Loading...
HomeMy WebLinkAbout7902 � �f(�e l�f re�����I�l�vt Cs�►�di��e`s�G�) L .sits f1 o¢ a's f*+- /it Se-C C:P-ffo-- 14 Owner: Gebbia, Joseph File #: 7902 Address: 2146 Route 25 � A Code: 13ED Agent Info Patricia C. Moore 51020 Main Rd. cTb Southold , NY 11971 Phone: 631-765-4330 Fax: Email: pcmoore@mooreattys.com cool e -Z D-� W ppuoie5 A642-P- YIE6 t BOARD MEMBERS ��OF soUjyo Southold Town Hall Leslie Kanes Weisman, Chairperson �� l® 53095 Main Road --P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora = Office Location: Eric Dantes �p� Town Annex/First Floor, Robert Lehnert, Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento u SodRE VVEID A" http://southoldtownny.gov SE$ w 9 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD outho Tel. (631) 765-1809 41 %blw'_�hl FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 5,2024 ZBA FILE No. #7902 NAME OF APPLICANT: Joseph A. Gebbia and Teresa M. Dunn PROPERTY LOCATION: 2146 Route 25 and 475 Condor Court,Laurel NY SCTM: 1000-127-3-6.4 and 1000-127-3-6.5 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. LWRP DETERMINATION: The relief,permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. TOWN OF. SOUTHOLD PLANNING BOARD: In a response dated April 26, 2024 for a Request for Comments,the Town of Southold Planning Board indicates that they are opposed to the requested action and variances for the following reasons: 1. The proposed lot is in a sensitive environmental area adjacent to a marine wetlands area. 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 the access to a"I-family"home. 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 non- conforming lots in locations that are environmentally sensitive areas. The concerns here are: a. The function of the sanitary system and the impact on Brushes Creek water quality. b. The distance from the lot improvements and the impacts of the Brushes Creek watershed. d Page 2, September 5,2024 #7902,Gebbia-Dunn SCTM No. 1000-127-3-6.4, 1000-127-3-6.5 Furthermore,the Town Planning Board has considered the parcel location,surrounding community character, existing build-out, and location of structures and vegetation on the parcels. PROPERTY FACTS/DESCRIPTION: Suffolk County Tax Map parcel number 1000-127-3-6.4 (known as 575 Condor Court, per Town of Southold Consolidated Real Property Tax Bill) consists of 735,889 square feet, or 16.894 acres and is an irregular-shaped, fresh water and tidal wetlands parcel, located in the AC Zoning District and measures 432.59 feet along the south side of the Long Island Railroad, then runs south 263.31 feet along agriculturally farmed lands to the east, then runs east 95.05 along the same farm and then continues south 517.90 feet, 380.64 feet, and 160.00 feet along the same farm then runs west 420.26 feet along creek lands to the south and a residentially developed lot then returns northwest 173.70 feet along a residentially developed lot to the west,then along an irregular line of a recharge basin owned by the Town of Southold, 138.69 feet, 208.05 feet to Condor Court, then along Condor Court and a residentially developed lot to the west, 213.35 feet, then north 356.56 feet along park and recreation areas belonging to the Golden View Estates subdivision,then 424.26 feet back to the Long Island Railroad. The parcel is improved with a large, 2-story frame barn (converted to a residence without the benefit of a Certificate of Occupancy) enhanced by a roof-over stone porch, second-floor balconies,with stone patio,outdoor fireplace, stone steps, central air conditioning unit, generator, buried propane tank, and stone driveway; a smaller frame barn measuring approximately 46.6 feet by 16.5 feet, a small frame shed approximately 12.3 feet by 8.4 feet, the remains of a small shed, electric transformer, C.A.T.V. Box, remains of a second small shed, and the foundation remains of a shed measuring approximately 10 feet by 20.6 feet, a wood arbor over gravel area measuring approximately 39 feet by 26 feet, substantial fencing and a gravel driveway (leading to Condor Court where there is a Belgium-block apron) including a roadway over a wood bridge, as described on the survey prepared by Nathan Taft Corwin, III Land Surveyor and last updated October 12, 2023. Contained within SCTM 1000-127-3-6.4 is SCTM: 1000-127-3-6.5(known as 475 Condor Court,per Town of Southold Consolidated Real Property Tax Bill) consists of 40,000 square feet, or .92 acre, rectangular-shaped, tidal wetlands parcel in the AC Zoning District measures 200.00 feet along agricultural lands to the east,then runs 200.00 feet to the west along lands owned by the applicant and previously described herein,then north 200.00 feet along the same parcel and continues back to the starting point 200.00 feet east. This parcel is improved with a 1 &2-story frame house and attached garage(also the subject of this application)with first and second- story decks,an accessory inground swimming pool with stone patio,fencing,and a gravel driveway bisecting the residentially developed lot, as shown on the survey prepared by Nathan Taft Corwin, III, Land Surveyor, and last updated October 12, 2023. BASIS OF APPLICATION: (Adjourned from June 6, 2024 and July 11,2024) Request for Variances from Article II, Section 280-9A(1); Article III, Section 280-14; and the Building Inspector's December 27, 2023, Amended January 12, 2024,Notice of Disapproval and requesting a reversal of the Building Inspector's Notice of Disapproval dated January 12,2024; based on an application for lot recognition and to legalize a lot created prior to June 30, 1983 at; 1) lot does not conform to Bulk Schedule AA; 2) lot is less the code required minimum lot size of 80,000 square feet; 3) lot is less than the required lot depth of 250 feet; 4); located at 2146 Route 25 and 475 Condor Court, Laurel,NY. SCTM No. 1000-127-3-6.4 and 1000-127-3- 6.5. The subject parcel(s)are encumbered with substantial fresh water and tidal wetlands. RELIEF REQUESTED: The applicant requests that the Zoning Board of Appeals reverse the Building Inspectors determination dated December 27,2023,Amended January 12,2024, denying lot recognition, pursuant to Chapter 280-(9)(A), for the parcel listed as SCTM 1000-127-3-6.5 (475 Condor Court, Laurel, NY)from SCTM 1000-127-3-6.4 and grant a variance pursuant to Chapter 280-14,for SCTM 1000-127-3- 6.5 (475 Condor Court, Laurel,NY)all pursuant to Notice of Disapproval which more specifically stated: Page 3, September 5,2024 #7902, Gebbia-Dunn SCTM No. 1000-127-3-6.4, 1000-127-3-6.5 This nonconforming 40,000 square foot lot(SCTM: 1000-127-3-6.5) in the AC District, is not permitted pursuant to Article II, Section 280-9A, which states: "A lot created by deed or Town approval shall be recognized by the town if any one of the following standards apply and if the lots have not merged: The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30, 1983, and the lot conformed to the minimum lot requirement(s)set forth in Bulk Schedule AA[I] as of the date of,lot creation,the lot(s) in question is/are approved by the Southold Town Planning Board,the lot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983, or the lot(s) in question is/are approved and/or recognized by formal action of the Board of Appeals prior to June 30, 1983. Lot SCTM: 1000-127-3-6.5 was not created as per 280-9A. In addition, lot SCTM: 1000-127-3-6.5 is not permitted Article III, Section 280-14, which states: No building or premises shall be used and no building or part thereof shall be erected or altered in the AC District unless the same conforms to the requirements of the Bulk Schedule and of the parking Schedule, with the same force and effect as if such regulation were set forth herein in full. Bulk Schedule requires a minimum lot size of 80,000 square feet, lot width of 175 feet and lot depth of 250 feet. The lot size is 40,000 square feet with a lot depth of 200 feet and lot width of 200 feet. Lot 127-3-6.4 meets Bulk Schedule requirements. Additionally, Planning Board approvals will be required. ADDITIONAL INFORMATION: Public hearings were held on June 6,2024 and July 11, 2024 with substantial oral testimony from the applicant, applicant's attorney, immediate neighbor opposed to application,and neighbor's attorney. In addition to the application, both applicant's attorney and neighbor's attorney provided numerous written memorandum and responses to each other's competing arguments. The relief sought in this application is to determine if Lot 6.5, the 40,000 sq. ft. lot with a two-story dwelling, pool and garage was legally created and carved out of Lot 6.4,the approx. 15 acre farm parcel, currently situated with 2 story barn,converted to a dwelling,with other structures. In relevant part, Section 280-9(A)(1)requires that for a lot to be recognized it has to have been created by deed or Town approval before June 1983 and the parcels cannot have merged. Applicant and opposing neighbors counsel provided numerous Deeds in the written record. Lot recognition requires the exact lot to be recognized be conveyed by Deed before 1983. Thus,the following were the pertinent Deeds: -1924 Deed from Scholtz to George&Mary Diachun; -1935 Deed from George Diachun to Mary Diachun, as a single parcel; and -1994 Deed from Eleanor Diachun and Rose Diachun, Co-Administratrixes of Estate of Mary Diachun to Nicolo DiBartolo and Caroline S DiBartolo. The two parcels (6.4 &6.5)were not separated by Deed until after the 1994 Deed. DiBartolos held it in common ownership until it was conveyed to the current owners in 2006. The issue of merger came up during the public hearing for file#5254, dated August 21, 2003, where the then owner(DiBartolo) J Page 4, September 5,2024 #7902,Gebbia-Dunn SCTM No. 1000-127-3-6.4, 1000-127-3-6.5 indicated as part of their application for a Bed& Breakfast Special Exception permit, that the lot was one 18 acre parcel with access to a public street. The applicant provided the Board with copies of Certificate of Occupancy for Lot 6.5, and/or oral testimony about permits issued for a pool and Southold Town Trustee approval. The Certificate of Occupancy#Z-31807 dated September 13, 2006 covered alterations and additions to a dwelling. The applicant provided copy of Zoning Board of Appeals prior relief granted for SCTM: 1000-127-3-6.2 (now recognized as SCTM: 1000-127-3-6.5), as follows: ZBA#5254SE dated October 17,2003 granting a Special Exception to establish a Bed& Breakfast within an owner-occupied residence at 475 Condor Court(Lot 6.5). The applicant provided photographs of the residence at 475 Condor Court, known as SCTM: 1000-127-3- 6.5. The applicant's attorney submitted written and oral testimony which included anecdotal information regarding historical ways of separating tax lots as described by the Town Assessors Office and Tax Property Cards. The applicant's attorney could not produce a Deed for lot 6.5, as the plain letter of the law requires. In addition to the pain language of the law,the Board has considered all applicants attorneys arguments and supporting documents and the Board finds the following to be true: 1. By applicant attorney's own testimony, she stated that where she couldn't find the Deeds, she had to look to caselaw to establish other ways of proving lot recognition. The Board finds none of which to be relevant or persuasive. Applicant also submitted that the lot recognition law sets forth a list of the means by which a created lot would be recognized, the pertinent one being created prior to 1983 and not merged,then countered that the list isn't the only way to create lots, but was unable to provide a relevant factual situation that would apply to subject lot. 2. Prior ZBA decisions pertaining to lot recognition were not offered, rather references to waiver of merger application,which use a different standard for relief sought. 3. The Certificate of Occupancy was issued for the single-family dwelling, which at the time was the only dwelling on the premises. The Trustees did issue a permit for the dilapidated barn, but to replace in kind, not to convert to a dwelling, as was done by the applicant. There were no CO's or Permits issued by departments in the Town of Southold that proved the applications to be anything other than pertaining to a single-family dwelling, pool and barn. The Board did not find that the building department issuing permits or CO's was proof the lots were separate. At the time of issuance,there was still one legally existing dwelling and barns on the property. The Board did not find that the Building Department was sanctioning the separate legal parcels by granting CO's or permits because the Town viewed this as one large parcel and at the time,there were no applications that would cause the Town to consider multiple dwellings on a parcel. 4. The applicants were issued violations once it was apparent there were two dwellings on the parcels (lot 6.4& 6.5)as the Town considered the lots one legal parcel. Applicant was then forced to apply for a Certificate of Occupancy for the barn conversion to a dwelling, which they already completed without proper legalization from the Town and received a Notice of Disapproval for legalization. 5. Much was made about the Right-of-Way for Lot 6.4 to have access to a public road, but the Board found it irrelevant to the Boards establishing lot recognition. The access would be a secondary issue to be determined elsewhere. Page 5, September 5,2024 #7902,Gebbia-Dunn SCTM No. 1000-127-3-6.4, 1000-127-3-6.5 6. The town recognized the need for legalizing `set offs' via the Planning Department but the applicant never sought that relief, nor did the applicant provide a single and separate search for the parcels to prove the separate ownership via Deeds. At the end of the June 6,2024 public hearing, the applicant provided Board members with a copy of a Site Plan for a proposed 2-lot(re)subdivision of the subject parcel Lot 6.4 prepared by Deerkoski&Arm Design and Engineering, DPC dated November 22,2023, indicating that it is the applicant's goal to achieve a lot line change, increasing the size 6.5 (475 Condor Court)from 40,000 square feet, to 247,680.46 square feet or 5.688 acres, if the lot is recognized. Applicant's attorney stated during the July hearing that they `weren't against the wall',that they had options. Additionally, applicant's attorney stated that going the lot recognition route was simpler than going to Planning for a subdivision which would require a percentage dedication to open space. No other member of the public spoke in favor of or against this application. The hearing was closed on July 25, 2024. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on June 5, and July 11, 2024 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. The subject lot, SCTM: 1000-127-3-6.5 is not recognized because it does not conform to one or more of the requirements of the plain language of Article II, Section 280-9A: a. Evidence has not been illustrated to show that the identical lot was created by a deed recorded in the Suffolk County Clerk's office on or before June 30, 1983. b. Evidence has been provided to illustrate that the subject lot does not conform to the minimum lot requirement(s)set forth in Bulk Schedule AA[I] as of the date lot creation. i. Required minimum lot size of 80,000 square feet in area. ii. Required minimum lot depth of 250 feet. c. Evidence has been provided to illustrate that the subject lot was not approved by the Town of Southold Planning Board. d. Evidence has been provided to illustrate that the subject lot is not included on a subdivision map approved by the Southold Town Planning Board prior to June 30, 1983. e. Evidence has been provided to illustrate that the subject lot was not approved or recognized by formal action of the Zoning Board of Appeals prior to June 30, 1983. 2. The Board listened to all applicant's attorney's contention of alternate ways of establishing lot recognition and found it not persuasive. Evidence has been shown to illustrate that even if the lot was recognized under the requirements of Article II, Section 280-9A, the lot would have merged under the requirements of Article I1, Section 280-10 as illustrated in the common deed dated April 25, 1994 and recorded in Liber 11677 page 427(Diachun to DiBartolo). 3. The Zoning Board of Appeals has determined that SCTM: 1000-127-3-6.5 is NOT a recognized lot thus the request for Variance relief is not necessary. In furtherance of not approving variance relief, the Board found the benefit to applicant's would not outweigh the detriment. Also,this is an environmentally sensitive parcel with tidal wetlands. Additionally,the applicant's performed work without necessary approvals from the Town. Their actions were the cause of their hardship. Page 6, September 5,2024 #7902,Gebbia-Dunn SCTM No. 1000-127-3-6.4, 1000-127-3-6.5 RESOLUTION OF THE BOARD: Although the Code specifically spells out how lots are recognized under Section 280-9(A),the Board did consider applicants verbal and written testimony, and supporting documents and caselaw. In considering all of the above factors within its powers under Southold Town Code and New York Town Law 267-13,motion was offered by Member Planamento, seconded by Member Acampora, and duly carried,to UPHOLD THE NOTICE OF DISAPPROVAL,deny variance relief request. Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento, Acampora and Lehnert. (5- 0) Leslie Kanes Weisman, Chairperson Approved for filing 7/ b /2024 SURVEY OF PROPERTY 401 �@CCTV@ SITUATEReceivedLAUREL �° � o. FEB 02 2024 ti• �o � 0� TOWN OF SOUTHOLD �� SUFFOLK COUNTY NEW YORK 9 9 Zoning Board of Appeals c 5 S.C. TAX No. 1000- 127-03-6.4 SCALE 1 "=60' A �\ 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. /i�9o0 16.894 ac. FRESHWATER WETLANDS = 72,731 sq. ft. TIDAL WETLANDS = 338,312 sq. ft. UPLAND AREA = 324,846 sq. ft. f, NOTES: 1. RIGHT OF WAY TO MAIN ROAD (S.R. 25) IS AS SHOWN ON / SURVEY BY RODERICK VAN TUYL DATED APRIL 22, 1987. J011 COVERAGE DATA OVER UPLAND AREA ♦5 G� FOR DEC DESCRIPTION AREA X LOT COVERAGE , `W �/ p0 BARN 2,270 sq. ft. 0.70X po (2) COVERED PORCHES 609 sq. ft. 0.19X 2nd STORY DECK 146 sq. ft. 0.04X O STONE PATIO 413 sq. ft. 0.13X STONE WALKS & STEPS 462 sq. ft. 0.14X BUILDING 769 sq. ft. 0.24X (2) STONE APRONS do STEPS 106 sq. ft. 0.03X SHED & R/0 GARDEN ENTRY 146 sq. ft. 0.04X • /� ARBOR OVER GRAVEL 1.049 sq. ft. 0.32X 1.194A BRICK WALK 130 sq. ft. 0.04% y (2) BRIDGES 278 sq. ft. 0.09X a� TOTAL 6.378 sq. ft. 1.96X 41 COVERAGE DATA OVER UPLAND AREA FOR TO1PN OF SOUTHOLD '— DESCRIPTION AREA % LOT COVERAGE 1�03 � BARN 2,270 sq. ft. 0.70X (2) COVERED PORCHES 609 sq. ft. 0.19X CO 2nd STORY DECK 146 sq. ft. 0.04% BUILDING 769 sq. ft. 0.24X 0� 4t M SHED do R/O GARDEN ENTRY 146 sq. ft. 0.04X �l��19 l+r ARBOR OVER GRAVEL 1,049 sq. ft. 0.32X TOTAL 4,989 sq. ft. 1.54X MILL O `O LLB �°� �/ •'�,. ��. c� AL ,ti a AILAL �. rQ 'I.FCb� AL Ne AIL � .D j INN, 1 � 431�AP AL AL AL y AL 'v,` d ire AL �s ,'r , y FLAG� FLAG N AL !� f' +o OS ]Y{L FIIG AL4 � �►IL FUG 71 � � a ,p AIIL dip FLAG 72 AL �bb� •���° e FLAG 73 �IIL 7 i► AIL JI L AIL �1IlL -O b AIL AIL t1� a° �b FLAG 70 a •�O. �i qb AIL bAIL FLAa°° °Ao 77 N FLAG a° AC FLAG 54 • AIL FLAT 7e 0 FUG°S z FLAG 70 O FLAG m AIL FLAG 00 AL N SAL (S FLAG 01 FUG 01 x0 FUG 00 JI L ANC 02 �\ x1 'A FLAG 40 AIL �K C, 0 FLAG b AL BRUSHES CREEK Fos Os TIDAL WETLANDS 11 FLAG 47 yYL FUG°4 FLAG 4e AL FLAG 40 nAG 44 �IiL Q7 FUG 43 ''I'I AIIfL d AL FLAB 42 t �6 0 x FLAG 41 FLAG 86 Cm FLAG 40 AL 01 N AIL FLAG so -- - r- nAG 86 200.00, 35 SWA TO VOL S. Ir ir�1r. FLAo FLAG 30 AL AIL C 1 t` �O ' STONE SILL 10.. _ 7 i c � � FLAG s° r j FLAc m � "��� •; w yytE O N FUG 34 �b,...� yLN 7GCp,'�� FLAG 00 SD y.00- �N FLAG ss �g ` t`b 31 FLAG ffi FLAG nAG 20 FLAG 00 (1� AL F FLAG 2° LAG n It-it FLAG 25 FW 24 AL � O N��� a FTAG FLAG 91 O•oo, FLAG 21 j N COG t q 0 ' nAo 92 j . .y�oT k4o FLAG 20 O1'Z� 'WOW 63. 208 0?0� c� O'� \ S FLAG 94 CV nA°'° 0V- FLAG 10 AL O �JJ G z FLAG 17 FLAG 95 � Q1 o UNAUTHORIZED ALTERATION OR ADDITION N0. TO THIS SURVEY IS A VIOLATION OF W FLAO w SECTION 7209 OF THE NEW YORK STATE LA 10 AIL EDUCATION LAW. OFLAG 07 COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR FLAG 10 AL FLAB M EMBOSSED SSEAL TRUE COPY. BE CONSIDERED TO B VALID TR nAQ 14 nM CERTIFICATIONS INDICATED HEREON SHALL RUN A 13 AIL ONLY TO THE PERSON FOR WHOM THE SURVEY J9L FLAG 100 07'6 IS PREPARED, AND ON HIS BEHALF TO THE '� o oLA CD Fuc 12 FTAG m1 TITLE COMPANY, GOVERNMENTAL AGENCY AND c� c� ''O AL LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- eA FLA6 11 FLAG,02 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. "a1 �o� FLAG 10 �G 0 THE EXISTENCE OF RIGHT OF WAYS �aN nAs° AND/OR EASEMENTS OF RECORD, IF = y FLAG 7 FLA0 FLAG 1os ANY. NOT SHOWN ARE NOT GUARANTEED. FLAB s f• FL � FLAG sAG 2 PREPARED IN ACCORDANCE WITH THE MINIMUM v% FLAG°FAG Lathan Taft Corwin III BY TSTANHE LIA.LS. D APPROVED AND ADOPTED DS FOR TM_E SURVEYS AS ESTABUSHED0, ,109�Cp" TITLE TM 1 t 1 T f I/P LATE LAND Land Surveyor �oF�nFw Successor To: Stanley J. Isaksen, Jr. L.S. o���P•PN �'FT co9i.;,O � Joseph A Ingegno L.S. Title Surveys — Subdivisions — Site Plans — Construction Layout r i r PHONE (631)727-2090 Fax (631)727-1727 A,I • O® �0% OFFICES LOCATED AT MAILING ADDRESS *-A 0. D.pN ••...... .•°°'' 6 O P.O. Box 16 1586 Main Road James port, New York 11947 }; A i`!' ®4 �o Jamesport, New York 11947 p . :- ,„c << ti'.; N.Y.S. Lic. No. 50467 �' y0S E—Mail: NCorwin3®aol.com f O COUNTY OF SUFFOLK gec6Ned FEB l— VI w �9� honing Board of Appeals 1tv'evo EDWARD P.ROMAINE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH LANSDALE COMMISSIONER ELISA PICCA CHIEF DEPUTY COMMISSIONER February 15, 2024 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Heather Romanelli #7898 A Regina Melly #7900 1A Richard Perl #7901 � Jospeh Gebbia #7902 0 John Lauretti #7903 Pine West, LLC #7904 tk Richard Fisher #7905 Zr Christopher Wershoven #79 10; Very truly yours, r��iP.aa o� AT / YZ16;v By Christine DeSalvo Theodore R. Klein,Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,2nd FI P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 0 (631)853-5191 1� rM OFFICE LOCATION: �(/'Y((iW�Ci(`� MAILING ADDRESS: r,I Town Hall Annex r SQ� � P.O. Box 1179 54375 State Route 25 ��' �y0 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) h0 l0 � Southold,NY � � Telephone: 631 765-1938 www.southoldtownny.gov W PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM Received To: Leslie Weisman, ZBA Chairperson APR 2; y Members of the Zoning Board of Appeals 61014 ZO"'09 From: James H. Rich III, Chairman Board of Appea_is Members of the Planning Board Date: April 26, 2024 Re: Request for Comments Gebbia SCTM#1000 1-2773-6.4,,.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. mw .; Y, a 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. Received TOWN'OF SOUTHOLD FEB 0 2 ZOZ4 BUILDING DEPARTMENT_ SOUTHOLD,N.Y. Zoning Board of Appeals NOTICE OF DISAPPROVAL } DATE:December 27,2023 i AMENDED:January 12,2024 TO: Patricia Moore(Gebbia) $ 51020 Main Road Southold,NY 11971 Please take notice that your application dated August 1.2022: For permit-to: legalize lot:recoenition(subdivision)at: Location of property:2-146 Route-25'&4-75,Condor Court:Laurel._NY County Tax Map No. 1000—Section 127- Block 3 Lot-6.4&6.5 Is returned herewith and disapproved on the following grounds: Thi's-nonconforming 40,000 s uare foot 127-3-6.5 i the AC District.is not permitted pursuant to Article II:.Section`280= . :mac states;"A lot:created.by deed_or Town.approval shall be recognized by-the Town-if my one of the followingstandards gpply:andaf the Pots.have not merged: TheIden&6I.-lot was created by deed recorded in, the.Suffolk.ijounty Clerk's office on or befm June-30.1983._ah&the lot.conformed to the minimum lot requirement(s)set forth'jn.Bulk-Schedule AM11 as of the date of.lot creation.;the lots)in question-,W r V` roLed b'ytlie"Southold Tb�yh_ lanning Board`,the lot(s)in.question.-is/are showii.on a-subdivision.map approved by the Southold Town Board prior to,June 30:"1983-.or the.lot(s):in guestion is are approved,and/.or recog_rii2ed formal action of the Board of Appeals-prior to June:30,_1983. Lot 127-3-6.5 was not created as=per•.2804A._ . . . In addition. lot=127=3-6:5is not permitted Article III,:Section.280=14;which states:. No building•or erruses shall-be used and no building or part thereof shall be erected or altered=m the AC District unless the same conforms to the requirements rof the Bulk_ Schedule and of the-parking Schedule,with the same-force and effect as if such Qi regulations were set forth herein in full. . ,I V Bulk Schedule requires a minimum lot size of 80.000 square feet,lot width of 175 feet and lot depth of 250 feet. The lot size is.40.000 sg. ft.with lot;depth off 200:feet,and lot. width of 200 feet: i FEB 0 2 2024 Lot 127=3-6:4 meets Bulk Schedule requirements. Zgning Board of(Appeals Additionally.Planning B6ard.aRir62094ill be required: You may now apply to these agencies directly. This Notice of Disapproval has been amended to reflect the new physical address change to lot 127-3-6.4,per applicant's request. Authorized Signature Note to Applicant:Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC:file,Z.B.A.,Planning TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: December 27, 2023 TO: Patricia Moore (Gebbia) 51020 Main Road Southold,NY 11971 Please take notice that your application dated August 1, 2022: For permit to: legalize lot recognition(subdivision ).at: Location of property: 575 &475 Condor Court,Laurel,NY County Tax Map No. 1000—Section-127- -Block 3 Lot 6.4 & 6.5 Is returned herewith and disapproved on the following grounds: This nonconforming 40,000 square foot lot(127-3-6.5) in the AC,District, is not permitted pursuant to Article II, Section 280-9A, which states; "A lot created by deed or ' own approval shall be recognized by the Town if any one of the following standards apply and if the lots have not merged: The identical lot was created by deed recorded in the Suffolk,.County Clerk's office on or before June 30, 1983, and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule AAjl1 as of the date of�lot creation,the lots, in question is/are approved by the Southold Town Planning Board,the -lot(s) in question is/are shown on a subdivision map approved-by the Southold Town Board prior to June 30, 1983, or the lot(s) in question is/are_approved-and/or recognized by formal action of the Board of Appeals prior to June'30 -.1983.. Lot 127-3-6.5 was-not created as per 280-9A. r In addition, lot 127-3-6.5 is not permitted Article III, Section 280-14,which states; No building or premises shall be used and no building or part thereof shall be erected or altered in the AC District unless the same conforms to the requirements of the Bulk, Schedule and of the parking Schedule,with the same force and effect as if such regulations were set forth herein in full. Bulk Schedule requires.a minimum lot size of 80,000 square feet, lot width of 175 feet and lot depth of 250 feet. The lot size is 40 0 s . ft. with lot depth off 200 feet and lot width-of 200,feet. � r J Lot 127-3-6.4 meets all Town Code requirements. Additionally, Planning Board approvals will be required. You may now apply to these agencies directly Authorized ig Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A.,Planning IT IS THE APPLICANVAGENT'S RESPONSIBILTY TO REVIEW THEIR FILE FOR ANY CORRESPONDENCE FRQM OTHER 4GENCIES INCLUDING LWRP COUNTY PLANNING TRUSTEES PLANNING NEIGHBOR'S ETC.,PRIOR TO Fee:$ Filed By: Assignment No A a FEB 0 2 2024 Zoning Board Of Appeals APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE (Farm)No.2146 Street: Main Road (575 Condor Court)Hamlet: Laurel and (House) 475 Condor Court,Laurel SCTM 1000 Section 127 Block 3 Lot(s)6.2&6.3 (now 6.4&6.5)Lot Size 6.4 is 15 acres and 6.5 is 1 acre Zone AC I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED December 27,2023 BASED ON SURVEY/SITE PLAN DATED(Nate Corwin survey)8-3-12 last dated 3-21-23. Owner(s): Tax LOT 6.4(House)Joseph A.Gebbia&Teresa M.Dunn Tax Lot 6.5(Farm Parcel/Agricultural)Joseph A. Gebbia Mailing Address: c/o 475 Condor Court,Laurel Telephone: 516-380-8335 Fax:_Email: tdunn5585@gmail.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Patricia C.Moore for(X)Owner( )Other: Address: 51020 Main Rd, Southold,NY 11971 Telephone: 631-765-4330 Fax: Email: pcmoore2rnooreattys.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X)Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 8-3-12 (last dated 3-21-23) and DENIED AN APPLICATION DATED August 1,2022 FOR: (X)Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article II Section: 280-9A and Article: III Section: 280-14 ' 2 Type of Appeal. An Appeal is made for: Q# (X)A Variance to the Zoning Code or Zoning Map.(Article III 280-14) ( )A Variance due to lack of access required by New York Town Law-Section 280-A. Q (X)Interpretation of the Town Code,Article 280-9A Section_(Lot recognition) (X)Reversal or Other 280-9A decision of building inspector—the lot was split in 1935 and by the Assessors at the owner's request in 1969(separate cards created and tax map numbers issued)without recording a deed A prior appeal(X)has, ( )has not been made at any time with respect to this property, UNDER Appeal No(s).5254 Year(s)2003.(B&B Special Exception granted for house) Name of Owner:Dunn&Gebbia ZBA File# REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): l. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because:The house lot is one acre in size (200' x 200')and contains a single- family dwelling and pool with access onto Condor Court. The farm parcel is 15 acres and contains barns and accessory agricultural structures is actively farmed with separate legal access to the Main Road. The two properties are separately owned. The one-acre home is surrounded by open space and wetlands used as a cranberry bog. The Estate of Mary Diachun went through the Suffolk County Surrogate's Court and the one-acre parcel was appraised separately by the estate, recognized by the Surrogate's Court and treated as a single and separate parcel. The farm was appraised and treated by the Surrogate's Court separately. The Diachun family had owned this land since 1924, in 1968 they were issued two separate tax map numbers and issued separate tax bills. The Diachun family had treated the parcels as two separate parcels and continued to treat them as two parcels until Mary's death in 1984. The Estate of Mary Diachun took 10 years to settle because the two sons (beneficiaries)died during the administration of the estate In 1994 the Estate of Mary Diachun sold the two parcels to Nicolo and Caroline DiBartolo. The farm and the one acre continued to be treated as two separate parcels. DiBartolo applied to the Trustees,the DEC and the Town for a significant expansion to the house and multiple building permits were issued for the house separately on the one-acre parcel. In 2003 when DiBartolo applied for the B&B Special Exception approval from the Zoning Board someone pointed out that the two lots had been merged and issued a new tax map number. During the Special Exception hearing and correspondence,the one acre was exempt from merging since it was one acre in size. He thereafter filed correction deeds for each parcel and by the release of the 2006 tax map,the one- acre parcel is reestablished on the tax map. The DiBartolo survey continued to show the one-acre lot and the Zoning Board referred to the one-acre parcel in granting the Special Exception. The separate one-acre lot has appeared on all tax maps since 2006. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: the owner's deed, survey and other legal documents refer to the one-acre parcel. Since 2006 the deeds properly describe the parcel as being 200 by 200. The Lot recognition issue was raised for the first time when the owner of the Farm parcel applied for a building permit to convert some of the barn space into a single-family dwelling. 3.The amount of relief requested is not substantial because: The closest surrounding subdivision is off of Condor Court, Golden View Estates, developed in 1984 which has similar one-acre parcels. The subject parcel is isolated, surrounded by 16.8 acre containing both freshwater and tidal wetlands. To the north is the Gebbia farm,to the east is Half Hollow nursery(@38 acre)and to the south preserved open space (@26 acre) off Peconic Bay Boulevard. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: This one-acre parcel was created in 1935. The house has been updated with building permits. The farm property continues to operate as a farm and the owner wishes to obtain a building permit to convert one of the existing barns into a dwelling. 5.Has the alleged difficulty been self-created? { ) Yes,or{X)No why: The"lot recognition"was never raised throughout the years and multiple permits have been issued by the Town of Southold. This conclusion came as a complete shock to the owners. Are there any Covenants or Restrictions concerning this land? { )No {X}Yes(please furnish a copy)Department of Environmental Conservation when house addition was done in 2006 This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. ZSigna re of Applicant Authorized Agent (Agent must submit written Authorization from Owner) slyorn to before me this of 20 day �0? YAN S :baw Received FEB 0 2 2024 Notary Public KYLEE S DEFRESE Zoning Board Of Appeals NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 t - - Received FEB 0 2 2024 11111111//Hill 111111111111 M 11111 IN 11111111111111111 Zoning Board of Appeals IIIIII II'll��IIII III SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGES Type of Instrument: DEEDS/DDD Recorded: 10/18/2006 Number of Pages: 7 At: 02:02:47 PH Receipt Number : 06-0101856 TRANSFER TAX NUMBER: 06-09892 LIBER: D00012474 PAGE: 763 District: section: Block: Lot: 1000 127.00 03.00 006.004 XXANINHD AND CHARGED As FOLLOWS Deed Amount: $925,000.00 Received the Following Pass For Above instrument Ezempt Exempt Page/Filing $21.00 NO Handling $5.00 NO con $5.00 NO NYS sRCHG $15.00 NO BA-CTY $5.00 NO HA-STATE $165.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $30.00 NO Be= $0.00 NO Transfer tax $3,700.00 NO Comm.pres $17,000.00 NO Fees Paid $20,951.00 TRANSFER TAX NM1BER: 06-09892 THIS PAGE IS A PART OF TH$ DNSTRUPP THIS Is NOT A HILL Judith A. Pascals County Clerk, Suffolk County Received 1 2 FEB 0 2 2024 Number of pages REMRM TORRENS zoos Oct 1e 020274PIAN)9 Board of Appeals Judith A. Pascale Serial# CLERK OF SWFOU(COLWY f� 0- Certificate# L DOW12474 P 763 Prior CtE# DTM 06-09992 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 31 FEES Page/Filing Foe Mortgage Amt. 1. Basic Tax Handling 5. 00 2. Additional Tux TP 584 Sub Total Notation 2/ SpecJAssit. ..J� or EA-52 17(County) <,..._, Sub Total Spec./Add. EA-5217(State) G Y TOT.MTG.TAX Dual Town Dual County _ R.P.T.S.A. H intment Comm.of Ed. 5. 00 s+ Affidavit • Mansion Tax The property covered by this mongage is Ccnifiod Copy The will be improved by a one or two NYS Surcharge _ 15. 00 Sub Total�f 5� family daxlling only.Other / YES or NO . �/ `� Grund Total if NO,sec appropriate tax clause on page# of this instrurmIt O d tst -7� Block '� Lot 5 Conu=Wty Preaet:vat ion Fund 06036276 ><000 1270p 0300 006004 Real Prtgteny P T g Consideration Amount$ ooc Tax Service �.'YYH A Verification itt OCT CPF Due S -I 0tI0 Improved Vacant Land ✓ 6j SatisfactionsMisch:ugeditekases List Property Owners Mailing Addrccs RECORD&RETURN TO- TD 060— J-05kC A Pr LI-Z_A^-;ky ES& TD P. O. Bole cog TD Ezs* .S-P-4,ke-iti r, 7 Title(Company Information 3 3 o.NamO S Att Title M Suffolk Countv Recording & Endorsement Page This page forms part of the attached 12A A made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in l _(are l'(te b; b u r i-d in SUFFOLK COUNTY.NEW YORK..� pp � !� TO In the Township of `��I�G.rJ In the VILLAGE _ or HAMLET of �`-&L't BOXES 6 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) Ny I1115-&vj;mn not\tk L%%w vidl COWM1'ral Valim kkarar'>Am lWirdanl m Uwprai-a isinsie storm oNywn;my COMIL lX YOUR IAINVER NFIVRESIGNJ.m;Nus l.\'-rravAluvr-'rins mrm0mimsFIlIlmim.usm By 1_imraso.m.Y MRS INDI:WURE.Made the 6th day or October in the yrrr 2086 Dli'fN BEN D Nicola DlBartolo and Caroline S.DlBurtolo 475 Condor Court I Laurel,N.Y. 11948 Received { t,J FEB 0 2 2024 O pany of the first pan.and Joseph A.Gehbia,P.U.Bos 1449.Stony Brook,N. V 11790 S/ -/wA0o'14¢00 Se,'rA�r Zoning Board of Appeals f»33 pony or the second pan. W1TWL'UETH.that the party of the first pan.in comwitleratiun of Ten Vollam aml Other valuable coruidcration paid by the puny of the second pan,does Iterel+y grunt and re4 ave unto the party orthe sectnrl pan,the heirs or summsars and assigns of the puny or the second part finvver. AM.that certain plot,piece or puael of land,with the build lags and improvemems thcnvn emmed.situate,lying and tieing in the SEE SCHEDULE"A"ATTACHED That Grantors hereby quitclaims to Grantees any right,tide or interest in a certain right-of- way to Main Road as described In Schedule"A"herein. BEING AND INTENDED TO BE part of the premises as conveyed by deed dated 4/14106 and record 4/20106 in the Suffolk County Clerk's Ottice In Liber D0001246,page 351" 1'ayas'�p 1/9 f SUBJECT TO NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION("NVSDEC")COVENAXI'FIL.F.D 1N DEED DATED 11/11/84 AND RECORDED IN LIBER 12425 AT PAGE 494 IN THE OFFICE OF THE SUFFOLK COUNTY CLERK PREMISES KNOWN AS: 47.Condor Court,Laurel,N.V. 11948 SCTNI#1000-127.3-6A T'(x:!`rHER with all tight.title and interest,ifany.of the puny of tke 11txt pan of tit and tuanv streets am1"ru Wmiuing the ahtne<lescritx'd premises to the center lincx tlereuf.T 0Q THRR with the appurtenam ea and all the esrrle and righrs of the puny of the firm pan in:cod In said premises:IV HAVE AND TO 11011)Ihte preml"herein granted unto the pare of the second pun,the heirs or sumcs-ors and a..signs"f the party of the second pan fumver. AND the party of the first part covenants that the puny of die first part has not done or sulTemd anything wlme y the said pminkes have been ineumbenrl in any way whatever.except as afurrsaid. AND the party of the first part.in compliance with Section 13 of the Lien Law.c'"vt pants that the patty of the first pan will i remkv thecvmsidcrmion1'orthkwrtvt7anceandwillholdtherighttoreceivesuchconsiderationasatrustfundmheapplied ill first for the purpose of prying the own of the imptuvernent aml will apply the same first to the payment of the cum of the improvement IrrGm:using any pan of tlrc anal of thr.urne fur any wher purpose, '11e word-party'shall be ConsWed as it it rear)`panics"whenemr the sense of this indenture so requires. f IN WITNUS WHEREOF,the piny of the first port has duly executed fts tkrd the day and year first above written. LN PaLmser on ne D,BtirFo roli S. orlolo 19/18/2 q 12:23 6317447179 MARATHON ABSTRACT PAGE 97 Schedule A Description-continued Received rue Number MAa7 " FEB 0 2 2024 Zoning Board of Appeals (Parcel 11) ALL that certain plot,piece or parcel of land with the buildings and improvOmnts thereon erected,situate,lying and being at Laurel,Town of Southold,County of Suffolk and State of New York,being bounded and described as foliows: BEGINNING at a concrete monument set In the Northeasterly comer of the premises to be described herein,said point also being dividing line of the Northwesterly comer of the land now or formerly of Rasweller,the Northeasterly comer of the premises to be described herein,and the land of the Long Island i Railroad Company; RUNNING THENCE along the land now or formerly of Rasweiler the following four(4)courses and distances: 1. South 37 degrees 34 minutes 20 seconds East 263.31 feet to a concrete monument; 2. North 61 degrees 17 minutes 00 seconds East 95.05 feet to a concrete monument; 3. South 29 degrees 19 minutes 40 seconds East 617.90 feet to a concrete monument; 4. South 17 degrees 48 minutes 40 seconds East 380.64 feet to the land now or formerly of DiBartolo THENCE South 72 degrees 11 minutes 20 seconds West along the land now or formally of Nicola and Caroline DMartolo 200.00 feet; THENCE South 17 degrees 48 minutes 40 seconds East along the land now formerly of Nicola and Caroline DiBartolo 200.00 feet; THENCE North 72 degrees 11 minutes 20 seconds East along the land now or formerly of Nicola and Caroline D!BarWo 200.00 feet to the land now or formally of Rasweller: THENCE South 17 degrees 48 minutes 40 seconds East 160.00 feet to the land now or formerly of T.Diachun; THENCE South 60 degrees 01 minute 20 seconds West along the land now or formerly of T.Olechun and the Northerly lot line of Lot 7 as shown on a certain Continued On Next Page 10/10/2006 12:23 ' 6317447179 MARATHON ABSTRACTed Schedule A Dascriptbn-Continued FEB 0 2 2024 ,We Number MAW7" Zoning Board of AApeal� map entitled,-Map of Golden View Estates".as filed in the Offlee of the Clerk of the County of Suffolk as Map Number 7770,42026 feet to a concrete monument and the Easterly line of Lot Number 8 on the aforesaid map; THENCE North 31 degrees 54 minutes 30 seconds 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 j Golden 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 monument; THENCE North 63 degrees 58 minutes 20 seconds West along the Northeasterly side of said recharge basin and the Northeasterly side of Condor Court as both are shown on the sold"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 44 degrees 34 minutes 10 seconds 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 of Golden View Estates'213.35 feet to a concrete monument and the Southeasterly side of said"Park and Recreation Area'; THENCE North 3 degrees 29 minutes 10 seconds East along the said Southeasterly side of the said"Park and Recreation Area'356.56 feet to a concrete monument and the land now or formerly of K.Leeds; THENCE North 34 degrees 09 minutes 50 seconds West along the land now or formerly of K.Leeds 424.26 feet to the land of the Long island Railroad Company and the Northeasterly comer of the premises described herein; 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 and 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 corrrsete monument set in the said Southerly side of Maas Road marking the Northeasterly comer of the land now or formerly of Qualls and the Northeasteriy comer of land now or formerly Sawicki,said monument also being 2.077 feet,mom or less, Contlrwed On Nast Page 18/18/2006 12:23 6317447179 MARATHON ABSTRACT PAGE 89 i Sd"ule A Description.continued Received Title Numbw ehuR"" FEB 0 2 2024 Easterly from the Easterly side of Laurel Lane; Zoning Board of Appeals RUNNING THENCE South 20 degrees 17 minutes 30 seconds East.through the land now or formerly Qualls 112.72 feet; THENCE South 22 degrees 06 minutes 30 seconds East,still through land now or formady of Quay and the land now or formerly of McCarthy 206.04 feet to the Easterly side of land now or formerly of McCarthy and the Westerly line of land now or formerly of Sawicki; 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 Puke of land now or formerly of Resweier, THENCE South 46 degrees 43 minutes 10 seconds 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 and of an arc of a curve; THENCE Southerly,Southwesterly and Westerly a"the arc of said curve bearing to the right,being subtended by a chord bearing South 26 degrees 58 minutes 50 seconds West a chord length of 23.69 feet,said curve having a radius of 35.07 feet a length of 24.17 feet; THENCE South 46 degrees 43 minutes 10 seconds West,through the Northerly side of land now or formerly of Raswetler 428.92 feet to the lard now or formerly of Rasweder and the Easterly,side of land now or formerly of Diachun. THENCE North 37 degrees 34 minutes 20 seconds West along the said land now or formerly of Rasweiler and land now of formerly of Diachun 8.04 feet to the Southerly line of land of the Long Island Railroad Company: THENCE North 46 degrees 43 minutes 10 seconds East along the said land of the Long Island Railroad Company 428.12 feet to the extra=Westerly and of an arc of a curve; THENCE Easterly,Northeasterly and Northerly along the arc of said curve, Continued On Najd Page 1e/1B/Y9e6 12:23 6317447179 MARATHON ABSTRACT PAGE 19 . Schedule A DetorlpUm-continued Q Received bearing to the let being subtended by a chord length of 29.89 feet:said curve FEB 0 2 2024 having a radius of 27.07 feet,a length of 31.68 feet; Zoning Board of Appeals THENCE North 20 degrees 17 minutes 30 seconds West through the lends of the tang Island Railroad Company and naw or formerly of McCarthy 746.05 feet; THENCE South 69 degrees 42 minutes 20 seconds West still through the land now or fomwdy of McCarthy 2.0 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 seconds West still through the land rww or formerly of Quaps 108.o feet to the southerly side of Main(State)Road: THENCE North 47 degrees 23 minutes 00 seconds East along the Southerly side of Main(State)Road 12.97 feet to the point or place of BEGINNING. Continued On Next Page f)SI:AGA'lplvlJMUF.%TFORAffiFiowimilLVNr.'n)iiarhMATFO.va. LA ACKw)x'i27)cvl-vrkYll4 mj.(jww7rM,vNFwiiagSrA7P0,Hr- btutenfNewYork.Cnuntyof Suffolk ISL: %Wte(tfKewYorLCnuntyof Imo: on the 6 day or October in the)vn►2006 Ott dw day of in the year befixe nw.ate tateki iymtLpatmana �.DlBartolo belotr me,th undeNijinal,peuswdly nppem d Nleolo DlBartolo and Caro nc penunailly k7uwn to lac w pnoval to and:tat tlr bads of%disfuctaq paramally known to ate or patvtd to itle un alto l is tlf satisfat ally evakncetobetheindivitholts)w1mwnanidsi)statt•mbvibedtothe cvitlentvU)hciheindit•hurl(n),Atmenanw(s)iiir)i b'ibtdtuth within instrumeru sad ackmahwictigal to me thin hdshw"excel;W widtin imithnrni anti eaclan ivIedged to the that Irr AmUry eua used the same in bbilterMwir cupwhylitst atW thil by hiAwdthcir the wane in hihi h their agsait)itecl, and thm by hMnvh)rir signauu is)on the insirtWran,the it tlidal d(a w the pan=upon >opmWrt•Isl an the ingiunwelu the individ6aUs6 or the purun uptln bckdf or wh (he individimitsi aaetl.cautvwd the iLLttmmtra. behalf of wdtich the individual(si wed.e%muted the inarurmta. A M 0.GRE000 iffiIAYt tOawAroffi R m Aaa.alN Acw.%uu7F.rwAre3vr Mot mRMEIftnaVrw)(*K.rAYEOwn AcA.w%i.F2ximEA7PaUtJFT IU.tit0(.7 1KNFtYFujiXUAn.,Owtt: JAW Ywf%tlAvWnxwone"Artwndedxxwv/Cerklruc.) /r/mg4we.v�5w/paUewndktwalydq rw6nrrnmrl Stuleelf New YIW'k.CountVor Ib&.- .... ...........)9t: Irmpraw t'rrarrirk wl•.(5antan Pnw�waa,sA/nrx,irytlq! On the day of to the)•atr Mira:me,obi•undemigned.penmrmlly algrmed On the day of in the year be five me,the undencigrted.perrtnetlh•appmwd dr salt cribinr.witness to the roMSUing imtntmunt.with%Moan I ant peruatdly atytwimed.who.being to-me duly satrn.did ticpose and nrumaliy krxnan to nhe or pnntti tr me am the llama of"iracwry say thatIrrJA;Vteyrtvdo?j)in chide to Ira the indiv)dmrlrs)wMyteranims)israte)vOwnbultothe whwn inwahme t tux]tckrttMdt*W do mo that heftehhv eu veaty (Ifibr)JurrrJ'rcsidnrrisinattin:indndtdrrstny7wrr/srnrrnwnhr. the istinieinhWherNriramilack)1m).ftdbyhGAtetftkirwjg;ar=nts) +jam•.dnmrJk tlw ha/shddry kiutwts) on the insounm.the intlividtulls).twthe person upon b".forwftidl dwirtdvlduks)ncted.exwutWdwiaurument.arddw.;mhinditkltd (10 be the individual tlmTMl in and who eu hacel the tin�aling aerie wx&rrppt:ra=bcf%, the urAneigned in the instrument•.aka raid subsailling witness was(desert)and rawrdd =vLac dw same:and that said witness at the sane tint suhscnhed flnrtrf Ihrtin w�ra�rcrpdiltrod.uJtlitirbrrcar/drrsrareorntrurrrror hilirmAhcirnamtys)asawitnexsaerrto. vda•rpGar the avknt tfftv)gnleruumrtrtrn). Received/ c FEB 0 2 2024 BARGAM R SA IX DF.6ar w;n:tim!rt��s�frtlr4rrAt�ipr'sra�% Till.k)v(r. DISCRu71000 Zoning Board of Appeals Sh7.7irim 127 Niculo D18nrtulo S Caroline S.D1Bartolo Rt PCit 3 Lur 6A Cuvrnivtut'ruw:-4 Southold TO Joseph A.Gehbin RM)MAMATRENUESroF Fid dlty KW t ml Me Inmrance Company RA AMNRvsrA)LM FIDELITY NATIONAL TITIX Joshua Pruiansky,F.sq. INSURANCIC COMPANY P.O.Box 802 frost Selauket,NX. 11733 C• MwV�A.Fidelity-07.wYr�� tlr.i..N.r...t14/..r Il►ra•...w.. W O R u S tli W m S L'L^"E TYPE OR PRESS FIRMLY WHEN WRITING ON FOAmi- FOR couNTv USE ONLY INSTRUCTIONS:httpl/www.orpsstate.ny.us or PHONE(518)473-7222 � J 4 '� JO�•� ct.sm Cods •7 g a % REAL PROPERT1f TRANSFER REP ece�ved STATE OF FEIN YORA a Dda DaW Raeordad I /O I. I WATE 00=0 OF REAL.FrAFE Y 88IVM C&Boab �{ 7 m Page 17,Llev�e 1 RP - 5217 FEB 0 2 2024 PROPERTY ININFORMATIONVM17 On Jmw Zoning Board of Appeals Leaw-I' 1_ I wmdwma aeawlmwCondor Court I Laurel. NY 1 1 11948 I {wRww eQmlr Rrwm L wpr - Gebbia I J. h A. I mum wdaeaw I 1 dwaeear rover ter 2.Tom ildae0e dress hma To dr a Im ba not '� ■mag YadwUm+bwgrddeaafaba4ndbrmll dwew I NJaoseoh A- I Adis I 475 Condor Ct. I Laurel I N Y111948 I ataerdmmamwAM on eomm 4.b kar do wwwuuI wr Aamnw m IOwdr 1 het d■PwcA Chmh me daF moor. Roe Pamb Vsrd nmd m the dead 1 1 1 4.1 Paab an ❑ Pad M a Paml k PWnrng Band with Surodwlakn Arharlry FaW ❑ L Dead I I — —sdmwl.kn Appwtral ova Regaled for Tend* ❑ BP wmmr x�w+r> 1 00 1 ACRI� 1 4C.Neel Approved for Suldd lom whh SIR Pwaldad ❑ L BOOM 1 DiSsrtRl 1 � I I., ww uwar NNW I DiBartolD I Caroline —xI 'wTw 7.Comb do bee below rddleh eaaf mnmmbdp dmwbr the ova of d»propalf at the em d aft Check da bow belmor m tfwry nWr. L ownership Tvw Is Cordomh*m ❑ A0 one FwnW IIaddomYl E Agli NWW 1 Communh7 Bowl. L Nm CaabwN Vacant on an vant Lad ❑ B L 12 or 3 Fmmli7 ReaWendal FL.I Ccnnaddal I Industrial IOL Pd,tV Laaad wlbin an AgneuMl OIst1Mt ❑ C ReaWadmbl Veom land 0 P4— F Poblk Smrwfam MR.flute medM a diedosme nafial' " -*g ❑ Na►Realdentid Vacant lad 11 Eda mah mom f AIIlwmann L Formal dam tie praprly fa In en Agripdmnd Dlmim SALE WK)RMATION I IL Head as er mewn of doves wan/tlewa m appBm6Y le t onalm 11.ad.eatbae[Dose 1 09 WE /18 / 20061 A sob awm7reea Rmbuww or rvm,wa Rwatlwae aw f H flab Bewares Ibirted Companies or Pammm in Business C one of the etryas b mbo a Saw Q.oar of saw I Twit. L 10 / 06 1 20061 D BtwPmr Or Sena It Bmwarmnrs AgmW or Laudhq Iwledadlam eta w a" row E Dead Tvpv not wuemrry or Bargain ad Sole ISpm*BeImM F Sele of Ere akwl mr Lear dun Fes b a. I4vft Wes M G Sigaarnt Change In nto Pigmty Aetwreeww Tara Stawm and Band Do n Fria f>.r PAN ,9 2 5 0 0 0 , o . o l H Sao d Baabaae is kwkwdd in sal.PH= (FwO Sob Nee is the NMI anowrd paid for do prop"I dudino peamml property 1 tlawr Uma uil Fa wre Adeutlwrg See Price a adz Bernd This p Wmwd weary be ti do form d anh.Wier pwapat7 a gocdm�or the meowuption d J Nat noagagm a adm a vKIcwJ Press egwnd ro tM drevau wMaN d W araawt /4 Maaar do warm of prval I . 0 . 0 I proprmg Yd add In an ado ASSESSMENT INFOWATIM-Data dMUld refted On btad Rn I Amnawnt Roo and Tar WU IL Yeard�Idiawatlon hen J 17.Twml Amema d Vmia Id adpwmk k tre a 1 I IL Peoputy Cam 11.2. L.J 1L riche)Obbfa ve, 1— 12 L�t��/ dl�P7Y p-1.�,f.•�� , 20.Tom hbP 1denWbde)I Rd IdrwWrW to MM dud law.atlewde dame atrb drSdauf idee Igeefd) I 1000-127-3-6-4 I I 1 I I 1 1 cERDFICATION 1 mtlly"an of fie Wm of Wmwdoa wttwutd at Sim fats we Dee rd mmml flu Oa Its ef 07 kwob*mm l bead)and I mmdmind Mom dove asddllg d t)wbf"m meat of mane rml red bade WE m mm IN is the mmumm of set amd b reksm to da arlbg ant Imm or Die b AM BUVOM ATUOMY 10/06/2006 Prusaneky I Joshua K. mwrwrr ra wma mum nw anx 5 1 Condor Ct. _ 631- I IP3B 751-3119 anaa armarm meat WIUIfUaw film mnt 1wlwQCamO Laurel I NY 1 11948 rwrmmmn ma zvccm [NIRW YORK STATE COPY 10/06/20G6 rmdaw.a pram Received FEB 0 2 2024 I��I�II III�I II�II 1�1 IIIfI�IIIII IIIII II�III zoning hoard of Appeal I IIINI H�lull IIII(lli SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instruments DEEDS/DDD Recorded: 10/18/2006 Number of Pages: 4 At: 09151100 AN Receipt Number s 06-0101505 TRANSFER TAX NUMBER: 06-09741 LIBXR: D00012474 PAGE: 562 District: Sections Block: Lot: 1000 127.00 03.00 006.005 HXAMNED AND CSARGHD AS FOLLOWS Deed Amount: $950,000.00 Received the Following Fees For Above Inetr na t Hxempt Ez=Vt Page/Filing $12.00 NO Handling $5.00 NO COE $5.00 NO Mrs SRCHG $15.00 NO HA-CTY $5.00 NO HA-STATE $75.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $30.00 NO SCTx $0.00 NO Transfer tan $3,800.00 NO Coam.Pros $161000.00 NO Fees Paid $19,952.00 TRANSFER TAX NM0XR: 06-09741 THIS PAGE IS A PART OF THE INSTRMOUT THIS IS NOT A HILL Judith A. Pascale County Clerk, Suffolk County f 1 2 �Dp�- Received Number of pages 4 TOct2006 Judith 18 oPa=ale AN FEB 0 2 2024 TORRENS Judith A. Pascale CLERK OF Serial# rSWU COUNTY L 1)000I i4 Zoning Board of Appeals Certificate N DTA 06-09741 Prior Ctf.N Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 31 FMS Page/Fling Fee Mortgage Amt. 1. Basic Mix Handling 5• 00 2. Additional Tax T P-594 Sub Total SpecJAssit. Notation or EA-52 17(County) Sub Total Spec./Add EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. Held for Appoin Cumm.of Ed. 5. 00 Transfer Tax Affidavit • • Mansion T'ax The property,covered by this mongage is Certified Copy or will he improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Taal If NO.see appropriate tax claim on page N or this instrunAnt. N 4 D Scctio�'� Block�3-�D 0O Lot 5 Con munity P emiriat ion Fend Real Property 0036022 1000 12700 0300 006605 Consideration Amount$ Tax Service Agency P T S . CPF Tex Due S V G� Verification POTY A 7� Improved Varani Land 6 Satisfactions/Discharges/Releases List Property Owners mautng mmicss RECORD&RETURN TO: TD TD - u7AAS� b SoS 4.t,t.e1,. �r 6S PO. 604 90P TD 173 7 79Ne C011111118101V Information Co.Name Title N f3 Suffolk Counly Recording & Endorsement Pa e This page forms part of the attached a d, made by: (SPECIFY TYPIi OF INSTRUMENT) C dko bi ;�a r 4-6 1 The premises herein is situated in rl c-[) a A iQ �. l { ,,SUFFOLK COUNTY.NEW YORK. —�- TO In the Township of h1 1_ 6 1 4 Jr)S IP - C—,L,bj Gl In the V W.AGF. k �\ PeS im. t_JU_n A o+rHAMLL•Tor BOXES 6 THRU 6 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) 77 / 191FON-a+Reojejs*DecdvA*Ca=raiakMOnddsMnlraA IcirCwpmamlSlrekShecUAYU1Vt101R1 LY1.ULTYOURIAWYRR -MISI!WMUMFYrSIWLUDHEUSSnNYIAWYM'iOXLY THIS INDENTURE.made the 6th day of October in the)tar 2006 D,;-- DETWEEN l ,gyp Nicola DiBartolo and Caroline S.DIBartolo Received 475 Condor Court Laurel,-N.Y. 11948 FEB 0 2 2024 panynrthe first part.and Zoning Board of Appeals 11p h Joseph A.Gebbla,P.O.Box 1448,Stony Brook,N.Y. 11790 and Teresa M.Dunn,P.O.Box 1448,Stony Brook,N.Y. 11790 �drN /rFrS�oi•✓G AV' y//ANAllwad CAuffl ' SEr�k/1�r�✓y party of the second pan. /1 733 W I17VFSSETIL that the party of the first part.in cvmidettaion of'I'en Dollars and other valuable wmideeatian paid by the parry of the xtroad put.does hereby grant and nk:tse unto the party of the wand part,f ,heist or smeoemors trod assigns of Ibe party of the second pan fam-er. ALL that certain plot.pict-c or pumvi of land.with thtc huildings and impon%micnts titetem erected.situate.lying arid(wing in the SEE SCHEDULE"A"ATTACHED That Grantors hereby qultclalms to Grantees any right,title or interest In a certain right-of- way to Main Road as described In Schedule"A"herein. BEING AND INTENDED TO BE part of the premises as conveyed by deed dated 4/14106 and recorded 4120/06 in the Suffolk County Clerk's Office in Luber D0001246.page 351. a-wl'p0-4*wj G is PgXcp p SUBJECT TO NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION("NYSDEC")COVENANT FILED IN DEED DATED 11/8/04 AND RECORDED IN LIBER 12425 AT PAGE 4941N THE OFFICE.OF TILE SUFFOLK COUNTY CLERK PREMISES KNOWN AS: 475 Condor Court.Laurel,N.Y. 11948 SCTMN 1000-127- -6.5 018 acres,40,000 sq.%) TOGd?I'IIER with nll right.titte and interest.If any,of the patty orthe first part of.in and to any stye m and nook shutting the altove-kscribcd premises to the center linesthavor-,InGI M11t withthe appurtentutcs and all rheeuate and rightsofthe i pany of the first pat in and in xmid premises:TO HAVE.AND TO HOLD the premises herein granted unto the party of the setvnd pan.the heirs or succrssots and assigns of the party of the s'ecand part forever. AND the party of the first pan covenants that the party or the first part has nix dwe or suffered anything wberchy the said premises have been Incumbacd in any way whutever,except as arimesuid. AND the puny of the first pan.in compliance with Section 13 or the Liar I aw.covenants dim the puny of the first part will fewl%c the consideration for this conveyance and will hold the right to receive such cunsnkmtion ac a trust fund to be appfted first for the purpose of paying the Lust of the improvement and will apply the some tint to the payment of the cost of the impnnvinrnt before using any fun of the total of the same fur say other purpthsc. The word'party"shall he cunarued as if it real"panW whenever the sense of this indenture sit requires. IN WITNESS WHEREOF.the party of the first pan has duly executed this deed the day and year fight above written. IN PaFsmic ev. mg o Diltartol r roline S.Martolo Schedule ADescription Ppe ived Title Number MAR776-S Page ' FEB 0 2 2024 ALL that certain plot,piece or parcel of land with the buildings and improveri.ZMing Board of Appeals 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 point which marks the division line between land now or formally of Half Hollow Nursery Corp.(formerly Rasweiler)at the northeast comer of premises described herein,said point being distant the following four (4)courses and distances from a monument set in the southerly side of lands now or formerly of tong Island Railroad Company where the same is intersected by the Northwest comer of lands now or formerly Half Hollow Nursery Corp. (formerly Rasweiler): I. South 37 degrees 34 minutes 20 seconds East 263.31 feet to a concrete monument 2. North 61 degrees 17 minutes 00 seconds East 95.05 feet to a concrete monument; 3. South 29 degrees 19 minutes 40 seconds East 517.90 feet to a concrete monument; 4. South 17 degrees 48 minutes 40 seconds East 380.64 feet to the true point or place of Beginning. Running THENCE from said Point and Place of Beginning,still along the division line between land now or formerly of Half Hollow Nursery Corp.(formerly Rasweiler)South 17 degrees 48 minutes 40 seconds East 200 feet; RUNNING THENCE South 72 degrees 11 minutes and 20 seconds West along the lands now or formally of Nicola and Caroline DiBartolo 200.00 fact; THENCE North 17 degrees 48 minutes 40 seconds West along the lands now or formerly of Nicola and Caroline DeBartolo 200.00 feet; THENCE North 17 degrees 11 minutes 20 seconds East along the lands now or formerly of Nicola and Caroline DeBartolo 200 feet to the land now or formerly of Half Hollow Nursery Corp.(formeriy Rasweiler)to the true point and place of BEGINNING. I Together with a non-exclusive easement of right-of-way for the purpose of ingress and egress to and from Condor Court to the premises described herein. Said easement of right-of-way is shown as a proposed gravel roadway on a certain map entitled "Map of Property Surveyed for Nicola and Caroline S. DiBartolo at Laurel,Suffolk County,NY".Surveyed on March 28, 1994 and last 9Rtel dad Atilt 1?l jq"W Ro*jr KVboR'hly/P e USEAO1.t,06'1 ostAx7mati LO{YumthwNw. YWfiSYA7INmir. MA[7NYnt76JCMM�TF()Mf -6Wlh7WZ NhlYYGRiSTA7RO.MAY j SmuturNewrYorlc.Countsor Suffolk IMe gtoteofA 9Wytrk,Cmmtyof lea i On the 6 day of October in dw year 2006 On the Jay of in the)%ar before me.the wdcrAgncd. . di before me,the uodemigned.pennolly appeared Nicola DlBartalc andCarolynSaDBnrtolo pwAmWly kaawvo to nm or provad w the on the bask of$A%&euery powmally kncra-a to ate or proved to tree on the bmis of satiddaeuxy evirlcan to ar the mdivldualfsl whose mu Wsh is(arch subwdbedtodw evidence tobe the indhvhal mRA whose noels)is(are)acbac"tuthc within inmrurrrau and acknuwled4ed to trc that hdshdthcy ta=umd within instrument aW aciatowledVA to me ttmt hdshdtlreX eaevraaed the guns in NdkriWr mijaat)66% and tat by hisAerlihek the sorer in his path heir capacttylicIL and that by Wd)huhheir sipnntuclsh on the instrument.the ud AdUal(s).a the patwn upon sih�aturels)en de irwrurnerc de mdhidual(a).or the Penn upon behalf cif which tic' 'v' pumWIM acted.exegopti the insumml. behalf of whleh the individuallm acted.exe cuwd the instrument. ALLAN D.GRE000 WrARY PuaE IC srA7E OF HFW\roan GUA IF-WNBUF MM11ITY RE0. flT56 W CdaaaSB M EXPNSM&21k 2" ACUTARR?CJ►1NFF0W1 FOR USF.1WHIl►MWVORASPA7EO,r/.1} A(Wh7nv7Mr.UFNr POW FvuLCE0UrsmF.Nen'YMKSYA7FO.w.Y: I,VM' n7me"Arhbmd.d kW Gnl/h%Wj frtM.jSnur.r tirrr tkmut A.tmm'fntrwtm Ctn6Srdw1 Stute ofNew York,County or Ism ..........•.............................•.•.......Isu: Www'Ir a%'~wah hlwre.Gwmry.Pnnlmr nr NmrhiWti9') On to day of in the year )afire Inc,the undersigned.px%ormlly appeared On ti me,tte u f b in the yvar nrkrsigned•personally appeared to subscribing witness to the fowguing insuunxm.with wbmn 1 am personally acquaint,who.being by ae duly rwkvL did depose and personally known to rem or pmvtd to me on the basic of salisfaclwy soy that lehilwAhey mklefsl in evidence to be the individual(s)whale raarrh 0)is(are)suhwimd it,to within inmunhcnt and askhnonarlt+ljjecl to ma dim MLduohbcy executed (jfdtrpAk-e-efresfdrr4risinafimh htdedwarmltmdsrrerttumdter, thermminhidfFenVL4ravpocitylres),Ihatbyhidheddeirsigimtwds) if sure.Ihetrfan:dat hdsh ddw%-khwads) on de insrument,the inliv'tduaiisX ur the petsoo upon bekdf of which the ittdviJuagslaaead.exwueddeinwurnen mWthatsuchini ivklual to be the individual dmeribad in and who emuted the foroguing mmie such app. we lerom tha unMnsirmd in the instrumena thn said subscribing whom war+present mad saw Said execuse due same:and dxa-aid wiaesc at the scone time subscribed (tray dw Cin•cw'mhdr)wdiditdsu)ariicisifvt and thr s we arerwmrn•or his/herhleirramt•Is)as a witness d mta. atherFlwte the ex*w1sintgmrnt revs When! 1 Received Itzna:A,>,�s.,.NDF�o FEB 0 2 2024 amu arvzwaxraAo,_•�YVraaw:nra•sAl ac 7YriENa Dts7x(c.T 1000 Sf noN 127 Appeals Nicola D1Bartolo&Caroline S.DiBartolo HLCW t 3 Zoning Board of I=6.5 CrnrrtYt*Tnwa Southold TO Joseph A.Gebbia&Teresa M.Dunn RECWWOArREQU93TOF Mel ty National Th k Insurance(;mparay Rr.-rUnveYsuicm FIDELITY NATIONAL TITI.F. Joshua Pruzanskv,Esq. ddML 11%R1111ANCIi COMPANY P.O.Box 902 N,n,nwrur Ilex East Setauket,N.Y. 11733 t ajy�.rra:�A.Fidelity W O qG O W a�p li i i W F s p TYPE RMLY WHEN WRITING ON OiL - - - - - INSTRUCTIONS.hopl/www-ogw.stete.ny.us or PHONE(518)473.7222 FOR COUNTY USE ONLY REAL PROPERTY TRA�R REPO,5 �U� cl.am Coda r'-/ 7, , o r p� r+eiv (� rl STATE OF NEW YORa e a.OM DNd Mwrded A / D STATE MDAM OF IAL A101"IY R6WMQ a.Bert I /. A?y,7..yI Pegr RP -175217 FEB U 2 2024 FpoPERTY WFORtWl740N I Zonin 1.toc I us I undo Court __ __gj Board Of Appeals Laurel, NY 11948 omr L now bia Joee h A. Now r I Dunn I Teresa M. I -..r rrar rw-.r-v. Tier w-.a LTaa M T tndaw.drwfWr■roaianahcare Joe; h Gobble 6 Teresa M. Du mm it odrrthan brow.dAow Gt bogarr of Perm)I -aa P i r.,.. Add-aa 1 475 Condor Court 1 Laurel IN Y 1 11948 �9 l YidwBra b eaebw of Ammumrot I 1 I CO*P Pat of a Fraag{grad m"my aPP4r. R ra ot py trandwrad ao the dwd P d Pwplo OR ❑Pan d Pared k rwaft Bard wkh&6*Aion AWvey Edb ❑ Dowdnly 41Lah*adpnADPo FawVod for Tmmbr ❑ 0.pmpr`7 1 I X 1 I OR I 1 .c Parpal Appra.ad Iw Srbdlvb m wlb Nip FmvWd ❑ RIM awn rur Saar I DiBartolo I Nicolo I ta.ow r�r rrnr DIZartolo 1 Caroline 1 —� rrrrrav 7.C1reb tba tan tralaw wNdr mr.t amw.OdF dtawla 1M uaa d 1!w prapaty d ere Nmra of ale Qaab Oe bma kdow ne Owy mpMr L Cwnarthp Typo b Cwdmnbaeon ❑ A Om Fan*RrddmWml E Awkutad 1 county 8rvla L Nwv Corraaractlorr on Vamm lad ❑ B 2 or 2 Family Retida.6a" F Cmr.-wrdr J b du,ofat "A,PMPHW►ao+ad rI m Altkrtanal DWM ❑ C Rridww Vaurd lwrd G Apwmrnt K PubBc So t o ga.as M rec"a dadawua modal ❑ U NonAwidwrW Varae land N Fnartainmam IAmaamaw L Faow liar dw PopwM M n an Apdaamrd glaotrs SALE INFORMA7100d 11 ant era w moa d om owr-0, •old r4 brw-dw: 11.Salo Contrad Data I 09 / 1S / 20061 A Sda Swtraan Ralw"vca or Pamw Rddvn —li n n"�6—'► —va' B Sala Bctwawr Rormd conwwim or Pam%"In euaben C om of dw Suvea Y dw a Fwuw 1L Dar of edo/Trw-dw 1 10 / 06 / 06 I 1) 6urar or Sdbr■Govemnm a AgwW or LmWk*bwtotwn whom DIN Yaw E Dad rfm nat wormay or tl.galn and S.la ISpe"Saint" F Saia of FrodiorW or Low dwn Fw Iratarer-dkmdfF R 1, 1 G Siprdowrt Change In F oparty tlotrrran Twotle SWm alyd Salo On 11 PUS ar.MIS I ;9 .5 �' O . O 1 11 Sal.of B-abra�Y b dd.d In Sala Pda (alai"Salo Pia iB dw tow"arrruw paid for On prrpwty irdxd4ag paaacd PMP•t►. I CBW UmmW Fattaa MOM Salo Prig lSpaw7 oud 7 @l 7W peyrare mm be In du farm of amk odwr d,or"aa PoPeR7 or PawWW=o" J Nar mwrwpa w odwr otrepw w&1 Mmw ror..f In dw nrwrt who' deawNrAm 1a,rdlaoauwmftofp.aarw 1 L .-0 . 01 IroPw,lalo"on 00 aalo ASSESSMENT INFORMATION-Ow ahouW repast the kW Fbrel Amman e a Rog mW Tea BIB IL Vow of Aaawnwd Rog Saar I 1 17.Tatd Award VWW(d dl pwai to DrtNrl ddm d.rtrrd tor td= 1S.Mpwq am I-I--I a Bard rmla aanr L 12 1i1 C - 1 SL Ta Mw hk dFmW f PAR tdwarmM A■rww tin err.rueh drat dlb addldcrd IdarrtlarW" I 1000-127-3-6.5 I I I 1 I I I CERTiFMT10N tbat d or tie ftqC0rjnftmVw mand oa lbb bra ar teas ad a nM lla the bud or my traowkdw red kWn Ed l udn%MW err do shl* d of Ib Ahl M WE whjwt me to the EM! Ira e rat Yw ridn so Ow mRUq mod of ra Mhm m ER'B femmsla -��/f`j/� BUT ATTORNEY Pruzaneky Joshua M. auaa rw wrrnrw wrrrr.rw 475 Condor Ct. 631 1 751-3119 1 e11�r wFla raasIMMWIraawl nwwcam mLwae 1400a Laurel 1 NY 1 11949 ereanw. araa s� [NEW YORK STATE COPY io 6 erase a TOWN OF SOUTHOLD �oSU�fol,�coGy ran BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS' UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 49350 Date: 6/8/2023 Permission is hereby granted to: Gebbia, Joseph 475 Condor Ct Laurel, NY 11948 To: Electric - upgrade wiring At premises located at: 575 Condor Ct, Laurel SCTM # 473889 Sec/Block/Lot# 127:3-6.4 Pursuant to application dated 6/8/2023 and approved by the Building Inspector. To expire on 12/712024. Fees: ELECTRIC $150.00 Total: $150.00 Building Inspector _ FORM NO. 4 e(;, el TOWN OF SOUTHOLD BUILDING DEPARTMENT FEB 0 2 2024 Office of the Building Inspector Town Hall Zoning Board of Appear Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-31807 Date: 09/13/06 THIS CERTIFIES that the building ADDITIONS/ALTERATIONS Location of Property: 2146 MAIN RD LAUREL (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 127 Block 3 Lot 6.5 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 5, 2002 pursuant to which Building Permit No. 28462-Z dated DUNE 14, 2002 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ALTERATIONS & ADDITIONS INCLUDING ONE CAR GARAGE, COVERED PORCH WITH SECOND FLOOR DECK AND CONCRETE WALK TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. THIS CERTIFICATE CORRECTS COZ-29495 ISSUED 6/4/3. The certificate is issued to NICOLO & CAROLINE S DIBARTOLO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 113001 01/25 03 PLUMBERS CERTIFICATION DATED 06 02/03 MARTINO PLUMB.& HEATING f //thrzecySignature Rev. 1/81 ' FORM NO. 4 TOWN OF SOUTHOLD Received BUILDING DEPARTMENT Office of the Building Inspector FEB 0 2 2024 Town Hall Southold, N.Y. Zoning Board of Appeals CERTIFICATE OF OCCUPANCY No: Z-29495 Date: 06 04 03 THIS CERTIFIES that the building ADDITIONS/ALTERATIONS Location of Property: 2146 MAIN RD LAUREL (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 127 Block 3 Lot 6.2 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 5, 2002 pursuant to which Building Permit No. 28462-Z dated JUKE 14, 2002 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is SECOND FLOOR ADDITIONS & ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to NICOLO & CAROLINE DIBARTOLO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 113001 01/25/03 PLUMBERS CERTIFICATION DATED 06 02 03 MARTINO PLUMB.& HEATING or' ed &J&ature Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-33301 Date: 09/26/08 THIS CERTIFIES that the building ACCESSORY Location of Property: 2146 MAIN RD LAUREL (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No. 473889 Section 127 Block 3 Lot 6.5 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 28, 2008 pursuant to which Building Permit No. 33717-Z dated FEBRUARY 29, 2008 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY IN GROUND SWIMMING POOL WITH FENCE TO CODE AS APPLIED FOR. The certificate is issued to JOSEPH A GEBBIA & ANO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 8395 04/12/08 PLUMBERS CERTIFICATION DATED N/A �Ath®rized�ffign�ature�� Rev. 1/81 APPEALS BOARD MEMBERS ��SUFFO��I'`,� EEB 04 2024 �O G Southold Town Hall Lydia A.Tortora,Chairwoman o y� ning Board of App9_3ft5 Main Road Gerard P.Goehringer H 2 P.O. Box 1179 George Horning Southold,New York 11971-0959 Ruth D. Oliva 'y�► O� ZBA Fax(631)765-9064 Vincent Orlando Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD JT'.`' a FINDINGS, DELIBERATIONS AND DETERMINATION OCT 17 2003�301` - _ MEETING OF OCTOBER 9, 2003 n� Appl. No. 5254- Nicolo and Caroline DiBartolo %Uf old 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.213 and 100-31 B, 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. ii Page 2—October 9,2003 l O` Appl.No.5254—N.and C.DiBartolo Received at Laurel FEB 0 2 2024 Zoning Board of Appeals 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 F;pc_eived Appl.No.5254—N.and C.DiBartolo 127-3-6.2 at Laurel FEB 0 2 2024 Zoning Board of Appeals 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 l include use of the property and buildings for any other use or purpose. I 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. TortorVdting Chairwoman 10//6" /03 Approved for Firing APPLICANT'S PROJECT DESCRIPTION Received APPLICANT:_ DATE PREPARED: Not applicable) FEB 0 2 2024 1.For Demolition of Existing Building Areas Zoning Board of Appeals Please describe areas being removed: none II.New Construction Areas(New Dwelling or New Additions/Extensions): n/a Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes)(Attach extra sheet if necessary).Please describe building areas:n/a Number of Floors and General Characteristics BEFORE Alterations: IV.Number of Floors and Changes WITH Alterations:_n/a V. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: VI. Purpose of New Construction: VII. Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 Receive, FEB 0 2 2024 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Zoning Board of Appeals A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? yes D. 2.)Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? NO 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? 5.) Please confirm status of your inquiry or application with the Trustees: not applicable and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? NONE Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe:_ G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? YES If yes,please label the proximity of your lands on your survey. CONTIGUOUS I. Please list present use or operations conducted at this parcel House and pool on one acre arns on 15 acres and the proposed use same (ex: existing single amily, osed: same with garage,pool or other) 6 uthori signature and Date APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNERS AGENT) The Town of Southolds Code of Ethics prohibits conflicts of interest on the part of Town officers and employees.The purpose of this form is to provide information,which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: GEBBIA,JOSEPH A.,DUNN,TERESA M.AND MOORE,PATRICIA C. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the D other person or company name.) R@CAI!/@d NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance X FEB ®2 2024 Special Exception If Other, Zoning Board of Appeals name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees Do you personally,(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?Relationship includes by blood,marriage, or business interest. A business interest means a business,including a partnership,in which the Town officer or employee has even a partial ownership of(or employment by) a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself(the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day of Signatu Jos ' ebbia Dunn Patricia C.Moore r APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNERS AGENT) The Town of Southolds Code of Ethics prohibits conflicts of interest on the part of Town officers and employees.The purpose of this form is to provide information,which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: GEBBIA,JOSEPH A.AND MOORE,PATRICIA C. Q (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the �e�e* ed other person or company name.) NATURE OF APPLICATION:(Check all that apply.) FEB 0 2 20Z4 Tax Grievance Variance X goard of Appeals Special Exception Zoning If Other, name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees Do you personally,(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?Relationship includes by blood,marriage, or business interest. A business interest means a business,including a partnership,in which the Town officer or employee has even a partial ownership of(or employment by)a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO_X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself(the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day of Sign ture• 4Josep A. eb a P cia C.Moore Board of Zoning Appeals Application Received AUTHORIZATION FEB 0 2 2024 (Where the Applicant is not the Owner) Zoning Board of Appeal I,Joseph A. Gebbia residing at 475 Condor Court,Laurel,NY 11948 do hereby authorize Patricia C.Moore to apply for variance(s)on my behalf from theSouthold Zoning Board of Appeals. os ebbia Swq rn to before me this IN'-" dayof_j)CCe"6N 2023 &A S- r Notary Public vi_E E 5 DEFR KYLEE S DEFRESE r.07gR ":.1C- OF NEW YORK NOTARY PUBLIC-STATE OF NEW YORK 1DE6420156 No.01 DE6420156 ;;Isd in Suffolk County Qualified in Suffolk County commission Expires 08-02-2025 My Commission Expires 08-02-2025 ' lDc�- Recepived Board of Zoniny,Appeals Application FEB 0 2 2024 Zoning Board of App@ala AUTHORIZATION (Where the Applicant is not the Owner) We,Joseph A. Gebbia and Teresa M. Dunn residing at 475 Condor Court,Laurel,NY 11948 do hereby authorize Patricia C.Moore to apply for variance(s)on our behalf from the Southold Zoning Board of Appeals. ose A. ebbia Teresa M. Dunn Sw rn to before me this lq day of_DeCW 6,l( 2023 I(Aff S. DNLh? Notary Public KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 l�.',j• �£+" .pN�L y ti' �"yy�)`�.• \W ^t .,.� ,K,•µy� �tJ.�" '�ks . • .�, .� .,fey tit '� •� ��►.�' �, it � z Y� \ i O Irk fy„ OP � , •:i" ,�' ' J!il� •) '"' ' %!-'ram 1 4• I �1 •• • � N . �,y. .\• Pr ��; .�.. .�.. ARV'\ h� Fr' lip �•�` ' < S Yr 11door.+ - fh C t.:�tF711F►I: �'u g1111111111!i � � ���C'_ �r-�• 's�` "��^^i�•: ^t:�;NllllElt'' :u•nnum _ ' As ���i rr+ >ir• �- �u��*^ ,fit �,�1 =� t� �, I' r,�hn y=: . •, t .I/ •� r I I • • r , n�� • . t• 1 I' • • Ir, � I41 • •, 1.• ti r ♦ • • 4 � f � ./ ..� • � ham' •�I'. •• I y' r ' 1, • . jr WOO W— Ale PA Pilo a le 4.6 40 ol � ' ."' '� Sit �r� • 'C •��/ 10 '� �►. , /t / '+IMF lot ; ' .• 1' �'%.� . i• ate-'��• ` � •• • � ♦ _ •;�� - r"- -pw - ram'• . . - IP aft I'M Received ARICULTURAL DATA STATEMENT FEB 0 2 2024 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Zoning Board of Appeals WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Joe Gebbia and Theresa Dunn 2. Address of Applicant: 475 Candor Court 3. Name of Land Owner(if other than Applicant): same 4. Address of Land Owner:—same_ 5. Description of Proposed Project: Lot recognition/alternative area variance 6. Location of Property: (road and Tax map number)_ 127-3-6.4& 6.5 7. Is the parcel within 500 feet of a farm operation? {X } Yes {} No 8. Is this parcel actively farmed? {X } Yes {} No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. I o-7- '9, ,Q , 3. T� (Please use the f this page if there are additional property owners) 1 Z / 1 / 23 Si atur pp icant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the over all review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. R -,eived 617.20 FEB 0 2 20A Appendix B eala Short Environmental Assessment Form Zoning Board of App Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information (i Name of Action or Project: Project Location(describe,and attach a location map): Brief Description of Proposed Action: MA!t,, LA C Yk�by /I -- /000�'lZ�-- 6-2 Name of Applicant or Sponsor: Q Telephone: 5-1 C Li�CTr ?JZe D� Uht� E-Mail: ;-t�v✓in SSA VYl Ad/res: k 75 6a-4&e Cz--V - City/PO:FF __ � ,n, dh State: Zip Code: ' "7 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that �[ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? G o_acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial residential(suburban) ❑Forest Agriculture ❑Aquatic El Other(specify): ❑Parkland Page 1 of 4 Received ���- 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? FEB 0 2 2024 X b.Consistent with the adopted comprehensive plan? X, 6. Is the proposed action consistent with the predominant character o e xis Mg"in crr"Mew NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES x b.Are public transportation service(s)available at or near the site of the proposed action? ry c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? �( 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: �'^ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water:_ X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: x, 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X. b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody?If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: X 14. Identify the typical habitat types that occur ,or are likely to be found on the project site. Check all that apply: O.Shoreline ❑Forest 0 Agricultural/grasslands ❑Early mid-successional Ur Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? EKNO❑YES X b.Will storm water discharges be directed to established conveyance systems(ru�nooand storm drains)? If Yes,briefly describe: Fd NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in f NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: F��-224 Y, 19.Has the site of the proposed action or an adjoining property been the location o an active or close NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 -Received No,or Moderate FEB 0 2 2024 small to large impact impact ZoningBoard of A eal3 y y may may Pp occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 ' ' . Town of Southold Received LWRP CONSISTENCY ASSESSMENT FORM FEB 0 2 2024 A. INSTRUCTIONS Zoning Board of App 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination- that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION L SCTM# r�? /� �-2 - J - �-;Z 91 • 3 (c-O� �C��y h f 176�) The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital 0 construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: Q Grid 45a4 A01-46. ddi, - l w" J A 4 1W 0 's 1 I'd 'M )Oa�- Location of action: 1-05 'Q 2,d6/ 6� ( al&4a II ;CPV 07,1 �7 S Site acreage: /(P . - Received Present land use: ,0VO'C' a 1,k 44e,'16. � 2024 Present zoning classification: - Zoning Board of Appeals 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: '--t-(a) Name of applicant: T Oe. ,2, GLIn� (?e ►-��,ut aAACII /(b) Mailing address: �/o 7.5— c -5 77al0-K 6::t /1� Zak (c) Telephone number:Area Code( ) .7 6 9-0 ' 3S� (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No® If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III-Policies;Page 2 for evaluation criteria. ®Yes ❑ No ❑ Not Applicable Ma I 0�s fj Or 4/ Attach allditional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria i Yes ❑ No ❑ Not Applicable d 's Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ® Yes 0 No © Not Applicable Received At?) FFR 0 2-2024 ZonlnQ Rnarrl of Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ® Yes 0 No E3 Not Applicable 40 C � aad,,& kya aazetZ n Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria E] Yes El No X Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. 0 Yes [1]No Not Applicable Ppoeived Attach additional sheets if necessary Zornrlg Board of APpealS Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No'P Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies;Pages 34 through 38 for evaluation criteria. ❑Yes ❑ No TA Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III-Policies; Pages 38 through 46 for evaluation criteria. n I] Yet-l No�Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III-Policies;Pages 47 through 56 for evaluation criteria. ❑Yes 0 No K Not Applicable cap elved E ER 0 2 2024 Zliahinn R AW of Appea a Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies;Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No� Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. Yes ❑ No❑ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies;Pages 65 through 68 for evaluation criteria. Yes ❑ No Not Applicable Created on 512510511:20 AM TOWN OF SOUTHOLD PROPERTY RECORDd WN STREET : VILLAGE DIST. SUB. LOT OWNER . j c.� "n. ! ! y N " -1_ FORMER-OWNER E' \ ACR. r ! S �(\/ TYPE OF BUILDING ��� Y� l�.c t,. { s( ��; •I >>lt't-t ��E( .ta�� L.' �_' �RES. .,,� � SEAS. VL. FARM -,_ COMM.. CB. . MICS. Mkt. Value IMP. TOTAL DATE•- •- REMARKS - (JioCY7t[n,E`�`d r.�J �i�J�7('�c7�C? = v,I,r t -;f .'7 . I l , ire 1�P r �8��a — Q�ira] ir�l�S /c t P��✓ f ,�l�;�as. r�. . i ; IL),q , Z Ii'[z.:7h` �i�'.' s �: b:: 1s�r ` .Crt �` 47 �FCrA 1 '� 7�: l ,t_::c,; '> ® —(_ jjr_;�tG�.9 1�ICf-�' �i k'Si 10(c� U7] 1 (/ �DIEI Oon 2�Iq/7�a 41- 3 f,cv j f ? I -�L.12. ,,, ; �,�1 ��'. f,�rv�r . ,l ,, ,A 1, 1 \\ i r� 2�a �0;-1oa `sl((l vl ( --= 7L/.n. - , � li , ta.�`�� .12..(�0�. toj(o�22e (n. °fag 6 337n if)qwt�d � r AGE BUILDING CONDITION c o.. NEW NORMAL BELOW ABOVE FARM Acre Ve6e--'Per- Value 2 ct Tillable FRONTAGE,OWWATER ° �. .�. y, .��' FRONTAGE ON ROAD Woodland.. �. c •e : Meadplar}c1 DEPTH N House Plot : . . BULKHEAD.. . . Total r'. i DOCK s s• ;r f ` 0M00 �0MENEM 0 MEMO ram[, el M G�. + ,, j , ( 0■00t„ MEN moll®�0®��®®sM0MEE0®ME r: MEN 00NEON O0Ou 00M00000 s�MMMMEN M®M MEN No MEMO mom MEN MEN SEEN MMM �MMMMMMMMM 00000 hM�MSMEa�®��®0000®�OM®®®�� No No— IN -�M00E00® ' -� ° ` ; •-_ ._ �'' - _ ■�■■■■ail■■■■■■■■■■■■■■■■■■■■ . ' ,a, '•yea 1.:..r T" ��,' ' ■■■■■■�■■e■■■■■■■■■■■■■■■■■ j K Y Iva • v0�� oils■I■©1�===■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■ • • Basement ,FcU,,L"'L PARTIAL • •: SLAB •• ®� • Ext. Walls - �« Interior • Fire Place ONE • n fWoodstove WIN 0 -- - ------ -- - - - -- --- --- ---- - - -- --- ---- --- --- - ---- TOWN -OF SOUTHOLD PROPERTY,-RECORD CARD i/9/a9 f OWNER STREET ZJ J (o VILLAGE DIST. SUB. LOT FORMER OWNER' N E S / ACR.� /, 0. CD 5 Hra S Wes^. TYPE OF BUILDING �;5 m o- ~°l'��i r'•� Imo'- �(1�(d J i l;�c f"ID'� fi .'' f,=:�'f?.ff k�� e:_{_r WI P', KES. . / �� '�75EAS.�U rz��� yn VL. - FARM / COMM. CB. MICS. Mkt. Value cc _ LAND IMP. TOTAL DATE REMARKS l L) i` rJ,V� Vrr�irc �� / �r� �-�� ��,C�f;710 in 40 (-3P 0(-,D i 20 o l oCo �o00 Tillable �"� q —f=gym- FRONTAGE ON WATER {- Woodland �' �`0 FRONTAGE ON ROAD MeadowkmW DEPTH- House Plot 0 C)b BULKHEAD Total L a Wit; ' ■■■■ ■■■■■■■ ■■ ■■■■■■■■■■■■■ — — — ■E:�■Gi■■■■■■■■■■■■�N■■N will - mill■ ■■■■■■■■■■■■■■ NOON■■ ' - - � OEM ON ■ ! ■■■■■■■■■■■■■■■■■■■■N■■N : _ ■■■■�' ■■■■■■i■si■NONN■■■■■■■■■■ �v. ■�■■■■■■■NIl��I■■■■I�■_■■■■■■■■NONE ■■■ 11111110 ■e��.�o���l■.-■■■■■■N■■■■ �. , . - • O■■E■■■■®ir■■ri��■■■■■ NOON■■ r ► ■ ■■■■■■■■■m.■.■Ifi mMmm■■m■■■N■■ CMEMO■■■■■■■■■■■■■■■■■■■■■■■■■ ® _ � Interior Finis ' OWN O� SOUTH • . . - OLD .��OPER`�'Y�. REC. OWNER STREET VILLAGE .DISTRICT SUB; . .LOT.:..: .. .': . . .: . y . Fuca dc. . . i FORMER OWNER N J / E .4. �-. ACREAGE S (/� , W`y/ Is . TYPE OF BUILDING' RES: SEAS. VL. FARM COMM. / IND. CB. MISC., : Est: Mkt..Value I LAND. IMP. TOTAL DATE REMARKS v, d o AGE BUILDING CONDITION . .. NEVI' NORMAL BELOW ABOVE FRONTAGE ON WATER Farm . Acre Value Per Acre Value FRONTAGE ON ROAD , loble 1 BULKHEAD . . 'iiilable. 2 DOCK i Tillable,' 3, Woodland' Swampland Brushland House-.Plot' Total •. • r i . . . . . . . : . ; �t 1t-,tic�me'3 ,�3-b. co, m. _ i �., LLJ o . 'CL rn ' - c,. �. N. I: j. . - . . : .. ' I I j. f M. Bldg..-.":. _ -3 =' �' o Foundation ( . . . . . Eofli ✓2 �::-.. =..- . 'A m l.Exterisivn� .3'`0�4 � �y Basement Floors. ctension: Ext::Walls > ' lnterior,'`Finish Extension. Fire. Place ( Heat T Roof.Type P rFh i J Porch. Rooms 1st Floor. h �.;Breezewa Y I� = 6oms,2nd Floor - . . . atio . .. .. . ... .... . j . .. Gordge. ri4eway`. Dormer i 0. B: ,� ; ZBA CHECK FEES 2024 Funding Account - B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 2/2/2024 Gebbia,Joseph #7aG2,k3 $1,250.00 4266 2/2/2024 2/2/2024 Lauretti,John 7903 $750.00 132 2/2/2024 2/2/2024 Lauretti,John 7903 $500.00 134 2/2/2024 2/2/2024 Perl,'Richard 7901 $750.00 310 2/2/2024 2/2/2024 Perl, Richard 7901 $1,000.00 316 2/2/2024 2/2/2024 Pine West LLC 7904 $750.00 140 2/2/2024 $5,000.00 RECEIVED F E B e 5 2024 Southold Town Clerk Town of Southold P.O Bo)f1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/05/24 Receipt#: 322321 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7901 $1,750.00 1 ZBA Application Fees 7902 $1,250.00 1 ZBA Application Fees 7903 $1,250.00 1 ZBA Application Fees 7904 $750.00 Total Paid: $5,000.00 Notes: Payment Type Amount Paid By CK#4266 $1,250.00 Dr. Joseph A Gebbia & Dr. Teresa Dunn CK#140 $750.00 Jeffrey Sand Architect CK#132 $750.00 John Lauretti CK#134 $500.00 John Lauretti CK#310 $750.00 Ped, Stephanie R. & Richard J. CK#316 $1,000.00 Perl, Stephanie R. & Richard J. Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Pine West, LLC 5445 Great Peconic Bay Blvd Laurel, NY 11948 Clerk ID: JENNIFER Internal ID:7904 BOARD MEMBERS ��OF SUUT Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road-P.O. Box 1179 .� .� Southold,NY 11971-0959 Patricia Acampora CAT Office Location: Eric Dantes �pQ Town Annex/First Floor, Robert Lehnert, Jr. D�,f. 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 2, 2024 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, MAY 2. 2024: 10:30 A.M. - JOSEPH A. GEBBIA AND TERESA M. DUNN #7902 - Request for Variances from Article II, Section 280-9A(1); Article III, Section 280-14; and the Building Inspector's December 27, 2023, Amended January 12, 2024, Notice of Disapproval based on an application for lot recognition and to legalize a lot created prior to June 30, 1983 at; 1) lot does not conform to Bulk Schedule AA; 2) lot is less the code required'minimum lot size of 80,000 square feet; 3) lot is less than the required lot depth of 250 feet; 4) lot is less than the required lot width of 175 feet; located at 2146 Route 25 and 475 Condor Court, Laurel, NY. SCTM No. 1000-127-3-6.4 and 1000-127-3-6.5. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals (ZBA)\Board Actions\Pending. Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email: kimf@southoldtownny.gov. Dated: April 18, 2024 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 9�j ?i Town Hall Annex, 54375 NYS Route 25 ry j �� P.O.Box 1179 H � Southold, New York 11971-0959 N fig.. r Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: April 1, 2024 RE: INSTRUCTIONS FOR PUBLIC HEARING Dear Applicant; The May 2, 2024 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing(Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. Below,N 1`ease see�'iristructioris re :ii-6,,10'prepare>f©r rythe.;ZB'As:;public;hearu g which includes: ;-S r �l �4 . . .:.'x PLEA REA D,�CAREFITaI,LY.. .., 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing,to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages.Posting should be done no later than April 25,2024.To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law, your scheduled hearing will be adiourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by April 25, 2024, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your Property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. MAILING INSTRUCTIONS: Please send by iJSPS::Certifed''1VIai1ReturnRec ii the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We r' Instructions for ZBA Public Hear Page 2 ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by April 15,2024. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimf@southoldtownny.gov.or elizabeth.sakarellos gtown.southold.nyus c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblifik/Browse.aspx?dbid=0. d. Survey or Site Plan depicting "as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthoid>Assessors>Assessment Books/Tax Rolls> https://southoldtownny.gov/DocumentCenterNiew/9694/TentativeRo112023 IMP�OaRTAeNT aINSTRUCTIO.NS: ' 'a *. .t+,�-y-�Y ��il Scan and em�ad the ITPSPS mailing receipts,;.;green:signaltu,re'xcards and affidavits to k; , kim�f' southoldtownn4 0 ; and.** PR®:MgPT'LY iaTS°PS MYA�IaL tlie�0.`ruky ALS to the `Tkow�n of Southold; ZBA;;P:O: Box1�17,9; Southold;.NY��1�1<971;: �WMIPY''p: >`''' Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant Aaserfiche Instructions' for Zoning Board of Appeals Records 1 1 1 q ce3 ►�d,t w Do i.. it -2 POP fzis •7+`)-�.�%' R+YS�r_/5(/� � -'•�'CiT/:4''/.� '�L�•� 'I''�_,y"A'i kxY`!YAi tc [/���1 .. � •� a[ ®Y 7J'.' � }'z' ✓"O�. ��.iiii,' u`r t� ,% v+C .a-..1 ,'?:� P: '�';5.: %' '✓1, l,f. .:/. . :,.4 niA. , .,:i'a•. .} ''rH. I.Y.." t " 'i iVo�tA'df '' MtPs..: %$;/'adcad�'k`^ 'de:TownC4ito=.. "Onliu�,Pamnents - ':TaivdRtionisr .; _;>�Focmc. ;'.', �,?; , ;K/�,• ."'7:. ` - �`�'"_�,," `'u.. _ `,�. `r:r^�F.=;cr,-'r%:-EW1y�Y5ruv bi!'.i '�`ts.`•eEiKstlt.atrfficfte`,..,,1F .ai�.tip�X,.: /. ':,-`.' ..,,t' s}Ri to tc�ene r t:");.' '.' ':�c.^ibi n w i .• 1•,o-;�s, r`:nntiiien' / 7.. •y.�..:ii:`"�r" �....:� - �,r.f--',`. - fisitiiv' Above: Homepage, Click on Link"Town Records"Weblink/Laserfiche Laserfche Webbnk •�'t'�eour< -°� �•nn :.g.+a�r t+cme Browse seartn fownOf5ou Wd TownOfSouthald Name Page count THnPlatR llanlR Town aer Entry Prapemes Town�i5toran Path •rustee> Loning Board of npoe215 CLvV Creation date :i52Cta t:SLt`s... Pag_Lot: ;.it a - 29E,Iuis Last modified 2 Mewdata Above: -The second of two pages you will find "Zoning Board of Appeals(ZBA)" in the list of Town of Southold Departments. Click the Zoning Board of Appeals (ZBA)folder/link. t t Laserfiche Instructions ZBA Files Page 2 Laserfkhe Webtdnk Home Browse Search ;—Ura &JtWd Zoning Board bf Appeals(ZBA) Name Page count TMPLTTte name Zoning Board ofAppeals ... (ZBA) j Alphabetical Index Entry Propertles .-.Board Actions e j taserfiche Search Guides Path Meeting Schedules �Chl "�Out7:01iItZoll�M„BCar. of Appeals fZtL') _MinuresfAgendas7Legal,DloticestHeanngs Creation date Pending 7/10e?0O'12:'l:'G P:i q_I Rep.- Last modified Special Event Permits 5232Ct7 E -AM, al Tralmng Requirements ZBA officla's z McUddfd ^,ZBA Policies 1 Eaceotlons List Code 290-IOC(3) t jurisdiction Usting ZBA Bookof!dapped 1l 77 Existing Lots i 39 oceduce&Resuhs I 5 Agreements.Cant,.M&Leases :an/nmhlJRcP_�meer?Vvs2J I,Bulk Schedules :a Entries Pag=4 CI t Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions..Click on "Board Actions"folder to open. Laserfkhe WehLink N0(r(e Browse Searrh pt+,real:.4C41 Board Actions , vane ge count r—plate name Board Actions 1957-1979 cncry Pmpemrs ' '980-1995 Path 2000 Torn'OlS::�tl Allt2_!:tiCC Mi r:;:Pt•z (:F.Ai.Sc.s,:.^,:c:r[- 200, Creation date 2002 L. 2003 Last modif ied 2a0-1 3i2t'201 i S l 36:07 AA I 2005 L Metadata 2006 2017 '.7 rneraCara as,fined ' -2cB9 ._._..__.._._........._...I 2010 &RcuW irthtpsp-:mnaeatlsr:2 "201, 2012 2013 ";2011 2015 2016 20t7 ...�Pending .. -wN_flLh•nG�Orrvh�IN:uue-t:Mvi�U[e:s G„-� .-i� f �. _.�i__ Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". Laserfiche Instructions ZBA Files Page 3 2017 —h R"7 —d Kvma ­d—.1 scare amens —modified A 70;6 a,- .0 70, 70 —d 4 m,e Sa a.-Ka—, Sa a..d Kvma —d 1-1 ..d- 335 73 —,d soar, Id 1-1x Above: See listed File Numbers. Click on file you are searching. cashel Above: in addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. Laserfiche Web Link Home Browse search Seal. Yo, oy* Relevance Records Management Se0rGr1 J j 7016 B.arl ACJon5-83 pdles) Feltl name Page taunt 83 Template name:Board Actions 3 Cohn and Kristen Cashel>RODCRTJ LOCATION:162­r Shingle-fillrlsne- Reset .,o �7,,6_Cashel S CT,,,',,,"oo-,-"minim",11110VII 11 I'm'- 5_ 19.2o17=7016.CashelSCTN1No.1000-9-26GFLANT,he variance,as... Search;emis IS—COLIN&-LIIST=N CASHEL SECTION 009 BLOC Thomas Ahlg,en(Cjsh,;).PO Box 342 Rsners Island NY Show more information... 7018 page:5; Page count:56 Template name:Board Actions 9:30 A.M.-COLIN CASHEL AND Varian—under arocie Id.SeMon ANN... 43—ame(s)KRISTEN CASHEL97016 Recuesl proposed trellis located-n othe,tha Show-riort, Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111--l-1. v Laserfiche Instructions ZBA Files Page 4 Laserfiche WebUnk ti,!r nr.m wy r Home Browse Search --jorseimcdd>ZOnmg Board of Aovea15 iZBAI•MmutevAgendas/Legal NoticesfHearings Minutes/Agendas/Legal Name Page count Template name ' Notices/Hearings 1957-t979 A Entry Properties 1980.1999 'n 200D 2009 Path �I 2010 To.r,OlSun oid1ZonAq Board of.Appeals 2011 , (Zt),NjWnutes!Agendas:.eg31 -�2012 Noticc lIeanflgs Creation date 2013 71':u2001:.37:r?P\I ,^2014 Last modified ^2015 2016 metaddra Z017 I Ent, Nomeradara ass tined Page'of I Above: Also, Minutes,Agendas, and Hearing Transcripts can be viewed. LaserficheWebLlnk � � ti1'Jw-:bUn4' leln -,>M�r Home Browse Search "ownOfSouthold=Zoning Board cf Appea6123A1•hhnutes:?gendaalegal Nobces!Hearing;•2017 vame sage caurr Template name 2017 ZBA-01'0512017 , Entry Properties ,>Z3A-01:0512017 Agenda Path z 7aA.01;0512017 Hearing 40 ')wrO'S.:l:"�11r,�•�r•1'.0�0111 3 •)1°GOLa1$ ,-ZSA-01;05!2017-N ZBA-01119!2017 2 73A-01n92017 Agenda - Creation date 7 _",;201 g_,"-' R1 ZBA-021021201'1 Last modified ZBA-02!02!Z017 Agenda a o ✓i�'14v=.�-,-1 ZBA-021022017 Nearing a5 2 Metdddta ZB.A-02M.'2017_N 3 ZBA-02116R017 Agenda 3 VO m2fJddid r�;�kre!i s,23A-070620175pecal 3 ---- Z3A-0310212017 7 _edure&Results Mheahhlpap:unearaUser2; Z3A-03102!2017 Agenda a _---- _------ Z3A-0310 2120 1 7 ya.,InB 65 -�ZBA-03102.1201I_N 3 - Z3A.0311612017 Agenda - Z3A-03;1612017 5peaa1 3 Z3A-0a1061201 7 5 -m Z3A-O4!06t2O17 Agenda J Z3A-0a10612017 Hearing '15 Above: Agendas, Minutes and Transcripts are in chronological order. 1+I U" TIG-It UF - The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBINAR - Follow pink - httpm.//Sout-holdtownny.gov/calendar.aspx FAME GEBBIA, JOSEPH # 7902 jCTM # : I 000= 1 27=3=6m4 & 6m5 -\Y'ARIANCE : LOT RECOGNITION & TO LEGALIZE ONE LOT [ ek' EQUESTmE LOT CREATED PRIOR TO DUNE 30, 1983 & LOT SIZE, DEPTH & WIDTH U,AT E THURS. , MAY2 , 2024 10m30AM You may review the file(s) on the town's website under Town RecordslWeblink: ?BA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 Westermann, Donna From: Westermann, Donna Sent: Wednesday, March 27, 2024 8:23 AM To: Michaelis,Jessica;Westermann, Caitlin Cc: Fuentes, Kim Subject: Gebbia ZBA#7902 Good morning, We have been informed by the agent for the Gebbia ZBA application that they will be moving to the June 6, 2024 public hearing calendar. Original request for comments was sent to your office (Planning Board) on February 2, 2024. Thank you, Donna D006KA WeStervw.Aww ZDKI,V60 Board of AppeAls ToWK,of southoLd Southold, NY 11Jy-I (r'VaQ 7-65-12099 1 LEGAL NOTICE SCr )OLD TOWN ZONING BOARD OF APPEALS YHURSDAY,JUNE 6,2024 at 10:00 AM � �— PUBLIC HEARINGS NOTICE IS HEREBY GIVEN,pursuant to Section 267 of the Town Law and Town Code Chapter 280(Zoning),Town of Southold,the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall,53095 Main Road,Southold,New York 11971-0959,on THURSDAY,JUNE 6.2024: The public may ALSO have access to view,listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10:00 A.M.-RICHARD FISHER#7905-Request for Variances from Article III,Section 280-15;Article XXIII,Section 280-124;and the Building Inspector's January 25,2024 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and to construct an accessory in-ground swimming pool;1)located less than the code required minimum rear yard setback of 35 feet;2)swimming pool is located in other than the code permitted rear yard;located at:295 Youngs Road,Orient,NY. SCTM No. 1000-18-1-12. 10:10 A.M.-DIANA FALKENBACH#7909-Request for a Variance from Article XXIII,Section 280-124;and the Building Inspector's December 28, 2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to a single family dwelling;1)less than the code required minimum front yard setback of 55 feet;located at:3650 Eugenes Road,Cutchogue,NY.SCTM No.1000-97-8-6. 10:20 A.M.-CHRISTOPHER MASOTTO#7907-Request for Variances from Article XXIII,Section 280-124;Article XXXVI,Section 280-208 and the Building Inspector's December 14,2023 Notice of Disapproval based on an application for a permit to demolish,per town definition,and construct a new single family dwelling;1)less than the code required minimum front yard setback of 35 feet;2)less than the code required minimum rear yard setback of 35 feet;3)less than the code required minimum side yard setback of 10 feet;4)less than the code required minimum combined side yard setback of 25 feet;5)more than the code permitted maximum lot coverage of 20%;6)the construction exceeds the permitted sky plane as defined in Article 1,Section 280-4 of the Town Code;located at:55915 County Road 48(Adj.to the Long Island Sound), Greenport,NY.SCTM No.1000-44-1-17. 10.30 A.M.-ERIKA AND CHRISTOPHER WERSHOVEN#7910-Request for Variances from Article XXIII,Section 280-124;and the Building Inspector's February 5,2024 Notice of Disapproval based on an application for a permit to demolish,as per Town Code Definition,and construct a single family dwelling;1)less than the code required minimum front yard setback of 35 feet;2)less than the code required minimum side yard setback of 10 feet;located at:3150 Ole Jule Lane(Adj.to James Creek),Mattituck,NY.SCTM No.1000-122-4-19. 10:40 A.M.-LAUREN AND RUSSELL ANTONUCCI#7906-Request for Variances from Article XXIII,Section 280-124;Article XXXVI,Section 280- 207A(1)(b)and the Building Inspector's December 14,2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling;1)located less than the code required minimum side yard setback of 10 feet;2)gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area;located at:195 Marys Road,Mattituck,NY. SCTM No.1000-140-2-36.3. 10:50 A.M.-JSK PARK AVENUE.LLC#7913-Request for Variances from Article 111,Section 280-13A(1);Article IV,Section 280-17A(1);Article IV, Section 280-18;and the Building Inspector's January 8,2024 Notice of Disapproval based on an application for a permit to merge two adjacent lots and to demolish three(3)existing single family dwellings,keep one existing single family dwelling and construct an additional new single family dwelling,an accessory in-ground swimming pool and an accessory detached garage;1)proposed lot is less than the minimum lot width of 150 feet;2)one-family detached dwelling,not to exceed one single family dwelling on each lot;located at:2150 and 2200 Park Avenue,(Adj.to Great Peconic Bay)Mattituck,NY.SCTM No.1000-123-8-9 and 1000-123-8-10. 11:00 A.M.-ANDREA D.SPINARIS#7912-Request for Variances from Article XXIII,Section 280-124;and the Building Inspector's January 30, 2024 Notice of Disapproval based on an application for a permit to legalize'as-built'platform decks and a hot tub attached to an existing single family dwelling;1)less than the code required minimum rear yard setback of 35 feet;2)more than the code permitted maximum lot coverage of 20%;located at:3175 Kennys Road(Adj.to Great Pond),Southold,NY.SCTM No.1000-59-6-26. 11:10 A.M.-JOSEPH A.GEBBIA AND TERESA M.DUNNe#79D2b Request for Variances from Article 11,Section 280-9A(1);Article III,Section 280- 14;and the Building Inspector's December 27,2023,Amended January 12,2024,Notice of Disapproval and requesting a reversal of the Building Inspector's Notice of Disapproval dated January 12,2024;based on an application for lot recognition and to legalize a lot created prior to June 30,1983 at;1)lot does not conform to Bulk Schedule AA;2)lot is less the code required minimum lot size of 80,000 square feet;3)lot is less than the required lot depth of 250 feet;4)lot is less than the required lot width of 175 feet;located at 2146 Route 25 and 475 Condor Court,Laurel, NY. SCTM No.1000-127-3-6.4 and 1000-127-3-6.5. 1:00 P.M.-1420 SMITH DRIVE.LLC 47916-Request for Variances from Article XXIII,Section 280-124;Article XXXVI,Section 280-207A(1)(d);and the Building Inspector's February 5,2024,Amended February 27,2024 Notice of Disapproval based on an application for a permit to demolish(as per Town Code definition)and reconstruct a single family dwelling and an accessory garage;1)located less than the code required minimum side yard setback of 15 feet;2)located less than the code required minimum combined side yard setback of 35 feet;3)gross floor area exceeding permitted maximum square footage for lot containing up to 40,000 square feet in area;located at:1420 Smith Drive,South,Southold,NY. SCTM No.1000-76-3-10.1. 1:10 P.M.-DAVID AND ELAYNA KAPLAN#7906-Request for a Variance from Article XXIII,Section 280-124;and the Building Inspector's January 26,2024 Notice of Disapproval based on an application for a permit to construct a front entry attached to an existing single family dwelling;1) located less than the code required minimum front yard setback of 40 feet;located at:1700 Inlet Way,(Adj.to Hogs Neck Bay)Southold,NY. SCTM No.1000-92-1-7. 1.20 P.M.-ROCKY BLUFF LLC,•RICHARD REISMAN AND DANA REED#7872-Request for a Variances from Article XXII,Section-116A(1)and the Building Inspector's September 11,2023,Revised March 11,2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling at;1)proposed construction is located less than the code required 100 feet from the top of the bluff;located at:645 Rosenberg Road(Adj.to Long Island Sound),East Marion,NY.SCTM#1000-21-1-26.1. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228/W eb Lin k/Browse.aspx?id=935072&dbid=0&repo=Town0fSouthold If you have questions,please telephone our office at(631)765-1809,or by email:kimfQsoutholdtownny.gov. Dated: May 16,2024 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIRPERSON By:Kim E.Fuentes 54375 Main Road(Office Location) P.O.Box 1179,Southold,NY 11971-0959 gg�qq`yl ' 3V 6ed�� � <'@southoldtownny.gov i'V 4-q AFFIDAVIT OF PUBLICATION The Suffolk Times -JCAO),/ State of New York, County of,Suffolk County, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York.I certify that the public notice,a printed copy of which is attached hereto,was printed and published in this newspaper on the following dates: 05/30/2024 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county, and as such,is eligible to publish such notices. Signature Christina Henke Rea Printed Name Subscribed and sworn to before me, This 05 day of June 2024 Digitally signed 7COMM WREA by douglas w rea ate of New York Date: 2024.06.05 398443 14:31:53 +00:00 bany County ires Sep 30,2027 BOARD MEMBERS ��OF SO(/jyO Southold Town Hall Leslie Kanes Weisman, Chairperson 1p 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �p� Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento yCOWN Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 6, 2024 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, JUNE 6, 2024: 11:10 A.M. - JOSEPH A. GEBBIA AND TERESA M. DUNN #7902 - Request for Variances from Article II, Section 280-9A(1); Article III, Section 280-14; and the Building Inspector's December 27, 2023, Amended January 12, 2024, Notice of Disapproval based on an application for lot recognition and to legalize a lot created prior to June 30, 1983 at; 1) lot does not conform to Bulk Schedule AA; 2) lot is less the code required minimum lot size of 80,000 square feet; 3) lot is less than the required lot depth of 250 feet; 4) lot is less than the required lot width of 175 feet; located at 2146 Route 25 and 475 Condor Court, Laurel, NY. SCTM No. 1000-127-3-6.4 and 1060-127-3-6.5. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals (ZBA)\Board Actions\Pending. Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email: kimf@southo/dtownny.gov. Dated: May 16, 2024 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 I � - �� D�jy Town Hall Annex, 54375 NYS Route 25 CDP.O.Box 1179 ti Southold,New York 11971-0959 %Oy� �� Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: May 6, 2024 a : IIN't �Id. ,C+�TLONS FEU P�LTB'L C HEARD,l Dear Applicant; The June 6, 2024 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing(Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. Below, Please see instructions required to Prepare for-.fhe ZBA public hearingwliclE'includes . PLEASE READ CAR+E�FULLY. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing,to be placed not�more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than May 30, 2024.To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide You with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of Your property. If a Board member reports that there is no signage visibly on display as required by law,your scheduled hearing will be adiourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by May 30, 2024, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your Property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. MAILING INSTRUCTIONS: Please send by ISIP,S Certif ed Maid Return Recei , the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We `.r Instructions for ZBA Public Hearhig Page 2 ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by May 20,2024. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimf@southoldtoMM.gov or elizabeth.sakarellos@town.southold.Lay.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting "as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls> https://southoldtownny.gov/DocumentCenter/View/9694/TentativeRo112023 190WHaNdWemailu eceipts, green signature cards and affidavits to kim�f souetholdtow�nny. ov, and ** P�RROO�MIPT�LY US+PS MAhL** the OI RI�GIINALS to the Town 0f Soutthold, ZBA, P.O. Box 1 old, NAY 119�7�1. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter SS of the Southold Town Code and New York State Law. Please note.that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason,you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant U11 ,L HhAR 0 The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBIPIAR - Follow link - httpmm//Southoldtownny.gov/calendar.aspx NAME GEBBIA, JOSEP! H # 7902 SCTM # : I 000= 1 27=3=6m4 & 6m ,5 l'ARIANCE: LOT RECOGNITION & TO LEGALIZE ONE LOT I ;EQUEST: LOT CREATED PRIOR TO DUNE 30, 1983, LOT SIZE, DEPTH & WIDTH SATE THURS. , DUNE 61 2024 11 : 1 0 AM You may review the file(s) on the town's website under Town Records/Weblink: ?BA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of �,o� AFFIDAVIT ' JOSEPH A. GEBBIA AND OF TERESA M. DUNN MAILINGS Appeal # 7902 SCTM Parcel #1000-127.-3-6.4 & 6.5 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, KYLEE DEFRESE, residing at PECONIC, New York, being duly sworn, depose and say that: On the 20th day of MAY, 2024, 1 personally mailed a true copy of the Notice set forth in the Zoning Board of Appeals Application, directed to each of the persons-listed on the attached list at the addresses set below their respective names; that the addresses set below the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said notices were mailed at the United States Post Office at Southold, New York, that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. YLEE DEF ESE Sw rn to before m t is 20TH d of May, 2024 ,u n ( to ublic) BETSYA. PERKINS Notary Public, State of New York Nc. 011�F-6g30636 Oe,a lifie:� ' , -.1folk Coun I-­'ComrY ' :;r; Tres July 18,. 77Z7=7— SENDER: COMPLETE THIS'�___..ITION COMPLETE THIS SECTION ON A. Si nature orris),2,and* I-_',, �,; -I -- Agent1 , Prini"yo aMe:and address on the reverse X so that we can return the card to you. Addressee 0 Attach this card to the back of the mallpiece, B. Receive(Printed Name) C. W7,of Dell'—y 5- 2-2-or on the front if space permits. 1 2_q} 1 Article Addressed to: D. Is delivery address different from Item 1? 03 Yes If YES,enter delivery address below: C3 No Suffolk'County Town of Southold 330 Center Drive Riverhead, NY 11901 ilgg,III,I'II(' III11111,11,1111,11111 3. Service Type 0 Priority Mail Express@ E3 0 Adult SignatureRegistered Mal Im 13 Adult Signature Restricted Delivery 0 Registered Mall Restricted elve y C3 Certified Mail® De 9590 9402 8702 3310 8046 84 C3 Certified Mall Restricted Delivery M Signature Confirmationlm 0 Collect on Delivery Cl Signature Confirmation 2. Article Number(Transfer from service label) 13 Collect on Delivery Restricted Delivery Restricted Delivery f U insured Mail C3 Insured Mail Restricted Delivery over$500) astr! 'PS 06rm 38`11�ju0MZ!M*,7530-02-o6,010531 I Domestic Return Receipt COMPLETE THIS SECTION •ON•DELIVERY SENDER: COMPLETE THIS SECTION lterni 1,2,and 3. A. Signature a Agent 0 Print your name and address on the reverse X E3 Addressee so that we can return the card to you. B. Received by(Printed Nal9e) C. Date of Delivery 0 Attach this card to the back of the mailplece, or on the front if space permits. I 1. Article Addressed to: D. is delivery address different from item 1? 0 Yes If YES,enter delivery address below: C3 No TPC LLC PO Box 616 :Laurel, NY 11948 3. Service Type 0 Priority Mall Express® 0 Adult Signature 0 Registered MWITm i 111f111'l llli 1llll'1111111 111111'II llllll ll III 0 Adult Signature Restricted Delivery 0 Deli very Mail Restricted 13 Certified Mali® Iva y 9590 9402 8702 3310 8046 60 0 Certified Mail Restricted Delivery D Signature Confirmation TM [3 Collect on Delivery. C3 Signature Confirmation 2. Article Number(Transfer from service label) 13 Collect on Delivkiy0pstrIcted Delivery Restricted Delivery C3 insured Mail U Insured Mall Rqetr1ct4� Delivery over$5 Domestic.Ret6rn Receipt COMPLETE THIS SECTION ON DELIVERY I-SENDER: COMPLETF. THIS SECTION m,Complete items 1,2,and 3. A. Signature ' ,j 0 Print your name and address on the reverse, X 0 Agent C3,Addressee so that we can return the card to you. Am m Attach this card to the back of the mailpiece t, B. Received W(Printed N e) of Delivery or on the front if space permits. 1—Article Addressed to. D. is delivery address different from item 11? Yes If YES,enter delivery address below: [3 No BVBNY LLC 34 Greenvale Drive East Northport, NY 11731 3. Service Type 0 Priority Moil Express® 111111 Jill 111111111111111111111111111111 Ill U Adult Signature 0 R Istered MaiITM C3 Adult Signature Restricted Delivery Cl Re eg ad all Restricted C3 Certified Mall® later M Tm y D�ver 0 0 Certified Mall Restricted Delivery 0 Signature Confirmation 9590 9402 8702 3310 8046 53 0 Collect on Delivery ❑E3 Signature Confirmation service iabei) [3 Collect on Delivery Restricted Delivery Restricted Delivery 2. Article Number ffiransfer from 0 Insured Mall [3 insured Mall Restricted Delivery over$500) 10S P6r im t 88111!,Iuly209OP6N 7b7Q026Td'-§1053l 1 11 Domestic Return Receipt If U GEBBIA/DUNN NEIGHBOR LIST Gian M.Mangieri SDB Family Trust PO Box 368 c/o Premier Trust—co-trustee Laurel,NY 11948 4465 S. Jones Blvd. Sctm: 1000-125.-3-18.1 Las Vegas,NV 89103 9589 0710 5270 0290 2343 28 Sctm: 1000-127.-9-8 Half o ow Nursery Realty Corp. 9589 0710 5270 0290 2344 03 624 Deer Park Avenue Kevin Cotton Dix Hills,NY 11746 Virginia Cotton Sctm: _1000-127.-3-7 655 Eagle Nest Court 9589 0710 5270 0290 2343 35 Laurel,NY 11948 Fre:Te-r—IcTiT R u rano Stcm: 1000-127.-9-7 Attn: Anna Rufrano 9589 0710 5270 0290 2344 10 86 Monitor Street Suffolk County Brooklyn,NY 11222 Town of Southold Sc-tm: 1000-127.-2-7.1 330 Center Drive 9589 0710 5270 0290 2343 42 Riverhead,NY 11901 Donna L.DillSctm: 1000-127.-8-17.5 Managing Civil Engineer 9589 0 710 5270 0290 2344 27 Structures Department MTA LIRR Town of Southold Hillside Main Complex PO Box 1179 93-59 183,d Street Southold,NY 11971 Hollis,NY 11423 Sctm: 1000-127.-8-1 - Sctm: 1000-125.4-25.1 9589 0710 5270 0290 2344 34 9589 0710 5270 0290 2343 59 TPC LLC Frederick .Ru rano PO Box 616 Attn: Anna Rufrano Laurel,NY 11948 86 Monitor Street Sctm: 1000-127.-2-2.1 Brooklyn,NY 11222 9589 0710 5270 0290 2344 41 Sctm: 1000-127.-3-3 BVBNY LLC 9589 0710 5270 0290 2343 66 34 Greenvale Drive Golden w Est Prpty Own Asc East Northport,NY 11731 PO Box 53 Sctm: 1000-125.-3-4.6 Laurel,NY 11948 9589 0710 5270 0290 2344 58 Sctm: 1000-127.-9-31 9589 0710 5270 0290 2343 73 hawarcl I.Da5rowsKi Lisa M.Dabrowski 355 Condor Court Laurel,NY 11948 Sctm: 1000-127.-9-15 9589 0710 5270 0290 2343 80 own of SoutholU PO Box 1179 Southold,NY 11971 Sctm: 1000-127.-9-32 9589 0710 5270 0290 2343 97 ■ Complete items 1,2,and 3. A. at �.Agent i ■ Print your name and address on the reverse ddcessee , j so that we can return the card to you. g, Received by(Printed Name) C. of Delivery 1 ■ Attach this card to the back of the maiiplece, or on the front if space permits. 1—Article Addressed to: __ D. Is delivery address dt erent from item 1? C3 Yes If YES,enter delive address below: ❑No I ,l Gian M. Mangieri �nn ti PO Box 368 (. i Laurel, NY 11948 j 3. Service Type 0 Priority Mail Express® ❑Adult Signature ❑II I llllll loll Ill I Il II I I III I I I I II I Illl I ll l l I'll Registered D d Mal1TR❑Adult Signature Restricted Delivery Do estrictedggvryr ❑Certified Mals 0 Signature Confirmation' 9590 9402 8702 3310 8048 20 ❑Certified Mall Restricted Delivery 0 Signature Confirmation y 17 Collect on Delivery ' 2. Article Number(rnnnsfer from service label) ❑Collect on Delivery Restricted Delivery. Restricted Delivery. ❑Insured Mail 0 Insured Mail Restricted Dellvery (over$500) '{ ' •. �pQ(;1'19 t1�-�_tukrr:Receipt !i i F$IForm 3$111,July i202URFSN 7530-02 0W9053 I OMPLETE THIS SECTION ON DELIVERY SENDER: • • I: A. Signature13 Agent 1 ■ Complete items 1,2,and 3• ■ Print your name and address on the reverse X �� 1 ❑Addressee so that we can return the card to you. B. Received by(P`ri�nt'ed Name) C. Data of Delivery ■ Attach this card to the back of the mailpiece, Q; Dr-O WS or on the front if space permits. D. Is delivery address different from Rem 1? ❑Yes 1. Article Addressed to: r If YES,enter delivery address below: p No + Edward%Dabro"fii`T:=``Lisa Mabrowski ' °+ 355 Condor Court x ;Laurel, NY 11948 3. Service Type 0 Priority Mail Express® } l IIII Ill l Ill 0 Adult signature 0 Registered I� Mail*II l llllll IIII Illl ll Ill l 111 I I I Ill I 0 Adult Signature Restricted De1Nery 0 R Registered Mail Restricted a Certified Mail® ❑Signature Con irmation'm 9590 9402 8702 3310 8038 92 0 Collect Mall Restricted Delivery 0 Signature Confirmation ❑Collect on Delivery 0 Collect on Delivery Restricted DeliveryRestricted Delivery 2. Article Number(Transfer from.service label) ❑Insured Man i 0 insured Mail Restricted Delivery (over$500 : `` Dom'estic;,F{efurn�ReceipY` pS FOr..rrl� $11it July 202+0�PSN 753q-OL4�000s`90`53I I ill SENDER: COMPLETE THIS SECTION ON DELIVERY :COMPLETE SECTION IF-A-7ZIghatuR _•p Agent ■ Complete items 1;.2,and 3. X ❑Addressee 1 ■ Print your name and address on the reverse C. p f Delivery I 1 so that we can return the card to you. B. ecelved by(Printed Name) 9 } ■ Attach this card to the back of the mailpiece, )ZZ- or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? O Yes If YES,enter delivery address b low: ❑No T"765Ea Cotton ' a Cotton Nest Court" Laurel, NY 1194,8 3. Service Type ❑Priority Mail Express® ❑Adult Signature ❑Registered MallTM J Illllllll I#llllllllllllllll II IIIIII llllllll Ill O Adult Signature Restricted Delivery 0 Registered Mall Restricted 0 Certlfied Malls ❑Signature Confirmationym i ! 0 8046 91 0 Certified Mail Restricted Delivery 0 Signature Confirmation 9590 9402 8702 331 ❑Collect on Delivery Ci CQllegt on Deliyery Restricted Delivery Restricted Delivery + 2.+Article..Number;(lransferfron}seN.ice label) ; tl;Insured Mall`: ::::•; ❑�Insuied Mali Restricted Delivery (over$500 Domestic Return Receipt Form 38 1,duly 20201 PSN 7530-02-i000j9t053 ` FAQs > USPS Tracking' >, Track Packages Get the free Informed Delivery°feature to receive Learn More Anytime, Anywhere automated notifications on your packages (https://reg.usps.com/xsell?app=UspsTools&ref=ho nepageBanner&appURL=https%3A%2F%2Finformeddelivery.usps.com/box/pages/intro/start.action) `� Y 0 &f k k` "Remove X Tracking Number: 9589071052700290234373 Copy Add to Informed Delivery(https://informeddelivery.usps.com/) Moving Through Network Latest Update 40 In Transit to Next Facility Your package is moving within the USPS network June 6, 2024 and is on track to be delivered to its final destination. It is currently in transit to the next Arrived at USPS Regional Facility , facility. NEW YORK NY DISTRIBUTION CENTER a June 2, 2024, 4:58 pm Get More Out of USPS Tracking: USPS Tracking Plus° Arrived at USPS Regional Facility BROOKLYN NY DISTRIBUTION CENTER May 31, 2024, 7:33 am 0 Arrived at USPS Regional Facility NEW YORK NY DISTRIBUTION CENTER May 30, 2024, 10:00 am Addressee Unknown LAUREL, NY 11948 May 22, 2024, 8:57 am Departed USPS Regional Facility MID NY DISTRIBUTION CENTER May 21, 2024, 3:23 pm Arrived at USPS Regional Facility IMID NY DISTRIBUTION CENTER 6/7/24,8:19 AM USPS.com@-USPS Tracking®ReSU"- � J USPS Tracking FAQs > �-� 1 V Tracking Number: Remove X 9589071052700290234335 Copy Add to Informed Delivery(https:Hinformeddelivery.usps.com/) Latest Update Your package is moving within the USPS network and is on track to be delivered to its final destination. It is currently in transit to the next facility. Get More Out of USPS Tracking: m USPS Tracking Plus® 6 a v n Delivered Out for Delivery Preparing for Delivery Moving Through Network In Transit to Next Facility May 25, 2024 Departed USPS Regional Facility MID NY DISTRIBUTION CENTER May 21, 2024, 3:23 pm Arrived at USPS Regional Facility MID NY DISTRIBUTION CENTER May 20, 2024, 11:00 pm Hide Tracking History What Do USPS Tracking Statuses Mean? (https://faq.usps.com/s/article/Where-is-my-package) https://tools.usps.com/go/TrackConfirmAction?tRef=fulipage&tLc=2&text28777=&tLabels=9589071052700290234335%2C 1/2 617/24,8:18 AM USPS.com®-USPS Tracking®Res i=- J USPS Tracking FAQs > Tracking Number: `w - Remove X 9589071052700290234359 Copy Add to Informed Delivery (https:Hinformeddelivery.usps.com/) Latest Update Your item was delivered to the front desk, reception area, or mail room at 12:13 pm on May 22, 2024 in HOLLIS, NY 11423. Get More Out of USPS Tracking: m CD USPS Tracking Plus® n. o- v n Delivered Delivered, Front Desk/Reception/Mail Room HOLLIS, NY 11423 May 22, 2024, 12:13 pm See All Tracking History What Do USPS Tracking Statuses Mean? (https://faq.usps.com/s/article/Where-is-my-package) Text & Email Updates u USPS Tracking Plus® u Product Information u See Less Track Another Package Enter tracking or barcode numbers https://tools.usps.com/go/TrackConfirmAction?tRef=fulipage&tLc=2&text28777=&tLabels=9589071052700290234359%2C 1/2 U.S. Postal Service� �A U.S. Postal 'arvice- CERTIFIED MAILP RECEIPT C3 Co I CERTIFIL . MAILP RECEIPT Do M DoTestic Mail Only ZL mestic Mail Only 60 M .:I- For delivery information,visit our website at wwwusps.comll. = For delivery information,visit our websit4 at www.usps.come.. M r. ru ru Certified Mail Fee Certified Mail Fee C3 M S Er $ Er $ rU Extra Services&Fees(check box,add fee as apprupdate) ru ExtraService &Fees(check box,add fee as approjonale) s C3 []Return Receipt(hardoopy) • C3 0 Return Receipt(hardcopy) $ E]Return Receipt(electronic) Postmark El Return Receipt(electronic) $ ostmark C3 []Certified Mail Restricted Delivery $ AN C3 ❑F-1 Certified Mail Restricted Delivery $ 14 dre Ej Adult Signature Required $ r%_ El Adult Signature Required $ ru El Adult Signature Restricted Delivery$ ru Lr) Lr) E]Adult Signature Restricted Delivery$ PostageCl Postage' C-3 0 $ r-4 1 Edward T. Dabrowski Town of Southold r%_ C3 C3 PO Box 1179 sLisa M. Dabrowski Er ------------------ Ir Condor Court Ir co Southold, NY 11971 r 3 55 ----------------- Ln ------------------ Ln Laurel, NY 11948 ----------------- U.S. Postal Service'" U.S. Postal Service rm CERTIFIED MAILP RECEIPT CERTIFIED MAIL@ RECEIPT Domestic Mail Only Domestic Mail Only M M For delivery information,visit our website at www.usps.comO. For delivery information,Visit Our website at www.usps.comll. r le. ru I,'3 :t ru 0Certified Mail Fe Cl 1 Certified Mail Fee -0-3 N Er $ Er $ ru Extra Services&Fees(checkbox,add fee as appmojordiste) rU Extra Services&Fees(checkbox,add fee as appropriate) Al� ]_-3 [I Return Receipt(hardcopy) $ ❑C3 El Return Receipt(hardcopy) Return Receipt(electronic) $ T1 []RetunnRecel (electronic) $ 0 P6V_a !V Receipt C3 El Certified Mall Restricted Delivery $ 'hen M E]Certified Mall Restricted Dative $ ry Here 0 D- []Adult Signature Required Adult Signature Required $ rU nAdult Signature Restricted Delivery$ ru E]Adult Signature Restricted Dellvery$ Lr) Postage Postage Al M $ C3 f r-9 1 rq 1 r%_ S . Frederick O. Rufrano C3 Golden Vw Est Prpty own ASC C3 Ir PO Box 53 ------------------ Attn:Anna Rufrano r ------------------ L 86 Monitor Street --Laurel, NY 11948 ----------------- Ln ----- I----------- Ir Brooklyn, NY 11222 himaod Kwm-mra W :11 INCA�41 ,,­VA=4fzT_V: U.S.. Postal Service- U.S. Postal Service- Z CERTIFIED MAILP RECEIPT ru'� CERTIFIED MAILP RECEIPT Ln Domestic Mail Only Domestic Mail Only M I M For delivery information,visit our website at www.uspS.00M0. -r For delivery information,visit our website at www.usps.Como. M ru C 11 C3 Certified Mail Fee Certified Mail Fee C3 04 9,',\ $ Er $ ru Extra Services&Fees(checkbox,add fee as appmprfatq��. I Extra Services&Fees(check box,add fop as appropriate) 3 ru C3 [I Return Receipt(hardcopy) c3 ❑Return Receipt(hardcopy) E]Return Receipt(electronic) $ a mark, Return Receipt(electronic) zp.2 , $ ry $ Here C3 E]Certified Mail Restricted Delivery $ Here r_3 El Certified Mall Restricted Dative Ffo"s6rrk []Adult Signature Required 1, $ r%- E]Adult Signature Required' $ ru []Adult Signature Restricted Delivery$_ ru []Adult Signature Restricted Delivery$ Ln Postage Lrl Postage I—, r \L, O. C3 r:l i r:l Ti r\_ r%_ C3 Donna L. Dill PE $ C3 Frederick O. Rufrano ir Hillside Main Complex ------------------ Er Attn:Anna Rufrano .................... go Ca Ln 93-59 1831d Street ------------------ Ln 86 Monitor Street Er - ----------------- Hollis, NY 11423 Er Brooklyn, NY 11222 U.S., Postal Service U.S. Postal Service T" Ln CERTIFIED MAILPRECEIPT M c3 CERTIFIED MAIL@ RECEIPT , � Domestic Mail Only ru M — I ,,—Domestic Mail Only ,=M ! f Certified Mail Fee O�5�1,!�I5, 0 Certified Mail Fee $ FBBS check box,add fee as appropriate) ^�y5 '�,ti' O��i F_Mra Services &Fee3(cheekbox,add lee as appropd )�Y rU Extra Services& ( RJ r3 (]Return Recelpt(hardcCO) $ )•n � C3 ❑Retum RecelP,t(hardcoPY) $ ❑Return Recelpt(electmnlc) $ ! qP�p�3,f[m,_T,�ge�1` ❑Retum Recalpt(electlonlc) •$ m e O O []Certified Mall Restricted Delivery ! §f2QU `^���' O� f] ❑Certified Mall ResMcted Delivery $"" I ` 01 Here C r%- []Adult Signature Required $ t V I �" ❑Adult Signature Required $ rU Adult Signature Restricted Delivery$' , �/ M []Adult Signature Restricted Delivery L1l Postage ` �'� V=,. ,i N Postage l �L i h� ri - Half Hollow Nursery Realty Corp. I, ' Gian M. Mangieri ____ fEr r 624 Deer Park Avenue CIO ! PO Box 368 Ln Dix Hills, NY 11746 ------------ E• r, Laurel, NY 11948 - :1. 1 1 1 111•�• :11 1 11 111•1 - �_ _ •s}lwJa ao s}!;uoa}ay}uo Jo z, Z J� a a 'eaaldllew ay}}o VElq ay}of paeo sly{14OBW ■ AJanpe ;o el a '� (aweN u�J •noA o}Paso ey}ti ir;;�a usd'2nn'I Liz os ; aeSS(UPW❑ esJeneJ ey}uo'ssaJpps pue We"n0Awild 4 1 I ;ua6V p ! •S pug'Z'.G sWa}!e}eldwoD' ■ • • • • _ J S06-000-ZO-OESLNSd',OZO.Z�lnj; !' >};�` •�d• 1 idlaoed um3ad Ol;saWop 1 I . 09, P nsu)❑Uanllaa Pel°lriaatl IEW ❑ :I III s REIN Pamsu(❑ .I IIII I I I IIIIIII IIIIII III IW IInI IIIa I0 I1 I1 / '(1 qel a01N8S W04 JajSUPJJ)Ja P}S 00N3satleAanllaaPal° tieihauoall°o LVO9 0 LEE ZOL8 WV6 0696L uopeliuoo aJ ! �4an!lep pel°Irisey peWPalaa❑eh ❑ gN, o ®IIEW P8Bl ❑ e palolriaatl,�w p N atl 11PVeimis e13n alsaaao Ua ®sseadx3 I!eW IllJolJd❑ edAl 90 $ !r 8 1 EO 168 AN `se69A set ! 'pM8 savor 'S 99bt' 991srul-oo.-;snj-,) t.uaJd oho � ;srr��.�puJe�.BaS ON❑ :M01eq ssaJppe Aaan!!ap Jajua'S3A A :o}passaJppV 81091V sa k p 6 G wal!WOJ;lueJa#!p ssaJppe iGanllep s! '❑ s;Iw lad eae .0}!osse1U04 ay}uo Jo ewPN pa;u Aq panle ad g 'sooldllew ey3}o Moeq ey}of Paso sly3 y0s33V ■ 1 7k9AjjaQj;O aIsa '0 ( •noA of paeo Gy}.l��rl}aj ueo em Ile os I j eassaJppy❑ X esJeneJ ey}uo ssaJppe;f3 `°2uaeu JnoA}uud ■ 1 1u86V❑ •g puC04"",$uaa;!GIGldwoD ■ • • • . • • 1 I Idla0ed uJnlad ollsewOCI £406-000-ZO-088 'mec�03 Alnr!`L�$E)uaJod Shc 11 009$Jan°) , , ANenllaa Palelriaatl IIeW pemsul Cl peal peunsul❑ (jagel eo(JuaB W0.11 Ja{SUaj JagwnN elORn/ 'Z tian!laa PamiSeu Aaan!laa paloNlsatl Nenllea uo leall°a❑ 1uolluugoo nleu6l ❑ Ganpap uo loell°C❑❑ If III II I ILI I�II0I 8I I 0II IL IE I EI Z O L 8 Z Ot6 0656 wYDllE+Juop ainleu6le❑ A+anllea pal°Irisatl))eW pegJaa❑ Alan!aa ®IIEW P91100❑ Pal0l4Setl IEW P81911316etl❑ Aana0 PalOulsatl emleuS jInPV willeW PalSPU❑ eanleuBis IInPV❑ 1111111111111 IN IIIIIII II ®s9e1dx3 peal 1411°IJd❑ edAL GOINGS '£ 1 i U6 L L AN `ploy}noS i 6L1,L x08 Od l plo!a;noS jo umo-L ON❑ :nnoleq ssaJppe AJan!!ep JSJUS'S3A ll ;ol passaJppy elo!=J d '4 1 ` sa E3 'G wal!WOJ;,Iu 90P sseJppe/Uangap s! 'a •s}lLuied Goods;!1U04 0141 uo Jo ZA 1 171-641 If ) 'eooldl!aw ay}}o)loeq ay}of pJeo siy',4OsUV ■ ;1 Nanlla �o�Ieap (aweN peg urAqnla0 9 not o paeo ay}u In}eJ ue0 aM;syl as i easse pV❑ X esJanaJ aye uo ssaJppe pug eweu JnoA 3uiJd m ' 3u96V p •g pue'Z`G suaa}l a}aidwoO ■ •NO N01103S SIAL UJ37dWOOa,. - r III//A— - - — -- -- -- �•u���`( - ! Postal m�- oDomestic Mail C U.S. Postenvice- . o RECEIPT Domestic Mail Only For delivery visit our rn r ; i }}{{ ru *' I"*" sl.li' 'r fg.�.., i' �€ �„-. 'tz: rn. ,„Li ,, ;,_, .:. f=' €;=-: CertiffedMailFee c Jcl C' i .. '14 `'' ?) " 1 O Certified Mail Fee ru Extra Services&Fees(checkbox,add fee as appropriate) Ir\ /^ $ ;J (/i$ C3 ❑Return Receipt(hardcopy) $ •� \ 0 Extra Services&Fees(check-box,add lee as appropriate) "�C;•`j. ---�,,`f y' 'e , ❑Return Receipt(electronic) $ �y7lPostmaFk�.�II�� � I ❑ etum Receipt(hardeopy) $ ,'�y�r' �. C3 ❑Certified Mall Restricted Delivery $ (' °/ tHBfeu I ❑Return Receipt(electronic) $ '�r ostmark t Adult Signature Required $ C J 1-3 ❑Certified Mall Restricted Delivery $ �,i Here •, vt !� a \ rU ❑Adult Slgnature Required $ ? , uB�` Postage Signature Restricted Delivery$ ` r ❑Adult Signature Restricted Delivery$ Postage 'a °fit o r%_ rr BVBNY LLC ___ TPC LLC � 34 Greenvale Drive � : PO Box 616 Ln East Northport, NY 11731 `n o, Laurel, NY 11948 U.S. Postal Service T. U.S. Postal Service'" m CERTIFIED MAIL@ RECEIPT ti CERTIFIED . o Domestic RECEIPT Domestic Mail Only �- �- m '- �- ' _ ru ..i: R�" 'i 0 Certified Mail FeeA Certified Mail Fee Q 117 g li�J.t-S ru Extra SeNICe9&Fees(checkbox,add fee as appropriate) ��t ir $ ?' r ��`} ru Extra ServfCes&Fees(check box,add fee as appropriate) L• ✓,(�� f] ❑Return Receipt(hardcopy) $ +.` Rq S, ❑Return Receipt(electronic) $ POlS�tf�18rK' S ❑Return Receipt(hardcopy) []Certified Mall Restricted Delivery $ �� r, Here p} ❑Return Receipt(electronic) $ POStmark \t'� '9 %r 1 C3 ❑Certified Mall Restricted Delivery $ Here j � ❑Adult Signature Required $ ry�� y=� (�- El Adult Signature Required $ N []Adult Signature Restricted Delivery$ J• rL1 ❑Adult Signature Restricted Delivery$ Postage ,n Lr) Postage rl r!t O $ h N. rq o s o 9 Suffolk County a- Town of Southold ca ----------------- i Town of Southold ' m PO Box 1179 1:10 Southold, NY 11971 L 330 Center Drive •----------------- Riverhead, NY 11901 QMgm-ANNIN,M. •. r.. Postal PostalService CERTIFIED o RECEIPT m CERTIFIEDo RECEIPT Domestic Mail Only O Domestic Mail Only For delivery information,visit our website at www.usps.com8. ru Certified Mail Fee u C3 Certified Mail Feecj N Extra Services&Fees(check box,add fee as appropriate) i Ery- -... $• ❑Return Receipt(hardcopy) $ fL�,/f �.'✓�„•` ru Extra Services&Fees(checkbox,eddleeesappropriate) ".' = �.\C��j,• pt(electronic $ ��1 f7 ❑Return Receipt(hardcro ❑Return Receipt ) / PO ark py) $ r!` t •��\ 7 pp Return Recel, electronic ?�' 5 � ❑Certified Mall Restricted Delivery $ ,,, ere tl���� O ❑ �( ) $-' r ) Postmark II m ��,V ❑Certified Mall Restricted Delivery $ ti r� ❑Adult Signature Required $ 'r, 1 �D _ ry !'" ,l r ��`, �'� r"' ❑Adult Slgnature Required. $ I ,Wr 1i u I ru .0 Adult Signature Restricted Delivery$ � �� � ' N Postage ❑Adult Signature Restricted Delivery$ u! Postage ,a Kevin Cotton j rl�.:•fC3 r%- Tt SDB Family Trust o s Virginia Cotton r%_ 655 Eagle Nest Court C3 $ r c/o Premier Trust-co-trustee jr 4465 S. Jones Blvd. CO Laurel, NY 11948 ca :i ----------------- L , ;----------------- c Las Vegas, NV 89103 . A91L COMPLETE TPHS SEC77ON . . ■ Complete items 1,2,and 3. A. Si ure ■ Print your name and address on the reverse Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, eceived (P nted e) C. Date of D livery or on the front if space permits. ? 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes ' 1 — — If YES,a ter delivery address below: p No i) rederick O. Rufrano f Attn:Anna Rufrano 86 Monitor Street ti Brooklyn, NY 11222 } Il I Illlll I'll III II II I I III I I I I Il l ll I II l I I II III 3. Service Type ❑Priority Mail 1 ExpM sse❑Adult Signature ❑Registered Mail ❑Adult Signature Restricted DeliJe6 ❑Registered Mail Restricted ❑Certified Mail® Delivery j 9590 9402 8702 3310 8039 39 ❑Certified Mall Restricted Delivery ❑Signature ConfirmationTM j ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from Service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery 1 ❑Insured Mail i ❑Insured Mail Restricted Delivery i (over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt l --- __ ems=--•-_.,�,�-�..��._.._.- ..,;..�: .� _ •-•- SECTION • DELIVERY COMPLETE 9. ■ Complete items 1,2,and 3. - A Si ate our name and address on the reverse E3 Agent ■ Print 'I y �,. :;, .•X '-:�... ❑Addressee } so that we can return the card to you. ` B. ive b ■ Attach this card to the back of the mailpiece, e nted Name) C. D o elivery or on the front if space permits. � `� S i. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No 1 i i Town of Southo[d:7%- 1 PO Box 1179 Southold, NY 11971 3. Service Type ❑Priority Mail Express f� ❑Adult Signature ❑Registered WITM II I Illlll I'll 111 l II II I I Ill I I I I Il I ll IIIIIIII III ❑Adult Signature Restricted Delivery ❑Registry d Mail Restricted ❑Certified Maile Derive 9590 9402 8702 3310 8046 77 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM: ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from Service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑�Insured Mail t 13 "tired Mail Restricted Delivery I ,, rover$500 PS Forth i38111 UuIV2020 PSN 7530-b2-d00-9053r 1 i Domestic Return Receipt I TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING GebwG + -NUhh SCTM No. 1000-J2-7.°-3 `6-� (Name of Applicants) (Section, Block& Lot) 100D- 12,T - 3-b-5 COUNTY OF SUFFOLK STATE OF NEW YORK I, 1-u esa T)Uh ll residing at 15 Cwduy Cod La y w ,New York, being duly sworn, depose and say that: I am the (A) Owner or( ) Agent for owner of the subject property On the 21 day of Aau , 2024, I personally placed the Town's Official Poster on subject property located at: 2)q6 %)tr 25 t y-15 Condor Coat) Laurie indicating the date of hearing and nature of application noted thereon, securely upon subject property, located ten(10) feet or closer from the street or right-of-Way (driveway entrance)facing the street or facing each street or right-of-way entrance,* and that; I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be Iftit 6, 202y (Owner/Agent Signature) Sworn to before me this � Day of 2024 KYLEE S DEFRESE -rulop S. NOTARY PUBLIC-STATE OF NEW YORK (N ary Public) No.01 DE6420156 Qualified in Suffolk County * most vi�'t'6 QbPp�res oe-02-2025 near the entrance or driveway entrance of property, as the area .lip. p �r' ��"�.�h•�.� .u7.,.,� 1+� "' • A !'� � �' a �Vv .f11. 'ti--'- 'Jr�t�►��''�' _-�sw �:� y. �ti 1�G• A. 1�.���`a� _�iRc �`.,y���. n. i y� - •� r� Yam, � = 4. _' iin'. �:•« ,ray � iv �4 � ��-.� �,�'�1 �' .� '�.� a r = '� -.� - �" su�.� -! 41 Op 44 G. hill <r �����������: f•(ri _yPo !lm fl„ � — it "� aF•1z l& 1, �`• t•, ►`�'j. �T ��> sz, f Ak op fill ii"I I" 416 ^,E IMMM— "��F �r, '.fir._�`•w•s� �. �- 1' �'. .'. ,i? V- '�•t`"y�'�,.,�.. '�,�s�`� <�} �► � �� -� »fie .,t r� ..�, ,mowf,��q,, �. r r� ,� e �•�_ i"— '��:'"i N � + •''. �.• `•�4�4 4 � ,7 C+iw.r li�ra> - .. •,�� "�� ; ��.I� {• �- 49, ,. .: ` -• ��• -�.�. .- .� ;�q,ti��� h'�'' �� SOL* J �;• '1a,.; ^;��� 'tya.j��x � ,Y � � Y, ��• ...y s". ' If '- ..m A �` � '� ..•�+Y;t'i;; ` �,' .�� ,'� •' ~;.. ��+fit..All, .'�'• .h. � .- � �, • 2 ar v "�,,y�� �• u � ••r. "�gilt. 1 :A �+ Mw. �!° i 1 = ` S •,r.�.� `� { ��a,a�'b Ott..�' - � .f.4i R•�i ,� 1 ,.�- T"� i�1�[�z �.. PAL `, ,, s r �101%� Af i+� Yy - i� - i: 1! �! - � �+," -•4 \yam M , LEGAL NOTICE )UTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,JULY 11,2024 at 10:00 AM G PUBLIC HEARINGS NOTICE IS HEREBY GIVEN,pursuant to Section 267 of the Town Law and Town Code Chapter 280(Zoning),Town of Southold,the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall,53095 Main Road,Southold,New York 11971-0959,on THURSDAY.JULY 11,2024: The public may ALSO have access to view,listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING alre on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10:00 A.M.-LAURA LONDONO#7911-Request for Variances from Article XXIII,Section 280-124;and the Building Inspector's January 26,2024 Notice of Disapproval based on an application for a permit to construct additions and alterations to existing single family dwelling and construct an accessory in-ground swimming pool;1)construction located less than the code required minimum side yard setback of 10 feet;2)more than the code permitted maximum lot coverage of 20%;located at:435 Inlet Drive,Mattituck,NY.SCTM No.1000-106-2-21. 10:10 A.M.-JONATHAN PRESSEAU#7920-Request for Variances from Article XXIII,Section 280-124;Article XXXVI,Section 280-207A(b);and the Building Inspector's February 14,2024 Notice of Disapproval based on an application for a permit to construct additions and alterations to a single family dwelling and to legalize the"as built"addition and"as built"shed addition,at;1)located less than the code required minimum side yard setback of 10 feet;2)more than the code permitted maximum lot coverage of 20%;3)gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area;located at:2905 Stillwater Avenue(Adj.to East Creek),Cutchogue,NY.SCTM No.1000-136-2-4. 10:20 A.M.-2440 VILLAGE LANE.LLC.#7918:Request for Variances from Article XXIII,Section 280-124;Article XXXVI,Section 280-207;and Article XXXVI,Section 280-208;and the Building Inspector's March 7,2024,Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling;at;1)less than the code required minimum front yard setback of 35 feet; 2)less than the code required minimum rear yard setback of 35 feet;3)more than the code permitted maximum lot coverage of 20%;4)gross floor area exceeding permitted maximum square footage for lot containing up to 10,000 square feet in area;5)the construction exceeds the permitted sky plane as defined in Article I,Section 280-4 of the Town Code;located at:2440 Village Lane,(Adj.to Orient Harbor)Orient,NY. SCTM#1000-26-1-17.1. 10:30 A.M.-VINCENT PELLY#7921-Request for Variances from Article XXIII,Section 280-124;and the Building Inspector's January 30,2024 Notice of Disapproval based on an application for a permit to construct a breezeway and garage addition,deck alteration and on in-ground swimming pool with raised patio addition to an existing single family dwelling;1)construction located less than the code required minimum rear yard setback of 35 feet;,2)more than the code permitted maximum lot coverage of 20%;located at:3275 North Bayview Road,Southold,NY. SCTM No.1000-71-1-39. 10.40 A.M.-STEVE AND FURTUNE MANDARO#7923-Request for Variances from Article XXIII,Section 280-124,and the Building Inspector's March 4,2024 Notice of Disapproval based on an application for a permit to demolish(as per Town Code definition)and reconstruct a single family dwelling;1)located less than the code required minimum front yard setback of 35 feet;2)located less than the code required minimum side yard setback of 10 feet;located at:2135 Bay Avenue,(Adj.to Marion Lake)East Marion.SCTM No.1000-31-17-4. 10:50 A.M.-LAINE FILASKY ##7919-Request for a Variance from Article XI,Section 280-49;and the Building Inspector's February 5,2024 Notice of Disapproval based on an application for a permit to construct additions and alterations to a single family dwelling,at;1)located less than the code required minimum front yard setback of 100 feet;located at:1345 Old Main Road,Mattituck,NY.SCTM No.1000-122-7-7.1. 11:00 A.M.-GEORGE DANGAS#7922-Request for Variances from Article IV,Section 280-18;Article XXII,Section 280-116A(1);and the Building Inspector's December 11,2023 Notice of Disapproval based on an application for a permit to construct a deck addition to an existing single family dwelling and an in-ground swimming pool;1)located less than the code required minimum combined side yard setback of 35 feet;2) located less than the code required 100 feet from the top of the bluff;located at:1900 Hyatt Road,(Adj.to Long Island Sound)Southold,NY. SCTM No.1000-50-1-3. 11:10 A.M.-STEPHANE SEGOUIN#7891-Request for Variances from Article XXIII,Section 280-124;Article XXII Sec 280-116(A)1,Article XXXVI, Section 280-208A;and the Building Inspector's November 8,2023,Amended December 13,2023 Notice of Disapproval based on an application for a permit to demolish(as per Town Code definition)and reconstruct a single family dwelling,a new accessory in-ground swimming pool,and to legalize two as built accessory decks;at;1)more than the code permitted maximum lot coverage of 20%;2)dwelling located less than the code required minimum side yard setback of 7.5 feet;3)dwelling exceeds the permitted sky plane as defined in Article I,Section 280-4 of the Town Code;4)dwelling located less than the code required 100 feet from the top of the bluff;5)swimming pool located less than the code required 100 feet from the top of the bluff;6)accessory deck located less than the code required 100 feet from the top of the bluff;7)accessory deck located seaward of the top of the bluff;located at 310 the Strand,(Adj.to Long Island Sound)East Marion,NY. SCTM No.1000-21-5-5. 1.00 P.M.-GRANDVIEW DRIVE REALTY.LLCMNCENT PANETTIERI#7924-Request for Variances from Article III,Section 280-15;Article XXII, Section 280-116A(1);and the Building Inspector's March 5,2024,Amended March 15,2024 Notice of Disapproval based on an application for a permit to legalize an as built accessory pavilion,at;1)located less than the code required minimum side yard setback of 15 feet;2)located less than the code required 100 feet from the top of the bluff;located at:2410 Grandview Drive,(Adj.to Long Island Sound),Orient,NY.SCTM No. 1000-14-2-3.9. 1:10 P.M.-JAMES HUETTENMOSER#7884-(Adjourned from March 7,2024 and April 4,2024)Request for Variances from Article XXIII,Section 28D-124;Article XXXVI,Section 280-207;and the Building Inspector's November 8,2023 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and construct a new two-story single family dwelling;1)located less than the code required minimum side yard setback of 10 feet;2)more than the code permitted maximum lot coverage of 20%;3)gross floor area exceeding the permitted maximum square footage for a lot containing up to 20,000 square feet in area;located at:2235 Cedar Lane(Adj.to Spring Pond),East Marion,NY. SCTM No.1000-37-4-7. 1.20 P.M.-ROLAND GRANT PRESIDENT OF SOUEST INC #7847:(Adjourned from February 1,2024)Request for Variances from Article XV, Section 280-62C;Article XV,Section 280-64B and 280-64C;and the Building Inspector's August 4,2023,Amended October 17,2023 Notice of Disapproval based on an application for a permit to demolish existing buildings and construct two public self-storage buildings(A&B),with building"A"creating an accessory apartment on the second floor and to maintain the existing 26.8 ft.by 37 fL garage/storage building;at;1) buildings'A and B'less than the code required minimum variable front yard setback of 70 feet;2)buildings'A and B'less than the code required minimum rear yard setback of 70 feet;3)buildings'A and B',located in the HALO Zone,more than the permitted 60 linear of frontage on one street;4)building'A'proposing a non-permitted accessory apartment use;5)garage/storage less than the code required minimum front yard setback of 100 feet;6)garage/storage less than the code required minimum side yard setback of 20 feet;located at:800 Horton Lane,Southold, NY.SCTM#1000-63-1-9. 1.30 P.M.-JOSEPH A GEBBIA AND TERESA M.DUNN#7.902_( djoumed from June 6,2024)Request for Variances from Article II,Section 280- 9A(1);Article III,Section 280-14;and the Building Ins.., or's .ember 27,2023,Amended January 12,2024,Notice of Disapproval and requesting a reversal of the Building Inspector's Notice of Disapproval dated January 12,2024;based on an application for lot recognition and to legalize a lot created prior to June 30,1983 at;1)lot does not conform to Bulk Schedule AA;2)lot is less the code required minimum lot size of 80,000 square feet;3)lot is less than the required lot depth of 250 feet,4);located at 2146 Route 25 and 475 Condor Court,Laurel,NY. SCTM No. 1000-127-3-6.4 and 1000-127-3-6.5. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: httpJ/24.38.28.228/WebLin k/Browse.aspx?id=935072&dbid=0&repo=Town0fSouthold If you have questions,please telephone our office at(631)765-1809,or by email:kimf@southoldtownny.gov. Dated: June 20,2024 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIRPERSON By:Kim E.Fuentes 64375 Main Road(Office Location) P.O.Box 1179,Southold,NY 11971-0959 _5790e fd kimt@southoldtownny.gov - IH AFFIDAVIT OF PUBLICATION ,UV 1 The Suffolk Times 1 ( State of New York, jq. County of,Suffolk County, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York.I certify that the public notice,a printed copy of which is attached hereto,was printed and published in this newspaper on the following dates: 07/04/2024 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county, and as such,is eligible to publish such notices. �'/tIL(.Lt. ' Signature Christina Henke Rea Printed Name Subscribed and sworn to before me, This 10 day of July 2024 Digitally signed :Qualifled AS W REA by douglas w rea State of New York Date: 2024.07.10 REb398443 20:22:31 +00:00 Albany County Mxpires Sep 30,2027 TI , . -- � � r HtA ;I ��+IG The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBIWAR - Follow link - httpm.//Southoldtownny.gov/calendar.aspx NAM E GEBBIA, JOSEPH # 7902 SCTM # : I 000= 1 27=3=6u4 & 6E5' 1ARIANCEN LOT RECO NITION & TO LEGALIZE ONE LOT REQUEST: LOT CREATED PRIOR TO DUNE 30, 1983, LOT SIZE, . DEPTH & WIDTH E ATE THURS. , DULY 11 , 2024 1 :30 PM You may review the file(s) on the town's website under Town Records/Weblink: ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF POSTING #7902 Regarding Posting of Sign Upon Applicant's Land Identified as 1000-127.-3-6.4 & 6.5 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, of Southold, New York, being duly sworn, depose and say that: On the 30t" day of June, 2024, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, July 11th, 2024 at 1:30 pm. `Pat lcia C. Moore Sworn to before me this 10th day of July 2024 -Ai S. bq* N6taFy Public KYLES S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 auslified in Suffolk County My Commission Expires 08-02-2025 7/1/24,4:40 PM IMG 7372111-1('. 1' T # �► T r ��x, "YES - , ,�: y j� xr 1 n .rn Tom, '� -t y, �. � - :.. -•`•. .�i�� P: 1. � t• �f�.}s� 4'M. ��� � � �, NOTICE OF HEARING i xuEE GE881A,JOSEPH s 100G-127-3-6.4& 'IVLOT RECOGNITION8 �, LEG4LIZE ONE LOpp— T _ REOYFf}:LOT CREATEO PRIOR TO 19E3,LOT SIZE DEPTH&W,T1 -, Y , O.TE TNURS 1.L1 11 302J so. k7*. — d l' A .01 r666 J 2 i, 14 tr ir https://drive.google.com/drive/home 7/l/24,4:40 PM IMG_7369.HEIC f 1 A +v f 1 I Ir � t N Ilk' P A NOTICE OF ,�ryING /Mr•aia.i nwM�"'•iu n�,so eo�von.Vyu roq R"°�t 1. y ytp°iisootholtlto _Y. ,Ic V A Rr1E GEBBIA,JOSEPH 11 r � r 1 JC1Nr: 1000-127-3.6.4 g VAMAKE:LOT RECOGNITION 87C _ LEGALIZE ONE LOT < l a !q/ff:LOT CREATED PRIOR TO+El f• 7963,LOT SIZE,DE►TII/1�1 ���_ ^'-� �' ��'�A'r OAiE THURS.,J ~ �vLr».mu iJR y y r IS ,EX Ayw 'r- 1 � s. https://drive.google.com/drive/home OFFICE LOCATION: )MAILING ADDRESS: Town Hall Annex ��®� S®U��® P.O.Box 1179 54375 State Road Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) .1L Southold, NY Telephone: 631 765-1809 aO http:Hsoutholdtowuny.gov C®UNT`1,� ZONING BOARD OF APPEALS Town of Southold RECEIVED MEMO JAN 31 2024 TO: Planning Board sout o Town Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: February 2, 2024 SUBJECT: Request for Comments ZBA# 7902 GEBBIA, Joseph The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, and current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. Applicant: GEBBIA, Joseph Tax # Zone District: 127-3-6.4 & 6.5 ZBA#: 7902 Hearing Date: May 2, 2024 Code Section: Art II Sec 280-9A & Art III Sec 280-14 Date of Stamped Site Plan : October 12, 2023 Preparer of Survey: Nathan Taft Corwin III Thank you. (Enc.) OFFICE LOCATION: OF SOU MAILING ADDRESS: Town Hall Annex �� ljf/O P.O.Box 1179 54375 State Road Route 25 ,`O l0 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1809 • �OQ http://southoldtovnmy.gov olyCOU ,� ZONING BOARD OF APPEALS Town of Southold February 2, 2024 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File : # 7902 GEBBIA, Joseph Action Requested : To legalize a lot recognition (subdivision). Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land (X) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Ch ' per _ n B y� �.. Survey/Site Plan Nathan Taft Corwin III Date : October 12, 2023 �U J � Y ^ Fiji ii SEE SEC.NO.125 f !VIATC z LINE� M, .INE'i�,� ;�' � MATCH f, IX, z FOA PCL.NO, �i;'N, ,-.'X,�'SElt SEC.'NO.'; er 12�425.1 'L r", 125-WIC2 4; 3.1 —y 2.1 j, W- tf,14F AP I - 4 X I.ONC) 3.1 6.9A(c) 7 /o 7.1 81 V\ 2A 7 14.8A 391A 3 2.5A(c) 41 NO 'j ip -K 38.6A(c) , \lk 3 16A :,7 C9A 00 fx., 0 v qw 6.5''0 T ol, Low X w/ g\ G 25.7A(.) X', 175 COUNTY OF SUP TOWNOFSOUT In, Rkil -47TC425 S. t,� 6 3 SA(.) 0 T..N'F\ NP rn 10. 12� 5 ,a 2 %0 /RS' p'- N .7 IQ c� • RpUNO,,—' 7 /;ZS-- 63—L�. A T1, NOTICE K If, 7- 3 )F SUFFOLK (D E Service AgCnCy MAINTEIMCE'ALTERATION SALE OR y 9—g DISTRIBUTION OF ANY PORTION 7 ffin"Imd-1,711901 SUFFOLK COUNTY TAX MAP.ZMD m . A WITHOUT WRITTEN PEMASSION 0:THE P Fm REAL PROPERTY TAX SERVICE AGENCY i �OSsfFQ( � TOWN OF SOUTHOLD—BUILDING DEPARTMENT G Town Hall Annex 54375 Main Road P.Q. Box 1179 Southold,NY 11971-0959 "® �► o Telephone (631) 765-1802 Fax (6-'11)765-9502https://www.soutlioldtownny.gov real ��4 Date Received APPLICATION FOR BUILDING-PERMIT For Office Use Only AUG U�} .1 L�LL Di PERMIT NO. Building Inspector: IJ L BUILDING DEPT TOWN OF SOUTFi�. �-'_` �®y Applications and forms must be filled out in their entirety. Incomplete applications will not be accepted. Where the Applicant is not the owner,an ! 1 Owner's Authorization form(Page 2)shall be completed. IT'S �p - : R : Date: 2- OWNER(S)OF PROPERTY: Name: Z CJ` SCTM#1000- Project Address: G-1 n Phone#: co31_ Email: Cg — Mailing Address: 4-1 t5 R�Y- Ck-. W CONTACT PERSON: Name: _ i Mailing Address: Phone#: `_ DESIGN PROFESSIONAL INFORMATION: Name: Mailing Address: Phone#: Email: CONTRACTOR INFORMATION: Name: C Mailing Address: Phone#: (e�`_ S_ Email: c> m DESCRIPTION OF PROPOSED CONSTRUCTION ❑New Structure ❑Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project: Other AKS i^1�a $ r-A IN Will the lot be re-graded? ❑Yes o Will excess fill be removed from premises? ❑Yes >lo 1 PROPERTY INFORMATION Existing use of property: f.� C, fp , 1 Intended use of property: Zone or use district in which Wernises is situated: ` Are there any covenants and r strictions with respect to AC, I this property? Dyes IF YES, PROVIDE A COPY. 11 Check Box After Reading: The owner/contractor/design professional is responsible for all drainage and storm water issues as provided by Chapter 236 of the Town Code.APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk,County,New York and other applicable Laws,Ordinances or Regulations,for the construction of buildings, additions,alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code, housing code and regulations and to admit as inspectors on premises and in building(sj for necessary inspections False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law. Application Submitted By t name): 3t�S `` ❑Authorized Agent �wner Signature of Applica Date: a/�G 1 STATE OF NEW YORK) SS: t, COUNTY OF�y- a [--} GlCr-�jb 1 C�­ being duly sworn, deposes and says that(s)he is the applicant (Name of indi idual signing contract) above named, (S)he is the o Io n?--r - (Contractor,Agent, Corporate Officer,etc.) of said owner or owners, and is duty authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his/her knowledge and belief, and that the work will be performed in the manner set forth in the application file therewith.Ae� . BARBARA H.TANDY Sworn before me this Notary Public,State Of New York No. 01 TA6086001 �. Qualified In Suffolk County 026 day of J 20j2_1 o Commission Expires 01/13/20 a`?3 Notary Public PROPERTY OWNER AUTHORIZATION (Where the applicant is not the owner) I, residing at do hereby authorize to apply on my behalf to the Town of Southold Building Department for approval as described herein. Owner's Signature Date Print Owner's Name 2 SURVEY OF PROPERTY, SITUATE Ifrf LAUREL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 127-03-6.4 �a s SCALE 1 "=50' 12 FEBRUARY 6 AUGUST 2013ADD3' O 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 c'O TOTAL AREA = 735,889 sq. ft. 16.894 ac. FRESHWATER WETLANDS = 72,731 sq. ft. o�G19 11y. � \ TIDAL WETLANDS = 338,312 sq. ft. I` ti �\ UPLAND AREA = 324,846 sq. yft. •� ���, `_a MAR 2 7 2023 _ ? 0 SM Do� J' COVERAGE DATA OVER UP LAND AREA ,e �111L 'P �; QiF c�- o"�''• tiff• FOR DEC ,M1 DESCRIPTION AREA % LOT COVERAGE AILAILqy �o , �o 1Os BARN 2,270 sq. ft. 0-70% '!p � � Qy k '•. ?q,Q- (2) COVERED PORCHES 609 sq. ft. 0.19% 2nd STORY DECK 146 sq. ft. 0.04% 'y'� � rI°• g ,� STONE PATIO 413 sq. ft. 0.13% `\z AL AILSTONE WALKS & STEPS 462 sq. ft. 0.14% o c�` boy Ss� 2�1 BUILDING 769 sq. ft. 0.24% �s+, ,k `� �F �6 �e� (2) STONE APRONS & STEPS 106 sq. ft. 0.03% ' ' A '�,F�6 a�cg\ SHED & R/O GARDEN ENTRY 146 sq. ft. 0.04% ARBOR OVER GRAVEL 1,049 sq. ft. 0.32% C BRICK WALK 130 sq. ft. 0.04% .AIL � // $t�d � � (2) BRIDGES 278 sq. ft. 0.09% y AI L '� ��/ `�f � TOTAL 6.378 sq. ft. 1.96% ire O y oGo COVERAGE DATA OVER UPLAND AREA i9�. 9rF� ti�� Uo. do FOR TOWN OF SOUTHOLD Or, �j {y .� /ILL � A� FUG 69 9�0 ryo� ay FLAG be— FL#4 70 ti DESCRIPTION AREA % LOT COVERAGE AILOS / e`d A- RAG 71 BARN 2,270 sq. ft. 0.70% FUG 67 (2) COVERED PORCHES 609 sq. ft. 0.19% 4 <ep AL 2nd STORY DECK 146 sq. ft. 0.04% �b9Lt FIAG 72 BUILDING 769 sq. ft. 0.24% RM 73 SHED & R/O GARDEN ENTRY 146 sq. ft. 0.04% ARBOR OVER GRAVEL 1,049 sq. ft. 0.32% TOTAL 4,989 sq. ft. 1.54% IN AIL 00 � 1S .b FUG 76 Q� 00.. a � �3r FLAG 5a ,� FLAG 77 N 0+ FUG 55 FLAG 54 FLAG 7a O FUG 53 Z FLAG 79 O FLAG 52 W AIL FLAG 50 N AIL to O FUG 81 TT> FLAG 51 `x 0 FLAG 50 AL RAG az x FLAG 49 W4 n 0 RAG 48 BRUSHES CREEK FLAG 63 TIDAL WETLANDS FUG 47 48 RAG 84 FLAG FUG 45 F1AG 44 9F FLAG 43 FUG 42 a 0 AIL FUG 41 W a ruc W W RAG 40 En AIL Cil FLAG 30 FLAG88 ZDp,06 FLAG 3a �= u+ POOL 1;�P,310 ti 20„ �jd sttrs AAktsl+ RAG FUG 36 L �llL 5 -�2• s1oNE WALL y o RAG� (f 1 FUG a7 1M�b b O QF y ytn o N FLAG 34 o , 9 O FLAG as :� � c 000." FUG 33 0+ . v'oh RAG 30 O FLAG FUG 28 o,s�.C�11,,7. RAG 3z FLAG 31 I, FLAG RAG 27 RAG 26 ]WL 1 (� �J FLAG 25 FLAG 24 FLAG 23 RAG 90 1 O o 0 O RAG 22 Q , o�G���+ �' �4rp RAG 91 O,Oo R�! O AG 21 i 7` U11 tt6 ' nOGy CAS � O , , RAG 92 �cu l RAc 20 O �F'2' �, 20 i FLAG 63 \ � N 3 oY ( � 208 0? � '( \g s� RAG 94 Rco FLAG 19 p + RAG 1a f G0� Z RAG 17 RAG 95 o N• O O `'''' FLAG 98 AIL FLAG 16 0 FUG 97 Z RAG 15 AL FUG 98 ' a FLAG 14 FUG 99 oAL fro 3 FLAG 13 FLAG too FLAG 12 p 03 RAG 101 c o� AIL taatoFLAG 11 RAG tat Q RAG 10 RAG 9 FLAG,03 FLAG 8 FAG ' UNAUTHORIZED ALTERATION OR ADDITION y FLAG 7 TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE FLAG 6 EDUCATION LAW. FAG 2 FLAG 3 COPIES OF THIS SURVEY MAP NOT BEARING Ir. FLAc 5 THE LAND SURVEYOR'S INKED SEAL OR FLAG 1 EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN 4-1 ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. lip Nathan Taft Corwin III PREPARED IN ACCORDANCE THE MINIMUM STANDARDS FOR TITLE SURVEYSEYS AS ESTABLISHED O., BY THE LIALS. AND APPROVED AND ADOPTED Land Surveyor FOR SUCH USE BY THE NEW YORK STATE LAND S ti TITLE ASSOCIATION. 'spa OT y E O Successor To: Stanley J. Isaksen, Jr. L.S. E,' Joseph A. Ingegno L.S. Title Surveys — Subdivisions — Site Plans — Construction Layout ; PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS 1 1586 Main Road P.O. Box 16 Jamesport, New York 11947 Jamesport, New York 11947 V N.Y.S. Lic. No. 50467 Memo tote Wing Board of Appeals �`�jAPR � 202� p F rom aea a02 1�I�OARD O�A�p�Ai�' tricia C. Moore, Attorney at Law Dated: 4-8-24 Re: Lot Recognition 1000-127-3-6.2& 6.3 (now 6.4&6.5) ISSUE: Joseph ,OU = plied to the Building Department to convert one of the barns to a dwelling on the parcel. The building department advised Mr. Gebbia that they cannot issue a building permit on the farm parcel because"the lot is not recognized", as there is no deed filed prior to 1983 for the separate farm lot. However, since 1969 the Town of Southold has identified two separate parcels and over the years issued numerous permits for each parcel recognizing that they were separate. In spite of the existing history of town approvals for these respective properties,the building department has now determined that the farm parcel and house parcel are not"recognized"as separate parcels. REQUESTED RELIEF: Reverse the determination of the Building Department and recognize the two lots created in 1969. In,2006 Theresa Dunn and Joseph Gebbia purchased the residence at 475 Condor Court(lot 6.4),a former B&B, on one acre(200' x 200')with access to a public road, Condor Court. Joseph Gebbia purchased separately a 15 acre farm off of a right of way to the Main Road and described as 2146 Rt 25, Laurel(lot 6.5)with two barns, accessory buildings, and the Cranberry Bog (freshwater and tidal wetlands)which had been a farm since 1903. Basis of Denial of the Building Permit: Town Code 280-9: A. A lot created by deed or Town approval shall be recognized by the Town if any one of the following standards apply and if the lots have not merged: The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30, 1983, and the tot conformed to the minimum lot requirements)set forth in Bulk Schedule AALU as of the date of lot creation. B. All lots which are not recognized by the Town pursuant to the above section shall not receive any building permits or other development entitlements. FACTS SUPPORTING REVERSAL OF BUILDING DEPARTMENT: Based on title records and Estate proceedings the facts are as follows: I. The farm can be traced back to 1903. ® The parcels were acquired by the Diachun family in 1924. Mary&her husband George had two sons(Leo and Theodore). In 1935 George Diachun conveyed to his wife,Mary, the property which included the house and barn. The Diachun family treated the property as if they were legally and properly split. The sons ran the 15-acre farm and Mary lived in the house until her death in 1984. The Diachun family treated the two parcels as two separate and distinct parcels. II. Throughout the years that Mary owned the house, she believed that the parcels were properly split as is evidenced by the following actions: a. Prior to creating the property cards,the Town of Southold began by mapping the properties and preparing what the Assessors called"The old town maps"., The Assessor's Old Town Map of the Diachun parcel originally failed to identify the separate one-acre parcel with the house. Jn 1968 the Diachun family went to the Assessor's office and asked that the one acre(200' x 2001) be created as a sevarate parcel. The Town memorialized the lot.from the farm bv. identifying the two separate parcels with two separate property cards and two.separate assessments. One card showing improvements (the original house)known as tax lot 6.2 (later 6.3 and now 6.5). The farm parcel with barns known as tax lot 6.1 (now 6.4) consistent with the family's split of the house from the farm in 1935. Copies of the respective property cards are attached as Exhibit A b. Mary Diachun died on June 3, 1984;her two sons inherited the two properties. The estate administration proceedings listed three properties owned by Mary Diachun which included the house and farm as two of the three parcels listed in the Town of Southold. c. The estate proceeding was delayed when both sons died during the administration of Mary's estate. Thereafter, the wives of each son became the successor administrator of the estate of Mary Diachun. The Estate Administration was not completed until 1994. d. The surrogate's court proceeding describes the two separate parcels by separate tax map numbers and an address off the Main Road. (Condor Court was not developed yet). The house parcel was listed separately from the farm parcel. e. The Estate of Diachun sold the house and the farm to DiBartolo in 1994. A copy of the deed for each parcel is attached as Exhibit B. f. These are the first deeds out of the Diachun family. g. As far as the Diachun family understood,the Town recognized the separate parcels, and they sold two properties. h. Each son's estate received the proceeds from the sale of the separate parcels. III. The two parcels were identified as separate parcels since the Town began the assessment records in 1969 and the two parcels were listed as separate parcels on the assessment roll. (Exhibit B: assessment roll) (Exhibit A-Separate property cards). IV. The Planning Board did not begin subdividing"set-offs"or minor subdivisions until 1971. Prior to 1971 farmers split the farm by means other than by deed. The farm families would inform the assessor's office that the family had split off the house from the farm typically when operation of the farm was taken over by the sons or by death of the farmer. In Diachun's case the separate lots were documented by the Town Assessors assignment of separate tax map numbers. The house parcel was a 200' x 200',a one-acre parcel. The balance of the land and meadow were part of the 15-acre farm. V. The Town issued numerous regulatory permits to the prior owner for each parcel without claiming that the parcels were "not recognized"as separately created parcels: • In 2000 Nicolo Dibartolo began obtaining regulatory permits from the Trustees and NYSDEC to build a second floor over the existing dwelling. The plans and survey showed the one-acre parcel,the proposed construction doubled the size of the house. Regulatory permits and a building permit(#28462) were issued. • DiBartolo obtained a Special Exception approval for a B&B use in 2003. During the Zoning Board hearing the separate parcels were recognized, the Special Exception was issued for the house parcel on one acre. There is a legal opinion in the file and testimony at the Zoning Board Special Exception hearing that the house lot and the farm lot did not merge since the house parcel was one acre. • Both the Building Department,the ZBA, and the owners treated the one-acre parcel separately from the farm. No one raised the issue of"lot recognition" since the parcels had appeared to be separate since the town assessors began keeping records in 1968. • In 2006 DiBartolo recorded separate confirmation deeds to memorialize the prior Diachun split as evidenced by the separate tax map numbers. Since the house parcel was one acre the parcels were exempt from merging • In 2006 the applicants herein, Joesph Gebbia and Teresa Dunn became the owners of the two parcels. Separate deeds were prepared and conveyed to the current owners. Joseph Gebbia owns the farm and Joseph and Teresa Dunn own the house. VI. The Town Building Department continued to issue building permits to the new owners. Each permit had to recognize the house parcel separately from the farm and Building Permits were issued under separate tax map numbers of the separate parcels: • In 2008 Joe Gebbia and Teresa Dunn,applied for and were issued a pool permit on the house parcel(BP#33717). • In 2012 Joe Gebbia was issued a building permit to reconstruct a 61' x 24.6' barn for the farm. A Trustees wetland permit was also issued prior to issuance of the building permit. VII. Each application to the Building Department and permit issued by the Building Department, and the B&B Special Exception approval granted by the Zoning Board were issued for the one-acre lot. In addition, the Trustees and DEC issued their wetland permits for the alterations to the house on one acre. Since 1968 the Town has recognized each parcel separately. LAW The Town Code states that a lot is not"recognized"by the Town if a deed is not recorded at the Suffolk County Clerk prior to June 3, 1983. This is an arbitrary date chosen as a"cut-off'for described properties. The lot recognition code was adopted due to the many described parcels in the Town of Southold which were created prior to and after adoption of zoning (1957)and based on common "practices"by landowners. This was particularly common in the farming community when the farms were taken over by the next generation of farmers. The recording of a deed prior to June 3, 1983 does not describe how lots can be created under the law. The Town of Southold was established in the 1600's and Real Property Law authorizes the conveyance of land by wills, by court orders, by reservations in deeds, and by owner's, in farm families prior to Zoning or Planning Board subdivision regulations,prior to the Planning Board minor subdivisions were recognized by the Assessor's Office. Splits(set-offs)were documented on the property cards merely by tax map numbers. The Diachun family split the farm from the house,as was a customary practice in the farming community, for their children in 1935 and"recognized"by the Town since 1969. The"split"by deed did not occur until DiBartolo recorded his confirmation deeds in 2006 prior to selling the properties to Joe Gebbia and Theresa Dunn. The New York Courts have held that the municipal permits issued for a parcel sanctions the subdivision of a parcel. The Diachun parcels were split in 1935 and then ratified in 1969 by the Assessors when the Town began to document the parcels with property cards and the County issued tax map numbers. Prior to the current determination of the building inspector that the lots are not recognized, numerous municipal permits were issued to prior owners for each property by different boards and at different times for many years. The Zoning Board must reverse the building department's denial of a building permit and the Building Department must issue the building permit based on the following case law: In Cuffaro v. Zonine Board of Anneals of the Village of Bellnort(Index#620453/2021) the Suffolk Supreme Court reinforced the existing and binding case law that a municipality's issuance of a building permit to a similarly situated lot effectively sanctions the subdivision of that property by deed without the requisite subdivision approval. In Cuffaro the Village had issued five(5)certificates of occupancy for various improvements since the deed split in Jqod- 1978. The issuance of the multiple permits sanctioned the creation of the smaller lot which was not required to obtain an area variance and the Village could not use the alleged"illegal" subdivision as grounds to deny the application for a building permit even if split was done without required municipal approvals. Cuffaro affirmed Lund v. Edwards, 118 AD2nd 574(2d Dept. 1986)where the town sanctioned the subdivision done by deed by issuance of building permits for one of the two lots, whether or not it had complied with the subdivision regulations when created. As in the Cuffaro case, the Town of Southold has issued permits to each parcel. There have been multiple building permits for significant alterations issued for the house and in 2003 the Zoning Board granted a Special Exception for the B&B use of the existing house on the one-acre parcel. In 2012 the barn on the separate farm was reconstructed with a Southold Town Trustees wetland permit and a building permit. The building Department cannot now deny issuance of a building permit for construction on the farm parcel claiming that the house and farm lots are not legally created because there is no "deed for the separate parcels dated prior to 1983". CONCLUSION The Zoning Board of Appeals must reverse the Building Department. The Town cannot refuse to recognize the two lots in 2023 which have received multiple permits and regulatory review and approvals. The two lots have been separately assessed since 1969. The Building Department issued multiple building permits for alterations to the house and construction of a pool on the separate one-acre parcel. The Zoning Board reviewed the one-acre house parcel when the B&B application was reviewed. The B&B application caused some controversy in the neighborhood because the access was from Condor Court(a Public Road)and neighbors objected. Each parcel has separate entrances,the farm with separate deeded right of way to the Main Road and the house access is at Condor Court. The parcels are separately owned. Based on the facts and the law, the Zoning Board must reverse the determination of the building inspector. The house and the farm were recognized as a separate parcels since 1969 (when the Town began record keeping of parcels) and thereafter issued separate tax map numbers by the County. New York case law overrides(Town Code 280-9 (A) (1)) "lot recognition"in this case. ` 1 Exhibit A R TOWN OF SOUTHOLD PROPERTY-RECORD CARD OWNER' STREET _;%s 'VILLAGE DIST. SUB. LOT '; 'r'.�.._.._..._.� t'� �./'�t,L�. 'I j➢ .e�. o x '`,,..-�Y;;: �_ ,t t• P I I - _ _ f FORMER OWNER" N E ACR. I 4-,4; -: - S W TYPE-OF BUILDING1 71 RES. s: SEAS.. '- VL. FARM COMr:1. C B. MICS, Mkt. Value L LAND IMP. TOTAL DATE REMARKS--------------- of Sof � is .y.• >f �tl°�. P..P;� r'�; „) �� y y.: :3 sP �;-�+ ?J, `Ml:?r�.. - .-;' e'�.:fr'{ice :/l r F..-r. 1.J1`:..r:J i�`/,i�:�. 'i•!�9 '.s:l�:" i t•. 5 Tllloble FRONTAGE ON WATER Woodland ' i FRONTAGE ON ROAD Meadowkm I DEPTH House Plot I f i `; ` BULKHEAD Total i Ng TOWN OF SOUTHOLD PkOPERTY RE_ co OWNER STREET VILLAGE DISTRICT SUB. LOT FO OWNER N� E ter" ACREAGE :S ..t. W TYPE OF BUILDING �- RES. SEAS. VL. 'R COMM. rIND. CB. I MISC. I Est:Mkt. Value LAND IMP. TOTAL DATE REMARKS - _ f AGE BUILDING CONDITION 1 NEVI'• NORMAL BELOW ABOVE FRONTAGE ON WATER Form Acre Value Per Acre Value FRONTAGE ON ROAD Tillable 1 r . ! .•. / -- BULKHEAD ,Tillable 2 DOCK Tillable 3 Woodland _._ .--- -- ---•----•------- ------•----------------------= ----.— Swampland Brushland HousePlot .. - - ---------- ----------- - ----•-- - - . _ .. . .. Total COLOR ,{ ( TRIM -i- 1 7- I _ El i 1.17 �• :'tr`d":i.w.' �:4'Fy.'+:Y.�.st2:'''#.- '::• `� {.F:-{�"��:. ?t�'4vt v�.l;a:.�'!`.�C�c,�.a��a s1>�.}�?; ,Sr; :s.'a ysrgf�,a.' ,_'i.+:';,�'�..,`>"e'4i" ..4r4y;_,i�.��+•r - _ — _ _ � •i -i,' .;tAi;:.'r...i','.,"tFi`;ip^'t' .�,r,<..wit;,•ui-�<�•�;�i4?;i_I;•:y'-.?-rii��?�'i '•`*'"k�a:r��;•�,ti��.•arfu'-,' �f. - - - - - ((3,e .,-.:+. •i..:.,�5n..t(�"it�''�`'i.;`�:ki�f4ey:' �t;K ��y���".��'yr �.�ir`..:.�•`.Ss�� •i• ..— , rT1i,•�.si+-�--e�'ti1w•.•.dhj•{J•.G�iG-2.$M .tfi:Y2ifij���i3�Lf::Sll'.�itET•�a w �-rlS:t+t^• ai'. - _ r 127:3-6.4 7/21/2022 Extension • - - . - •;. - i J�'�;'( ;° �r. - -- Extension -•i�- ' Foundation Both S Dinette Porch /.Basement Floors �, l f l K / ..... S3 9ails ' Interior Finish L'R. Fire Place r Heat /,: DR. Breezeway '` ��' - - - - w: Type Roof �' :, Rooms 1st Floor BR. r Recreation Room Rooms 2nd Floor s;,- ; Potid / FIN B + ' O. B. -z:a k 1 1.i�'5T Dorm er Driveway 1 I 71 i. M. Bldg. E _ 4 .' � Foundation r C '3 'Floors Extension J~ - t' Basement i Extension ' Ext.. Walls j,'. .Interior Finish i Extension I `ire Place t leaf j i Porch; �:Roo` Type h1 Rooms 1st Floor Pore ' Breezeway ' ' io . :-Doris 2nd Floor Garage j Driveway- �— i Dormer O. B. - _ ---— __— ---- - — — - l NONE Rm ■it ®®®■■®®®■®�®®�■■®■■■■®■ •• • • • ®®® Y• • F- BasementFloors Ext. Walls • Fire Place Heat • • Woodstove . •ck TOWN OF SOUTHOLD PROPERTY RECORD --- VILLAGE DIST. SUB. LOT= O NER STREET `� I _ ,.. •1 . , FORMER^OWNER N 1 I E ACR. " S W TYPE OF BUILDING RES. y ,' V-. SEAS. VL. FARM � _ COMM. CB.- MlCS. Mkt.-Value LAND IMP. TOTAL DATE REMARKS if i_ 1 i' .,_� � •�- .� .`l tr'7.;!- ,�:' :; • �• �j i rat a - Irl .�.� i` - •'h:E !:�. t;;.;�j:!) - .7 �/.i�1 �.t}J':.•�!t. '�`.� L. AGE BUILDING CONDITION NEW NORMAL ! BELOW ABOVE FARM Acre Value Per. ValueArgg - i -_ Tillable ( .� ' FRONTAGE ON WATER Woodlond I I FRONTAGE ON ROAD Meadptlagd I I.... r. DEPTH House Plot BULKHEAD DOCK Total! COLOR l_`�` s �a... TRIM f%i•' .. IM T DIa I . 71 ,...- ,- r — Extension Extension Foundation Bath Dinette Porch Basement Floors K: Porch I Ext. Walls ; _ Interior Finish Breezeway Fire Place ) 4 Heat DR. s¢� Garage (Type Roof Rooms Ist Floor BR. Patio ! Recreation Room Rooms 2nd Floor I FIN. B = i O. B. Dormer - -' - Driveway Total I i ;.• f: J Exhibit 0 ASSESSMENT ROLL 413 TOWN OF SOUTHOLD, SUFFOLK COUNTY NEWYORR_ REAL PRoreRTY. " . 3!@0-199'O - .. . DATE FILED................ .�:,„_...._.._,_:...�:-.,..,_,-:..._.....•._.-._. om l..l pm.rn A.nn cr P.anoil DISCRI►TION OF tROIIRTY ' I O.rKr.M Yfl/�Q NWntl — fy�l V.I.r 'Anneal e An^Crf—e[R�1 uawr.i.um1.Twn. at'". of MY l t lull vYu1 3 1! °Burtil OWrlw MI 14aUw or Daunau4. I 1 Aaa. preen! 4rmD- I IsIIA. Now J a.Iwro k. I Y Nb.pl Drb p Ll� j 6lxA I 4rr..ar .I[uAEirp � It I[AW V ��m iPAUL 0 COT)"), A PP -H-PECO:ITC DAY I"D A OAK PLACE B-DA'AID C PALTER SEA YABSAPEOUM1 N T S-PE004IC BAT 1/2 At 7809 1 YYDOI I 4600 �I i 1 11 11 3O 47 71 133 9-J O'BULLIVAN YERNON It COE k I, 1 N-VEHTEAU TOT VCT 3DOO ( II II 66 COURT BT¢O'FLTN A YYR[TY q_D Y p6ASONA - R1 �1 ! BROOKLYN N 7 '`9-pECONJC BAY DLVD 1/4 AC 401� 900E Y100 7810 1 11 Ll'r9 46 71 13U I_noREST Y ZAJIC 1 ALBERT C CRABTREE A IF H_pE9 eAT DLVD Q{ 7D OARD hYC E-C C 59I78 R1 9 l DRDR:YILLE II 7 M-PEOOIIIC BAY 4/S AO 240 - 3900 7811 r 3 I 1 It 11 30 47 71 133 W.A OATEVOUS3 - ALBERT O CRAL N-10$L CASTER PT65166 1 i DDx 96N E-D29T 9 R1 f Y4TTITOCK N Y• 8-YART YCASSET 1/3 AC 00 4900 7812 1 it II 30 46 71 X36 I-YAOLENE LARK I OR CH R ANN DAVIS N-PCO BAY OL7D I SOU C-A 4 BATTENFIELD AL [ j• N Y 1 11 it 30 47 71 IS9 w-CEOCO310 DAY' 3/e AS 160 4600 7813 � Of000D Y DIL79LC EF N-A O MOUE - �• 'i 16 LANDING e0 E-L K S'JITH Al I' L OLEN COVC N Y 11342 B-PEOONIC BAY BLVO 1/3 At Boo 3100 7814 l H 11 30 46 T1 136 K-OE9 J DLATK i - LUCILE V DEVPZET N-ALBERT L04O0 114-76 SANEDAD AVK E-NOATON CREEK VL9 ILUMOtma K Y B-C C M000319K 113 At 700' 700 7815 7 }' 7 1 R 11 30 46 71 136 I-ALAO DR LOUIS DEDALLC H-DIDT 9 • - ! 330 4 LS7TLE NECK PK7 [-ALBfRTA n TOUXO 7 t LITTLE NECK N T B-DAIX BD 49.556 At 410 16400 7918 � 8 1 11 11 30 46 71 136 I.T01N LINE 1 i LEO'DEACNUM K_Y - Ow SCHOOL RDUIE,AD C-A IILCENSK3 V1.9 CUICHO 01111 7 e-T 0 DIACHUN 3.4 AO "C 700 M17 1 It it 30 46 Tt 136 I-BRUSH CREEK - qS BAY DIADHYN' N-AAILAOAD - - -- E-STEPIIAHI 6AKICKI • YL9 , 1 H 4i 30 46 71 136 K-LEEDS-IDIAUBRUN MOO- At' 350 7700 78I8 10 any D3AC111R{ N-YART DIACHUN C i LAUAYL E-YART DJA 01 CHDN .At N ' t J T.11940 a-YAIY DIACHUN . 6C 7819 30 2900 11 1 11 11 70 46 71 236 R-YARY DIACHUN - ° `.I NAVY DiACH'JN N-OTACHUK-SAIICKI -•` - / E-A hI6CEI7811 VL9 1 N 7 - O-L PIACDUN 3 112 At pO - too 7820 12 - i• - 1 N 11 30 46 71 136 K-BnOBN CREEK A. • ILIt A P IT U LAT 104 ur01�9.?3 Tp7ALS ' P.9 V.Iro p.—Av. e.4. SIN Vah. - ft.*s lu - - r-V.I4 T.a RADI. —[nmallm. - NII P.ly,lqf.[Atlµ -- -- t 1G '2 3 (� -=_F-0O— z7Rnn 90o 504008 t' 415 ASSESSMENT ROLL TOWN OF SOUTHOLD, SUFFOLK COUNTY NEW YORK NFAL PROPERTY 1866.1870 OAT[►ILIO.................. o•m..tw aro.n dMrs N.noA OESCRIITION CItROP[0.7'Y O)Nul 1 ! _ �.� ,,mom A tRVN.U�Mnw�GOvoll.lvnp, WII V.1v. A emmt t�f\ RMI.1 Dbti4U AH ISID N.v.+x MonEu4t I R.welm 1 j Int.NEU. Pvwl I rt,P• PYVVA)> 4ttep- .A AU P. Nundn I 1 a(EW 161M I tf..!Au : TNYODOKR O DEADI'UN. N-MAZY DIACIIVN I I I L'AURCL S-S BARICil VL9 f` M Y 11941) S-MARY DIACHU11. 3.3 AO {i+ 706� 700 7821 3 I H 11 30 46 71 136 'Y-ORUBII an N i ,.211T0➢OZP.O-DIACRIM A If N-71i¢o.OIACNUN TOT VET S '}VALLEY DAS'L.B1MK E-R04LI110:000 EST 0400 nl ODEEHPORT N Y 11944 B.TUEODORE DIACDUII 114 M1C 900 .1060 7400 It _ 7822 ? a 1 U 11 30 46 Tl 136 I-TlIEODORE OIACHVII I _ r a =THEODORE 0 DIMON R-Lc0 DnccauN I 1 LAUREL E-RDLLE11T90➢?SST-116CVISNI VL9 t • H Y11949 S-PEC SAT BLVD 10 1/4"AO 3200 3200 - 7823 ( 3 1 R 11 30 46 71 136 F'-DSOSHES CREEK-DRISCOL 4 t@EODORE O:➢tACINH!BY N.o!T➢7AC4U9 •4AURA7r E-JAYE6 ORISCOLL VL9 II T 1194E 8-PECO:ILC BAY BLVD 3/4 AC LOD 100 7824 Er Q 1 H 11 30 46 71.136 I-JAPES RURRAY RALPH DURtHSON A if - N-PEC DAY DLYD-RARREN I ) 120 LONG On E-M 9 PORELL YL9 HEIAPPTEAD N t lIP30 S-PEO BAT .90 AO 2400 2600 7825 l 5 IN 21,304771 135 V-P J DARREH ROBERT DIELENVERO A IF 4-CIIA8 DOEDHER WITHOL➢SAYIN03 DANK E-DIST 9 R1 i SOUTHOLD N T 11971 B-ALEIAHDER ALECK 1/4 AO 30 3100 7826 LL 1 U It 30 46 71 136 I-MARLENe LANE V i JACK DI 0107111I0 A If N MATT BUILBIRO CORP S - 15 HOKC ST E-A 11 PATTERPON 'R1 1 RUNTINGTON STATION N T 1174E 8-C RiIITON .22 AC 60 1600 ,.7827 1 U 11 30 46 71 136 I-A BRISOTTI - SALVATORE A DILELLO!YP N-GUYS POSPT91L }NDRT4 FORK DANK!7R g-A HRISOTTI BEM1O c MATTITUCK 11 T 11952 8-ROT J ROSS 1/8 AC 60 8400 7828 t4" - 18 11 30 47 71 135 V.PRIYATE RD P _ I •. MNA MARID DOnERIT N-BD11LEYAR1) BB BROOK ST E-A.I ATSH R1 ,'' OARD[N CIit N Y 11530 S-DO4 LD CLARK 11A AC 13O 7100 7829 e -yI 1 H 11 30 47 71 135 V-LRON MUIIIEN 7 �. JARES J DRISCOLL A NY H-O!T DIACIIUB - p F RIVER!IEAD SAVINGS BANK E-O!T DIACIIUM R1 7pdU a jIZYfRNfhD X T 1 11 41 30 46 71 136 1-SEFZ1AC DAY BLVD 1/2 AC 7O 450E V 10 OENJAUZN h ED3ARD0 A IV H-K TUTHILL 1363 VANTAON AYE E-V A SUPIIII V119 e i _ VANRAOII N Y 11793 P-VASSON A OnS 212 AO 40, 4O0 •'7831 '•� {' ' 1 H 11 30 46 71 116 V-DELLS ROAD-RT Of fAT {} _ EDIXH A MILERS A TV N-PEC DAY BLVD 1BG2 BABAL VALY OR E-D TNOET RL r ➢OCA RA ILA 3343E B-D TOO" 1/2 AO 1001 4900 7632- 12 1 11 11 30 47 71 135 V.0 J LICNULTY ESP ; l RI C A P I T U I.A T ION- 3Sa9•�/- TOTALS -.tbGt -rW 19* I- pnoy0w - CPAs IaR VA. 1 .-Pu.P) rW vnw I.M 6k1). AkemPIM - M1D Vtla,iwe.DlAtt% 13.5 I l7ocle I !^6nn SDPo }Bn11nN - Memo to the Zoning Board of Appeals eCelVeCj Appeal#7902 From Patricia C. Moore, Attorney at Law MAY 2 Dated: 5-23-24 �`��� Zoning a0a, Re: Lot Recognition 1000-127-3-6.2 & 6.3 (now 6.4 & 6.5) ISSUE: Joseph Gebbia hpplied to the Building Department to convert one of the barns to a dwelling on the 16.8 acre farm parcel. The building department advised Mr. Gebbia that they cannot issue a building permit on the farm parcel because"the lot is not recognized", as there is no deed filed prior to 1983 for the separate farm lot. However, since 1969 the Town of Southold has identified two separate parcels and over the years issued numerous permits for each parcel recognizing that they were separate. In spite of the existing history of town approvals for these respective properties,the building department has now determined that the farm parcel and house parcel are not"recognized"as separate parcels. REQUESTED RELIEF: Reverse the determination of the Building Department and recognize the two lots created in 1969. In 2006 Teresa Dunn and Joseph Gebbia purchased the residence at 475 Condor Court(lot 6.4), a former B&B, on one acre (200' x 200')with access to a public road, Condor Court. Joseph Gebbia purchased separately a 16.8 acre farm off of a right of way to the Main Road and described as 2146 Rt 25,Laurel (lot 6.5)with two barns, accessory buildings, and the Cranberry Bog(freshwater and tidal wetlands)which had been a farm since 1903. Basis of Denial of the Building Permit: Town Code 280-9: A. A lot created by deed or Town approval shall be recognized by the Town if any one of the following standards apply and if the lots have not merged: The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30, 1983, and the lot conformed to the minimum lot requirement(s)set forth in Bulk Schedule AALU as of the date of lot creation. B. All lots which are not recognized by the Town pursuant to the above section shall not receive any building permits or other development entitlements. FACTS SUPPORTING REVERSAL OF BUILDING DEPARTMENT: Based on title records and Estate proceedings the facts are as follows: I. The farm can be traced back to 1903. • The parcels were acquired by the Diachun family in 1924. Mary&her husband George had two sons (Leo and Theodore). In 1935 George Diachun conveyed to his wife,Mary,the property which included the house and barn. The Diachun family treated the property as if they were legally and properly split. The sons ran the 15-acre farm and Mary lived in the house until her death in 1984. The Diachun family treated the two parcels as two separate and distinct parcels. II. Throughout the years that Mary owned the house, she believed that the parcels were properly split as is evidenced by the following actions: a. Prior to creating the property cards,the Town of Southold began by mapping the properties and preparing what the Assessors called"The old town maps". The Assessor's Old Town Map of the Diachun parcel originally failed to identify the separate one-acre parcel with the house. In 1968 the Diachun family went to the Assessor's office and asked that the one acre(200' x 200') be created as a separate parcel. The Town memorialized the lot from the farm by identifying the two separate parcels with two separate property cards and two separate assessments. One card showing improvements(the original house)known as tax lot 6.2 (later 6.3 and now 6.5). The farm parcel with barns known as tax lot 6.1 (now 6.4)consistent with the family's split of the house from the farm in 1935. Copies of the respective property cards are attached as Exhibit A b. Mary Diachun died on June 3, 1984; her two sons inherited the two properties. The estate administration proceedings listed three properties owned by Mary Diachun which included the house and farm as two of the three parcels listed in the Town of Southold. c. The estate proceeding was delayed when both sons died during the administration of Mary's estate. Thereafter,the wives of each son became the successor administrator of the estate of Mary Diachun. The Estate Administration was not completed until 1994. d. The surrogate's court proceeding describes the two separate parcels by separate tax map numbers and an address off the Main Road. (Condor Court was not developed yet). The house parcel was listed separately from the farm parcel. e. The Estate of Diachun sold the house and the farm to DiBartolo in 1994. A copy of the deed for each parcel is attached as Exhibit B. f. These are the first deeds out of the Diachun family. g. As far as the Diachun family understood,the Town recognized the separate parcels, and they sold two properties. h. Each son's estate received the proceeds from the sale of the separate parcels. III. The two parcels were identified as separate parcels since the Town began the assessment records in 1969 and the two parcels were listed as separate parcels on the assessment roll. (Exhibit B: assessment roll) (Exhibit A-Separate property cards). �d IV. The Planning Board did not begin subdividing"set-offs"or minor subdivisions until 1971. Prior to 1971 farmers split the farm by means other than by deed. The farm families would inform the assessor's office that the family had split off the house from the farm typically when operation of the farm was taken over by the sons or by death of the farmer. In Diachun's case the separate lots were documented by the Town Assessors assignment of separate tax map numbers. The house parcel was a 200' x 200', a one-acre parcel. The balance of the land and meadow were part of the 15-acre farm. V. The Town issued numerous regulatory permits to the prior owner for each parcel without claiming that the parcels were"not recognized" as separately created parcels: • In 2000 Nicolo Dibartolo began obtaining regulatory permits from the Trustees and NYSDEC to build a second floor over the existing dwelling.The plans and survey showed the one-acre parcel,the proposed construction doubled the size of the house. Regulatory permits and a building permit(#28462)were issued. • DiBartolo obtained a Special Exception approval for a B&B use in 2003. During the Zoning Board hearing the separate parcels were recognized,the Special Exception was issued for the house parcel on one acre. There is a legal opinion in the file and testimony at the Zoning Board Special Exception hearing that the house lot and the farm lot did not merge since the house parcel was one acre. • Both the Building Department, the ZBA, and the owners treated the one-acre parcel separately from the farm. No one raised the issue of"lot recognition" since the parcels had appeared to be separate since the town assessors began keeping records in 1968. • In 2006 DiBartolo recorded separate confirmation deeds to memorialize the prior Diachun split as evidenced by the separate tax map numbers. Since the house parcel was one acre the parcels were exempt from merging • In 2006 the applicants herein, Joesph Gebbia and Teresa Dunn became the owners of the two parcels. Separate deeds were prepared and conveyed to the current owners. Joseph Gebbia owns the farm and Joseph and Teresa Dunn own the house. VI. The Town Building Department continued to issue building permits to the new owners. Each permit had to recognize the house parcel separately from the farm and Building Permits were issued under separate tax map numbers of the separate parcels: • In 2008 Joe Gebbia and Teresa Dunn, applied for and were issued a pool permit on the house parcel (BP#33717). • In 2012 Joe Gebbia was issued a building permit to reconstruct a 61' x 24.6' barn for the farm. A Trustees wetland permit was also issued prior to issuance of the building permit. VII. Each application to the Building Department and permit issued by the Building Department, and the B&B Special Exception approval granted by the Zoning Board were issued for the one-acre lot. In addition, the Trustees and DEC issued their wetland permits for the alterations to the house on one acre. Since 1968 the Town has recognized each parcel separately. LAW The Town Code states that a lot is not"recognized"by the Town if a deed is not recorded at the Suffolk County Clerk prior to June 3, 1983. This is an arbitrary date chosen as a"cut-off'for described properties. The lot recognition code was adopted due to the many described parcels in the Town of Southold which were created prior to and after adoption of zoning(1957) and based on common "practices"by landowners. This was particularly common in the farming community when the farms were taken over by the next generation of farmers. The recording of a deed prior to June 3, 1983 does not describe how lots can be created under the law. The Town of Southold was established in the 1600's and Real Property Law authorizes the conveyance of land by wills,by court orders, by reservations in deeds, and by owner's, in farm families prior to Zoning or Planning Board subdivision regulations,prior to the Planning Board minor subdivisions were recognized by the Assessor's Office. Splits (set-offs)were documented on the property cards merely by tax map numbers. The Diachun family split the farm from the house, as was a customary practice in the farming community, for their children in 1935 and"recognized"by the Town since 1969. The"split" by deed did not occur until DiBartolo recorded his confirmation deeds in 2006 prior to selling the properties to Joe Gebbia and Teresa Dunn. The New York Courts have held that the municipal permits issued for a parcel sanctions the subdivision of a parcel. The Diachun parcels were split in 1935 and then ratified in 1969 by the Assessors when the Town began to document the parcels with property cards and the County issued tax map numbers. Prior to the current determination of the building inspector that the lots are not recognized, numerous municipal permits were issued to prior owners for each property by different boards and at different times for many years. The Zoning Board must reverse the building department's denial of a building permit and the Building Department must issue the building permit based on the following case law: In Cuffaro v.Zoning Board of Appeals of the Village of Bellport(Index#620453/2021) the Suffolk Supreme Court reinforced the existing and binding case law that a municipality's issuance of a building permit to a similarly situated lot effectively sanctions the subdivision of that property by deed without the requisite subdivision approval. In Cuffaro the Village had issued five (5) certificates of occupancy for various improvements since the deed split in 1978. The issuance of the multiple permits sanctioned the creation of the smaller lot which was not required to obtain an area variance and the Village could not use the alleged"illegal" subdivision as grounds to deny the application for a building permit even if split was done without required municipal approvals. Cuffaro affirmed Lund v.Edwards, 118 AD2nd 574 (2d Dept. 1986)where the town sanctioned the subdivision done by deed by issuance of building permits for one of the two lots,whether or not it had complied with the subdivision regulations when created. As in the Cuffaro case,the Town of Southold has issued permits to each parcel. There have been multiple building permits for significant alterations issued for the house and in 2003 the Zoning Board granted a Special Exception for the B&B use of the existing house on the one-acre parcel. In 2012 the barn on the separate farm was reconstructed with a Southold Town Trustees wetland permit and a building permit. The building Department cannot now deny issuance of a building permit for construction on the farm parcel claiming that the house and farm lots are not legally created because there is no "deed for the separate parcels dated prior to 1983". CONCLUSION The Zoning Board of Appeals must reverse the Building Department. The Town cannot refuse to recognize the two lots in 2023 which have received multiple permits and regulatory review and approvals. The two lots have been separately assessed since 1969. The Building Department issued multiple building permits for alterations to the house and construction of a pool on the separate one-acre parcel. The Zoning Board reviewed the one-acre house parcel when the B&B application was reviewed. The B&B application caused some controversy in the neighborhood because the access was from Condor Court(a Public Road)and neighbors objected. Each parcel has separate entrances,the farm with separate deeded right of way to the Main Road and the house access is at Condor Court. The parcels are separately owned. Based on the facts and the law,the Zoning Board must reverse the determination of the building inspector. The house and the farm were recognized as a separate parcels since 1969 (when the Town began record keeping of parcels)and thereafter issued separate tax map numbers by the County. New York case law overrides(Town Code 280-9 (A) (1)) "lot recognition" in this case. I //fA(D Exhibit A �.•-___, ,.-.:.._._ .�. ..." - ..__..�..�...-_:--.`;,o...:>-,-v :.�.x:. -._a...-v:�. ...i-M��-�-.i- r�i.e.-.+_."n..�-wa.:. ..;5 aL��';�'�=..�'...rf....a..-..-�._ - .. _ �-...,....._.'._-_. .n.��.,•-�.-..w..n _ ,..--_.. "--..J�. TOWN -'OF SOU.Ty OLD PROPERTYn==RECOIRD CARD OWNER' STREET ram`L11 VILLAGE DIST. SUB. LOT 'FORMER'OWNER N E ACR. Ho S W ',TYPE OF BUILDING Ioi,l LrG!( 1.! l'� .l3� � tP`jt)i7, 4% t� ', ci� ,`? a x'is /' p C. I .tES. � ��SEAS.,�i!�,�: VL. FARM . COMM. CB. MICS. Mkt. Value :LAID IMP. TOTAL DATE REMARKS !caul 4-Ll l ini'r �' r`_ i6 kil? ZS-, &a ~Wr;14 'w "! � %L l f t J T' I y,"- I j1 C't .1. r o f _ J l ` / ? mrir'( q`L 2�-/ ,� �s\,� 0 1 * In r e^z 17 ' 7l. r0.r, C fP F�l�,r'� ��,' av I 00 Tillable ' \ a i FRONTAGE ON WATER Woodland ' �} ���f'j FRONTAGE ON ROAD Meodawland DEPTH House Plot BULKHEAD r Total � ��-SC,� ���� 7/�„ 1 TOWN OF SOUT140L DP'�6PERT' Y RE CO OWNER STREET VILLAGE DISTRICT SUB. LOT FORMER OWNER N E ACREAGE S Wy TYPE OF BUILDING RES. SEAS. LAND IMP. VL. (FARMIND. CB. misc. Est. Mkt. Value TOTAL DATE REMARKS 19 AGE BUILDING CONDITION NEVI' NORMAL BELOW ABOVE FRONTAGE ON WATER Form Acre Value Per Acre Value FRONTAGE ON ROAD Tillable BULKHEAD .:Sable 2 DOCK Tillable 3 • Woodland Swampland Brushland House Plot Total COLOR TRIM '7�' );i'�J f1 TFI+ .r{ ,..rn+,........ *ask r;a6 f{°Jw .i ,�'1 a I I I -A 1 1. 1 1 1 syt fi4 `e IAN --- i MaMw nift,3 4 .- 02'C S r�4.P. a �`•�;;i..jl3�?�u�,;,Y.i,}`ri:'a���ii1�31.yi3...3�l�caf.�a`.R� — 127:3-6.4 7/21/2022 127:3-6.4 7/21/2022 Extension ! t? �` ' j .`? JY 26 Extension a L4 ensio�rr t' f -}r 1 Foundation Both S (Dinette \ ) l' =1- '� ri1 l y Basement Floors ��� { I I K. — Poi,ch h+c:` S3 7 C- -�c� Ext. Wails !�_!Y Interior Finish LR. �, �"�PL n x - ^;f 7 (Fire Place , ?ol -_ Heot '��- r -. DR. Breezeway Type Roof �\'c7 Rooms 1st Floor BR. --7Patio Recreation Room Rooms 2nd Floor � .��1i, FIN. B Dormer Driveway TQJGI .I t "to,tAl _ ----- - i °3 i M. Bldg. � 1 h '�:._.k_s ... _, �•g•, _� i C{ Bat Foundation f Extension ' 7 , /.�•`� Basement � 'Fioa-s �� ,• E,ctension i Interior Finish �ct Walls !'ya extension i ; =ire Place i /.'.a•'-. Heat ff Porch Zrso Type I :� ! �G, Porch1 Rooms 1st Floor Breezeway :Patio i — Rooms 2nd Floor Garage j Driveway Dormer • O. B. ■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■ . .- '1;71 L .• � ■■■■■■■■■■■■■■■■■■■■■■■■■■■ • R 9 ■■■■■■■■■■■■■■■■■■■■■■■■■■■ , ► ,„�i ■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■M■■■■■■■■■■■■■■■■■ ■■■■■■■0yE9 !■■■■■■■■■■■■■■■ ■■■■■■■HiZ'NMiSzz■■■■■■■■■■■ ' F '• ■■I� � ■■■■■■■■E®®NI■■■mN■■M■■■ t . :.T _ z' , _ ■■� ■■■■■■■■■■®U■■■■■■■■■■■ ■i�®i■■■■■■gin■■■■®■■■■■■■■■■■ Foundation FULL ■■■■■■■■■■■■■■■■■■■■■■■■■■■ COMBO Basement CRAWL PARTIAL SLAB .. Ext. Walls Interior Finish Fire Place Wood stove Dormer ... MAIN TOWN OF SOUTHOLD PROPERTY RECORD '7 ==61=S�TT. S�U7B�. UOT �� VILLAGE I � OWNER STREET 4� 7 �3�_. I . _ V I FORMER OWNER N y E ACR. s W TYPE OF BUILDING _-_'rnj r'A"c_�-t-Vf' COMM. C13. MICS. Mkt. Volue )RE'S. SEAS. VL. /FARM LAND -IMP. TOTAL DATE REMARKS ID r7e) 0 ff * 7_z/ / 4'7-n 0 o- _.L 7— 19 W V u 0 Q& 6ebbi Y?n 9 fit t7o REV I L J AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Vehw-Per- Value FRONTAGE ON WATER Tillable Woodland i FRONTAGE ON ROAD Meaq*orA, I ^ DEPTH House Plot I BULKHEAD Total A- DOCK . M COLOR TRIM `; Eli .(�f'pol,i "u�l';•�i � ��;�`II'�;� �� . r!�!!.y"•t:"' e. Jai' .;is,H:�,t:'•�. -wi�a =•:sty'.'...,..."."�;..•�-�"`4i-4 ,-. -r,�,.. ;i '♦'."' .`�.e `�- 1 / i 4�. ra. ,N 4:�ti•F.�VCd.« Ta�y,,,t2 ,k..� <. 'w'.�• (1 - .slre..:....�:��+we.�-: �-;:3�:�3�^`�--•'`.,,;.•.;`wyY�,��'�,71:�::•F�..r t:°�sY- y-�T,�- - j '3.7�:::,•.'..��-�,a,`i3:.k..4.:_`.-°layaur'..fd_'�-�'�..�y'�;y�jY��`�°.•.- /� .— 1 I I Bsd9 r Y Y j— 121 S-C I I i Extension Extension Extension Foundation Bath I ' �L �T , Dinette --'Porch Basement Floors , K. Porch v i r • � I Ext. Walls "' %el" , Interior Finish LR. Breezeway Fire Place Heat DR. Garage Type Roof Rooms Ist Floor I-BR, Patio Recreation Room Rooms 2nd Floor I FIN. B O. B. Dormer Driveway ' Total I Vv� Exhibit B 413 ASSESSMENT ROLL TOWN OF SOUTHOLD, SUFFOLK COUNTY EW YORK REAL PROPERTY DATE FILED............................_............ ,.................... ,. _ oaneq lest 34saYn OmleA or IVpi1E0 DESCRIPTION OF PROPERTY - ➢4ner mE Aca111sQ na u PNI YNuo Amnwt T_- - ArtnOrT• Court, p1Y•3D1[p. OlnnckL ➢t Anl Of Poll YQua C/``'_ 8elwolr 1C,paNr N C All AIDp Nee O ar DWnEWks tRap• P ohrly EyaNp• I er DI.. PIURI d _ 414c1e1➢LWIn1e ,Y 1 e3elu+IrO IIA. nvn'D. Npmbr I N 1nd!zCd Deluv p bL+ i 81aek I nerte or' e!HUIl41n0 It 4ny I V Dlmemloal PAUL 0 COYNE A EP fl.m urc DAY CLVD i F ROAN PLACE E.DAVID C PAjIIER SEA ,I MASSAPEQUA N Y S-PEQOHIQ BAY 1/2 AO 9200 I '4409 7809 1 ll;1 30 47 71 135 U-J Q'SULLIVAH + VERHOH R CO$A OF H-VEtITEAV TOT VET 3000 66 COURT ST%O'FLYH A VERITY E_0 0 PARSON$ R1 1 BROOKLYN N Y 0-PF.CO:IIC BAY OLVD 1/4 AC 40 f 900 2100 !810 1 it 11 30 46 71 134 0-HOSERI M zAJIC ALDERT E CRA$TREE A qF q-PEQ BAY BLVD 30 GARD AVE E-0 E SMITH Ill _ y DRONXVILLE 11 Y $-pE00NIp DAY 4/5 AO 24DO A900 7811 I + 1 H 11 30 47 71 1" W.A gATEItOUSN }- u i ALDERT 0 ORA; N-JOQ L CARTER PT65166 $OX 962 E-DI$T 9 R1 y ` M4TTITUCK H Y Q-HARY NCASSEY 1/3 AC G00 4400 1812 !�!i 1 H 13 30 46 71 136 P(_HARLEHE LANE 5 555 S ARCH A ANN DAVIS H-PEQ DAY BLVD d SOUTHOLD• E-J 4 BATTENFIELP RL N Y E-PEQO.IIO BAY 5/8 AC - 1600 4600 7813 1 It 11 30 47 71 135 - I i 3 W-0¢SUIT11 } OEOR911 H DELTSLE A VP H-A Q N06TE I 16 LANDIHO RR E-L R SMITH R1 GLEN COVE 11 Y 11542 4_PEOO4IC BAY BLVD 1/3 AC 000 3500 7814 II 3 It 11 30 46 71 136 W-OEQ J ULATN t LUCILE V DEMPSEY N-ALDERT L04U0 ` 244-76 SANFORD AVE E-HORTON CREEK VL9 SLUSHING N Y D-E D HOGOKIRK 113 AO 700 700 7815 1 H 11 30 46 71 336 W-ALUO DR Y'fff LOUIS DESALLE 11-DI$T 9 I 5304 LITTLE NECK PKY E=ALSERTA S YOUNO P . LITTLE HECK N Y 3 11 11 90 46 71 336 $-MAIN RD 49.556 AC p100 16400 7816 n D-TOWN LINE A LEO M DIACIIU N-M DIACHUN I SCitOGL It6USE RD 4-A MILCE45KI VL9 COTCIf000E It Y'°0 Q-T 0 DIACHUN 3r4 AC g00 g00 _ 7817 Q' I - } 1 11 11 30 46 7t 33G q-BRUSH CREEK F tu1RY`IACiIUH H-RAILROAD ' � .J 4AuREL E-9TEPHAHI SAWICKI °Q yGciv IIN\•—y"� 1-0 1 T DIACHUN ; 350 3500 7818 '�4 1 II)3 3Q 46 71 336 R-LEERS-KAIIN I ' uAq,Y DIACKU N-VARY DIAORUN t E-HARY DIACHUN R1 C $-MART DIACHUN .21 AC 50 2900 7819 'f 1 11 11 30 46 71 036 W-MARY DIACIIUH ' NR'!DIACHU N-DTACIIUN-9ADICKI r LAUREL. E-A WILCENRXI VL9 k Y � S-L 11IACIIUN 3 I/2 AO 90( 900 7020 • 1 It 11 30 46 71 136 U-BRVS11.CREEK k ; It E C A P I T UI.ATION ro 1/q.^3 T1)TALS cw. lu$VNne ¢xempVON Code avll Velun RxrmpGON MIl vmin bu 81Eow Farmpll0e >nlll VnIQe Ine.elJis /31. 3 a>a pe C 60 3 6 - M.00- �7Rno 900 504903 415 ASSESSMENT ROLL TOWN OF SOUTHOLD, SUFFOLK COUNTY NEWYORK REAL PROPERTY 1960.1970 DATE FILED o.uA I.y IIoovn ow4pr pr nGPpkA ..... owner vnd MaDlne Aad DESCRIPTION Op PROPERTY Amwrt. Qpml 4Y•IERn. FWI Ve1Vp A ommC yvp VpIYp Sekrol,NIpIFV.geld All Mon.—Ea mdarip I OlprpD eImpP Ffapnrlp eam- Ine.Ridp. Pyeel f 6peelol 04ble1p Ihelrolr0 I Lex BRemp, NugGbr a y A— ST m of 8olldlnp If Aof Aa]naenpa Helnr 3 Lpla Diak I ...Wpw I �.0➢0RW O D ACifYN R_MART DIACIIVN 1 IN Y�1194D' 8:11ARY DIACHOU 3.lYAC I 700I 700 1821 1 R 11 30 46 71 136 (W_ORVSH GREEK i i P TOFOGORE 0 DT cfiUN P N-3 i4O,DIACHP11' TOT VET ¢YA4LeY IAY�L Lw7K E-R04LTt14D0OP EST 0400 Rl $ OREENPORT H Y 11964 8-TIIEODORE D;ACIIUII 3/4 AC 100 1000 7400 7822 1 1 H 11 30 46 71 136 W-TIIMORE DIACNUN k ' EOpORE DTAOIIV 11-LEO DIACHUI{ LnAIllS v� E-M,LIIMUO➢�'6ST-WII,CEHSKI VL9 ry fl-Yl'1y48 S-PEG BAY BE. 10 114 AC 3200 I 3200 �f 1 II 11 30 46 71 136 W'-D,SHE$CREEK-DRISCOL I � b T4IE0_&•RB D B hCRO.i - N-0 a T DTACM1 LL 11AY A1940 B-PECOXIOWEERIS BAY BLVD 3/4VAD 100 1 If 11 30 46 71 136 W-JADES 4uRR4Y lo0 7824 4 RALPH DIOKINSOH A WP N-PEG DAY BLVD-WARREN' p } 120 yONG DR E-U t POWELL VL9 HEMPSTEAD N T 11550 S-PEO BAY .90 AO 2600 . 0400 7825 1 it 11 30 42 71 135 W-P J WARREN ' ROBERT DIESEIIBERO A TP H-CHAS DOE^.NER ¢SOPTHOLD SAVINGS DANK E-DIBT 9 R1 �7 SOUTOOLO li Y 11971 S-ALEXANDER FLECK- 1/4 A0 $00 3100 1826 6 19 11 30 46 71 A36 W-MARLEHE LANE JACK DI OIOROIO A TV H MATT BUIL➢;NO CORP 15 MORE ST K-A H PATTERROR 'RI HUNTINGTON STATION N Y 11111 8-0 1I11TON .22 AC 600 1600 ..7827 la / 111 11 30 46 71 136 ".A BRISOTTI yJy f SALVATORE A pILILLO A WP N-CIIAS POMP= !� • ¢NORTH FORK DANK a TR E-A WRICOTTI SEAS 9ATT17UCK H Y 11952 S-ROT J ROSS 1/8 AC 600 8400 .7828 P 1 H 11 30 47 71 135 D.pR1VATE RD ANt1A HARIB DORERIT N-80IILEVARb 88 BROOK 8T 1 + GARDEN CITY R Y 11530 _ S-OdALDECLARK 1/2 AC - 370 7100 7929 ('3 19 Al 30 47 71 135 177LE911 MUIIIER I, •r d JADES J➢RISOOLL A 4F H-0 a T DIACIIUH " - ¢RIVERHEAD SAVINGS BANK 9-0 3 T DTACHUY RI. RIVERHEAD H I S-PEG DAY BLVD 1/2 AC 709 4W. 7030 10 t 4 It AL 30 44 71 136 W-T PIAOIIUW DENJAMIN A EDWARDS R VP N-K'fUTHILIG 1363 WANTAGN.AVE E-W A SHITIII VL9- . TANTAGH N Y 11793 8-VADSON a OHS 1/2 AC 40 400 4 H 11 30 46 71 136 W-NELLS ROAD-RT OF WAY EDWIN A EHLERS A RP N.PER OAT BLVD t C 1862 BASAL RALM DR 1 E_D THOET R1 p O BOCA RATON FLA 33437. I B-D TIIORT _ 1/2 AC 400 490G 7832 '12 1 11 11 30 47 71 135 , W-C J HCNULTY EST it[CAPITULATION TOTALS i ' coos Pup vmw B[empuvm cpae PuYI vnhm 8[rmpllvm ruV vmnp py maps, epemn0pn sun vAlae Ine.eIN,.—" '• - � t^6n0 loon 380000 My game is Gian Mangieri. I am the owner of one of the properties that the extinguished by court order right of way passed through. ��� I have owned 2050 Main Road for 30 years this July 1st. I would like to shed light on the history of the right of way, the " Farming" or lack there of on the DiBartolo/ Gebbia property, and the numerous misrepresentations and provable false hoods contained in the application. For starters, when I moved in the right of way was in disrepair I met the DiBartolo's and as a gesture of good will to my new neighbors who said they had been mistreated by my predecessor George McCarthy I fixed the right of way for them, free of charge as I had the equipment to do so. I had a long friendship with the DiBartolo's, ate and drank with them, helped them dig out when we had blizzards and had permission to frequent their property anytime as I liked to walk in my younger days, so I know the property well. When the DiBartolo's had the opportunity to build the bridge they told me that the right of way would be extinguished if they got egress to another road, and they were anxious to do so. o . o 0 It would increase the value of their P Y pro property and also mine. W They accessing an upscale subdivision instead of a sub-standard z temporary right of way and me not having a right of way. N I did not build the bridge but, I built the road from the bridge to ..Condor Court. I also sent the letter proving the viability of the bridge a letter my lawyer has found and now you have. As it was to my advantage to get this done it was at my cost. The DiBartolo's stopped using the right of way and I let it grow over which you are welcome to come and see. No one has passed to Main Rd. thru it in 20 years. My current neighbor of 8 or 9 years Steven Shott and the former owner Mindy Ryan will attest to this. Last year the Gebbia's decided to try to bully their way through the extinguished right of way claiming it is in continuous use, a provable falsehood by eye whiteness, aerial photography and the overgrown nature of the right of way. They never used it, maintained it or insured it. The Gebbia's were our friends for 17 years, we frequently socialized before they tried to steal our property rights last year. We helped them support one side of the old barn so that they would need we hoped less permits to rebuild but instead they built a mansion without permits which my lawyer has discovered. In regards to the "Farm" operations the Di Bartolo's had some grapes which failed and were removed. The Gebbia's have an estate not a farm. They have a large garden with raised beds which I produced the originC%Qal0. composted soil for. They do not have fields they have a lawn wit�a � o ir few fruit trees not a viable orchid. Co In this application they said the Cranberry bog is still in use. z The tidal gate necessary for this was unusable 30 years ago and had begn so for decades. It was torn down in the making of the bridge. They are no cranberries on the property unless they planted a bed next to the new " Barn/ Mansion" I don't know about. Again not a farm operation but a garden if it even exists. Everything in this application is false. The properties are merged as discovered by my lawyer, the right of way is extinguished by court order and time. The building violations and lack of permits as uncovered by my lawyer are substantial, in ecologically sensitive areas. There is no farming operation, it is an estate with a big garden. In order to move forward the Gebbia's need to remove the claim of right of way, clean up the numerous violations and go thru the subdivision process like everyone else. They can claim no special circumstances or hardship. In fact they have been patently dishonest in all their dealings with this board and the town. The character of these people who greedily try to steal their .neighbors property, lie on every aspect of the application is despicable. I recommend for what is worth that the board never take anything these people say or do as honest without checking carefully. Clearly they are unscrupulous. I expect the board to act on the court decision and factual documents as presented by my lawyer and discovered by their investigations. Thank you Gian Mangieri �, as � o _ o `J 4W jqO Z 6�A6, CrrV.STATE,Zip _ ' ,, STATE DATE- NMI ®®®® �106 MO LPMWRI ® �BFA I M.-�,� � ��Mm Q. 1839 is. SALES ORDER_ - NAME: _ SHIP TO: ; ADDRESS: ADDRESS: CITY,.STATE,ZI CITY,STATE,ZIP ORDERHO.' DEPT. BUYER: SOLD BY: WHEN SNIP: TERMS: •HOWSHIP: DATE: 2 l/lJ 3 4 5 7 9 10 L 0 w 19 co 19 vL, 19 20 ; 21 ce 22 24 28' r R�vF �. ZONi i 1 ' 111111lp- 618N1 JUN 6 2024 _ ZONING BOARD,0FAPPEALS a -- P a. �sr RE ED JUN 6 2024 2014ING BOARD OFAPPEALS I Martha F.Reichert Twomey 10 Latham Partner gin's:.a 631.727.2180 x305 SHEA, KELLEY. DUBIN & QUARTARARO, LLP mrelchert@sufrolklaw.com 33 West Second St. P.O.Box 9398 Riverhead,NY 11901 Thomas A Twomey,Jr. (1945-2014) June 5,.2024 John F.Shea.III Christopher D.Kelley David M.Dubin �e Jay P.Ouadararo'1 Via Ei)lrai l Peter M.Mott - Janice L.Snead Leslie Kanes Weisman;Chaiiperson Kathryn Dalli Zoning Board of Appeals KarW.Pagano en '> Town of Southold Karen A.Hoeg . Bernadette E.Tuthill Town Hall Annex Building Craig H,.Handler - 54375,Route 25 Bryan J.Drago Scott Handwerker P.O.Box 1 179 , Martha F.Reichert Southold,NY 11971 SENIOR COUNSEL Stephen B.Latham Re:. ZBA Application No.7902—Application Gebbia&Dunn ASSOCIATES - 2146 Route. 25-alkla 575 Condor Court a/k/al.475 Condor. Lorraine Pacetao Court,Laurel,NY(SCTM No. 1000-127-3=6.4Terrence Russell )8c MaryKate L.Brigham 475• Condor Court alkia 2146 Route 25, .Laurel, NY Jacqueline M.Morley .(SCTM No:1000-127-3-6:5) ' David L.Hamill Jessica L.Dubowski May Theoball Dear Chairperson Weisman and Members of the Board: OF COUNSEL Patricia J.Russell Our firm represents'Gian Mangieri,'the,owner of 1900 Route 25 and 2050, Jennifer P.Nigro. Route 25, Laurel Joan Morgan McGivern' . , ,NY..-(SCTM No. 1000-125-3-2:3 &.18.1). We submit this letter, Allison Singh in-opposition to the above-;referenced Application seeking lot recognition of SCMT SPECIAL COUNSEL No..100,04 27-3-6.5.("Lot 6.5')pursuant to Southold Town Code §280-9. Lisa Clare Kombrink Kevin M.Fox Craig Gibson This,Application is procedurally and substantively problematic for-several Kevin Handwerker reasons, Which will be ,discussed.heiein. We respectfully request that the ZBA Marini M.Marti°oi require the Applicants'to address the legal issues of merger",access,and to'disclose the extent of their existing as=built construction on both lots;much of which was I N.MINT AT done without any building or wetlands permits. I LL.1,1 W TAXATION ♦ NY&w BARS . U NY.NJ&PABARS •NY,NY. &Fl L PARS BARS ♦ NY.NJ It is our position that the Applicants.are intentionally obfuscating the-facts. to segment comprehensive,meaningfulxeview by this Board and the other involved Main office agencies. The true extent of the zoning relief needed is substantial and'entirely 33 West Second St. P.O.Box 9395 self-created by the Applicants' wanton disregard for the law. The Applicants Riverhead,NY 11901 should not be rewarded by legalizing a substandard lot within an environmentally- 631.727.2180 sensitive location 'containing' both tidal and freshwater wetlands. We .f either suffclklaw.°cm request that the ZBA refer this Application to the Southold Board of Trustees to address'tree extensive construction on both lots that was completed without valid wetlands permits so that all involved agencies can coordinate review and determine the. ' er path forward to address what the Applicants have done.. Town of Southold Zoning Board of Appeals Re:Application of Gebbia V June 5,2024 Page 2 of 8 1. The Lots have.merged. The current Application for lot recognition is the wrong way to resolve the issues presented. It is evident from even the most cursory examination of the chain of title that these lots merged decades ago by operation of law. As such,the current Application for lot recognition and variances from the bulk dimensional regulations should not-proceed until the Applicants address the merger issue.. ,This is a threshold issue. We posit that a waiver of merger application followed by a subdivision/redivision resulting in two conforming lots would be a more appropriate'application for the,Board's consideration. The creation of conforming lots.should be. a condition of any determination rendered by the ZBA should the ZBA deem.it proper to unmerge the lots. In the instant Application,the Applicants have provided no-relevant proof,such as a single and separate search or an affidavit from Suffolk County Real Property Service,to support a waiver of merger or lot re cog nition"under any'of the standards set forth in §280-9A,280-10, or 280-11. Why? We submit that the Applicants,know that the lots.inerged and hope that the ZBA will accept their conclusory statements that the lots have been held in single and separate ownership since 1983 rather-than look-to-the facts. _ - Southold Town Code §280--9C provides that "All.lots. are subject to the .mercer provisions of&280-10."(Emphasis added). The exceptions from merger set forth in§280-10(C); have two elements:,first,the lot inust be "recognized under §280=9"; and second, the lot must "meet any of the following categories"set forth in§280-'10(C)(1)46). Accordingly;because.the notice of disapproval-expressly states that Lot 6.5 has not been created pursuant to §280-9, that means that the mere.ffa that Lot 6.5 contains 46,000 sq.ft. is not enough on its own to qualify as an exception from the merger provisions of§280-10. The Applicants-must deal with the merger issue first. The Applicants' claim that the ZBA previously determined the 40,000 sq. ft. lot was exempt from merger during the 2003 special exception application is patently false. The ZBA's decision is silent on merger.And granted no.relief from§§280-11,280=10,or 28079.. In approving the special exception use for a bed and breakfast„the ZBA's 2003 Decision states: 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. Exhibit A- ZBA'Dechsion No. 5254, dated October IS,2003. Clearly,the issue of.lot merger was raised in 2003,but it.was.not resolved when the ZBA approved Decision No. 5254. Moreover, the record in that.application contains a memorandum from.the Southold Board-of Assessors stating that the lots had indeedmerged when they had been conveyed together in a single,deed dated April 25,4994.and recorded in Liber 11677 Page 427. Town of Southold Zoning Board of Appeals Re:Application of Gebbia June 5,2024 Page 3 of 8 See Exhibit B — Town Board.of Assessors-Memo; see also Exhibit C — 1994 Deed Diachun to DeBartolo recorded in Liber 11677 Page 427. Furthermore, during the public hearing, the then-owners of Lots 6.4 and 6.5,Nicolo and Caroline Dil3artolo,conceded that the lots had merged and that they were willing to proceed with the application without resolving the merger issue: "DIBARTOLO: So I'm not clear which really rules at this point,but the bottoni`line is it,is an 18 acre that I'm dealing with,and'it does border on the public street". See Exhibit D=Excerpt from ZBA Transcript,dated August 21, 2003,.ZBA File No. 5254.(Eniphasis added). In further recognition of the merger;Nicolo and Caroline DiBartolo then recorded a deed in 2004 to themselves in which-the two lots were legally described as a single parcel. At.the recording of this deed, Suffolk County Real Property merged.the tax lots into a -single tax map parcel and designated it as SCTM No. 100-127-3-6:3. See Exhibit E-2004 Deed DiBartolo to DeBartolo recorded December1'4, 2005 in Liber 1245 Page 494. --- The DiBartolos knowingly-described their property as-a-single parcel and recorded this- deed after the merger issue had been raised during the special'exception review in 2003,and they - never pursued.a waiver of merger from the ZBA.afterwards. When the DiBartolos conveyed the property to,the current owners, they split the property,back into two separate lots and conveyed Lot 6.4 to Joseph Gebbia and Lot 6.5 to Joseph Gebbia and Theresa Dunn in separate deeds: These. later conveyances; however, are insufficient to defeat the merger that had already taken,place pursuant to the Town Code. This.history is why the Applicants.have not-proyideda single,and separate search. The facts support,the conclusion that the lots have merged:The lots were held in common ownership by Mary Diachun from 1935 in a deed dated April 11, 1935 and recorded in.Liber 1808 cp2,16 until her death on June 3, 1984. After.Mary Diachun's death;.the administrators of her estate, deeded the property to the DiBartolos in 1994,who then held it in common ownership for 22 years, until it was conveyed to..the current,owners in 2006. -In the Old Maps available on the.Town's Weblink,a map from 1966. shows the land of Mary Diachun as.a single parcel. See Exhibit F— 1966 Map. The 1977 Tax Map on the Town's Weblink also shows tlie,two lots as a single property -Lot 6.0. See Exhibit G—1977 Map. in sum;merger is a substantial and live issue that must be.addressed and resolved before .the ZBA can proceed in granting any kind of relief. Additionally,the.Planning.Board has.provided comments to the ZBA'in its memo dated April25,2024 stating that it does not support the creation 'Of a,substandard, non-conforming lot located within wetlands and prone to-storm flood damage. See Exhibit H—Planning Board Memo; dated April 25, 2024: 2. Neither lot has legal access to the Main,Road via a Right-of:Way. The Applicants' claims that the lots have separate, legal access to the Main Road'is yet another claim that is demonstrably false. There was a right-of way("ROW")that traversed several Town of Southold Zoning Board of Appeals Re:Application of Gebbia ` June 5,2024 Page 4 of 8 properties; including the Mangieri property, to get to Main Road, however, the ROW` has extinguished pursuant4b terms of a 1992•Supreme Court Judgment. Exhibit I contains.a copy of the Judgement of the Suffolk County Supreme Court in Diachua v.Half Hollow Nurser,Lloyd Rasweiler,Long Island Rail Road Company,George A.McCarthy,and the People.of the State of New York.Index No. 88-014985,in which the Estate of Mary Diachun stipulated and agreed.that the right-of-way to and from Main Road(Route 25)over the Mangieri Property(Tax Map#: 1000- 125.00-03.00-018.001) and the properties of the Long Island Rail Road (SCTM 1000-125.00 O'4.00-025.001), Half Hollow'Nursery (SCTM 1000-127.00-03.00-007.000), 'and Schott(SCTM 1000425.00703.00-003.000),would terminate upon the following:- ORDERED, ADJUDGED AND DECREED that the aforesaid easement of right-of-way will terminate'if the Plaintiffs' land (SCTM No. 1000-127.00 03.00-006.001 and 006.002) obtains a roadway for ingress and egress from another road other,than Main,Road(New York State Route 25)or the termination of the existence of the one family dwelling on the premises. Exhibit I at 5. In February 1995, Condor Court was dedicated to and accepted by,the Town as a.public .highway. Six.months later in-August 1995'..Nicolo and Caroline DiBartolo applied the.highway department for a driveway.on Condor Court and for a wetlands permits from the Trustees to'build -abridge across Brush's Creek,as part of the new driveway. See Exhibit J— Trustee Permit No. 4551. Asa result,.ingress and egress from"another road"was.obtained,and the ROW benef tting Mary.Diachun's-property terminated.in accordance with the Court's Judgment. As Mary DiachuWs- successors in title; Nicolo DiBartolo had knowledge that the ROW would terminate upon obtaining access -C ondor ondor Court. He testified on April 17,,2003 to the ZBA that access to and from Condor Court access was necessary since the ROW was temporary and could not be.considered as the property's permanent means of street access due to the'Supreme Court judgement: 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 bo 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. Town of Southold Zoning Board of Appeals Re:Application of Gebbid June 5,2024 Page 5 of 8 MR.DIBARTOLO: At the time we had only access through a temporary easement so we wanted to.no throuO 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[sic]'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. Exhibit K—ZBA Hearing Transcript, dated April 17,,Z003. The ZBA transcript from.April 17,,-2003 and the Supreme,Court's Judgment demonstrate that the current owners of the subject property(ies)have no legitimate grounds to now claim any -rights-:or`the existence of a legal'or permanent means of access to the`Main Road via this now= — extinguished ROW to support.its variance requests. It-is also worth noting that the bouridaries.ofLot 6.5 do not•touch physically touch Condor Court. Therefore; even assuming,arguendo, that the two lots are not merged, Lot 6.5. remains landlocked and has not been grantede right-of way to cross over Lot 6.4 for ingress and egress to and.from Condor Court or to share in the use and maintenance of a common driveway. The history of this land and the Applicants' current use during their ownership supports that these two,tax- parcels function'as a single property and not as two.independent parcels. Simply put,the Applicant cannot have,it both ways. 3.. There are serious zoning,building,and environmental violations on Lot 6.4. In addition to the.merger and access issues discussed above,, :the Applicants have, misrepresented the existing conditions onUt-6.4. In the Application, they averred that Lot 6.4 only contains accessory barns and is an active farm parcel, engaged in bona fide-agricultural production. .Specifically omitted,,however, from the Application is the fact that the structure Labelled as a"two story barn"on the submitted survey is actually a-Well-appointedsingle family dwelling that was built without: (1) a Building Permit; (2) a Suffolk County-Health Department Approval for the sanitary system;.and(3)aTrustees Wetlands Permit. In 20,12,the Applicants'received Trustees Permit No..8032 to"reconstruct in-place a 61'k 21.6' bam"to replace an existing dilapidated balm that had collapsed after years of non-use. See Exhibit L—Trustees Permit)Vo. 8032. No sanitary system or habitable space was proposed, and the reconstruction.was approved with minimal review and was.deemed a minor action'exempt from LWRP review. Instead,circa 2018 and years after.the.Trustees permit had expired without any renewal.or modification, the Applicants.built a two-story "barn".with multiple bathrooms, fireplaces;porches,'patios,a kitchen,pantry,great room,-a laundry room,HVAC;.and a generator. Town of Southold Zoning Board of Appealsu Re:Application of Gebbia { June 5,2024 Page 6 of 8 The new residence's footprint is more than double the footprint of the non-habitable dilapidated barn that was to be replaced in-place. A comparison of the aerial photographs and the Trustees' approved survey compared with the as-built survey as part of this Application speak for themselves. See also Exhibit M —Floor Plans submitted to Building Department for Notice of Disapproval. Left: Dilapidated Barn in 2011 Right:As-Built Residence in 2013 •� 6�9g°c� �' �6\95 0 41 4'4p NX O ti •\ \ d ice+ a Except from Survey Approved by Trustees to Except from As-Built survey last revised October rebuild barn in place under Permit No.8032. 12,2023 showing single family residence labelled as "barn." The Applicants built an estate-worthy single-family residence on Lot 6.4 with no permits, and in their Application they have obscured this fact by calling this a "farm parcel" and this structure a "barn" stating that the instant Application was the result of their desire to obtain a building permit to convert portion of an existing barn to a residence! Moreover, there does not appear to be any evidence that Applicants are engaged in any bona agricultural production on this parcel. The property is current classified on the current tax rolls as an Estate, and lot 6.4 is not located in Suffolk County Agricultural District 1,nor does it appear to be in production based on aerial photographs. Town of Southold'Zoning Board of Appeals -�/ Re:Application of Gebbia 0 June 5,2024 Page Tof S The Town Building Department Piles show"thafthe-other accessory barn on located on Lot 6.4 was renovated without proper permits and may contains habitable space that also needs to.be legalized. See Exhibit N — Building Department..Inspection.Reports. See also Exhibit O — Correspondence between Joseph Gebbia and Amanda.Nunemaker.' Additionally, the swimming pool on'Lot 6.5 was built with a building permit, .but was constructed.in a different location than-originally applied for and without any Trustee approvals despite being within wetlands permitting jurisdiction. There is also-an arbor located on Lot 6.4, but clearly associated with Lot 6.5 that was constructed without.*a building permit or a Trustees Permit. All.of this is to.say that Lot 6.5 does not stand on its own, and this should be taken_into consideration by the ZBA as facts that-do not support lot recognition. In short, the Applicants have abused,the system for years, and they are now seeking to further game the system by pursuing lot recognition of Lot 6.5 to avoid comprehensive subdivision review. See Exhibit P—Correspondence fi-orn,Patricia Moore,Esq. to Amanda Nunemaker. This Application has serious deficiencies and should not be considered until the Applicant fully discloses to the ZBA the true nature ofthe as'built-structures on both lots and,addresses all,these issues. Finally,these two tax inap parcels contain highly'sensitive freshwater and tidal wetlands, and.have limited development,potential. The environmental harm from legalizing a substandard . lot that has already merged and the adverse impacts of the existing illegal overdevelopment'must be part of the ZBA's consideration when conducting the statutory balancing test to determine whether the,benefit to-the Applicant outweighs the harm to the community. We submit.it does not. The Applicants have a history of building whatever they want on this property and doing so without all the required permits, demonstrating that they have no regard for their neighbors, the environment,the community,or'the law. Thank you for your consideration of the foregoing, and we respectfully request that the Application be denied at this time. Please make this letter a part of the record.of this Application. Sincerely, Marth .Reichert Cc: Town-of Southold Board of Trustees(via-Email) Julie Wilveney,Southold Town Attorney's Office(vid Email) List of Exhibits: 'Exhibit'A—ZBA Decision.No. 5254, dated October 1.5, 2003 Town of Southold Zoning Board of Appeals Re:Application of Gebbia June 5,2024 Page 8 of 8 Exhibit B—Town Board of Assessors Memo dated May 13,2003 Exhibit C—1994 Deed Diachun to DeBartolo recorded in Liber 11677 Page 427 Exhibit D—Excerpt from ZBA Transcript,dated August 21, 2003,ZBA File No.5254 Exhibit E—2005 Deed Debartolo to DeBartolo recorded in Liber 12435 Page 494 Exhibit F—1966 Map. Exhibit G—1977 Map Exhibit H—Planning Board Memo, dated April 25,2024. 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) Exhibit J—Trustee Permit No.4551 Exhibit K—ZBA Hearing Transcript dated April 17,2003. Exhibit L—Trustees Permit No. 8032 Exhibit M—Floor Plans submitted to Building Department for Letter of Disapproval Exhibit N—Building Department Inspection Reports Exhibit O—Correspondence between Joseph Gebbia and Amanda Nunemaker Exhibit P—Correspondence from Patricia Moore,Esq.to Amanda Nunemaker Town of Southold Zoning Board of Appeals Re:Application of Gebbia June 5,2024 Exhibit A ZBA Decision No. 5254, dated October 15, 2003 APPEALS BOARD MEMBERS �Qg�FFO(�co Southold Town Hall Lydia A.Tortora,Chairwoman o y� 53095 Main Road Gerard P.Goehringer W P.O.Box 1179 George Horning Oy �.� Southold,New York 11971-0959 Ruth D.Oliva ZBA Fax(631)765-9064 Vincent Orlando Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION OCT 17 200?30P� MEETING OF OCTOBER 9, 2003 n0�a Appl. No. 5254- Nicolo and Caroline DeBartolo �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.213 and 100-31 B, 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'evidericed 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 G. 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 j include use of the property and buildings for any other use or purpose. I 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 Homing of Fishers Island.) This Resolution was duly.adopted (3-1). Lydia A. Torto a 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 1 Flo may► Gy Southold Town Hall,53095 Route 25 Robert I.Scott Jr.,Chairman V o= P.O.Box 1179 Scott A.Russell,Assessor/ I W Southold,NY 11971-0959 Darline J.Duffy,Assessor h�lJ y • � Fax:(631)765-1356 '4 Telephone:(631)765-1937 411 BOARD OF ASSESSORS RECEIVED TOWN OF SOUTHOLD MAY 13 2003 Date: 5/13/03 -3 3 To: Lydia Tortora & Members of the Zoning Board of AppeaI4 ZONING BOARD OF APPEALS From:Scott A. Russelle 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 Liher 11677 Page 427 ., 1-I/677 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT.THIS INSTRUMENT SHOULD BE USED BY LAWYERS 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, a TAX Laurel, New York 11948 nd'ROSE DIACHUN, residing at 875 School Hous(, $840.00 Road, Cutchogue, New York 11935, both Individually and Sµµccessor Co— ` asladniinistratoquix)cof 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—fat: party of the first part,and NICOLO DiBARTOLO and CAROLINE S. DiBARTOLO, his wife residing at 2146 Main Road, Laurel, New York 11948 BLOCK lA7 DISTRICT SECTION party of the second P rtl WITNESSETH,that whereas letters'of administration were sued to thpar%fithe fist part by the Surrogate's Court Suffolk County,New York on ugust anti virtue July 18, p91 y of the power and authority given by Article 11 of the Estates, powers and Trusts Law, an to consideration of TWO HUNDRED TEN THOUSAND and 00/100—=--------------=-- ---------------------($210,000.00)—L------------------ -----------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 being inahm at Laurel, Town of Southold, County of Suffolk and State of New York, being bounded and described on Schedule A which is-attached :hereto. RECORDED EDWARD P.ROMAINE MAY 18 1994 txsE�(bF SUFFOLK COUN".. ..: 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 37'-34' 20" East 263.31 feet` to a concrete monument; (2) North 61' 17' 00" East 95.05 feet to a concrete monument; (3) South 29' 19" 40" East 517.90 feet to a concrete monument; (4) South 17' 48' 40" East 740.64 feet to the land now or formerly of T. Diachun; thence South 60' 01' 20" West along the land now or formerly of T. 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 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' 54' 30" West along the said Easterly line of Lot Number 8 and the Easterly side of a irecharge basin as shown on the said "Map of Golden View Estates" 173.70 feet; thence North 12' 30' 30" West still along'the Easterly side of said recharge basin 138.69 feet to a concrete monument; thence North 63' 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 44' 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 of Golden View Estates" 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 Southeasterly side of the said "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 formerly of K. Leeds 424.26 feet to the land of the Long Island Railroad Company and the Northwesterly corner of the premises described herein; thence North 46' 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 47' 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 20' 17' 30" East, through the land now or formerly of Qualls 112.72 feet; thence South 22' 06' 30" East, still through land now or formerly of Qualls and the RECORDED MAY 18 1994 QM�SU «�TV. :: land now or formerly of McCarthy 205.04 feet to t•he Fasterly side of land now or formerly of McCarthy -and the Westerly line of land now or formerly of Sawicki; thence South 20' 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 46' 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 along the arc of said curve bearinq to the right, being subtended by a chord bearing South 26° 58' 50" West a chord length of 23.69 feet, said curve having a radius of 35.07 feet, a length of 24.17 feet; thence South 46' 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 formerly of Rasweiler and the Easterly side of land now or formerly of Diachun; thence North 37' 34' 20" West along the said land now or formerly of Rasweiler and land now or formerly of Diachun 8.04 feet to the Southerly line of land of the Long island Railroad Company; thence North 46' 43' 10" East along the said land of the Long Island Railroad Company 428.12 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 chord bearing North 13' 12' 50" East a chord length of 29.89 feet; said curve having a radius of 27.07 :feet, a length of 31.66 feet; thence North 20' 17' 30" West through the lands of the Long Island Railroad Company_ and now or formerly of McCarthy 746.05 feet; thence South 69' 42' 30" West still through the land now or formerly of McCarthy 2.0 feet; thence North 210 33' 00" West through the land now •or formerly of McCarthy and the land now or formerly of Qualls 205.0 feet; thence North 20' 17' 30" West still through the land now or formerly of Qualls 108.0 feet to the Southerly side of Main (State) Road; thence North 47' 23' 00" East along the Southerly side of Main (State) Road 12.97 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed by deed.dated April 11, 1935 and recorded in the Suffolk County Clerk's Office on April 12, 1935 in Liber 1808 Page 216. RECORDED EDWARD P.ROMAlNE MAY 18 1994 QM OF 3UFFOLK MMY. .. 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 10� 143 2 been said about these people as well . MRS. ZUPA: However, they have 3 had the opportunity and they have answer 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. ) f 14 CHAIRWOMAN TORTORA: This hearing is closed. 15 The next_ hearing is on behalf of Carol' ne;.',and Nicolo DBartolo. 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 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 144 , 1 2 engineer' s report -- ten tons, that it will •� support an axle load of ten tons, and we al q 3 received from you a traffic report, an U 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 1 would like to make a general comment referring a the merging of the lots.. 19 Apparerftl`y the conclusio4 a—d ee reached that the dots afire e►�i__rged]. As such, we;'r 210 talking bout as 'a single dot of 98 acres that borders on one public �-it-r e-e-t ,1 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 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 r 145 1 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, � l,iie bottom lne ].s it tls a_n �8 acre 3 ti had I-''mdealing ith�r and it does border Uh the public 'str._e_etY; To that extent, I believe 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. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 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. i 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 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 147 1 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 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. s i COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 ' 148 2 ' All right. The district buys the e 3 The district supplies the equipment, district owns the equipment, and the elected officials. quipment, and they are 4 So, I am still waitin a letter from the -district and that g for 5 are, I think, at this discussion, juncture, 's where we very ure, and that's my y shor.t discussion with the 6 chairperson couple days ago, and that's w we are. here 7 So, whatever your attorne to get the letter from the Y can do 8 Mr. Glass, we would appreciate from MR. DIBARTOLO: Of it, okay? 9 have been very su Of course. We from the ver pportive from your comments 10 objections to beginning. We had absolutely no making it as safe as we possibly can. We have done everything possible but 11 realistically it's been months forth and back and forth and and back and we get no 12 response. It's not normal for to respond in that a Public agency we did attend the fashion, especially since 13 public hearin told the information had g' and we were to the attorney Previously been sent 14 y for the district . CHAIRWOMAN TORTORA: Let me 15 interrupt you for a moment, Mr. think the Board should send the ire diolo, I fire d 16 commissioners a letter, strict think only DIBARTOLO: 17 would helpWould you? I that y everything else we because I think 18 us know we will do whatever comPised with and let get this done with to Properly. 19 CHAIRWOMAN TORTORA:Will, we will send a lett The Board letter. 20 BOARD MEMBER GOEHRINGER: just reflect on one thin Let me 21 says that the bridge is g' when the engineer per axle certified for ten tons he is saying that or -- 22 because it's Mr. Tully, right it is a he MR. DIBARTOLO: Yes. 23 BOARD MEMBER GOEHRINGER: saying that if a truck has two axles , he is 24 then certified for 20 tons. it, he ? MR. DIBARTOLO: Exactly. But 25 there is another point to that, course, the fire district commissioneron to review. If it's a bigger truck and eeds you COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8na�7 149 1 2 have three axles, you can' t get three axles on d1// 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 1.8 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. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 • 1 150• , 2 BOARD MEMBER HORNI 3 NG: Madam Chair, 'I have to leave., (Whe 4 left. the hearingrroom. ) Board Member Horning MR. DIACHUM: My name is Ron 5 Diachum. I lived on that property for many Years. Actually, when we sold it there was an 6 agreement, repair the barns, repair the house windows; whatever, and never build the house 7 up. And all of a sudden one of my neighbors goes, how do you like the motel . I was li 8 what? I went and took a look at it. It' ke actually .looks like a motel. 9 I .mean, if they can their property doing this zone business, I'dh. 10 like to make mine, I got 17 acres, mine and- my moms, and I'd like to build my'busine 11 You know, make a ss too. trailer park, summer cottages something like that, cause I don't - 12 CHAIRWOMAN TORTORA: Bed and - breakfasts are permitted use in residential 13 district . It's not 'a business d not a business use. istrict . It' s L14 MR. DIACHUM: CHAIRWOMAN It's making money. discussed at, the last hearin�� As we 15 to the use of it as a bed and,breakfaste in ction 16 residential districts the Town Board �n that law many, man � agors n � enacted a legislative finding ethat it's allowable, made 17 which is allowable b 'they're here, y some permit. That's why 18 We have a number- of bed and h breakfasts troughout this community, but it 19 is not a commercial use in our codes. 20 money then? MR. DIACHUM: It's not making CHAIRWOMAN TORTORA: I didn't 21 create the law. I didn' t write it . MR. DIACHUM: So I can. make 22 on my property too. money like to haveCaA bed oand boeakfast If You would . 23 Board apply to the get a special permit, yes', you are 24 allowed to. MR. DIACHUM: Ri y ght away, 25 property doesn't that go through Laurel Wood. It goes .to my property down North Oakwood Drive It' doesn' t go to Laurel COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 15 3. G��v 2 Wood at all 'cause we tried it one time, my z� father tried it, and it didn't work. Now all 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 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 152 1 2 that well, you know, only the biggest trucks H 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 anyway. 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 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 , 1S3 2 at 1250 White Eagle Drive. 01111 3 My concern is similar to Mr. Taoimina, it comes back to good neighbors. If 4 you have an access, if there's an access to North Oakwood Drive, why not o 5 and avoid the whole p that way neighborhoodualtogether, instead of having people that have 6 interest in the neighborhood comin no vested I don't know how large -- this is g through. 7 meeting I don' t know how lar e my first bed and breakfast is. g the Proposed 8 looking for; do you have othatnavailableroms ?,s CHAIRWOMAN TORTORA.: 9 three bedroom bed and breakfast It's a bedrooms. . Three 10 MR. ERICKSON: dwelling are we lookin How big a 11 CHAIRWOMAN g at here? existin s in the MAN TORTORA: It, g house. The code allows up to five 12 bed and breakfasts, so they're the maximum by an Y re not proposing 13 smaller bed and b eakfast. They'-re proposing a q� that been brought Thank you: Has 14 g up about a North Oakwood access; can you avoid the whole Laurel Wood 15 and White Eagle Drive, one I mean this way it's a way in and one way out? 16 CHAIRWOMAN TORTORA: We hay . That was discussed at the first hearing, I 17 believe, and there was a number of with that because of the Problems 18 there were a lot, that distance, the road; was considered to be a lot longer. I the access that guess the real issue is that 19 they're proposing, they're Public roads, and as much as 20 comfortable havingY°ll may not feel bed and breakfasts that going traffic for the three 21 they're permitted todosohrough becauseo it road, public road and __ is a 22 MR. ERICKSON: Okay. CHAIRWOMAN TORTORA: You really 23 can't say, okay, we're going to di against these people and not allow sthem ltote 24 have access to the same road that y have. 25 roads.They're public roads they're not private main concern MR. ERICKSON:, ICSON. Okay. And the obviously is the fire Anyone COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878_ 8047 154 1 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'ariother 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 cu'stomary 'to allow anyone in the audience to submit any 23 written comments if they would like to do so; y 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 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 155 1 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? COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 156 Special CHAIRWOMAN TORTORA: S 2 P Exception is a use which is permitted by law I 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 7- 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 o-f 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. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 �q1D�5 7 • 1 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 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 110) 158 1 2 written comments until September 18th, at which time we will close the hearing. 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. ) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Town of Southold Zoning Board of Appeals Re:Application of Gebbia June 5,2024 /AgOT Exhibit E 2005 Deed Dibartolo to DiBartolo recorded in Liber 12435 Page 494 NY OOS•Uzzaio end Sdetked with Cmdamm cpictUrMar's Kv Individual arcutpomlon(Single Shad Maw awl) I ✓ CONSULTYOUIIIAWYFitIN ORKSIGNINGt7LLSUNMU162mr-THL4WSCRUNOWSNOUI.DoxUSEDayIAwyaNONLY L(l L} THIS IQIDwrum made the g day of November .in rite year 2004 BETWEEN V 11"�1 E Nlcolti DlBertofo and Caroline S.DiBartolo 475 Condor Court Laurel NY 11948 Party of the first part.and Nicolo DiBartolo and Caroline S.D1Bartolo 475 Condor Court Laurel NY 11948 party of the second part WITNESSETH,that the party of the rust pan,in consideration of Ten Dollars and other valuable consideration paid by the . party of the second part,does hereby grant and release unto the party of the scertnd part,the heirs or st mvasors and assigns of Ilse party of the second part forever. ALL that certain plot piece or pares)Of land.with the buildings and improvements thcroon aedted.'tptuate;lying and being in the SEE SCHEDULE"A"DESCRIPTION ATTACHED BEING AND INTENDED TO BE the same premises as conveyed to the Gmutor(s)by deed made by Eleanor Diachun and Rose Diachun,dated 4/15/94 and recorded 5/18/94 In Llber•, 11677 at Page 427. SUBJECT to covenant and restriction required by New York State Department of Environmental Conservation("NYSDEC")as set forth in Schedule"B"annexed hereto. PREMISES ALSO KNOWN AS 475 Condor Court,Laurel NY 11949. District: 1000 Section: 127.00 Block: 02.00 Lot: 006.001&006.002 TOGETHER with all righttitleand Intema,if any.of the party of the rust part of,in and toary wrests and wands abutting the above-0eseribed premises to dw center lines thereof;TOGETHER with the appurtenances and all die estate and rights of the party of the first part in and to said premises:TO HAVE AND TO HOLD the premises herein granted unto the party of the. second part,the belts or sucemors and assigns or the parry of dte second fart forever. AND the pony of the first part covenants that the party of am first pan has not done or suffered anything whereby the tt(d premises have been iocumbered in any way whatever,except as afoiesaid. AND the party of the Mt pan.in compliance with Section B of the lien law,covenants that the party of tits first part will receive the consideration for this conveyance and will hold the right tote GM such consideration as a trust fund to be applied first for the purpose.of paying the cost of the improvement and will apply the some first to the payment of the cost of the imptovanem before using any pat of the total of the same for wry other purpose. The word"party"shali be construed as if it read"parties"whennt:r the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the rust pan has duly executed this deed the day and year fine above written. IN t+AIlBENtt:ar. IN o l Caroline SIDIBurtolo e'ro Schedule A Description 1 ALL that certain plot,piece or pared of land writh the buildings and improvements thcroon c rected,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 comer of the premises to be described herein,said point also being dividing line of the Northwesterly comer of the land now or formerly of Rasweiler,the Northeasterly comer 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 Rasweilcr,the following four(4) courses and distances: 1. South 37 degrees 34 minutes 20 seconds East) 3.3 fed to a concrete monument; 2. Notch 61 degrees 17 minutes 00 seconds Fast 95.05 feat to a concrete monument; 3. South 29 degrees 19 minutes 40 seconds East 517.90 feet to a cony,-monument; 4. South 17 dcgr=48 minutes 40 seconds Fast 740.64 feet to the land now or formerly of T. Diachun; THENCE South 60 degrees 01 minute 20 seconds West along the land now or formerly of T. Diachun and the Northerly lot line of Lot 7 as shown on a certain map entitled,"Map of Golden View Estatea",as filed in the Office of the 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 Norte 31 degrees 54 minutes 30 seconds 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 12 degrees 30 minutes 30 seconds West still along the Easterly side of said recharge basin 138.69 fed to a concrete monument; THENCE North 63 degrees 58 minutes 20 seconds West along the Northeasterly side of said recharge basin and the Northeasterly side of Condor Court as both arc shown on the said"Map of Golden View Estates',208.05 fed to a concrete monument and the Easterly side of Lot 15 on the aforesaid map; IMENCE North 44 degrees 34 minutes 10 seconds 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 of Golden TOGETHER with all right,title and interest of the party of the first part,in and to the land lying in the street in front of and adjoining said premises. View Estates^213.35 feet to a concrete monument and the Southeasterly side of said"Park and Recreation Area'; THENCE North 3 degrees 29 minutes 10 seconds East along the said Southeasterly side of the said"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 of K. I=&424.26 feet to the land of the Long Island Railroad Company and the Northeasterly comer of the premises described herein; THENCE North 46 degrees 43 minutes 10 se wn&East along the land of Long Island Railroad Company 432.59 feet to the point.or place of BEGINNING. TOGETHER WITH the benee6ts 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 47 degrees 23 minutes 00 seconds West 7.03 feat from a concrete monument act in the said Southerly side of Main Road marking the Northeasterly comer of the land now or formerly of Qualls and the Northwesterly comes of land now or formerly Sawicki;said monument also being 2,077 feet,more or less,Easterly from the Easterly side of Laurel Lane; RUNNING THENCE South 20 degrees 17 minutes 30 seconds East,through the land now or formerly Qualls 112.72 feet; THENCE South 22 degrees 06 minutes 30 seconds East,still through land now or formerly of Qualls and the land now or lbrmerly of McCarthy 205.04 feet to the Easterly side of land now or formerly of McCarthy and the Westerly line of land now or formerly of Sawicki; 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 or formerly of Rasweiler; THENCE South 46 degrees 43 minutes*10 seconds 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 along the are of said curve bearing to the right,being subtended by a chord bearing South 26 degees 58 minutes 50 seconds West a chord length of 23.69 feet,said curve having a radius of 35.07 fat,a length of 24.17 feet; THENCE South 46 degrees 43 minutes 10 seconds West,through the Northerly side of land now or formerly of Rasweiler 428.92 fed to the land now or formerly of Raswedler and the Easterly side of land now or formerly of Dischun; TOGETHER with all right,title and interest of the parry of the first part,in and to the land lying in the street in front of and adjoining said premises. I SCHEDULE B I This covenant shall serve as notification that regulated freshwater wetlands#MT- 26 is located on the property of Nicolo and Caroline Di$artolo 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 of the owner of the property to obtain a current description of all regulated activities from the New York State Department of Environmental Conservation("NYSDEC")or its successor organization for the purpose of determining what is considered a regulated activity. Performance of any regulated activity will 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 d A"0� degrees 34 minutes 20 seconds West along the said land now or formerly of ZA Raswciler and land now or formerly of Diachun 8.04 fed to the Southerly-line of land of the Long island Railroad Company, THENCE North 46 degrees 43 minutes 10 socond3 East along the said land of the Long Island Railroad Company,428.12 feet to the extion Westerly end of an arc of a eurm; THENCE Easterly,Northcasledyand Northerly along the arc of said curve,bearing-to the left, being subtended by a chard length of 29.89 feet;said curve having a radius of 21.07 feet,a length of 31.66 fed; THENCE North 20 degrees 17 minutes 30 soconds West through the lands of the Long Island Railroad Company and now or formerly ofMcCarthy 746.05 feet; THENCE South 69 degrees 42 minutes 20 seconds West still through the land now or formerly of McCarthy 2.0 fed; THENCE North 21 degrees 33 minutes 00 seconds West through the land now or formerly of McCarthy and the land now or fomrcrly of Qualls 205.0 feet; THENCE North 20 degrees 17 minutes 30 seconds Wed still through the land now or formerly of Qualls 108.0 feet to the Southerly side of Main(State)Road); THENCE North 47 degrees 23 minutes 00 seconds East along the Southerly side of Main(Stale) Road 12.97 feet to the point or place of BEGINNING. TOGETH ER with all right,title and interest of the party of the first part,in and to the land lying in the street in front of and adjoining said premises. UssA®40WLAD(IMRM•FUMRFrnwwmnNNh1VJuAlwom K U.wACa7YowimirAtAYrFlDAI=DwiinwArNRwYaRii.grAmONLr. StateofNewYork.Countyor Suffolk 1 )ss: State of New York.Coamtyor • - )a: On the$ty of November in the year 2004 On the day of in the year 2004 befoe m the u bfe to,the undersigned.peelly Wpc nSI � Nleolo D1BeR dBRro o pasoaelly imown to me or provod to mo on the bads Jar sali wtory pen sully known to me or proved to me on Ilse basis of mtisractary evidence,be the individuai(s)whose oar e(s)is(am)v ribed to the ewdesroo to Ise the nrdividual(s)whose nome(s)k(are)subaxibod to tic within inmoutud and acknowledged to mo that hdshaltheX executed within instrument and acknowledge)to nit that i dmhhey aacwed the tine in hidberAbeir eapctc lyZ1 ), and that dry hWheditr the tmtae in lilsJhsYllhair mpacliy(ia)_ and that by bcsAerAheer dgnawre(s)on the insmane the inGvidtml(s1.ort�c person upon a refs)11r1 tte iagreuneot.the tndivuduol(s) or the persore upon behalf of-51Z do do i�viduaKs)oc euaemted the br#tru om L behaf of wxi,the individuals)Herod.executed the incromeoL 157. DJMD AD SMONO II NOTARY ed&state of New Yak No.020E4tt9ISO QuaComm on Er&@S dApa t9.20 AcxhowzEwv7wFoemFmUssWmUNNAiYYOIr[STATEOny. AuGsrr%limirPhTFaurFM USE OUn=NewrORK STATE ONLY' lNer•York Smimcdbbit W arraAchiWe mmiCc. ate) IOrrofSwe or Fonrge GnvrdAcInwledrmw Carjllmm) State otNew York,County of Its: .................................................. 10mrkre Vrna eirh3u"Cwmry.Prorimv nrMnrkWily) On the day of in the yew��P Y appm� On the der of in the holism toe.the t befure ma the undersigned,prlsonally appeared Y the subscribing witness to the foregoing bwnwecnt.VAth whom(am personally wgLWnted,who.being by an duly award,did depose and penionaily known to me or pproroves{to ma an the basis of satisfactory say that hoWwAhey redde(s)in evedcnce w be the individtail(s)wrhaae nnme(s)is(am)xuWcdhed w the within instrument and wkrtowled� m d w e that lic/dr hcy eaexwed (ijrheplacrgfaerid=ririnac•Gy.(ncludedwsme Or"Inaanber. me sainhisAsaAhteirmpacnyy((nex).lftatbyhlsAter/lheino Ys) (fan):rh—p.that M&I-dtey knaw(s) on die insuanent.the Wividoad(s),or the pcnon u behal of whkh the individau](s)acted.eeMdeddic butrimmit.: IIMSInrh iadivid w to be Its: individual described in and what exec the f going ma&mch appmmme before the undersigned in the iaummenC that.said subscribing witness was pwsent}d saws d execute tiro sane;and that said wiliness at the I tmrc sulxaibed (lruenrheeiry arorlrrrtrdiam/slhd!►vrta+andtArarrueor«worn or hisfleedtheir nume(s)as a witnc s thereto. athrr plaor the oekwm edpwnt rvtr tabnL BARGAIN R SALE 11mm vrtn r euvrxerrts AW Msreaurmax acts W.M. DLTMIcr 1000 Srcm4 127.00 NICOLO DI BARTOLO AND Bttacu 03•00 CAROLINE S.DI BARTOLO I oT 006.001&006.002 CDUNTY QRTowN TO NICOLO DI BARTOLO AND REY)RDFDATREQUIMOF CAROLINE S.DI BARTOLO FkI tky National Tllle Face Company of New York UTUANDYMAR.t'O II . Ice IONAL.TITLE.INSL, DAVID S.DESMOND,ESQ. NY OF NEW YORK VAN NOSTRAND&MARTIN am ""ro•P" 53 BROADWAY-BOX 307 RdcUty.>r� w,., AMITYVILLE NY 11701 s.earr..+ar.ww 1 I m s� 3 LL Q a S �a s m 1 2 Number of pages (✓ TORRENS RECORD@ Serial# 2005 Dec 14 02:24:58 PM Edward P.Romaine Certificate# CLERK OF SUFFOLK COW1V Prior Ctf.# t L LI O L D00012425 P 494 Deed.Mortgage Instr►ment Deed/Mortgage Mix Stump Sims Sups 3-1 FEES Page/Filing Fee 2_1— Mortgage Amt. I.Basic Tax _ Handling 5. LI1L 2.Additional Tax TP-584 !!57 Sub Total Notation Spec./Aicsit. or E4-5217(County) Sub Total Spec./Add. TOT.M7U TAX _ EA-5217(State) _ Dual Town— Dual County_ R.P.T.S.A. �© Held for Appointment_ Transfix Tax Comm;of Eel. 5..S�L � Mannino Tax _ Affcdavi4 The property covered by this motgage is or will be improved by a one or two Ccrtified•Copy Family dwelling only. YES or NO Reg.Copy r Sub Totul If NO,see appropriate tax clause on Other ,� Grand Total page# of this instrument.- - 4 District I000 Section 127.00 Block 03.00 Lot 6.3 5 1 Community Preservation Fund Real Property050U708 1000 12700 0300 006003 Consideration Amount $�_ Tax Scivica P T A CPF TAx Due $ Agency RMMA Verification EC Improved - Vacant Land 6 Satisfaction/Discharges/Rcleuse List Property Owners Mailing Address 7'D RECORD&RETURN TO: David&Desmond,Esq. TD VAN NOSTRAND AND MARTIN 53 BROADWAY TD 11.O.BOX 307 AMITYVILLE NY 11701 7 1 71ge Company lnrormation Co.Name Title 2 . S _ .309q Suffolk County Recording & Endorsement Pa e This Page focus pan of the attached_DEED made by: (SPECIFY TYPE OF INSTRUMENT) Nicoln D(cartel c and Carolmne c DlBartolo The premisis herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the Ybwnsldp of Southold Nicola QlRartolo and Caroline S DIDartolo in the VILLAGE or HAMLET of Laurel BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 111111E IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII I IIIl1111111111111111111i SUFFOLK COUN7r CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 12/14/2005 Number of Pages: 7 Ats 02:24t5B PM Receipt Number : 05=0129763 TRANSFER TAX NUMBER: 05-19305 LIBER: D00012425 PAGE: 494 District: Section: Block: Lot: 1000 127.00 03.00 006.003 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.60 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $21.00 NO Handling $5.00 NO COE $5.00 NO NYS ORCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $75.00 NO, TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $30.00 NO SCTK $0.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $161.00 TRANSFER TAX NUMBER: 05-19305 THIS PAGE IS A PART OF THE INSTRUMENT THIS I8 NOT A BILL Edward P.Ramaine County Clerk, Suffolk County • PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS:httpJ/www.orps.Btate.ny.uB or PHONE(618)4737222 FOR COUNTY USE ONLY C1.6111113 Coda I Vr-7-7 A7.0.9 I REAL PROPERTY TRANSFER REPORT !, / RTATE OF NEW TOUR �(/1 n' Q.Date Dead Bscoeded I �/ 1 /I'J S•`i • $GTE BOARD OF PEAL FROPEM SERVICES V RP - 5217 C9.Book 162 .z.�. 4hC4 Paps sF uv Rn]Iw' PROPERTY INFORMATION ' 1°Yapirty I 475 I Condor Court I Lemffin areaa:rwuagn ar nla4 I Southold ! laurel 111948 an wtosnw a arm z Bw"w I DeBartolo I Nicolo I Nem. war rwaw.arwaaavirr ear I DeBartolo I Caroline S. • I asr.wrsr 'L Tax wSamManfutureTaaBWmtobean . OMLv if olhw dorm buew addrma tar broom d lwm)I Address IWNUT FAM50 AND MEET k&V1I n� I eyAte I am Raw C Indsift the n rebw of Assessment I .f. I P*B M of a PwnO ch-6 a dwr oppr Ron pwesls vmm%r.d on do dssd a of partxds OR ❑ Pat of■Parcel K hwWng Bond wkh Subdrbton AUMrhy A&. ,❑ C Dead AIR Seb Melon Atpru al win Rtaukod for Tnuraler A.Pt7 I x I was I CAI 1.D.0( 4C,Pad Appra d for Subdwhlon wth Map Provided ❑ aba L sans t DiBBrtAlo .I Nicolo I . Name W.1 I DeBartolo I Caroline S. wTaarRrni.4 I Imm . . 7:Ohesb do bar®elan"rMddr most accormaty deswlhes she m of do props"at dw time of sate: Chekds bows bdrw m des"spdr• L Ow erAlp Two le Condwinium A One Family AwldardW 'E AWMIMmal 1 Cammadtv Swks• L New CansW ales on Vaunt UM ❑ J or 7 F-11 Radesndd F Commercial J Mbmial 104.Property Lawan dwtlin a.Awkiftral Mcold ❑ C Rnldentlal Yawl Land O Apadnsd K Fublk Senn 10L Buys wemisod a dhdosos ooka ndiceft ❑ D Non•RddwNal Vourx laved H Emonal weva t Amuwnan 1. Few e.d The pppwtrly i N m Aproltad dsull SALE INFORMATION r 1L Clack en or mars of them conMe s as svBoes(s to trww I 11.Bala Contract Dsts I / _� A Said Elabo rt Rebes m eiv w Fosr Reladves m:h D" B Sale Bamowr Related Cwnparrw w Pedants In Busmas p C one or who Ow pre Is of an a Seller 1z Dot@ of Bak I Tmtrdw I �� / a ! (0)4 1 D Buyer w Won I.Oo"wnnmwt ABetW w tdrWnB 4mluaion Da► yaw F. Dead Typ@ sw Wtn"or tlrpdn and Bala lSpedty 11slaw) F Sala of Fractional or Len(har Fes bower tepwN Bab.v) • B r G ftrdf set aarwa in Fvagdy Bdwwm TOLON 9156 and Sale On is.Ford Bak Fab. I D ,J' s 11 Seto.of 0walnns 1.tnduded In Sato Price IFull See prim is the rrd macma paid for Ow propoW boaq'e0 parmres propwty _ 1 Other Unralrat Fsors AfhednB Son Pdw o ISwdh Below) Thlo primer may be In do form ul wyek,wl.N pmpatty w Boodti a tiro eeAlmpdon no J Nees rmnpgn or otlw ohrr0atimal RLase nurrd ro afs rsanmr erbai ddw amount r 1L Mute ti;.e.k.a1 p..eer I -a .O . D 1 mopwe"branded In We eaY • ASSESSMENT INFORMATION-Data should eollaxt the latest Firm Aamurtant Roll and Tax BIII p l� 1L Ter of Aaamadon Roe fawn I/J,�117.Tod Amemed VYr Id all Female w degas)I N .R'.Q .6 I sdwldt brfarawsden tafat . n 7 1 1a haprly Gar /Lg,-L-&J-U 1B.Sdad Drtwkt arm.I //4 t0.Tax AUp Idanitawbl I Roo Ido n it I Of aeon then fmw,atsdn elan udlb addMoml hfardn"ll I 1000-127.00-03.00-006.01 81 006.002 1 I r I I I 1 CERTM ATION I eddy that d or the kcm or falbe=O-enkrsd on Wb Aram w;Wee md•itatg Ito dw bag of eq bowNIF ad brlkn and I adormand this Me mldrg or any wow.i6y slatanns a of materld h kwdo am w led me m Ike Lro.Wom d ds sxaW his rtmlaw b 1hr®klnpand atq or dbe f>s wranta J FUYBrS ATTORNEY &eoAc 04 Desmond I David S. Nitm10 DeBartolo an I wreaW. wurrww" 475 I Condor Court 631 1 264-0303 nasal wrruu aIs►r rrasr wmwaaui ran row teumew wwrsA laurel I NY I 11948 onronttrwr wnie scoot tJFR ENEWY:ORKST/04 lo ThBBrtolo °""/ Town of Southold Zoning Board of Appeals Re:Application of Gebbia June 5,2024 �v Exhibit F 1966 Map - ,} �• n k*`1a•.°"� k > r \: 'f`'MT lc.� ,..� ate—,—�:.--- -- _ ' � 111 , v — C, a Z _ C��Id.-, _ r a a+ RAJ P•' V�A N OA.ty t 1 -- AU45� • - - TAr MAP V TOWN OF SOUTHOL.D x I IC-rL D.:.TR'CT w, LsrecT w _ r Town of Southold Zoning Board of Appeals Re:Application of Gebbia June 5,2024 Exhibit G 1977 Map WA . .TOWN OF SOUTHOLD :. REAL PROPERTY TAX. MAP COUNTY OF SUFF®.LIB , STATE OF NEW YOR bl DISTRICT 1000 - - .M�vY.rtrrm.wM~nlrWvrr Vlw+ _ OR . r - nnrprNKeWiuwl�[v uws*p.enrr Mb 1 . t _ .• ' .,©trot mNrT r[r wV[vT fY nrrNt rvOcr - .. • VINMWasr+b rve.r,ONV r.K.Morttr YQ[mu rN w�n.r � + M�s NU Mr Y.K4wKVSaV Vgprr .. rw.Vr6..I.Yrr+ � V � g10[x N tNNJA iV1 wr...IIPI-[[I{.rILL LMO[ .. ' xrt o.fuxwn»r.w m rLtexa•[rL[w ipxrmpnal ��~il`, ,_�t/1�.;�raTYlti�NL '�Ixnx.raarou,v ctmrNLtxxl Munn n nl[Ko[[ m .. .. .. , ' ! •m n[xu[x.0 Lnw:laao aoaaa oaoo oawaor , 7 �xnn.ox uL xu NLw n.txuL yn.x:laoo om 1 1 - . _ . D• rx[..,.. j nrL11r1It LtllOf NLLL Lr1[Y x./.M xm[[ [MlLL fXOx. 10[0'NYW 000 apd0lr vlxnLU A[W - - ' 'I vf[V xILL MOr 1000 00 1.1.1 , . u -Sl2;r~ yi {_j"Y•rCN - _ � .1 r t,0° oYe•am Yu. /� l. , oY Xaaca w -�4a.n _- 9.\ 10I ••�ra>-Oa•eei•r d/ a[C X rt e.yN-c!� .e f ateaW Ai nY•w 1 C t I •'d v ' .. P M�. .!•N - ..\\. YarGN 'O .[r.[- f sties` p♦ dI ♦ ♦ •, - -.YYa�na�"n. --- ten... _ _.,...Y•.-.u--.Y.—.ua�[... ,[n cla ur' ''© COUNTY OF SUFFOIK� TMMas SOUTHOID Real Properly Tox•.Ser4ice Agency,aha pa o. c C., y CYnrar oaiecio 1000' •t .y_ _� - — -- -- •- - _— — mt 'rNNa.+... d_ Ri.erhaod,1.1.,NeX,YYr1 PROPERLY vAP.' 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 OF SOUr P.O.Box 1179 54375 State Route.25 . f Southold,NY 11971 (cor.Main Rd.&Youngs Ave.) mod '''" �O Southold NY � " Telephone:631 765-1938 � :: r'01 www.southoldtoNmmy.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 N. 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 "I-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. NO - iii swx P®_— •�r„F 'aia___�i3 _ •'e_`,�,.�,.__ _-- _—__-_."—._:,--:d,®mein___ ____--___: �IIR'�iI�L�FA'_ J�", -'i�B5R�6TN1tF&LIP�G ...: _�fiAC"b46BE_�B6Y_�AE==Alm MIN 1.0 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. SURVEY OF PROPERTY `yg J ,\• SITUATE 0 `t\ LAUREL #4 J'•° •\i TOWN OF SOUTHOLD 1 SUFFOLK COUNTY.NEW YORK S.C.Yax Nn.t000-,v-o3-o.a SME i•=so• auewr.S zoiz I % V 9 � •ram` t • - � - - - i " n 5, t: al"D Nathan Taft Corwin III Lend Surveyor �..,,.... �uu `•yam;-; o Town of Southold Zoning Board of Appeals Re:Application of Gebbia June 5,2024 6'1 Ak 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, 1.5, 1992) R� ji/3e,1Q.r , 4 At a Trial Term, Part I of the Supreme an Aft6iney at Law, & hereby cort+y Court of the State of New York, held .pursuant to Sec. 2105.CPLR. that. I in and for the County of Suffolk at have compared the loreacing w�th the oft.1real and heve lcand is. t-a be a true the courthouse thereof, located at a;zd cam.. "I".. Bay Shore Mini Center, 1700 Union ulevard, Bay -Shore, New York on the day of OcTo1�_ . , 1992 . PRESENT: HON. PAUL J.. BAISLEY, Justice - - - - - - - - - - - - - - - - - - -X ELEANOR DIACHUN and ROSE DIACEIUN, n ivi ua y, and as­1Succ—ess-6T— Co--Administrators of the goods, chattels and credits of MARY DIIACHUN, deceased, JUDGMENT Plaintiffs, Index No. 88-014985 against Calendar No. 91-01234EQ HALF HOLLOW NURSERY R ALTY CORP., LLOYD RASWEILER, THE LONG I L ROAD OMPANY, GEORG , A. Mc ARTHY LILLIAN QUALLS, an E PEO L OF THE STATE OF NEW YORK, ENTERED: OCT 1 5 1992 Defendants. AT: lj .,3a7 - - - - - - - - - - - - - - - - - -X The issues in thi action raised by the Summons, verified Complaint and Notice f Pendency filed herein, by which it appears Plaintiffs brought th.is .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. Oroperty owned.by the Defendants, Half Hollow Nursery Realty Corp. , The Long Island Rail Road Company, George A. McCarthy and Lillian Qualls and upon the pleadings and all other papers filed herein and all the proceedings had herein, and the matter having been regularly brought on for trial before the Hon. Paul J. Baisley„ Trial Term, Part I, held on September 3, i 1991, at the courthouse, Bay Shore Mini Center, 1700 Union ' I 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, Donald Tirschwell, Esq. and Donald J. White, Esq. , the Defendant, fhe Long Island Rail Road Company, having appeared by its attorney, 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, Wickham & Bressler, P.C. by Hubert F. Sullivan, Esq. of cou sel, and the parties and their respective attorneys having stip4lated 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 ORDERED, ADJUDGED 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 confirmed; and it is, further ORDERED, that the title of the action be amended in the captioned action by adding the names of Eleanor Diachun and Rose Diachun, individually as Plaintiffs and w1 thout. prejudice to the proceedings heretofore 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" withou prejudice to the proceedings heretofore had herein; and it is fur her -2- ORDERED, that the Plaintiffs' complaint against The People of the State of New York is hereby dismissed; and it is further ORDERED, that the second and third causes of action in the i Plaintiffs' Complaints are hereby dismissed; and it is further ORDERED, that alll 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 Hollow 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 County 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 Southold, 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 bounded and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at Laurel, Town of Southold, County of Suffolk and State of New York, bounded. and described as follows: BEGINNING at 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 of land of Lillian Qualls and the northwesterly corner of land of Sawicki; running -3- thence through seid land of Qualls the following two (2) courses and distances: (1) South 20° 17' 30" East 112.72 feet; and ':(2) South 22' 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°f'f 17' 30" East .687.19 feet to land of The Long Island 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 westerly through land of Half Hollow Nursery Realty Corp. along a course which is 8 feet southerly of the (northerly property line of Half Hollow Nursery Realty Corp. to land of Diachun; thence along land, of Diachun North 370 34' 20" West 10009 feet to a monument and land of The Long Island Railroad Company; thence along land of The Long Island Railroad Company the following three (3) courses and distances: (1) North 46° 43 ' 10" East 428.12 feet; (2) Northerly on a curve to the le t having a radius of 27.07 feet and an arc of 31 .66 f et; and (3) North 20° IV 30" West 53.77 feet to lant of George McCarthy; thence along said land of McCa thy the following three (3) courses and distances: ( ) North 20° 17' 30" West-'692.28 feet; (2) South 69° 42' 30" west 2.0 feet; and (3 ) North 21° 33' 00" West 41 .2F 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 BEGINNI-NG; and it is further ORDERED, ADJUDGED' AND DECREED that the easement of right-of- way is limited to the passage of passenger, utility company and farm vehicles and no utility lines such as water, gas and electric are allowed to .be placed thereon. The Plaintiffs are responsible for the maintenance of the aforedescribed right-of-way area, with the exception of the blacktop surface area as it crosses land of the D fendant, 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 -4- assigns will be responsible for obtaining and maintaining a liability insurance €#olicy of $100,000/$300 ,000 coverage naming the Defendants, Half !Hollow Nursery Realty Corp. , The Long Island Rail Road Company, Gorge A. McCarthy and Lillian Qualls, their successors and assigns, as additional named insureds and it is further ORDERED, ADJUDGEE AND DECREED that the aforesaid easement of right-of-way will to minate if the Plaintiffs land (SCTM No. 1000-127.00-03.00-00 .001 and 006.007) 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 premises; and it is further ORDERED, ADJUDGEE AND DECREED that the Plaintiffs will reimburse the Defendant, 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 (91 ) feet from land of Thl Long Island Rail Road Company on the southerly side of th� aforedescribed right-of-way as shown on Appendix A{ and as s4curity for the $5,000.00, Plaintiffs, Eleanor Diachun and Rose Dia hun, will execute a mortgage which will be due and payable, wit out interest, on September 2, 2001 or on the sale of Plaintiffs' 3and to a third party, whichever event occurs first; and it is further ORDERED, ADJUDGED AND DECREED that all legal, recording fees, New York State mortgage recording tax and any other expenses incurred in the prep ration and recording of said mortgage will be payable by the Defen ant, Half Hollow Nursery Realty Corp. ) and it ' -5- is further ORDERED, ADJUDGEd AND DECREED that the Defendant, Half Hollow i 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 Southold, Suffolk County, New York, bounded and described as follows: ALL that certain plot, piece or parcel .of land, situate, lying and being at Laurel, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at 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 cf land of Lillian Qualls and the northwesterly corner of land of Sawicki; running thence through said land of Qualls the following two (2) courses anddistances: (1) .South 200 17' 30" East 112.72 feet; and (2) South 22° 06' 30" East 164.29 feet to land of George McCarthy; thence along said land of McCarthy South 22' 06' 30" East 40.75 feet to said land of Sawicki; thence along said land of Sawicki South 200 17' 30" East 687.19 feet to land of The Long Island Rail Road Company; thence through land of The Long Island Rail Road Company South 200 17' 30" East 71.69 feet to land of Half Hollow Nursery Realty Corp. ; thence along said land South 46° 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 Georqe McCarthy; thence through land of McCarthy the following three (3) courses distances: (1 ) North 20° 17' 30" West 692 .28 feet; (2) South 69° 42' 30" West 2.0 feet; and (3) North 21° 33' 00" West 41.27 feet to. land of Lillian Qualls; thence trough said land of Qualls the following two (2) courses and distances: (1 ) North 21° 33' 00" West 163 .73 feet; and (2) North 20' 17' 30" West 108.0- feet to the southeasterly line of Main Road (N.Y.S. Route 25 ) ; thence along said line North 470 23' East 12 .97 feet to the point or place of BEGINNING; and it is further ORDERED, ADJUDGED AND DECREED that the aforesaid easement of -6- right-of-way in favor of the Defendant, Half Hollow Nursery Realty Corp. will terminate when the reinstated farm crossing across the Defendant, The Lung Island Rail Road Company's property is removed= and it is further ORDERED, ADJUDGEI) AND DECREED that the Defendant, The Long Island Rail Road Company, will do all construction work necessary to reinstate the farm 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 the Plaintiffs' surveyor, Roderick Van Tuyl, P.C. coordinates the exact location of the reinstated farm crossing with the Defendant, The Long Island Rail Road Company's engineers; and it is further ORDERED, ADJUDGED AND DECREED that the reinstated farm crossing on land of Defendant, The Long Island Rail Road Company, will -be of the same ti pe of construction and characteristics as the former farm crossng and it will remain in this location, unless authorized to 6e removed by a Court Order, at which time it will be removed withi sixty (60) days after entry .of said Order; and it is further ORDERED, ADJUDGED AND DECREED that a certain right-of-way heretofore reserved to the Defendant, George A. McCarthy, in deeds dated May 31, 1950 anti recorded in the Suffolk County Clerk's - Office on May 31, 195 in Liber 3082 Page 319, and September 13, 1951 and recorded in he Suffolk County Clerk's Office on November 26, 1951 in Liber 329� Page 52 over the easterly 12 feet of land i of the Defendant, Lil !an 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. McCarthy, from the date of, entry of the Judgment herein, will`: have an easement of right-of-way .in i perpetuity from his lend to the Main Road (New York State Route 25 ) over the land of the Defendant, Lillian Qualls, for the purpose of ingress anp egress for passenger cars, farm vehicles and other utility corn any vehicles, which easement of right-of-way is more particularly ounded and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at Laurel, Town-.of Southold, .County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southeasterly line of Main Road (N.Y.S: Route 25 ) 7.03 feet southwesterly along said line f om a monument set at the' north-- easterly corner o land of Lillian Qualls and the northwesterly cor er of land of Sawicki; 'running thence through sa d land of Qualls the following two (2) . courses and d stances: (1) South 200 171 30" East 112.72 feet; and 2) South 220 06' 30" East 164 .29 feet to land of .G orge McCarthy; thence along said land of McCarthy South 71° 49' 30" West 13.'61 feet to land of Lillian Qualls; thence through land of Qualls the following two (2) courses and distancest (1) North 21° 33' 00" West 63.73 feet; and (2) North 200 17' 30" West 108.0 feet t the southeasterly line of Main Road I N.Y.S. Route 25 ) thence along said line North' 470 ,231 East 12.97 feet t the point or place of BEGINNING; and it is further i ORDERED that the ntry of this Judgment herein is without costs and disbursements to any party. E N T E R GRANTED pAUL BAtis� � J.. 001- 15 992 k i 5 1$92 iJ.S.C. OF Efl Edwatd P. !"rrn�in6- 'gp, �IllNF Clerk of �4y Cl4!!(OF� 'COilill.T •.•. . i -S- �S :TATE OF NEW YORK,COUNTY OF ss.: the undersigned,an attorttey.adntitted to practice I&courts of New York Slate, cemlkahon certify that the within ByAllomey has been compared by me with the original anld found to be a true and complete copy. Anorney's state that I am Alfirmallpn the attorney(s)of record for. action;I have read the foregoing in the within and know the contents thereof; the same is true to my own knowledge,except as to the Itlattcrs therein alleged to be on information and belief,and as to those matters 1 believe it to be true.The reason this verification is madeiby me and not by II The grounds of my belief as to all matters not stated upon�my own knowledge are as follows: i i affirm that the foregoing statements are true,under the penaltic�of perjury, )atcd: TATE OF NEW YORK,COUNTY OF Tterumeeignaemuittiemintsetii'neetti """'" ss.: ❑ being duly sworn,depose and say:I am lndiaiduei in the within action;I have read the foregoing Veril'"floo and know the contents thereof;the same is true to my own knowledge,except Corporate as to the matters therein stated to be alleged o information and belief,and as to those matters I believe it to be true. Verihu thetien' Of a corporation and a party in the within action;I have read the foregoing and know the contents thereof;and the same is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief,and as to those matters I believe it to be true.This verification is made by me because the above party is a corporation and 1 am an officer thereof. 'he grounds of my belief as to all matters not slated upon my own knowledge are as follows: wornto before me on 19 ..............................................:......................... . The nema sryned mint tro prinled taneelh"""""-'-"•'•'--'--' /r PATE OF NEW YORK,COUNTY OF ss.: (Ir mnre then ene hot is ehecied—indicate Cher earria type or eerviee a d.) age and reside at being sworn,say:I am not a party to the action,am over 18 years ' - n 19 I served the within ayuca by depositing a_true copy thereof enclosed in post-paid wrapper. ve care and custody of the U.S. Postal Service within New York State,adessed to achcof hial e following g persons under the e at last known address set forth after each name: - ❑ pe r°nel by delivering a true copy thereof personally to a ch person named below at the address indicated.I knew each person served $B1"'0 ual to be the person son mentioned and described to sat papers as a party therein: seraice ay by transmitting the papers by electronic means o the telephone number listed below,which number was designated by the Electron(e attorney for such purpose.I received a signal fro the equipment of the attorney served indicating that the transmission was Means received. I also deposited a true copy of the p pers,enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the U.S.Postal Se vice,addressed to the attorney at the address set forth after the name: o mnyl by depositing a true copy thereof,enclosed in a rapper addressed as shown below,into the custody of $mI0e for overnight dcliv,ry,prior to the latest time designated by that service for overnight delivery. i rrn to before me on 19 i ............................. .......... The name algned must tb printed 6eiweRi ............... I I I I Ca1'n -�'�s .- 91 wso.e Index No. Year 19 Sir:-Please take notice that the within-is a(certified) true copy of a Judgment SUPW£: com 0r TM STM OF NIN TM duly entered in the office of the clerk of the within 000M CP StkT= f named court on October 15, 19 92 ELM=DIACHM and FM xndividtsany; and as Swoessor Dated, October 19, 1992 DO--Adtniaistrabara of tha goods, Yours,etc., bB1A and CTedit93 Of MW RICHARD F.LARK _ ' Arrorneyfor Plaintiffs plsuietHffge agaiTat ice and Post Office Address MAIN ROAD—P.O.BOX 973 MF HOLUM MMMM RPM Q00•• • 1 CUTCHOGUE.NEW YORK 11935 LWD =M=zR, TM TCs ISUM TO: DONALD TIRSCHWELT.- ESQ. RWZ FM McANY, A. pp DONALLD J. WHITE ,E§Q. f 1 macirow, T•TTrT w QMUM, and TM I3ui°sseryyeykceaQCyD;oi�pnpda ts�loyalRasWe3Qer PEME OF UM M OF NW 7M, Y To: TH&aS M. TARANTO, ESQ. ittiQrne� or Defendant, Long Island ! TO: i raa I�,WJ�CKHAM & $RESS�ER P.C. ttot.`ney or De en ant, Lilllian ua�ls tt T0: Pro S R e A. McCARTHY JUDGMENT 1, noeleew�aruroir Sir:-Please take notice that an order . I of which the within is a true copy will be presented for setelcmzrn-e-...htee ver---- RICHARD F 1 ARK Atrorneyfor Plaintiffs - -- -- one of the judges of the within named Court, at Office and Post Office Address,Telephone on 19 MAIN ROAD—P.O.BOX 973 M. CUTCHOGUE.NEW YORK 11935 at (5161 734.6807 i Dated, Yours,etc., RICHARD F.LARK To I Anurney,lor Office and Posi Office Address Attorney(s)for MAIN ROAD—P.O.BOX 973 i CtsTCHOGUE.NEW YORK 11935 Service of a copy of the within j is hereby admitted. i Dated, e ' ' To ............................._........................................ Attorneys)for Anorney(s)for ]90D—lUuus elu•IBE W wG uw n.r,a weuWEll,..I.rc Irma Town of Southold Zoning Board of Appeals Re:Application of Gebbia June 5,2024 Exhibit J Trustee Permit No. 4551 \/ Aift i Board Of S ' uthold Town Trustees ` •: i 1 J T ,ti SOUTHOLD, NEW YORK , . .. PERMIT NO. ..5!s �.... DATE- ...12./21./9.5........ \ ISSUED TO NICgLQ Ui B•�4RTOL0 .. .... ............ ............... .... . ... 1 Pursuant to the provisions of Chapter 615 of the Laws of + ' 1 the State of New or 1893; and Chapter 404 of the Laws of the I ;' State of New York .I 52; and the Southold Town Ordinance en-titled "REGULATING AND THE PLACING OF OBSTRUCTIONS ! . ' IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TO N WATERS;" and in accordance with the ` Resolution of The Board adopted at a meeting held on ......12./..2.1/.95 R: .b 19...9..5..., and in consid4ration of the sum of $.150...40 .. paid by NIC.QLQ..D1. BAR.TOLO........ ................ ........ N. Y. and subject to the of ..:.Laurel...........................�.......... �• z Terms and Conditio s listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: Wetland Permit to con,-tr. a 20+X12' bridge, a 47' ret. wall on east side & a 301 ret. wall on west side, exist—ret. wall on north;" " side removed, every of er 'stave removed-on south side, approx. 10 c.y. of fill brought in, haybales on up-slope of prop. , re-veg+� ;4• 1 ' 1 drive:lfan accordance with the detailed specifica+ions as presented in E, drive &3� ariginating,application.be limited to 1-family, & new drawing +ireflecting CAC recomm., as reed. in Trustee Office 12121/95, & r t�lbridge con-IN WITNESS HEREOF, The said Board of Trustees here- '!form by causes its Corporate Seal to be affixed, and these presents to s., iII to DEbe subscribed by a majority of the said Board as of this,date. '.:recomm. date 2/4/95. d yc /?v! ............... .......................... tees !; i. -'�'-d w .. '��:':�.::c:�ic%�,.'�,,;dLT'•• -.� .y.��—: ��'.i:if'.:r.s_:��1;.=-.�-f'�ilY:s�.a.��� Town of Southold Zoning Board of Appeals Re:Application of Gebbia June 5,2024 Exhibit K ZBA Hearing Transcrip(dated April 17, 2003. Page 50 April 17,2003 Southold Town Board of Appeals Regular Meeting Public Hearing ,v 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 thrs 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: es werdo ave � 5Ut;iTi"=i`fKlWV,,% s or U.ersona use dt�s a unauardedfrai roa crossing an i,rs no sunnose o e use or commerce 1 urposes and ec k i lilyit eves a s a yreme cou it or er on i . s a irni or er,its not erpe ynhreanMe orprnanen s U r 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 of your 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 17,200 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: a ime we ffa on y access E I Zou . a temporary easement -7 w o go hrouC.ondor •oust 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 ISSUED TO: JOSEPH A.GEBBIA t< 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 of Trustees adopted at the meeting held on December 12,2012, and in consideration of application fee in the sum of$ 52 0.00 paid by Glenn E.Just and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to reconstruct in-place a 61'x24.6' barn;with the condition of the installation of gutters to leaders to drywells; and as depicted on the survey prepared by Nathan Taft Corwin 111,Land Surveyor,last dated April 11,2613,and stamped approved on April 23,2013. IN 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 of this date. o� �ygAFFOl,tc - o �' `ice �� • ��+_V..: ...-...__ . ... �hh;; 11S NOV 14 2012 10 WOOD CP 4°p�G G s y.� f � o• c�110pel \ G oy A -10 c � ae2—���� s. �k'a, rpo zl� 0Go � Gp�?s y '•,o. 2�v, i 10• SURVEY OF NORTH EAST PORTION OF PROPERTY (/�V �s SITUATE LAUREL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-127-03-6.4 y' SCALE 1"=50' �+ AUGUST S.2012 10, APPROVED BY eOAaoorlauslEES �` TOWN OF S000fO1D ♦`op i a � ♦ tb .e{��, �1a� rea�®�i iluv.�i om�mvn�is ra�aor w.ar,c mn wn� r \ r 5 A w li t• 4 C F � r6Q M � ♦ 2♦+� (r 90R 1015W, /� Yt c�•�'" yea t s rou po Nathan Tatt Corwin III Land Surveyor �cumn-ma mcmn„-m. 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 i j j I I I I I I I I lUC 21 lUa ' j j . I I I nm�eoac l i I I 7J.io% ; i ,ownoreavmar 1� ^[e7nssuvcb" MAMCEIR00 —®arw%xaoa ®Rssexe%b ;i wuzeD B`•_-----'---•----'--� _---,ioA_— --_ _—_ ',z�'i—_—_ ,1 a2►I•---•^—•-------•—'— I I 1 I ``�IISS}Ip7LLie%W 74 V-3% V-3 - 1• j- -SJ 'ra@ I '1��©H557%%1(i6 f®iasssxub xss�xb� �i I I i I Mssexxci-� -------------------------- _._-__---___--__--_--___ —— j I 1 I I I t 1 I I I I I I I .'-F VAWARR00 I h I I �®RWGFAROD 1 I I L \ i <yi11' I xst ml s 1 I I .�,R,MANGER ROD i I Ij AAA I 1 I 1 1 I i I 1 r I I 1 i I w I i i I I I Y I I 1 A- -- ------------ z-�b�•-•= •---- -----•---•---- -----------,z-0tb----•-•- —Lr- - ---•---- -- zra+h al as osle I 1- I i i i I. q�sa REV -DEICM-04 DATE _ D:i'_&, TEBBENS STEEL. N`�2`Go BAR. eoD etJg2M21 Dlw - . DESCFA MOM FyµING PLAN . PROJECT NAYE IAIIF�L BARN ADONEES DETARER _ B17rPPA_ DRAM Dr BR "ft. DRD y. PROJLIAJ41 TTEggENS DWMM O511212010 I80503S E1 7=77-..e_.._ I . } I;I1 dell i h I. ei . r ^el�•, �- - Este_ I ' I I I FP I I ' I ` -�. ifs l__ `?' '•� "1` —__�- _ _ — _ _ 1 t I •I' . 2: 1 I GEBBIA-DUNK 475 CONDOR CI _ LAUREL N:Y. ; 1. GENERAL NOTE: SrY.Cary — wN n�wm.•• � ' �Tarr_ b d L1DwwYm.RIDJI . D•II..d1 p.Aw•. •Iw.6 N DaaNrO rar10 a n �7. Bale.DIDI.IaA'Y N M waAN AA btN�G/tW rio mub N rmw� Up.MOr••�0•I ]P-T..ean.aor MN w rr M'W wrM N aNwa+.•d cr,mlro andm+...mr n.aa wla w ariNaxa��nr.wi+m NYAY.•lw n w•Ybnl1 m^oMY°" ' 1•peW r,n wOm a Dmpwy ownr. Do liol M wa.W i]tai.O IRD�I . Dar•Dam.aaw•d W•muN or..aYn�mew.l�-m•N11Ilt. ' n oI•+f a warwt d IMIMKb.I a•mb•1 _ . d n mr.NY b DYD.b T..^�••raAtd.ea. 1. AJ wmM�WY�b�lalabm b n rrriaN.lid•awNO.Oa1 d N rdrlrl wd y Cmepa Y b wNYN.avM•r im W b bb M d d•�an n bO...NNwM. i / llr dm.�p.M nw tl b.OIldetlw.M TAaa�brwm. 7. ..A•/b N DOrwW�'wN0UT1%b woNw II p•OYq aawdwl. MW,m IYW wm bM lwrraaNltl.w•m.ro.wt b r•.WAam•b gt.r•4 Mn d OID.pyd,p.,nrYDLw d wNw ntl•Iwak paw•r.wm N . pM'[ab9.r wb mlbkOeY b DAi Dwdadw bndN N adN b ONW n wa.w.Oal1 W'en•aW'mw.w dA n INRDaw/•Ir�wM mfNO• /, ilr COnalae•li11 mM•n ANOIw7•mRVmrlO n wwY r OakM, UYvlb•'N ^tea mG M-•w b a0W i.0•. f0.TN COnY•aw II�N Dmrb.DbDw Ibaro�bNAV b N 1wNN•0.dirt.•. prlpi m I.IrON.1.IHro mural.:. I1.P.IiOi'q.NwxbL INAC wd'IMw wDM1 W/'b D•de•wd DY brwl , pwpw,.w+c'.b•wlnb•b wd DWN N 1•prW yYpabro.Tb OWr . �m•1 b l�lpan•/Y'w IbN b(M•bC, O MbaM wYr Id0 Cr ' wtl Nwa1lbNp eA d/w GaAK4✓.av b CONSTRUCTION NOTES 4 1, w baaapl InN.l m uwwew.Ia N.mD:DDm d ae bb•ea pro.. x. Da•.d a Dv w.IDM.mNbtlm peW Co N 2/d.2.ad•m nerd• ] 52 Wr.NWT b a.Nni.Q.m.Ud wood W b.h.ba•d.EO!..la mODw IwM m110. m D 7a7f and b k Ul d b. ldwn 1 1. 5w, XNx RW-en ASTM I wUI b rbw YOa SUN ou]a5 ca iltl mmd•ma.a.DKa�Od]a•• a. wr+s Bo/b Nlba•0 M.broad dbvwlw b.dipm.M.bN'0.P..d upm q m wdn••r.Da artlbm 14 nubmulWww mmpen.w NN b e. 1NYm aawie.nwd N hl�Fp. r2.a 0101 OagY.,N. d bf•d�' 1 T. M'hmUD Iwnnbaa W..dada I.N b O Drwb]I• bipa . . AFAD Wam imiM cNammen_NMUN b OM W M brag DwNugl lWid1l • pWNd N R701.2.1.1. a Ol M.Gnwp7 f.'�A.W1Du°.-m^gwn"U t/W�aY^pN Ma cNpd I . CaweNb.Cad•d'n Sur A 1]Iw . f. FnbwA]0'NW b P.,ww b N aDOd bmwd aYMxOm b wb]dIDO _ Ytll ws CON R f02.0 b bm YI•aim1Y am b w.ba••n.Mtn and i 10. n bD.tlN w and wwo. . 10.'PIWnM DWI WI b aab.a b QAIM aDwA�m N.wm..�A wrw NYS m••R]Ol,x.1.2 x,a.r v.amAW. 11. Ap m�Daa d.0 11lw.YIIm•• dilb�16 b aTlor%i.w IDOI p•.+OaN'm W dy aOrY m N.Yd N n Y•cwYV aal•. 1 GEOGRAPHIC&,CLIMATE DESIGN'CRITERIA, ' GROUND SNOW LOAD IS RVI I /,J wMD$DEED. 170 MRI �/ SEISMIC DESKOI GTATWIIY S YIFATIrFROq SEVERE FTOS}7 lME DEDTN ]/• TERAOre 7NRFAT NOOERTo of NMTE DEGY SLIGNT TO MODERATE Wa71ER DESIGN TFA]DERA7UIE 11 iL00D.NA2MD AS.NOTETI.' N]3 wpOClb•POO,I�.IrI0YTl Nwlw wY00M IKrtwl�RNr0wW1 RIIIDrDDi®wbw Mc.[wOte! , . _!/IP6r1O11p IwCEOrC®OwW1rGT+lY � NA® MI.MSImsArbliMM.w•I NO � •:AtN ywl r/,yDaMrwmraMlrpl � 1.Dql.mIDwWLIRTMIb•mbn.rMwMDNOYmr' i ' mFOIR ANYWMM1906 fi.6t m0. rema�c��u wwwn•m�ranrmmT rmalPbd�is+nt � I rwulrldrr Aw.w�Aam IOMwIN••.N.tIPrM ' ' 4wOMM wl wbDlil���WNO�!!'Um6 . w+�M An�wis.�i�w.D.�A++Ae.a°swr.RDm+mrn ' wtlrr w po•YlwrAb MwmilmdD.DemMm wwtnbra IpII I pamlTAlCmaYDaw Ccetwa Mw.wwla OP•tlwalwv.wwr �f wwwewwom rrOs/AwnM1�rrMlO erM llAr.AT MOIIMK.[PmYi IRwLti/mUILY.IOmi�b 1M w.D•�Ma A1wNIwKwIs10 O{lR.wbr rRLL:O .DtwRlbwfLLirlwlwMa•I� �' TABL2 PW 212.w1AaYr D®a._wvlaimw,wNle�r eDmuelw wrab ewupvwrwe+ � , ' DA0IOQTYTL_ .e 110or��.wSSr Ib. wam INOI oN1m AITAw].Mx •r Te • .1a baApamrt lamM . i i I w. ram TAt8 rrb19p rOIfA1LL]DAA2 OCraMIrO r®NO A 9]1WiKM11m0. R �p�pfIMLLIR tlrAV,ID AIOilmllr pb.rTlllA rRYl1AlAL DA16 UD1fI 1rM TIl mrl O.M/N6.�T� � L. NlfJralO WAlI..pCIwAR 11.Ia1R1 Mx . I L�M a.� lK Oa�11lw i SIYAr AAN211A.ICxOA f1IIAWltm p RRLOaeba]y.rAef r.ollMOl ti I calewelE Hoop w wclele �, DA]nrATrAum ro NA/wrw i Mrmw+..ncco w+a s AnAMm war � VlUTtlr•OUTAM AwUlplOIMYYr M LLTIwtT1ImIP1AwK WAdIY pe 1UTLJ•. � TWII1JV�. i FOUNDATION PLAN I I M1'dplulrrpTi SCALE AS NOTED JUNE 20.18 s VITq -- ----_ -- — _ _ I l' ress A �. * � TART Oath 051 ° '1 1 OF 5 . ro BOX l9 JOAN CHAMBERS 671.2f1•INf [:7GEB[31A—DUNN BARN l t 775 CONDOR CRT. LAUREL N.Y-------`- - GENERAL NOTES 1. N wpA w o>rA+b b..ROA•�'w d er ww.*ra'cm a ra.rm^�`I sra Cary wd Tan do.n✓+"R.aNm!`�LR@/�'•'".^a•we.n•rd t b.b2. •.a.p..[Yw. ..w N fan.aa w°•d aoo•rnwr naw+a LH e. I LIZ. �M4�PI M fw.nP�b/bW•P^•r w`O vlNr d nurM 3. TIu Can.epr M.ra...na wd v.dy•d a a o.n.r.�.b.a . mrdbr M.Lao ar�eA al tia�.'.a�nwb.a r.�.N w a. /\ LaMn.aD M•.Ld.M Darr. Do nol.tN wan ad.LOi Co� 'Jl/�/ mra b r..w.n a owrH. F.nN,b . .�� M•b.w wanYW•W•mi.••d•c11rr nwrarM op.•d upa� rwW er.rrr a•rdA•a d P•.p.1•LbH mrdaa•�M mwewd w w•m.p.,.r I d er mrdawr b aan'H pone•N 1•aY•dbro d dr r[MW iid I �. M wort r'b ap1•aa b N dwW. Nbrwr.mManO. \V 5. TN Cantu r b aoM•N•imWr N aD b PM M a yw en M I lb t,I'— ' d. 1N aaWP•n M1 b b KdW a'br•rH AawnWKw. 7. R w'N ar Own.a•n r•.•aa•6aa1'b mNr•I wwr•W pDPNm daaW W.9m ItNP Yd tlrl p.pn.•yra•a.n d• ra•D fMNN1cWo b M Na.Ton d P^*�°'•bA'we•dLH d wau/W dwbe poww.rD d e7Ar canwbn W rw•t0we b K Pma/o toodon N abr b b•an do waM1 N•rinta W wd.da.n�bnrba wMb M not pawbf•a.a.b.v b or pOfcl . . . -. a.Tlr Can•.aw•M wn••Dr rr.a«•n...wpwr+�b wow•r,d a•ndbw W rw.prbMap or wat N nWW.. I O—TM 00 F.+ M Q'°/+�•ria ail-an.b 10.7T+car.w'we aagY o�oP/.rww w bla"W r nn•NYv wmwi . btu.b rrrgd a atl+bd.awmrn•- . 11,p1wMp..L.MuI.mac aro.N+w wabt wt a pnlpnwd A bwW pMR nbo w•naP b b•NWr�ra Y aM bo•�r N nWnE. Canawb w b n.Pww! b a>,epwoA s0W W sbd Add dr Tr•CaN•dor r adWaaPao^ar11iV oa d h Catr.cW 40r•b OrNr•rld arNI1W sb.rid• . prwtb atNNKOn aA.H or.m rd TrdaOa CONSTRUCTION NOTES 1.,M bopaP Wa nwl P uM.bAW•ad d.mbalonl d Jd'b.lpr In.pW. 2• poNad maa.rA w Nra.minin.•n PI d 2200 d 2•dry•-4-rbrQ 7. SR ym ar+a b pRb.r.•d.INbd nwd Nd be Nutl•d•bore•IB os _.,_� PPw wWR•b•bd. SAhpn aidNp and mrdMro to/STY D 3979•!N D•WOW I,aLmNend. . I I N.rSnYCadeN "w W=l DOb FW.-. 1nMry I ro—ant nrdb0.waA. Wood F—p Ca•N YD.W Ia ON'anl b0 hWy Ow.•rot lWFCMI "-'W N MIA 1.1.1 M&W6 rn.tar mnpon.aD w_,,,rAb CnNair 8 d M Fnrp1 I CarbvWon Cad•d ar 5—d HN z, I I 9. FN1tlxtNp atAx b prortlW N d-W ft.A —W.ft—wo.rc• j rA%HYS Code R BOZA n btu N.A—ft b•Mr t—tdr••rN l bwwwn a W•1wa rra nd Na• 10. Pra.m�.p.wM atd b prwb.a b RVab aprr.P n.emrdwo wM wo oW M-A.2•Mr w.r.mAW. 11. M padoru d De rr.w.Vuu.w a d..lara m avryH wdr lool Pca4�a 1', . •1tl tlllf.6p CMM N W1.0 N dr'bao.N�btb. j GEOGRAPHIC 8 CLIMATE DESIGN'CRITERIA ATKI Ir ;' I GROUND SNOW LOAD "4s pal. / no SSEISLOC DESIGN CATATG DRY r a `- wEA7RERpl6 SEVERE 1 I/ FROST LINE OEM ae- TERL.RE TRREAT YOOERATE T0,WAVY DECAY. SUGrrr TO MODERATE . .. MDES�ITERTEMPERATURE it FLOOD uAZARD As NOTED f -lmsswboslaieoraraarb•eRwwnba Lt•arLN baulmw� I•aTweamro.leobawl ae rwnzm RAPI rFabw•biOp nLA�wb.rnmsTrabonr•Dbo•eamr�re++e rm•mA•.1N7 a•ML.rRllmpTe•rdrrnrNe Ab Aerw••N ro ' i .•DooR�Tbcr rAaaaLawrre apntawtm arbw•rR02eM.Raa � . - _ N[L'A-..t RObswILIQrMIbawDERlOMSMLT�Y I m pw o+ArrtvL unae7 eduF bt®1•w i Qr7101rb.11W RA�ibM110 gPnarplP Ral ! 1 �a.uir4cr.oA Aa�ro MrADwrwabwM, I A.•r ne.wa�arww MwAamarb•wrrn•rwLbb � _ � nmuLmAa ReRALesww MnrAo•A>•.eTLmAbe R.YA!!0•m' newnAo.elr•aAw..nalR rwbm AT.AwaesaAN1 re bmrm A wU•1Maar.D1 4AGM L[ra•cllOMa®wKfQlDwr MrN 1 rlwLLOwA'y wlAd2tw.wMRMbp1r•a•.wLwNORrNIr. AA �NNO✓Irltl/tutu MO Mb•AWpM1Y.aHUIDOrM '�Mn A �SIR dbl�i.pr MllLLn ' .pewNbar®,•1n N.1 gLLR•► TABLE R5012im••DRa•RDab•wLDTCT1d11 wnr•r 90450"FOR I\Ym 11 W-AL Ffts rroTbe.rAMw �I . rWTeet TYas �AIELrAA .Iwn wa .wilnr ' ' •LbOI •roa' . . DAaeD ARulbw ttma km C wxo r Wobm�i r{�pIs01R r "a A•rr w eclm rrdm AAnba NTRa r r' r IL - wMt aTbmbaarleb9P . a Tda rAobs aa.•em eAira i•w iLnNTa•' . Deaw rRo r®Aw w m roor ww wd�or r0099owTLeL IITlN�eT�AT I rAsTr2ls•BALL w La Aw rvf U9•rrAb 1 OILw Iw011 M @sC QM rA.6. . G Ar•WWR bNLL.OF:nLMD1LwaL110b LealA1UN.CDyTb1r 1•m AR p/79TeR aLsnlowru+9Tww &. wroM i eRDab•/RM9..IWTCIOO MVL Q IDChTm Tmm. gtmm"g MmasAM ♦ ►MCAAWAMWTOW"WGR IVA01wYA.Tb60 sA.61 III ARA4®IRals VnRAM• ,ANT NYJOO MA WM I LLTwA1s NOPLbNL WAG1Y0 w UM IINR LWIP DR FOUNDATION PLAN SCALE AS NOTED JUNE 2018 i 0J�8�v4�D press , , A . START -7 1 OF 5 �unyn•;cs°`� �IPermft�drattin expedt' — ---- i JOAN CHAMBERS �wx•9� SOUTNOID/7Y 11971 ' J 6J/-29•-•2.1 LIa' , c� r•� c•II . I 7 I- � 'I II Si j f1 E- 1 1 i 1mNf I41Wu iwp ewJ• .. / /... •. �- f �' !may' ,�Wy, et ¢�� I•`� a.� r . p w y fo Iww.lr *���•"'^°t Aeoa nwL:nNAt�Alu etra+olt wALI t lA7MtbTO IUN: elm MAW 0, ■ li•;r MCW4DM MAL OyJtorN7 • ror e li•M•. .- 060MIUMa smr�i • e . ! 1M�EAM�TM�L G■1J40Yfr!!■I,ylp g was inO�IR - �! Yia.MwlR-C'yM.a u�7.Q!I■O,ND ■ •p' � • DA r CAOMWARAII RAT{a♦ • A Ifr■M'WJlAe��. l •ALVAA Ur LAMI M w am"sawaod IR'•ALVNgtO ADlvtAS JWMnN4• MLVAA®7J'w Wo "rywaws 7 7 . N *•NOLRM MRroRmf1wD17OlMW61t •'. 0 M COM7MOIY10D17MK - M IV P M C0MMG'ADS9w4oM . M000lm OXJao�twt. M 1;•.1�• ,0o fOKN w7tl/0'1 AlA4 On, .. • O �i /OQON/LbA•ADA71 MAL. I'm .1rY��AAgI M• Aw.l NY I Ar.•M�lti J • 1 tId1A DOC1•WYVA"GItwrN■w 06AN KAMO IWI 1® 71 AAO nM M ff.Mlra � ! fo.eM MAn1LAlDly 7� AI.aL�rt■olwrmsewsD■AO&Wp So MW &A"O4wWo NO.m. 4 tMWCOWQm LIAwOM TJM OM DPJI■Ir IOI LAltet TNN OM AW ws MO S b f Ww' 01NlIpr OAOW DIfJ1A1� - -- \RMLtf M■•bOl11w Alp MMA:A Mf11A/7AbtfrM OM D1Nl701 CTOrN mom 1 . 'L7NLa■NltlwA®MIIn g7�/1L1N•/lfidpLllllEIM NL SN'OOf J�!■!/�■/Ie0eO6AAdUR f i rOUA•11001 Or•IWtA 4POOIOI'HWf AWS■IALLM N7LJmVOITIWLV. L MA6IW QI'NTL7Q�IIR NCilOO)■1N�TA4t/WLR O�®Ow 7/6t1Y0Q/Cl �) I:MaEN�7�Mf!O!!rlWo NREfNN TAV aNALLW 14s1a ATAfMIL JVOD s•NA.AAAL rAAN.•OM941MNL 70 111■Y lil'A A7fA4M~MW.l IAfmINbMARJ110L MOl M/LdPMR'LOWI�OR®■R+MO�IM�I�D SIR rAft IL'l01'YEA"O 70 Nf0•lmlAM*aVDMW 1■IAu.!w�AfAs IIGM 01 ODO■lgl�01MY K OIRAItli HtR/MOIL t'Avel Agd0jg 00w414N0I DO"CNCDDPA fO•/QC00wNLTWow •w7Y1 d""?"M Yf4LCOrNA11D MML M MO■YILL w IIOTALLiD Al11Cfi01CMKJww M i rtl�r0■fMN 1 D•WL fOPO�1 W ASM 6 2M II A MAOI■O)7Ni�o■dnowt owww■1�1wru!1D:v laDl■■Alwem wtMlsllr►pwAO NNtINID LlQJOJ■AIO A7 rLGOt R11Dl10■OIUr.M UMA Or FVATIMrOM IIDIT t1EATw10Mld t9O APP M 7DPw61'DIO ■woMlia w AMLI■►OWrAIOItOwllp■CfA7l■i tMor�ales6r llaOr A JScnt tLGTIM/AIRmOfO♦OO1OlAfD it Te AMMA--law30-7 /IIOVCrIDOL'a'f AS N'JIN6fwollet AOVOlww o'T/Cml.PtAm gow-maYIIL! 1 ALII/IA fO AN A�MWaff PARALLEL f0llldb tlf1NA000MOMQ wM/1r�II.HLOYD.t TO/l Mti OM OMS sw cp TIE IIAr101 NO1Ol IlAlls TIOlI II!•CiNIs.Ofr W TirM1t■ACmloMlt+N1M TwD fORAiLl1E l0l JMt a no OI'/ONR■M 0►71■MTM•MLL MOr Oi awMlm. r I j i 11 - FIRST FLOOR PLAN II S��ZEcf dEwro9, SCALE AS NOTED JUNE 20,18 y YITp �� ✓�� >� - ress k 4i ITART, . ,. g 10 2 0616 . c� �� ermih drafti� ex edifin 2 OF 5 ~ PO'BOX 49 JOAN CHAMBERS SOUTHOLD W 11971 631-294-4241 E 71 1 I' ii �\ � eAxfl_•� TI ; I ! �otm frwou H . I I Qsd - I �„� .,,,,,,, -,.ROOF OVER PATIO BELOW- .� ----------- —>—�fi�--- r--------- .i � ��of-f.roa-ors• �� 1 j - �' �j �ror:�oo�naa�srcw.wwa+/ ' warn i ! SECOND.FLOOR PLAN I i 475 CONDOR CF LAUREL N.Y. \� Ij I' l FLOOR gTRApPIN&DETAIL - _ - j! E I§ F'OUI'lflATION70PPi0 DETAIL ROOF OVER PATIO 8now I I OLIS TPIN OTm ANGM°R Li - .. .. —-, -t I -`-- --" -. I AAK.f m smT DETAIL --�- -- --- '- 'rAetl.AGfI„-Me,waiAW eeuATla,.Irilawne. j ' GELeq/AT11G Ill°Im NIII .' A6VAm Ni.M I� _ ' ,y�y� JAOrYJNPM,.i GVRp NT01 1—� . AMD saLsum Wee cacao uo,e/aeu I i � r _ Or[s'twa QR�LLr.�t t i Alp onma.was U,NMIW11�WWb' j m ,w.ner wlr,crelwA _ w�.corswL�. I '�: . I1M190MCYGeN AA eASIICYI WTALLm NURAM.wM10R � .A j AeOVLOMADD• AT A.r WOOm m� fd1IACT NeIM 11 m GMLt+fam QeeLLAMI Op aw+. wT. cl [AIIP OSAN.d useAllal swuL R 1 .pNLs9 PLY W UwP/ORm ses)Y,OIILY ATTAfAd I .S 2 uATI!�alNa aftems Tom TOPlA1L'JAOe NCI A"Alf I VAPOR WAAA r IW NlOVIM WAIVER MgOM f =T'YW19.1rt111'f. NMRArIpD °�IIQ�9TO� I `-�. To Be IPm e/Arl f - eA.Aee vAwwrux ;�. RZOMMO l,rR°b �W M wAc I.:Psm RMsm eons nw D q eeaa W�vome e. '.s SECOND FLOOR PLAN ! ' y NEW rp/T SCALE'AS'NOTED J JUNE 2618 p 103 9� START �3 OF 5' ' ��/YP!!ztmepea'` �pmmils�,dr_'oltingj er�tin2-� ,.-J j . . vo en+I s'v JOAN'CHAMBERS 1°" 7 i A WLT DETAIL I ( TABLE R402.4).1 -AIR DAMIER AND D&A.ATION WALLATION i TION CIEr MA rEIL.N9/ATTIC, ALIISHW MAIN A'.WW.WITH.AIRTION BARRIER ALLS JAIGTION OP MWAT - GAVmE3 WrTHIN AND SIU.PLATE TO BE GARNERS AND FIADM SEALED. OP m Ame mAL l-9 9 JAIGTION OP TOP PLATE Be FLLLY OWLAT'E3D'. �Al HALLS T � WN.R-0PER INC PER m - i RIM JOIST RIM JOIST SKALL. RM JOIST SHALL BE � I A ARR fLOOI!'S MCLI OO AIR BMWER INSTALLED MAWTAIN POWAI ABOVE GARAGES 4 AT ANY EMVSW ED68 GONTA4T HITH THE f C.AM'ILL%0W Pooft OP IIlSLATION UNDERSIDE Cr S wLOOR GRMIL PACE WALLS EXPOSED EARTH IN INVUL AT10N SHALL CE I J (APPLQ3 01A.Y.To WVZNM CAt*,& . FERAIANEIMY ATTA00D , UNVE kTW CLQAHL SPALj5 To ESE GONE RED TO GRMQ..SPACE SPA W XM A.GLASS I VAPOR WALLS,IT NOT PROV W RUARDIR IN PLOOR . SIiAtlTS/ Ol1'.T SHAM unL".. FM tATIO'NS PEHE"IAT1ON%AND FL.L! j 5KN-M OPEWHO TO i SPACE I W IM SEALED. GARAW S0•ARATWX AIR SEAL E'EN GARAGE AND GONDmONE'D SPADE REUSED LL6HTAd9 SEALED TO THE AIR T'MIT AND Id DRYWALL RATED j WAG IQ9iSTE7t RMSTER BoOTJ THAT 1 Boom POUT ATE THBtMAL OrVEL.OPE'TO ae SEALED TO SUET WOR OR DRYWNJ. 1 I SECOND FLOOR PLAN: SCALE AS NOTED JUKE 2418 pre fTARTSS l A 103 :- o .'40 4:' ermits draftin ex editin 3OF5 JOAN CHAMBERS PO BOX ' SOUTHOLD.NY 11.971 ---------- _:__-- 631-294-4241 GESSIA-UC 475 CON! LAURE !'NAILING/FASTED Lr- �_! Et I �� i ' 1: i�� i. ;' I 1 ��.�,__ ► -�' � V TT ! i 2 I li ii TYP_-SECTION 'I NORTH-ELEVATION_ 1/4' 1'-0• 6.8.19 1/4" V-07. 6.8.19 1i...'�. ...�: i-j-I~• _- I C1 il�t ���; �`t--.—,;__ I._r I _ ___ •`I ..' 1 '_.-.- f-'� 1 '-�-"' �•I�l y1., ,- Il-T"_. "_` � i __I-:.-'I-'il �'.;._L ,�'I ,�- j I� I owe •_!�__-- - - - ---- rt'- .,..w- � — ---- —�� it __.�__.._..----- --------� ` oo.,..--.� �. __tee.-_• _.�� f� - _- �.i �'.-i�.' �I, h ���I ' I l I, '6 .�- '(-J�� >Y:i _rj iI' �,; I' ,f h• EL AS NOMM r. -- -_ _ press --- - -- s���.M., i START TI •1'•G 6.9.19 ItD9rtih 1 Oi0R-T CJOAN CHw uic¢T ELEVA OIN _L_ _ - �,T�.., ,, o, ,,I 11 + •ice! �• I. SOUTH ELEVATION 6.8.19 Ali al- EA sj-REV4TION 1/4' - 1--0.' 6.&19 + LAUREL N:Y. - -- 1 Y i 4 -- ELEVATIONS. SCALE AS NOTED JUNE 2018 I Press A 105 STARTI ,, 5 OF 5 i penr'.ib l drvRing:(e■pedttnp i L-—.—_._-_ _ JOAN CHAMBERS mrb"o-+�•�+ C? r� Sf,---m�ed/ li l� —e S-fktC nonrr d ever j4�__Cho C�/�� 11 AUG 2 3 2122 —r E v�f r n t�L�t'�p Q�c'1'l ( o ds Rcm.DiNG DEM �! vi 4- Q�reS s TOWN OF SOUTHOLD C (/7 6 -,0A 46, z2 1 q un rS CGU «1 a i I A r d mare- & rl'a s Town of Southold Zoning Board of Appeals Re:Application of Gebbia June 5,2024 Exhibit N Building Department Inspection Reports i TOWN OF SOUTHOLD BUILDING DEPT. 631.765.1802 keua\ to 0-j INSPECTION [ J FOUNDATION 1 ST [ J ROUGH PLBG. [ ] FOUNDATION 2ND [ ] INSULATION/CAULKING [ J FRAMING / STRAPPING [ ) FINAL [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) ( ] ELECTRICAL (FINAL) [ ] CODE V OLATION ( ] PRE C/O [ ] RENTAL REMAR ltl ;akw� tQmk. " ,ru Y vl hi-Q-ri yy eytJ . DATE toll ?iO'Y?/ INSPECTOR V TOWN OF SOUTHOLD BUILDING DEPT. a _ 631.765.1802 INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ J FOUNDATION 2ND [ ] INSULATION/CAULKING [ ] FRAMING / STRAPPING [ ] FINAL ( ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) [ J ELECTRICAL (FINAL) [ ] CODE VIO ATION [ ] PRE C/O [ ] RENTAL REMARKS: c DATE _ INSPECTOR Town of Southold Zoning Board of Appeals Re:Application of Gebbia June 5,2024 Exhibit Correspondence between Joseph Gebbia and Amanda Nunemaker Nunernaker .Amanda To: Subject: Dr Joseph A.Gebbia RE:575 Condor Ct Laurel Good morning, i r JI am in receipt of the newest survey and additional documents. Please read the following comments: j S n 1e-family dwel in 1_ Town Trustees approval is required for the as-built work done to this structure(was originally approved as a barn) !+ 2- Suffolk County Health Department is required for this house 3- This structure must contain a bedroom or murphy beds 4- Once all approvals obtained,state compliance can be reviewed for these plans(additional information will be +ll required) !� Bam 1- Town Trustees approval is required for the as-built work done'-to this structure(was originally approved with a f different footprint) s 2- As long as no plumbing in this building,Health Dept.approval will not be required.. ' 3- On the newest survey,the barn is 46.6'x16.5',however,the older survey shows this structure as 67.6'x16.5'— was this barn rebuilt or was a portion removed? Stamped plans by an NYS engineer or architect will be required f� for this—the work was more than just window/door/post replacements. i I 'Both applications will require an electrical inspection permit application—you can find this on our website under forms i� &permits: From:Nunemaker,Amanda Sent:Wednesday,October 12,2022 3:58 PM To:jagsmail67@gmaii.com'<jagsmail67@gmail.com> i Subject:575 Condor Ct Laurel I Hi Mr.Gebbia, I am reviewing the building permit application that you had submitted to legalize"as built'work to the barn. There are several issues with this application,unfortunately. Please see the following comments: l 1- The floor plans do not reflect a barn,this building has been renovated to be habitable space(also confirmed by building inspector who has been on site as well). There must be a bedroom in'this building or you will have to apply for a use variance to the Zoning Board of Appeals as the floor layout/design would be classified as a"not a permitted use"in the Town Code. If you simply add a bedroom to the layout,it will be deemed a single-family I dwelling which then will be a permitted use. !I 2- The Building Inspector has also informed me that the additional barn building on the lot has been renovated without permits erid has living quarters. We will need an application submitted for the building along with stamped plans. The plans will need to be reviewed and wl11 most likely require a variance from the Zoning Board of Appeals.forpossibly an accessory apartment In an accessory building,or two dwelling units on one lot which r is not permitted. I won'be able to make any zoning determination until-plans have been submitted. I I , J County Health Dept approvals will be required(both buildings) YS DEC&Town Trustees permits have both expired,you must renew each'and apply for all work that was not originally permitte floriginal approvals do not match work completed). 5- Provide a new survey or site plan that,provides the setbacks from the,house to each.lot line(if one or more do not meet,Zoning Board of Appeals will be required). 6- Lot coverage must also be provided on the-new-survey.or site plan(you are permitted 20%of lot coverage of the buildable land only(must exclude Wetlands)--if over 20%,ZBA required. 7- More details will be required on plans submitted for state code compliance,however,we can revisit this once all zoning issues.have been resolved,and all approvals have been obtained.Please confirm cupola is not accessible and just opened to space below. Please let me know if you have any questions. Thank you. Amanda 9Vunemakee A0 Building.Permits.Examiner Southold Town Hall Building.Department 631-765-1802 I f — 11 -- 1 �c I_ 2 Town of Southold Zoning Board of Appeals ^v Re:Application of Gebbia June 5,2024 Exhibit P Correspondence from Patricia Moore, Esq. to Amanda Nunemaker 01/ On Tue,Dec 26,2023 at 8:43 AM Nunemaker,Amanda<Amanda.Nunemaker@town.southold.nv.us>wrote: Hi Pat, I If'I am writing the NOD for lot recognition,but you are planning on changing the lot size of the smaller lot,this would ' need to be addressed with this NOD. ii I ! From:Patricia C.Moore<gcmoore@mooreattvs.com> Sent:Monday,December 18,2023 4:05 PM To:Nunemaker,Amanda<Amanda.Nunemaker(a�town.southold.nv.us> ` CC:Teresa Dunn<tdunn5585QRmai1.com>;Joseph Gebbia<iaQsmail670email.com>;Betsy at Moore Law <betsv@mooreattvs.com>;Kylee DeFrese<kylee@mooreattvs.com> Subject:Re:Gebbia&Dunn I In response to your question-(he patio is"on'grade". Our plan is to take this in 2 steps: - of recognition 2.Planning Board-"lot line change"-"resubdivision"to make the 1 acre larger-property lines increased to a larger lot(poss 7 acres including underwater land). The final size of the lot line change has not been decided'yet but definitely a minimum of 2 acres'(conforming) II i We d_o_not want tc apply for a subdivision because that triggers all the"subdivision regulations'°which e-v_en for aj one lot subdivision requires 6030 open space. let me know if you have any other questions. j I ' � I I Pat I i Patricia C. Moore, Esq. j PLEASE BE SURE TO COPY MY ASSISTANTS bstsvWmoorcaamcom,and Weessmoorea".tom I Mailing&Physical.Address: Moore Law Offices 51020 Main Road i 2 • 1 Daily TimeReport Date WorkHours Done Marchese,Aaron and 5/16/2024 485 0.20 $97 Communications with A.Marchese regarding 451 negotiations with Water Mill Center for license MFR agreement. Huntting Hospitality,LLC. 5/16/2024 525 2.00 $1,050 Communications with D.Kolbhausen,Esq.regarding 2594 proposed inn legislation and appearance before MFR East Hampton Village Board of Trustees on 5/17/2024;communications with S.Peters,Esq. providing update on 5/10/2024 Zoning Board of Appeals hearing;Review Village hearing record and LongHouse Reserve 5/16/2024 275 0.50 $137.5 Provide update to J.Shea,Esq.and IC Hoeg 726 regarding Planning Board work session; MFR communications with C.Barratt,K.Hoeg,Esq.and N.Gillman regarding debriefing meeting on 5/17/2024. Salm,Ludwig 5/16/2024 485 0.50 $242.5 Communications with L Salm regarding closing 1682 v date with Town;communications with Young& MFR Young surveyors regarding status of title survey; communications with J.Duval and D.McCormick, Esq.regarding need to close and have a closing date by May 20,2024. Saboe,Ryan 5/16/2024 450 0.20 $90 Communications with S.Mensch,Esq.regarding 1415 status of tenant move out and closing date. MFR Glick,Nildd and Noah 5/16/2024 450 0.20 $90 Communications with N.Glick,N.Buschel and D. 2061 Reiner regarding removal of dishwasher. MFR Moller,Claus 5/16/2024 485 0.50 $242.5 Review Application of 213 Windmill Lane regarding 1269 challenge to Building Inspector determination of MFR private Right of Way and Private Road. Chawhan,Manisha and Neil 5/16/2024 485 0.30 $145.5 Review photos and email from M.Chawhan 2849 regarding trees In right of way and letter from MFR arborist recommending removal;communications with M.Chawhan regarding same. P C L XL Error Subsystem : I / O Error : InputReadError • Operator : S e t C u r s o r Position : 46185 PATRICIA C. MOORE �'C7 Attorney at Law RECEIVED 51020 Main Road Southold,New York 11971 JUN z 1024 Tel: (631) 765-4330 ZONING®OARD OF APPEALS Fax: (631) 765-4643 Betsy Perkins Paralegal Kylee DeFrese June 25, 2024 Leslie Kanes Weisman, Chairperson and =<, Southold Town Zoning Board of Appeals Town Hall Annex Building 54375 Main Road Southold NY 11971 (By Hand) RE: Joseph Gebbia& Teresa Dunn PROPERTY ADDRESSES: 2146 RT 25 &475 CONDOR COURT, LAUREL SCTM# 1000-3-6.4 and 6.5 Dear Chairperson Weisman and Board: This letter is provided to the Board in response to the June 5ch letter presented to the Board by counsel for Gian Mangieri, represented to be the owner of parcels bearing the SCTM# 1000-125-3-2.3 and 18.1 respectively. The arguments raised in the Mangieri letter shall be addressed in the order in which they were presented: 1. Claim that"the lots have merged." (Mangieri first argument) Mangieri argues that the Gebbia/Dunn application is being approached"the wrong way" and that the Board should first consider merger as a threshold issue. This argument is most decidedly incorrect. As a matter of simple logic, the doctrine of merger presupposes a priori, that two separate parcels have become one through merger. Before considering merger, therefore, it must be determined first that there were two separate parcels, and then,to consider if those two parcels have been merged. The Gebbia/Dunn application seeks to confirm that the Gebbia/Dunn properties, SCTM 1000-3-6.4 and 6.5 respectively are separate, recognized parcels. Patricia C. Moore Attorney at Law Southold Town Zoning Board of Appeals Application of Gebbia June 25,2024 Page 12 A. Gebbia/Dunn Lots Must be Recognized as Separate Parcels The Gebbia/Dunn application seeks confirmation of the recognition of the Gebbia/ Dunn improved one-acre lot. This lot has already been recognized by the County and the Town prior to June 30, 1983. The history of the Town action with respect to the separation of the two parcels [the one-acre farmhouse and the farm parcel] were presented in the April 8, 2024 submission in support of this application. That submission includes the property cards created by the Southold Town Assessors for each parcel and the assignment of separate tax map numbers for each. In addition, a series of town-issued permits and approvals for one or the other parcel have been granted to these respective lots. Now, for the first time in 2023, the building department denied a building permit for conversion of a barn to a single-family dwelling on the farm parcel on the grounds that the one-acre parcel is not a"recognized lot." The building department's disapproval is inconsistent with the Town's longstanding recognition of this parcel from its creation. The applicants Gebbia and Dunn purchased two separate parcels, made improvements to the separate parcels with permits, and the building department's new determination has caused enormous personal and financial hardship. The Mangieri opposition fails to address the reality that the Gebbia/Dunn properties were recognized by the Town since 1964. Another reality is that the Mangieri's own properties were created in exactly the same way as the Gebbia and Dunn properties. The Mangieri lot corroborates our argument that lots were"created"with the approval of the Town Assessors at the request of the owners, and assigned a Suffolk County Tax Map number. This"process" colloquially termed a"set off'was formalized in 1980 when the Southold Town Board approved amendments to the Southold Town Planning Board regulations which exempted a one-lot setoff from the Town's subdivisions regulations,but which, after 1980 did then require approval by the Planning Board. [Exhibit A,provisions of the Southold Town Code 1980 amendment in former Town Code §A106-13] The Gebbia/Dunn one-acre parcel created as a set-off and granted a separate tax map number, assessed and taxed as a separate parcel,was thereafter recognized by the different departments of the Town of Southold, i.e. the building department, the Zoning Board, and the Planning Board which granted Town-issued approvals for that parcel. The Mangieri and Gebbia/Dunn parcels are similar in that each came from larger farm parcels traced back to the 1940's. Both the Mangieri parcel (Tax Lot 18) and the Gebbia& Dunn individual house lot(formerly 6.1), were created by the Assessors,by assignment of a Suffolk County tax map, but not"by a deed recorded prior to June 30, 1983." Patricia C. Moore Attorney at Law 1/ Southold Town Zoning Board of Appeals �� v Application of Gebbia June 25,2024 Page 13 B. Comparing the Town's treatment of the Mangieri parcels and Gebbia/Dunn parcels The Mangieri parcel is vacant so it did not have the benefit of previously issued building permits for their nonconforming lot. In contrast, the Gebbia/Dunn parcel is 200' x 200' (40,000 SF) and improved with multiple permits issued to that one-acre parcel. Both Mangieri lot (formerly tax lot 18) and the Gebbia& Dunn parcel (formerly 6.1)were assigned separate tax map numbers but were included within an overall description in their respective deeds. They were not separately described in the deeds. There is no separate deed for the Mangieri property [Tax Lot 181 prior to June 30, 1983, as it appears on the tax map. Tax lot 18 was presumably created in the same manner as the Gebbia/Dunn one acre parcel. A tax map number and property card"created"the parcels in the 1960's and the lot appeared on the tax map. The Mangieri parcel (18) is not a"recognize parcel"as that phrase is defined in the Southold Town Code, as one created by deed filed with the Suffolk County Clerk prior to June 30, 1983, 1 This is also confirmed by the Mangieri survey dated June 3, 1994,prepared by Donald J. Tase. The lot is identified with a dashed line on the property of the farm parcel. Schedule A of the Mangieri deeds also match this survey (Exhibit B copies of Mangieri deed and survey). The Mangieri applications corroborate that Gebbia and Dunn application, exhibits and testimony; that lots, split from the farms,were created by the Assessors and the County prior to 1983 merely by tax map number and practice of a "setoff'. The lots created by the Assessor and County in the 60's were historically recognized by the Town and departments. In 2017,the Mangieri"waiver of merger" and lot line modification of lot(19,000 SF) were approved by the Zoning Board in Appeal# 7109. The Board stated certain facts and findings which also apply to Gebbia and Dunn parcels. The Board decision states: 1 The first deed filed with the Suffolk County Clerk which matches the "unmerged" lot is after Mangieri completes the lot line change in 2017-2018. There is no deed for tax map 18 prior to 1983. Both deeds recorded in 1994,Helen McCarthy et.al. (Distributees)to Mario and Louis Mangieri, in June, and the second transfer from Mario and Louis Mangieri to Gian Mangieri, in December, include a reference to tax map 18 in the margins but does not describe the lot in Schedule A. The Schedule A description is for tax map 18 and 2.3 combined,not separately. As was noted, "premises and more" in the Single and Separate Title Search submitted to the building department and the ZBA. Patricia C. Moore Attorney at Law Southold Town Zoning Board of Appeals Application of Gebbia June 25,2024 l Page 4 The stretch of the Main Road,Laurel where lot 18 lies, is surrounded by larger farm parcels and some residential lots of equivalent size. [The Board found that] waiver [of merger] would recognize a lot that was vacant and had historically been treated and maintained as a separate and independent residential lot since the date of its original creation because, as confirmed by the title certification from Fidelity dated April 7, 2017, lot 18 can be traced back to December 29, 1945. Since that date, the Town has consistently treated the lot as single & separate. It still appears as a separate lot on the Suffolk County Tax Map,the Town of Southold property record card recognizes it as a separate lot, and it is assessed and taxed as a separate lot" (emphasis added)(Exhibit C; Zoning Board decision in Appeal#7109 This can all be similarly said about the Gebbia and Dunn parcel. C. The history of the Gebbia and Dunn parcels The submissions made in this application establish the history of the Gebbia and Dunn parcels, including the Town's recognition and treatment of the house parcel as separate from the farm parcel. The Town's acknowledgement includes the issuance of permits and approvals specifically referencing the house parcel as a one-acre property and the farm parcel with separate tax map numbers all as appearing on Town and County records prior to 1983. Town issued approvals include: The owner obtained Trustees permits for all the structures as follows: • In 2012 Joseph Gebbia was issued a wetland permit(Permit#8032)to reconstruct in place a 61' x 24.6' barn; installed gutters and leaders. The work started as a restoration of the barn, finished after COVID19. The barn took several years to build because of the type of construction(mortise and tenon). The original location was pushed back 10' away from the wetlands (more than the permit) with one of the wings of the structure within the permit setback. If the building department requires additional Trustees permits,they will be obtained, as always. The Trustees permit will need to be amended to match the completed construction prior to the issuance of a Certificate of Occupancy. Patricia C. Moore Attorney at Law Southold Town Zoning Board of Appeals Application of Gebbia June 25,2024 Page 5 • In 2008 a CO and building permit was issued for a swimming pool on the residential parcel. • In 2004 (5968A)the Trustees Administrative permit was issued for the water line extension • In 2001 the DEC issued a letter of no jurisdiction for the additions to the house. • In 2000 the Trustees and DEC issued permits for the alterations and additions to the house. • In 1995 the Trustees and the DEC issued regulatory permits for the bridge construction D. The Gebbia and Dunn one acre parcel is separate and has not merged Having established that the Gebbia and Dunn single family home one-acre parcel is a separate, recognized lot, it must be examined to determine if this parcel has merged with the farm parcel under the provisions of the Southold Town Code. The simple answer is"no." The Gebbia and Dunn one-acre parcel is exempt from the Town Code's merger provisions because this 40,000 square foot parcel meets the Town's exemption from merger. Southold Town Code §280-10(C)(1)2 D. Formal lot recognition and lot line change Gebbia and Dunn are requesting to recognize the separate lot and then apply to the Planning Board for a re-subdivision to make the existing 200' x 200' lot a conforming two-acre parcel z The Merger Law is not applicable. During ZBA Decision No 5254 dated October 15, 2003, Scott Russell,then Chair of Southold Board of Assessors, opined that the split lots had "merged". Thereafter, the Assessors unilaterally requested that the Suffolk County Dept. of Real Property retire the two tax map numbers for the house and the farm lot. The Assessors did not claim that the two lots were not recognized(to merge the lots,the Assessors had to have understood that there were two lots to be merged). One cannot merge what is not recognized as being in existence. The attorney for the applicant, Di Bartolo, correctly read the code and noted that the lots were exempt from merger because the lot size was one acre and therefore, expressly exempt from merger. DiBartolo recorded new deeds to document and confirm the split( see notation made by the assessors on the assessor's tax card) and the separate tax map numbers were reissued. No one alleged that the house parcel was not a recognized lot. Ultimately,the Special Exception was granted for the one acre (House) with access on a public road and the building department issued permits for use of the house as a B&B. Patricia C. Moore Attorney at Law Southold Town Zoning Board of Appeals Application of Gebbia June 25,2024 Page 16 The Planning Board issued an identical recommendation in Mangieri, as in the subject application(recommend a lot line modification to make the lot conforming). The Gebbia parcel is four times the size of the Mangieri parcel, and the Zoning Board allowed the 19,000 SF lot to be unmerged. Also, like the Mangieri application, Mr. Gebbia and Ms. Dunn, once the lot is officially recognized by this Board, will apply to the Planning Board to move the lot line (re- subdivision)to make the one-acre parcel conforming to 2 acres. We only ask that it is a recommendation so we can proceed with the building permit for the barn. 2. Mangieri claim lots do not have access to the Main Road via a Right of Way In their June 5th letter,the Mangieris erroneously declare that the deeded right of way set forth in the Gebbia and Dunn deeds has been extinguished. This is not true and this claim has nothing to do with the application under this Board's consideration. The question of access is not included in the building department's notice of disapproval which provides the jurisdictional basis for this Board to review the matter before it. The Appellate Division held in Capetola v Town of Riverhead, 192 AD3d 789, 792 [2d Dept 2021] that"a zoning board of appeals' jurisdiction is appellate only, and in the absence of an administrative determination to review, a zoning board of appeals is without power to grant a variance or render a de novo determination with respect to an issue not determined by an administrative official(see Town Law § 267-a [4]; Chestnut Ridge Assoc., LLC v 30 Sephar Lane, Inc., 169 AD3d 995, 997-998 [2019];Matter of McDonald's Corp. v Kern, 260 AD2d 578 [1999];Matter of Brenner v Sniado, 156 AD2d 559 [1989];Moriarty v Planning Bd. of Vil. of Sloatsburg, 119 AD2d 188, 196 [1986]" See also Nunnally v Zoning Bd ofAppeals of Town of New Windsor, 217 AD3d 950, 954 [2d Dept 2023] As a matter of law, it is beyond the jurisdiction of a zoning board to render an opinion on the legal status of a right of way/easement appurtenant to a property. The issues raised by the petitioners regarding the right-of-way concern only enforcement of private property rights, which are not within the ZBA's jurisdiction3 Matter of Hejna v Bd. of Appeals of Vil. of Amityville, 3 The Mangieri opposition and interference with the application is suspect, and may arise from their self-interest. When Mr. Mangieri applied to the Town of Southold Planning Board for a lot-line modification between the house parcel and the farm parcel, the right of way is shown on the maps. It is believed that Mr. Mangieri had placed his parcels for sale,however, it was being marketed without showing the easement. Mr. Gebbia was concerned that he was not disclosing the right of way in the marketing materials. We wrote to Mr. Mangieri and his real estate broker that the Gebbia parcel has a right of way to the Main Road. Mr. Mangieri reacted Patricia C. Moore Jt Attorney at Law Southold Town Zoning Board of Appeals (J Application of Gebbia June 25,2024 Page 17 105 AD3d 843, 844-45 [2d Dept 2013]citing(see Chambers v. Old Stone Hill Rd. Assoc., 1 N.Y.3d 424, 774 N.Y.S.2d 866, 806 N.E.2d 979;Matter of Shuttle Contr. Corp. v. Planning Bd of the Inc. Vil. of Great Neck; 73 A.D.3d 789, 789-790, 900 N.Y.S.2d 387;Matter of Gersten v. Cullen, 203 A.D.2d 744, 747, 610 N.Y.S.2d 675). The deeded right of way continues to be used by the farm parcel while the single-family residence now has access to Condor Court, a public highway. After Condor Court became a public highway [dedicated to the Town of Southold], the house (B&B)built a driveway to Condor Court. The farm parcel, however, continues to use the Main Road access. The existing dirt farm road appears on the Mangieri maps, it appears on the east side of the Qualls, Main Road parcel (1000-125-3-3) and it appears on all the maps of the Gebbia farm. (Exhibit D- Quall survey.) The ZBA is not asked to review access, only to acknowledge and recognize the one-acre lot which has historically been recognized by the Town and the successive owners of this property. 3. Mangieri claim there are serious zoning, building, and environmental violations on Lot 6.4 The allegations set forth in the Mangieri letter have no bearing whatsoever on the present application before the Board. They will be addressed before the boards which have the appropriate jurisdiction over the allegations set forth in the June P letter. The Trustees have no jurisdiction over the subject application which is "lot recognition." The Trustees do not have jurisdiction on lot recognition, subdivisions or lot line modifications. The Gebbia/Dunn application before this Board is technically required. This appeal is not an attempt to "segment the review" or"obfuscate the facts." The status of all existing permits, and any permits needed from the Town Trustees, Town Building Department, or any to this letter by loading a pile of manure in the right of way to block the access from the south and placed some logs to block the access from the Main Road. Mr. Gebbia considered self-help, [removing the manure pile and the logs which interfered with the access], but, the neighboring property of Half Hollow has offered Gebbia and Dunn a temporary access until the Mangieri's interference with the use of the deeded right of way is resolved in an appropriate venue / Patricia C. Moore Attorney at Law Southold Town Zoning Board of Appeals Application of Gebbia G' June 25,2024 Page 18 other municipal board or department, with jurisdiction over the existing and future improvements to the subject properties, will be made to the respective entities with jurisdiction over the subject matter. Very; ery tru rs, 01 �ricia C. Moore PCM/kd Encls. 4AOI/ § A106-13 SUBDIVISION OF LAND § A106-13 purpose of relieving traffic on the major highway at the points of crossing. STREET, MAJOR — A street or highway of great con- tinuity which serves or is intended to serve as a major traffic artery within the town or county, or both, and which is designated on the Town Plan as a main arterial highway, major thoroughfare, parkway or other equivalent term to ' identify those streets comprising the basic structure of the street plan. STREET, MINOR — A street supplementary to a major street and of limited continuity which serves or is Intended to serve the local needs of a neighborhood or a section thereof. STREET OR RIGHT-OF-WAY WIDTH — The distance between property lines, measured at right angles to the center line of the street. STREET, SECONDARY — A street or road of con- siderable continuity which serves or is intended to serve as the principal or collector trafficway between large and separated areas or districts and which is the main means of access to the major street or primary road system. SUBDIVIDER or APPLICANT --- Any person, firm, corporation, partnership or association who shall lay out, for the purpose of sale or development, any subdivision or part thereof, as defined herein, either for himself or others. • 111§99�I�[Amended 9-23.801: A. The division of any parcel of land into two (2) or more lots, plots, blocks, sites or other divisions of land, with or without streets or highways, including any ex- tension of any existing street,for the purpose, whether immediate or future, of sale or building development, and including resubdivision; provided, however, that - he term `ubdivision -shall-not-include t e aetoff_or reation of asingle lot from a parcel of landI ide- that before any such setoff or creation shall take place, • he-owner shall submit such proposal to the Planning oard-for its approval#;a d determination of whethe—r such setoff or creation constitutes a subdivision. In A10607 5 25-87 § A106-13 SOUTHOLD CODE § A106.13 making such determination, the Planning Board shall give consideration, among other things, to: (1) Whether the lot to be set off is of such character as to be suitable for the intended purpose without danger of flood or other perils. (2) Whether adequate provision is or will be made for drainage, water supply, sewer disposal and other necessary utilities and improvements. (3) Whether the lot to be set off is of such size as to conform with the present or future development of neighboring lands. • (4) Whether the proposed set off will be consistent with the present or future street layout of the neighborhood. (5) Whether the proposed set off will require the extension of municipal facilities or services. (6) Whether the proposed set off will be in harmony with the future growth and development of the ! town. (7) Whether adequate means of access and off-street parking are provided. (8) Whether the proposed set off will adversely affect the present or future uses of neighboring lands. B. If the Planning Board grants approval to set off a lot • as hereinbefore provided, it may impose such con- ditions as it deems necessary or appropriate. C. An application to the Planning Board to set off a lot as herein provided shall be accompanied by a fee of two hundred fifty dollars ($250.). [Added 4-19-83; amended 3-10-871 SUPERBLOCK — A block of exceptionally large size in both dimensions, with access to interior lots by culs-de-sac branching in from surrounding streets and providing one (1) or more open spaces. SURVEYOR -- A person licensed as a land surveyor by the State of New York. A 10608 - -8? �� v �. ® BlumbergFxcelsior®,Inc.,NYC 11241 i www.blumberg.com 30%P.C.W. Reorder No.5105 f �AK`i y•. Zaq, •�-ta•" g00• r R PA[CCL •1 - =0r 1 .I, y !! �0 .o a. rs.4•, j' ..Z.pot o PAaeeL S n.58 .+ca r o �.:• a ox�•' m 25 �i L a e 2 Ole t�tOp a 4 Z. ^ 1•° i�G3r�[•y �• 440 . D bq I L V X. LA ES 1D P q 4' P 1 4Q p iL6'p0 a )C p a.0. 6•A O �. • OD� Dk 0 O,D ° LD 0 eo •N q, �9ti I '6.• ' •b W ,c� a c • q•D G �d• -D bD p. a ° �� oo ci 4 1'wq 01 a L t�d I t�A E •�`1 0 � 0 L �- `t• q} n A 4 3 {\ I i• 1 w o I ItZs•a0 ;� .� a 1 > L c oo�ODs a Pyac1f it Au 4 RSA i 14. sk A :r n n YK O,A° 14 �,t t,•• 0 6 / 1 4 u for • b 44 4•.rofams H+4Us0 W o ° �°J cc++tuyma,�rwme�ye+to Off P "Rq WSa,W u:,nawcy.w • N , .9utvc CldO g,.,.•7`u:tC 3, iq!t4 Z. 0 D Tra mm CA mum" 1 s e pa � aft Dot.IALP J• 7*ASE-S��-O/JO LAUo Lsu4 vF1'�! CC.1'1'F R' Mo((1CNC5� A/,Y, � /�'• � , C)2" mm....._I Lr 1„1 ......... .. i..a...e.,...,'.,,Y..... ...air 4,4 CONSULT YOUR LAWYER 9EFORE SIGHING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED by LAWYERS ONi THIS INDENTURE, made the 'A/ •d.. of June nineteen hundred and 94 BETWEEN Helen McCarthy, residing at 10035 SW 90th Court, Ocala, FL 34481; James M. McCarthy, residing at 10161 SW 87th Terrace, Ocala, FL 34481; a George J. McCarthy, resitting at 2408 San E idio Aven'le.-Baken%field, CA 93304, as Distributee of the Estate o George A. McCarthy; and Helen McCarthy, s residing at 10161 SW 87th Terrace, r t� r_/; party of the first r(,and N�ar�o D. Mangieri and Incise Mangieri, his wife, residing at 15 Ocean Avenue, Quogue, New York 11959 �EID party of the second part, 4:M WITNESSETH,that th ary iticpnfdeFaYion of ton dgllars and other valuable constieratit e rlo'�1 paid by the party of the sn part, oe`s T�er eco eby grant and release unto the party of the second part,the het or successors and assigns of the party of the second part forever, p�� A45 ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situat yinGBOP�p O� ppp� LSE ANNEXED NNE End being in PROPERTZ DESCRIPTION 0 N _ OT DISTRICT 1000 SECTICN 125.000 BI= . 03.00 10Tg PART OF PARCEL II 002.003 BEING'AND-INTENDED TO BE the same premises conveyed to George A. McCarthy, 002.002 deReased, by deer dated Septetnber 13, 1951 and recorded in the Office of the C. 018.000 of Suffolk County on Novewber 26, 1951, in Iaber 3293 Page 52. PAROM Z AND PART OF PARCEL II BEING AND UMMED 2b BE the tattle premises conveyed to George A. McCarthy and Helen M. McCarthy, his wife, by deed dated Decettber 29, 1945 and recorded in the office of the Clerk of Suffolk County on February 9; 1946, in Isher 2527 Page 567. TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets at roads abutting the above described premises to the center lines thereof,TOGETHER%Ith the appurtenano and all the emale and rights of the party of the first part in and to said premises. TO HAVE AND T HOLD the premises herein granted unto the party of the second part,the heirs or suceessorb and assign.t the party of the second part forever AND the party of the first part covenants that the party of the first part has not done or suffered any this %hereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,ebvenants that the party t the first part will receive the consideration for this conveyance and will hold the right to receive such consn cration as a trust fund to be applied first for the purpose of paying the cost of the imprnvement and will app the same first to the payment of the cost of the improvement before using any part of the total of the same ft any other purpose. The worj,_"party'yhall be construed as if it read"parties"whenever the sense of this indentpre so require IN WITNZSSWeHWOF,the party of the first part has dui executed this deed the day.and year first aboi written. IN PRESENCE OF: - . •. „•�•, ��J �j►�f 15tr]hllt2 ames M. McCarthy, Distributed. RECORDED M. Mc yr ibutee & Indivi All 15 1114 �;WpRO P.ROivlF►I - t�.EEr,K OF 5t1FFOLK COU�N es 14. McCarthy, as her att�grney-in-f SCHEDULE A(Description) PARCEL I p • ALLthetee altpLaurel,pa3i11bhedTowneoflSotitndlhOldpr, County roof B6uffolktandgState and being of New York, bounded and described as followss nWINNING at the intersection of the southerly side of Fraaklinville Road'(Old Main Road) and the westerly side of the New Main Road (S.R. 25); tr RUNNING THENCE South 17 degrees 38 minutes 00 seconds East and along Ithe said westerly side of the New Main Road 90.42 feet to the northerly side of the New Main Road; RUNNING THENCE along the said northerly side of the New ;gain Road, the following two (2) courses and distances: 1) Along the arc of a curve having a radius of 3855.83 feet and bearing to the left, 89.09 feet; and i 21 South 49 degrees 38 minutes 20 seconds West 9.10 feet to the land !�• now or formerly of Frieda M. Xuester and others; RUNNING THENCE along said last mentioned land, North 17 degrees 38 minutes 00 seconds West, 131.78 feet to the southerly side of Franklinville Road (old Main Road); RUNNING THENCE along the southerly side of Franklinvilie Road (Old Main Road), 91.00 feet to the intersection first above referred to, the point or place of BEGINNING. PARCEL II n ALL that certain plot piece or parcel of land,with the bulldings and Improvements thereon erected,situate,lying (J'Jj andbaing at Laurel, in the Town of Southold, County of Suffolk and UState of New York, bounded and described as follows: BEGINNING at a point on the southerly side of the New Main Road (S.R. 25), where the some is intersected by the easterly line of r�EL� qq land now or formerly of Carmine Rufrano; RUNNING THENCE along the said southerly side of the New Main Road A G (S.R. 25) the following ten courses and distances: ApVtOWS 1) Along the arc of a curve bearing to the right, having a radius 80ARU�� of S765.5a feet, 63.82 feet; 2) North 49 degrees 38 minutes 20 seconds East 136.76 feet; 3) North 60 degrees 44 minutes 40 seconds East 32.35 feet; 4) South 40 degreds 21 minutes 40 seconds Bast 56.00 feet; 5) North 43 degreds 22 mis(utes-18 seconds East 98.59 feet: 6) North 40 degrees 21 minutes 40 seconds West 20.00 feet; 7) North 60 degrees 44 minutes 40 seconds East Gi.68 feet; 8) North 17 degrees 38 minutes 00 seconds West 46.70 feet; 9) North 49 degree's 38 minutes 20 seconds East 39.0e feed and 10) Along the arc of a curve bearing to the right having a radius of 3783.83 feet, 59.16 feet to land now or formerly of Marvin E_ Qualls and Lillian Qualls; RUNNING THENCE along said last mentioned land the following two courses and distances: l 1) South 17 degrees 38 minutes D0 seconds East 231.52 feet; and. 2) North 74 degree's 29 minutes 00 seconds East 125.00✓feet to land now or formerly of Stanley Sawicki and Richard Sawicki; RUNNING THENCE along said last mentioned land south 18 degrees 02 minutes 10 seconds East, 723.09 feet to land of the Long Island Railroad; RUNNING THENCE along said land of the Long Island Railroad South 49 degrees 07 minutes Co seconds West 718.82 feet to land now or formerly of Kopackt RUNNING THENCE along said last mentioned land and.land'stow or formerly of Mary Diachun, North 2 degrees 29 minutes 10 seconds East 489.59 feet to land now ar formerly of Carmine Rufrano; RUNNING THENCE along said last mentioned land North 27 degrees 53 minutes 10 seconds West 598.21 feet to the southerly aide F of the New Main Road (9.R. 25) at the Point or place of BEGINNING. �'� AUG 15 1994 LDVNARD P•ROMAINE R E C C D _ -- M.ERK OF SUMK cam" _ — — ; - .� THUS INDENTURE,made the 3 day of December, nineteen hundred and ninety-four BETWEEN MARIO D.,MANGIERI and LOUISE MANGIERI. residing at 15 Ocean Avenue,Quogue,New York 11959,party of the first part,and «'s • GIAN MARIO MANGIERI,of Main Road.Laurel, New Yott,party of the second part, WITNESSETH,that the party of the first part,in consideration of Zero and($0.00)Dollars and other valuable consideration paid by the party of the second pats,does hereby grant and release unto the party of th�second part.the heirs or successors and assigns of the party of the second part forever, PARCEL I .?r ALL that certain plot,piece or parcel of Iand,with the buildings and improvements thereon i ' erected,situate,lying andibeing at Laurel,in the Town of Southold.County of Suffolk and State of New York,bounddd and described as follows: y } BEGINNING at the inte ton of the soullierly side of Franklinville Road(Old Main Road) - and the westerly side of thNew Main Road(S.R.25); {i RUNNING THENCE South 17 degrees 38 minutes 00 seconds East and along the said ; := westerly side of the New Main Road 90.42 feet to the northerly side of the New Main Road; 't L' RUNNING THENCE along the said northerly side of the New Main Road,the following two (2)courses and distances: ' 1) Along the arc of a hurve having a radius of 3855.93 feet and hearing to the left,89.09 i < feet;and 2) South 49 degrees 39 minutes 20 seconds West 9.10 feet to the land now or formerly of Frieda M.Kuester and others; ' .p •S L RUNNING THENCE along said last mentioned land, North 17 degrees 38 minutes 00 ,a seconds West. 131.78 feet to the southerly side of Franklinville Road(Old Main Road); 5 RUNNING THENCE along the southerly side of Franklinville Road(Old Main Raod).91.00 f feet to the intersection firsi above referred to,the point or place of BEGINNING. a PARCEL D ALL that certain plot.piece or parcel of land.with the buildings and improvements thereon t erected.situate,lying and,being at Laurel,in the Town of Southold,County of Suffolk and ' State of New York,bounddd and described as follows: BEGINNING at a point or1 the southerly side of the New Main Road(S.R.25),where the same f is intersected by the eamarly line of land now or formerly of Carmine Rufrano; RUNNING THENCE along the said southerly side of the New Main Road (S.R. 25) the s { following ten courses and distances: t� I) Along the arc of a curve bearing to die right,having a radius of 5765.58 feet,63.82 5 feet; 2) North 49 degrees 38 minutes 20 seconds East 136.76 feet; 3) North 60 degrees 444 minutes 40 seconds East 32.35 feet; ,yam 4) South 40 degrees 1 minutes 40 seconds East 50.00 feet; f" 5) North 43 degrees 22 minutes 18 seconds East 98.59 feet; RECEIVED 6) North 40 degrees II minutes 40 seconds West 20.00 feet; AUG 2017 ' 7) North 60 degrees+4 minutes 40 seconds East 64.68 feet; 8) North 17 degrees 18 minutes 00 seconds West 4030 feet; ZONING BOARD OF APPEALS,; 9) North 49 degrees_j8 minutes 20 seconds East 39.06 feet;and rM. ° 10) Along the arc;of a durve beating to the might having a radius of 3783.83 feet,59.16 feet pr ' to land now or formerly oflMarvin E.Qualls and Lillian Qualls; mot. 3; RUNNING THENCE along said last mentioned land the following two courses and distances: �L 1 I) South 17 degrees 31 minutes 00 seconds East 231.52 feet;and 2) North 74 degrees 29 minutes 00 seconds East 125.00 feet to land now or formerly of Stanley Sawicki and Richakd Sawicki; RUNNING THENCE along said last mentioned land South 18 degrees 02 minutes 10 seconds East,723.09 feet to land o6 the Long Island Railroad. ts� RUNNING THENCE along said land of the Long Island Railroad South 49 degrees 07 "'"• minutes 00 seconds West 7,,18.82 feet to land now or formerly of Kopack; s RUNNING THENCE along said last mentioned land and land'now or formerly of Mary Diacbun,North 2 degrees 29 minutes 10 seconds East 489.59 feet.to lan_d db3d-or,formerly of {+ Carmine Ruf ano; RUNNING THENCE along said last mentioned land north 27 degrees 53 minutes 10 seconds '} West 598.21 feet to the s4herly side of the New Main Road(S.R.25)at the point or place of BEGINNING. , rti BEING AND INTENDED.TO BE the same premises conveyed to the party of the first part by d dated Jnne 21st. I99.4 and recorded in the Office of the Clerk of Suffolk County on Y4; in Liber 1tt %ot at page _i— tip• ', � � TOGETHER with all righ title and interest,if any,of the party of the first part in and to any streets and roads abutti g the above described premises to the center lines thereof; tls 'TOGETHER with the appiurtenances and all the estate and rights of due party of the first part is and to said premises;Iro HAVE AND TO HOLD the premises herein granted unto the H party of the second part,the heirs or successors and assigns of the party of the second part forbver. W AND the parry of the f t pan covenants that the party of the first part has not done or , suffered anything whereb the said premises have been encumbered in any way whatever, yt except as aforesaid. 1: AND the party of the first art,in compliance with Section 13 of the Lien Law,covenants that - -the.party df the first part l ill receive the consideration for his conveyance and will hold the -3 ' right to receive such consideration as a trust fund to he applied first for the purpose of paying k ` the cost of true improvem nt and will apply the same first to the payment of the cost of the »' ( improvement before usinglany part of the total of the same for any other purpose. The word"part-"shall be onstrued as if it read"parties"whenever the sense of this'indenture so requires. 's IN WITNESS WHEREOIE.the party of the first pan has duly executed this deed the day and year first above written. -{a} IN PRESENCE OF: i MA O .MANGIE P`f LOUISE MAN 1ERI i RECEIVED _ AUG 15 2017 � y � ZONING • "'��:. 130ARD OF APPEALS _.� a+i . � • __ , .r AM STATEOFNEWYORK � STA'E'k OF NEW YORK, s: COUNTY OF SUFFOLK ss COUNTY OF SS: u _ i . On dte Say of ,_6v�b994 before me On the day of ,before me ' personally came Mario D.Mangied and Louise Mangien. personally came } to me known to be the individuals described in to me known to be the individual and who executed the fol4ing instrument, described in an who executed the and acknowledged that they executed the same foregoing instrument,and acknowledged as that executed the same. _ s ` 1iOR a' � 4Y I •M a• •f Y.r' I - I I i t Vargain OU4 Olt IkO •` wrm CovrNANT AGAINST RAN oR's ACTS. District: 1000 - _ Title No. i Section: 125.00 1►gANG1ERI ; Block: 03.00 �. TO i Lot: 002.003:002.002; 018.000..-, MANGIERI I _ I County of Suffolk t Return To- Joseph P.Walsh.Esq. ay 463 Deer Park Avenue ;,.•• Babylon.NY 11702 y OF ZON1t4G 50ARG - i ® BlumbergE;ccelslor®,Inc.,NYC 11241 www.blumberg.com 30%P.C.W. Reorder No.5105 BOARD MEMBERS ®f S0 Southold Town Hall Leslie Kanes Weisman,Chairperson �� yp 53095 Main Road-P.O.Box 1179 �® �O Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes cn ,c Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �,�c►® �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��C®UNrI Southold,NY 11971 http://southoldtownny.gov '/ ZONING BOARD OF APPEALS / 0 TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 RECEIVED -� $=31 a+vt FINDINGS,DELIBERATIONS AND DETERMINATION +Souold 2 7 7 MEETING OF DECEM 3ER 21,2017 u ZBA Application No.: 7109 Town Clerk Applicants/Owners: Gian Mangieri Property Location: 2050 NYS Route 25,Laurel,NY 11948 SCTM No. 1000"-12X- -3—Z,3 A- 112 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further requirements under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated August 29,2017 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. TOWN OF SOUTHOLD PLANNING BOARD: The application was referred to the Southold Town Planning Board for comments. In their November 15,2017 memorandum,the Board indicated that they do not support the waiver of merger and gave reasons which included concerns with the creation of insufficient lot areas. Furthermore, the Board noted that the creation of a non-conforming lot is not consistent with the goals related to the Southold Town Comprehensive Plan. PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total (merged) area of 523,286 square feet or approximately 12.0130 acres consisting of agricultural lands and flagged wetlands located in the Agricultural Conservation(A-C)Zoning District. The property is made up of two parcels, recognized as SCTM #1000-125-3-2.3, consisting of approximately 504,117 square feet, and 1000-125-3-18, consisting of approximately 19,169 square feet. Lot 2.3 is improved with a single-family residence, several outbuildings and sheds, an agricultural storage building, five greenhouses, a horse barn and a stationary mobile home and contains over approximately 100,000 sq.ft. of underwater land and flagged wetlands.Lot 18 is unimproved- BASIS OF APPLICATION: Request for a Lot Waiver under Section 280-11 to unmerge a vacant land area of 19,169 square feet(CTM 125-3-18) from an adjacent land area of 504,117 square feet(CTM 125-3-2.3), based on the Building Inspector's Notice of Disapproval pursuant to Section 280-10A, determining the properties have been merged. Page 2, December 21,2017 #7109, Mangieri SCTM No. 1000-125-3-2.3 & 18 ADDITIONAL INFORMATION: The subject parcel is located in the Agricultural Conservation (A-C) Zoning District with development rights intact. Applicant's agent presented paid tax bills and a copy of deeds for each separate parcel along with a Title Search completed by Fidelity National Title, dated April 7, 2017, certifying that the subject properties have been in single and separate ownership in title since prior to April 1, 1957. Furthermore, Mr. Finnegan indicated that should the Waiver of Merger be approved, his client will accept as a `condition,' approval by the Town of Southold Planning Department for a proposed lot line change, to be applied for after the completion of the Waiver of Merger process. It is the applicant's desire to clear the way for a lot line change to reconfigure both parcels to conform to the Town's bulk schedule requirement of a minimum of 80,000 sq. ft. in area, and to construct one additional home on the southwest corner of Lot currently known as 2.3. In addition, a property I owner living directly across from the subject parcel on Main Road, submitted comments and appeared before the Board to ask questions to ensure that the waiver of merger would not have adverse environmental impacts to Brush's Creek and her own property. And that the subject property would continue to be farmed. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 7, 2017, at which time written and oral evidence were presented. Pursuant to § 280-11 the Applicant has submitted documentation,to the satisfaction of the Board that these lots were merged consequent to the death of the owners. There have been no transfers of ownership outside the family since the time merger was effected. The single and separate search confirmed that Mario and Louise Mangieri came into title to Lot 18 on June 21, 1994 by way of a conveyance from Helen McCarthy, James McCarthy and George J. McCarthy, as distributes of the Estate of George A. McCarthy and Helen McCarthy, recorded in Liber 11689, Page 757. Less than six month later, Mario and Louise Mangieri conveyed Lot 18 to Gian Mangieri by Deed dated December 30, 1994, recorded in Liber 11712,Page 142. As such,there have been no transfers to an unrelated person or entity since the time the merger was affected. Pursuant to §280-11,the Zoning Board finds that (1) The waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood. The stretch of the Main Road in Laurel where Lot 18 lies, is surrounded by larger farm parcels and some residential lots of equivalent size. The proposed waiver of merger would create a non-conforming 20,473 sq. ft. lot, which is about 25% of the code required square footage in the AC zone district. However, with the condition imposed herein, lot 18 and lot 2.3 will become two parcels that are entirely conforming to current bulk-schedule requirements I the AC zone district. (2) The waiver would recognize a lot that is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation because: As confirmed by the title certification from Fidelity dated April 7,2017,Lot 18 can be traced back to December 29, 1945. Since that date, the Town has consistently treated the lot as single and separate. It still appears as a separate lot on the Suffolk County Tax Map, the Town of Southold property record card recognizes it as a separate lot, and it is assessed and taxed as a separate lot. (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because: There will be no adverse impact on the physical and environmental conditions in the neighborhood or District. Unmerging Lot 18 from Lot 2.3 will simply enable i Page 3, December 21, 2017 #7109,Mangieri SCTM No. 1000-125-3-2.3 & 18 the property owner to create two conforming lots within the A-C Zoning District. No development is contemplated on the existing Lot 18 prior to a lot line approval by the Town Planning Board. RESOLUTION OF THE BOARD: In considering and balancing the above factors and pursuant to the Waiver Provisions of the Town of Southold Merger Law, Section 280-11,motion was offered by Member Planamento, seconded by Member Acampora,and duly carried to GRANT the waiver of merger as applied for and as shown on the survey by David L. Saskas, Licensed Land Surveyor, Saskas Surveying Company, P.C. dated December 15, 2004 and revised June 27, 2017 with the following condition: SUBJECT TO THE FOLLOWING CONDITION: 1) This waiver of merger is subject to approval by the Town of Southold Planning Board for a lot line change that will create two lots conforming to the bulk schedule in the Agricultural Conservation Zoning District within eighteen(18) months from the date of this decision. The applicant may,if necessary and prior to the date of expiration,request in writing,an extension for an additional twelve (12) months. Failure to comply with this condition will result in nullification of the waiver of lot merger granted herein. Vote of the Board: Ayes:Members Weisman(Chairperson), Goehringer,Dantes,Planamento,and Acampora. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing;/a)-/,� //2017 ® BlumhergFxcelslor®,Inc.,NYC 11241 www.blumberg.com 30%P.C.W. Reorder No.5105 i 94ithonzed allerah6rt or addition to is survey is a violation aF fectron 7209 of the New York State Education Law. $Ujrjtp �p�Jlryf HEl1LTH DFI'ARTNENx Copies of this survey map ncl bearing the land surveyors inked - seal or embos•cd ::'t:h !I . be corisidCn to be only copy 8 0CT Wig-1.� H. D� pxr. 0 —S Gua,:ntass or c:nn,�c:hc„ r �r.�1 d 110 x�shall run only to lh`• ra re.],cad on his bahalf to the V persrn for whom the:r-:' .%F pa` • title company,gcvcrrm:r.tal c;;_ncy end Icndmg institution INA Sewage diSpose3, art:? vnaver Supply ; hereon,and to the cssrgneas of the lending institution Guaror llit_e9 fOr t1112 10PPt ton baye been y w er certifications aro nbt transferable to additional ins6tun"Tna pe0ted by th±3 dew tr•trnd fpunij subsequent owners. La be Satiafnotoxy, Chief of General Engine*irl## p0 servtcaf� _ �!, ko b �0 toPIP PA '® 1J \ o R \ c z ti y 1b \ * o 1501 NT EASEME RY \gym Z w MPoRLINE m P 78► %.e4- ,fK D ! W i Jv ; is" of \ h � Srµ y f,k�c•• ``� � N A C Sp it `RGprr \ N� •�R1 �/ \ rB - Z TGST SOAvv6 N \ 0 o• � rN0 3% os n �- 126.00r awnyrawor 7e r () cue.✓.c ..rr 4 so c�„n seNo w/...ems All distances to wells and cesspools are by location from house owners and field observations, since most walls and cess- o war�,e pools are not visible these dimensions cannot be certified. SURVEY FOR REFERENCEr MARVIN E. & LILLIAN QUALLS of NEW AT LAUREL CP�OYop� TOWN OF SOUThOLD EUARANTEED To-+ `' 0o0,%T A• AR SUFFOLK COUNTY, N.Y. 1 � SCALE a 1°= 5 0' q S APRIL 27, 1977 `-`— AUG.15,1977 � 1Csi. � RIVERHEA Y. i - } —�sw.vra�x.a nsco—smvovmaas �' .a+ Term E..a J / Wl{{� it C �roo.orva,�ey m4n mnramN TMM4...r,.nannvssdrama _i rraa Made the 29th day of Decenbe` Xneteen.Hundred and Forty-five r � �At 01WILES J. MC CAF.TF.Y -nd =RY C. MC C;.YTHY, his rife, residing at Hain Road, laurel, Suffolk County, tier York, / a,xe�e . 177that 7adpardies part ies of the ft-t part,and ATHY slid MEN X. M C;�itTHY, his ^ife, , Suffolk County, Ten York, pa4ies ofthe second part,of the fuxt prat, do emisidemtdon of One - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollar / (81.00 ) k offs;money of Jae Unttcd States, and other good and valuable consideration paid by the part-ies of the second part, R� do hereby grant and neleaso unto the part ies of the so mad part, 201? • their heirs and asddgns forever,all that tract or parcel of land, t AUG g situate at Laurel, in the Town of Southold, County of Suffolk and Rp 0f APPEALS State of New York, bounded end described as follows:- Beginning at gOA ZO%JVIG the Northeast corner thereof at a point formed by the intersection of the Westerly line of other landsof the parties of the second part end i the Southerly line of the Lain Road; running thence Southerly along th ' Vesterly line of other landsof the parties of the second part 200 feet to the Southwest corner of said lands; thence Easterly along the Southerly line of other lands of the parties of the second part 105 feet to the lands of Jeronick; thence Southerly along said lands of Jeronick 200 feet; ,•hence Westerly along other lands of the parties of the first part 216 feet to a point which is 400 feet South of the Madn i Road; thence Northerly along other lends of the parties of the first pert 400 feet to a point on the Southerly line of the :ain Road which point is 111 feet:lest of the point or glace of beginning; thence ti Martha F. Reichert Partner BAR Twomey 10 LathamNY 631.727.2180 x305 S H E A, K E L L E Y, DUBIN & Q U A R T A R A R O, LLP mreichert@suffolklaw.com 33 West Second St. P.O.Box 9398 Riverhead,NY 11901 Thomas A.Twomey,Jr. (1945-20,14) John F.Shea,III Christopher D.Kelley n l� 1 David M.Dubin % , 2024 P Jay P.Quartararo t \R Peter M.Mott Janice L.Snead J\ Kathryn Dalli Jeffrey W.Pagano 0 Karen A.Hoeg By Hand: Bernadette E.Tuthill Leslie Kanes Weisman, Chairperson Craig H.Handler Zoning Board of Appeals Bryan J.Drago Scott Handwerker Town of Southold Martha F.Reichert Town Hall Annex Building SENIOR COUNSEL 54375 Route 25 Stephen B.Latham P.O. Box 1179 . ASSOCIATES Southold,-NY 11971 - Lorraine Paceleo Terrence Russell MaryKate L.Brigham Re: ZBA Application No.7902—Application Gebbia&Dunn Jacqueline M.Morley 2146 Route 25 a/k/a 575 Condor Court a/k/a/ 475 Condor David L.Hamill Jessica L.Dubowski Court,Laurel,NY(SCTM No. 1000-127-3-6.4) & MayTheoball 475 Condor Court,Laurel,NY(SCTM No. 1000-127-3-6.5) OF COUNSEL Patricia J.Russell Dear Chairperson Weisman and Members of the Board: Jennifer P.Nigro Joan Morgan McGivern Allison Singh Our firm represents Gian Mangieri, the owner of 1900 Route 25 and 2050 SPECIALCOUNSEL Route 25, Laurel,NY (SCTM No. 1000-125-3-2.3 & 18.1). We submit this letter Lisa Clare Kombrink in response to correspondence submitted by Patricia C. Moore, Esq., counsel for Kevin M.Fox the Applicants, dated June 25, 2024 and by Dr. J.A. Gebbia, dated June 28, 2024, Craig Gibson Kevin Handwerker to the ZBA in connection with the subject Application to the Zoning Board of Marina M.Martielli Appeals for: (i) a reversal of the Building Inspector's Notice of Disapproval dated December 27, 2023 and amended January 12, 2024 that Tax Lot 6.5 is a not a NA t LL.M.M IN IN TAXATION recognized lot pursuant to Southold Town Code §280-9A and (ii) seeking ♦ NY 8 NJ BARS O NY,NJ BPA BARS variances from the bulk schedule for minimum lot area and lot depth in the event ■ NY,NJ80CBARS the Board reverses that determination that Tax Lot 6.5 is a recognized lot and ♦ NY,NJ&FL BARS thereby exempt from the Town's merger law. Main Office 33 West Second St. P.O.Box 9398 We submit that the Applicants have not met their burden of proof to merit Riverhead,NY 11901 a reversal of the Building Inspector's determination that Tax Lot 6.5 was not 631.727.2180 "created" or "recognized" pursuant to Town Code §280-9. The Building suffolklaw.com Inspector's determination should be affirmed by this Board and the subject Application denied in its entirety. Town of Southold Zoning Board of Appeals Re:Application of Gebbia and Dunn #7902 11,2024 Page 2 of 8 (O 1. Mer2er Analysis is a Necessary Component of the Board's Review of the Building Inspector's Determination that Lot 6.5 was not created/recognized pursuant to 4280-9A. Contrary to Ms. Moore's assertion that the ZBA may not engage in any analysis on the issue of whether a merger has occurred in the instant matter, the legislative history and a plain language reading of Southold Town Code§280-9 and§280-10 demonstrate that"Lot Recognition" and"merger"are inherently related and must be read together. In 1983, the Town of Southold adopted its merger law. Twelve years later, in 1995, "Lot Recognition" (initially called "Lot Creation") was added to the Town Code by Local Law 23 of 1995 ("Local Law in Relation to Lot Creation and Merger") in order to simplify and supplement merger analysis. As Town Attorney Dowd explained at the November 28, 1995 second public hearing on Local Law 23: The current law provides that non-conforming lots merge with certain exceptions, but neither Town staff nor local attorneys have clear guidelines as to which lots merge, which leaves property owners in limbo. The proposed ordinance provides , clear guidelines for lot creation, and lot merger. Accordingly, the addition of "Lot Recognition' to the Code sets forth the specific enumerated standards and circumstances whereby non-conforming lots, including those created by deed, as opposed to those created through the proper subdivision or zoning processes, would be afforded an exception from the Town's merger provision. If a lot does not meet one of the standards enumerated in §280-9A, then it is not a recognized lot. In the instant Application,the burden is on the Applicants to show that the Building Inspector erred .by providing facts and evidence that Tax Lot 6.5 does meet one of §280-9A's standards. Here,none of the purported"evidence"or misrepresentations made by the Applicants satisfies their burden. Rather,the facts, as discussed herein, support a finding by the ZBA that the Building Inspector did not err when determining that Tax Lot 6.5 is not a recognized lot. 2. There is No Evidence that Tax Lot 6.5 Was Created by a Recorded Deed Prior to 1983. Per Town Code §280-9(A)(1), a lot may be "recognized" if "[t]he identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30, 1983, and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule AA as of the date of lot creation." (Emphasis added). The other standards set for in 280-9(A) (2)—(4) are inapplicable in the instant matter and need not be addressed. Incredibly, the Applicants have provided no competent proof that Tax Lot 6.5 was ever created by a deed that was recorded in the Suffolk County Clerk's Office prior to 1983. All they Town of Southold Zoning Board of Appeals /Z/ Re:Application of Gebbia and Dunn #7902 M 11,2024 Lage 3 of 8 have done is make unsubstantiated, conclusory statements, but again, none of this satisfies their burden of proof required to overturn the Building Inspector's determination with actual facts and proof. Attached as Exhibit A is a compilation of deeds recorded in the Suffolk County Clerk's Office pertaining to Tax Lots 6.5 and 6.4, and which are summarized in the table below. On their faces,these deeds provide a factual basis demonstrating that at no point prior to 1983 was Tax Lot 6.5 created by a recorded deed. As such, they cannot satisfy §280-9A, and it is clear that the Building Inspector did not err in making its determination. The Applicants' sole basis for asking this Board's to reverse the Building Inspector's determination is spotting history of tax map parcels numbers and assessments. The mere fact that the Assessor's office may have issued two tax identification numbers for the ease of differentiating between the different taxable classifications of the whole property is irrelevant when it comes to "lot recognition." Tax map numbers are used to facilitate the collection of tax revenue, and they do not carry the weight of a recorded instrument that conveys title. If the assignment of a tax map number to parcel was sufficient for "lot recognition" then surely it would have been enumerated in Town Code §280-9A. As such,it would be arbitrary and capricious for the ZBA to permit this information to be used to recognize a lot pursuant to §280-9A. Moreover,the Applicants have not supplied any evidence that Tax Lot 6.5 was ever approved as a setoff lot by the Planning Board when the property was owned by Mary Diachun from 1935 to 1994 under former Town Code Section A106-13,which was provided as Exhibit A to Ms. Moore's June 25,2024 letter. The plain and simple truth is that Tax Lot 6.5 was never described or conveyed as a separate parcel until 2006 when the DiBartolos attempted create Tax Lot 6.5 as a separately conveyed parcel created by deed.They did this without seeking a waiver of merger from this Board or,the Planning Board and the Suffolk County Department of Health Services ("SCDHS"), as required under the law. Moreover, notwithstanding the fact that they could not create a lot by deed in 2006, they further failed to convey the Tax Lot 6.5 out of common ownership by the 2006 deed,meaning that the 2006 conveyance to themselves was ineffective against the merger that had already taken place by operation of law when the property had been conveyed out of Mary Diachun's estate to the unrelated DiBartolos in 1994. The deeds summarized below and included in Exhibit A hereto show that since 1924, the Applicants' property has been each time as a single parcel, with each subsequent deed referring back to the prior deed of record. In other words,the facts simply do not support a finding that the Building Inspector erred in its determination that tax Lot 6.5 is not a recognized lot under the Town Code. Town of.Southold Zoning Board of Appeals 2 Re:Application of Gebbia and Dunn#7902 4itw.l1,2024 �v 1 Page 4 of 8 Summary of Deeds in the Gebbia/Dunn Chain of Title Deed Date Grantor Grantee Property Description Liber 1106 4/1/1924& Edward Scholtz& George Diachun Conveyed and described as.a single parcel. Page 56. rec'd 7/7/1924 Emma M.Scholtz &Mary Diachun Liber 1808 4/11/1935 George Diachun Mary Diachun Conveyed and described as a single parcel: . Page 216 &reed "Being and intended to be the same premises conveyed by 4/12/1935 Edward Scholtz and wife to George.Diachun and wife by deed dated April 1st,1924,and recorded in Suffolk County Clerk's Office in liber 1106 of deeds at page 56 on July 7th, 1924 at 9:30 A.M. Liber 4/25/1990 Elea nor.Diachun. Nicolo DiBartolo Conveyed and described as single parcel. 11677 rec'd and Rose Diachun &Caroline S. "BEING AND INTENDED TO BE the same premises conveyed Page 427 5L18/1995 as Co Successor DiBartolo by deed dated April 1935 and recorded in the Suffolk Administratrixes of County Clerk's office.on April 12,1935 in Liber 1808 Page the Estate of Mary 21 b. Diachun- Liber. 11/8/2004 Nicolo DiBartolo& Nicolo DiBartolo Conveyed and described as a single parcel and resulting in 12425 &rec'd Caroline S. &Caroline S. the issuance of SCTM No.1000-127-2-6.3(a single lot) Page 494 12/14/2005 DiBartolo DiBartolo "BEING AND INTENDED TO BE the same premises conveyed to the Grantor(s)by deed made by Eleanor Diachun and Rose Diachun dated 4/25/94 and recorded in Liber 11677 at.Page 427." Liber 4/14/2006& Nicolo DiBartolo& Nicolo DiBartolo Conveys Tax Lot 6.5 as the"Parcel I(Conveyed Parcel")and 12446 rec'd Caroline S. &Caroline S. describes is an improved parcel. Page 331 4/20/2006 DiBartolo DiBartolo • This is the first instance of"creating"a separate lot by a recorded deed. Schedule A describes the conveyance as being together with a non-exclusive right-of-way for ingress.and egress over Condor Court. • Describes"Parcel II(Retained Parcel)as vacant parcel.' ' The description of Tax Lot 6.4 as "vacant" is false because it has long-been improved with multiple accessory structures,including 2 barns,one of which was the 24'x 61' dilapidated barn that was supposed to be reconstructed in-place and in-kind pursuant to Trustees Permit No. 8032 (but was instead built as a single family residence and without a building permit or SCDHS'approval. Even the Applicants' letter to, the ZBA dated June 28, 2024 notes that 6.4 had been improved with structures before they purchased the property: ...the Diachun family began running a sawmill on the north end of the farm'where they operated large, diesel saws.. We surmise the barn that housed the saws was likely.constructed in 1941 and probably f nished two weeks before the attack on Pearl Harbor, according to the to the date, Town of Southold Zoning Board of Appeals Re:Application of Gebbia and Dunn #7902 J 11,2024 Page 5 of 8 Deed Date Grantor Grantee Property Description Liber 10/6/2006 Nicolo DiBartolo& Joseph A.Gebbia Conveys Tax Lot 6.5 12474 &rec'd Caroline S. &Theresa M. Described as"Premises known as 475 Condor Court..." Page 562 10/18/2006 DiBartolo Dunn "That Grantors hereby quitclaim any right,title, or interest in a certain right-of-wayto Main Road described in Schedule A." • Schedule A describes the conveyance as being together with a non-exclusive right-of-way for ingress and egress over Condor Court. Liber 10/6/2006 Nicolo DiBartolo Joseph A.Gebbia Conveys Tax Lot6.4 12474 &rec'd and Caroline S. • Described as"Premises known as 475 Condor Court..." Page 763 10/18/2006 DiBartolo • "That Grantors hereby quitclaim any right,title, or interest in.a certain right-of-way to Main Road described in Schedule A." Ms. Moore's June 25, 2024 letter to the ZBA dedicates several pages asserting that the instant application parallels the waiver of merger application granted to our client Gian Mangieri by the ZBA in Case#7109. There,two lots had merged due to one lot's non-conforming lot area. After.providing the competent evidence required by the §280-10 and §280-11, including a single and separate search report by Fidelity National Title confirming that the two lots, including one that was actually vacant, had been held in single and separate ownership prior to becoming non- conforming, the ZBA granted a waiver of merger conditioned upon a lot line modification application to the Planning Board resulting in a conforming lot size for the unmerged lot. Ms. Moore's insistence that the instant Application is no different from Case #7109 is puzzling given her stance that no merger has taken place between 6.4 & 6.5 and that the ZBA cannot determine whether a waiver of merger is the proper relief because the Building Inspector's Notice of Disapproval only states that Lot 6.5 is not"recognized"lot. If the two applications are so similar, then why is the Applicant not seeking a waiver of merger, and undergoing the same process used in#7109? This Application would make more sense if it was one for waiver of merger November 26, 1941, which we found etched into a cement pier near the collapsed barn. The Red Barn is a Circa 1890's post and beam,judging from the wire nails and the style and thickness of the cedar bead board utilized in construction. WA Town of Southold Zoning Board of Appeals Re:Application of Gebbia and Dunn 47902 .fie 11,2024 Page 6 of 8 3. The Zoning Board Has Authority to Determine Whether a Waiver of Merger Is Required Prior to Determining Whether to Reverse the Building Inspector's Determination. Ms. Moore's June 25, 2024 letter to the ZBA erroneously claims that the ZBA is without jurisdiction to consider relief not expressly considered in the Notice of Disapproval. This is emphatically wrong when it comes to a request to reverse the Building Inspector's interpretation of the Code and its determination that Tax Lot 6.5 is not recognized nor was it created pursuant to §280-9A. The Board should not be misled by such faulty logic and erroneous interpretations of the ZBA's jurisdiction and its powers of review. New York State Town Law provides in§267-b("Permitted Action by Board of Appeals"): (1) Orders, requirements, decisions, interpretations; determinations. The board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, - interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such ordinance or local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken. (Emphasis added). Contrary to Ms. Moore's mischaracterization of the ZBA's authority pursuant to its appellate jurisdiction, when the ZBA is asked to reverse or affirm the Building Inspector's determination, the ZBA must in fact conduct a de novo review; that is, it must review all of the facts which formed the basis of the Building Inspector's decision in the Notice of Disapproval and decide the case as though it were the enforcement officer. See Matter of Concetta T. Cerame Irrevocable Family Trust v. Town of Perinton Zoning; Bd. of Appeals, 6 A.D.3d 1091, 776 N.Y.S.2d 660 [4th Dept. 2004]). The case law cited by'Ms. Moore is inapplicable here, where the Applicant is seeking a reversal of the Building Inspector's determination. The cases cited in Ms. Moore's letter involve instances where the ZBA improperly conducted a de novo review with respect to what kind of area variances needed vs what the applicant had applied for based on the denial of a building permit. Compare Matter of Sand Land Corp. v. Zoning Bd. of Appeals of Town of Southampton, 137 A.D.3d 1289, 1293,28 N.Y.S.3d 405, 409 (2nd Dept. 2016) (ZBA was authorized to consider the Chief Building Inspector's determination de novo and make such a"determination as in its opinion ought to have been made in the matter" when considering whether the Building Inspector had properly determined whether a pre-existing,non-conforming use was legal prior to the enactment of the zoning ordinance that rendered it non=conforming. The determination with respect to §280- 9A has nothing to do with the ZBA appellate jurisdiction with respect to the granting of variances. Town of Southold Zoning Board of Appeals Re:Application of Gebbia and Dunn #7902 .J+me 11,2024 Page 7 of 8 V v 4. The ZBA Is Not Being Asked to Adjudicate the Existence of the Right-of-Way over the Mangieri Property. Mr. Mangieri is not asking the ZBA to adjudicate a civil matter between the parties, because the terms of the extinguishment of the right of way has already been adjudicated by the Supreme Court in 1992. Under the .doctrine of res judicata, the Supreme Court's judgment is binding and precludes relitigation of the issue. The Applicants,however,opened to door regarding the extinguishment of the right-of way when they alleged its existence as a material reason for the ZBA to consider in whether to reverse the Building Inspector's determination that Lot 6.5 is not a recognized lot. In Section 1 of its"reasons for appeal,"the Applicants stated: The house lot is one acre in size (200'x 200') and contains-a single family dwelling and pool with access onto Condor Court. The farm - parcel is 15 acres and contains barns and accessory agricultural structures is actively farmed with separate legal access to the Main Road. (Emphasis added). In our prior correspondence to the ZBA, we introduced documentary evidence that is already part of the ZBA's record for Lot 6.5 in Case#5254 regarding the sworn testimony of the DiBartolos that their right-of-way over the Mangieri parcel was temporary because of the Supreme Court's judgment, which is also in the record of that matter. While we are mindful that the ZBA cannot adjudicate civil matters, the Applicants seemingly expect this Board the property's prior history before the ZBA. The Applicants themselves seem to also ignore the fact that their deeds from the DiBartolos to Gebbia & Dunn for Lot 6.5 and Gebbia for Lot 6.4 both contain language demonstrating that the BiBartolos transferred their property to Gebbia and Dunn with no warranties or guarantees about the validity or existence of the right-of-way to the Main Road over the Mangieri property and others: That Grantors hereby quitclaim any right, title, or interest in a certain right-of-way to Main Road described in Schedule A. It shocks the conscience that the Applicants continue to spew their unsupported,alternative narrative when presented with the.prior sworn testimony of their predecessors in title and the Supreme Court judgement spelling out the conditions upon which the right-of-way would terminate. Town.of Southold Zoning Board of Appeals Re:Application of Gebbia and Dunn #7902 J Jime 11,2024 A(V Page 8 of 8 5. There Are No Bona Fide Agricultural Operations Taking Place on Tax Lot 6.4 As for the spurious denomination of Lot 6.4 as the "farm parcel," the Applicants are not engaged in any bona fide agricultural production or agricultural use.as those terms are defined in the Town Code in Chapter 280 and Chapter 72. Rather, by their own admission,the Applicants appear to engaged in a relatively small scale growing of vegetables and herbs for personal use in their garden that is accessory to the illegal single-family residence they built without permits or variances. Their gardening activity hardly rises to the definition of agriculture in the Town Code and the NYS Agriculture and Markets Law. The structures on Tax Lot 6.4 are accessory in nature,and since there is no agricultural use on the property, they can only be accessory to the principal residential use. As'discussed at the public hearing,there are additional residential accessory structures (also built.without permits)on Tax Lot 6.4 that are clearly part of the residential use on Tax Lot 6,5 by virtue of proximity, walkways and fencing,all of which show these two tax parcels do not function independently from one another. — According to the letter by Dr.J.A.Gebbia submitted into the record,the former dilapidated approximately 1300 sq.' ft. "barn" that was constructed without building permits or:modified wetlands permits was a former sawmill. A sawmill and the processing of timber products is expressly excluded from the definition of an agricultural use under Chapter 72. Both the sawmill .and the cranberry bog that the Applicants cite as evidence of the property's ongoing agricultural use were either'discontinued or abandoned many decades before the Applicants came into possession of these tax lots.A sawmill constitutes a prohibited,non-conforming,non-agricultural, and industrial use. Whether a non-conforming sawmill or a dilapidated accessory barn,what was supposed to be reconstructed-in place and in-kind is in fact an as-built two-story single-family residence.While Dr. Gebbia has dubbed this structure the "Laurel Barn," it is no barn, and it is a far cry from the reconstruction of a dry 24' x 61'. barn that received a permit the Southold Trustees and was considered a minor action and exempt from LWRP review. Moreover,when.Dr. Gebbia applied to the Trustees for the permit,the survey approved by the Trustees showed no sanitary system, but the survey submitted to the NYSDEC did. This demonstrates the calculated way that the Applicants submitted different project descriptions and surveys to the various involved agencies. Aerial imagery and the 2018 date on the,as-built plans submitted to the Building Department show that construction of the Laurel Barn was commenced after Suffolk County enacted its laws requiring an I/A sanitary system for all.new construction. We doubt the existing sanitary system has any SCDHS approvals since the 1981 Suffolk County Tax shows this property as a single lot designated as Lot 6.0. As such, SCDHS would not have approved a new sanitary system for a .single family residence without first approving a subdivision/lot line modification.Additionally,the sanitary system may have been installed under the driveway,which requires Board of Review variances. Town of Southold Zoning Board of Appeals Re:Application of Gebbia and Dunn #7902 J�nJ� .km&11,2024 l Page 9 of 8 We urge the ZBA to request additional information regarding the Laurel Barn because this Application should not examine Lot 6.5 in a vacuum. The building permit denial that triggered the.instant application was an application to legalize the as-built Laurel Bam as a single family residence on Lot 6.4. Specifically, we request that the Board request that the Applicant to address the following: • Did the Applicants receive approval from SCDHS for the existing installed sanitary system for the Laurel Barn? If so, where are the stamped approved surveys or the variances from the Board of Review, if required? • What is the height of the existing structure? Based on the elevations in the Building Department file, it appears to violate the maximum height permitted for an accessory structure. Given that the Applicant was denied a building pen-nit to convert the purported "barn" into a single-family residence — does the existing structure even comply with the maximum height for principal structures? • What is the square footage of the buildable area of these two tax map lots exclusive of wetlands and unbuildable uplands on the westerly side of Brushes Creek? We posit that the presence of substantial tidal and freshwater wetlands on the property further reduces the lot area as do the rights-of-way over 6.4 and 6.5 for access to Condor Court. Can the Applicants feasible create two conforming lots? • What proof can the Applicants supply to demonstrate their title to underwater lands, which are normally held by the Trustees as the original grantees pursuant to the colonial patents absent an affirmative conveyance out of the Trustees? Thank you for your consideration of the foregoing. For the foregoing reasons, we respectfully request that the Application be denied at this time. Please make this letter a part of the record of this Application. Sincerely, Marth/. Reichert Cc: Town of Southold Board of Trustees (via Email) Julie McGiveney, Southold Town Attorney's Office(via Email) Patricia Moore,Esq. List of Exhibits: Exhibit A—Deeds Pertaining to Tax Lots 6.4.&6.S Town of Southold Zoning Board of Appeals Re:Application of Gebbia #7902 .Tame 11,2024 Exhibit A Deeds Pertaining to Tax Lots 6.4.&6.5 •tl said premises in fee simple, and has!goodright to convey the same; :. SCOND. That the parties of the second part. shall quietly enjoy the of land Ei said premises; THIRD. That the said premises are free from incumbrances; z 1r I Together FOURTH. That the party of the firsti part will execute or procure any Frank D, r c c farther necessary assurance of the title to said premises, FIFTH. 1 Being at jf That said party of the first part will forever WARRANT the title to the t;if i Harrisor said premises. IN WITNESS MiM OF. The party of the first part has ( Margerei i4 j hereunto set her hand and seal the day and year first above written. ,(: i in.the i In presence of on July Arther M. Tasker LILLIAN G. KLIPP L.S. j Being an State of New York County of Suffolk so: On the ninth day ii. I the thir of July, nineteen hundred and twenty=four before me came Lillian G. Edward S. I Klipp, to me known to be the in3ivia"Pal described in, and who executed, in Liber ( the foregoing instrument, and she duly acknowledged that she executed r'j { .Together the sane. Arthur M. Tooker Notary Public. first pa of Recorded 7 July 1924 0 9.30 A. M. F' property a� ✓✓���/ �Compared by ( ' rd.LBIC� 4 O lT Tlght9 0 ( AND.TO HI part. th( !! ($3.00 T.S.I..R.S. OAN.)4i •r'. part cow �r i / /.f•�:! ti rr? part is c ! ;, THIS INDENTURE, made the first Say of.April, nineteen hundred lip: i tZ, +'} i;;L, convey tl and twenty-four BETWEEN EDWARD SCHOLTZ & EMMA M. SCHOLTZ, his wife a �1 quietly residing at Laurel in the Town of.Southold, County of Suffolk and State 1:�� q y e �! free frog of New York, party of the first part. and GEORGE DIAORUN& MARY DIACHUN, nei. will axe his wife )ofGreenport, Town of Southold, County of Suffolk and State of t ij01i I to said p ;i New York. party of the second part. WITNESSETH, that the party of forever iY the first part,in consideration of One ($1.00) Dollar, lawful money l? i party of ki of the United States. and other valuable considerations paid by the Sri` ! ! day and y party of the second part. does hereby grantand release unto the party t' ,���`,.. In preeen of the second part, their heirs and assigns forever. 4c: 9. Albert H. it ALL that parcel of land situate in Laurel in the Town of �t�7 ' Southold, County of Suffolk and State of New York, bounded and described .t_: as follows:- Beginning on the West and Northwest by lands of'Mrs. John 1�j :. I April, nh Kopec or.John Kopac Estates, the Long Island Railroad Company and John >; '' & Emma M. i; T. Young; on the North by the land of The Long Island Railroad Company; in, and wi �! . on the lCast by the land of George Woodhull; and on the South by land F3; that they of George Woodhull Drushe's Creek and Meadow. Being about 15 acres �fl , 1�•• ?! Compared CFF` �T of land be the same more or leas. t ronoes; Together with the rights of way reserved: by Harrison H. Tuthill and ay Frank D. Peterson when they conveyed property to George Woodhull.. Being and intended to be a part of the same premises conveyed to the Harrison H. Tuthill and Frank1). Peterson by-.Louis H. Schenk and Margaret E. Schenck. his wife. by deed dated July 1. 1908 and recorded in the Suffolk County Clerkle Officeiin Giber 654 of Deeds at page 301 on July 1908. 'f S. Being and intended to be part of the;same premises conveyed by Deed dated day the thirtieth day of October 1922. Fran1t D. Peterson &Anos. to Edward Soholtz. and recorded in the Sufffalk County Olerk+s Office, ted. in Libor 1062 of Deeds, page 567 on the: fifteenth day of January 1923. ed Together with an7 and all existing rights of way of the party of the -first part over adjoining propertiesi to,got to and from the above described, 4 property to the Main Highway. TOGETHER with the appurtenances and all the estate and rights of the party of the first part i,n,and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part. their heirs and assigns forever. And said party of the first ' part covenants as follows: FIRST. Thalt said 1mrty of the first part is seized of the said premises in fee simple. and has good right to hundred convey the same; SECOND. That the party of the second part shall s quietly enjoy the, said premises; THIRD. That the said •premises are State free from incumbrancee; NOURTH. That the party of the first part 10HDN. will execute or prooure any further;necessary assurance of the title to of i to said premises ; FUTH. That said party of the first part will forever WARRANT the title to said premiees. IN WITNESS WHEREOF. the y party of the first part have hereunto se-t their hands and seala the e day and year first above written. rty 1 In presence of: I EDWARD SCHOLTZ L.S. Albert H. Silkworth of i EMMA M. SCHOLTZ L.S. cribed State of New York County:of Suffolk es: On the let day of John April. nineteen hundred and twenty-four before me came Edward Scholtz i John &Emma M. Scboltz, his wife to me kndwm to be the individuals described ipany; in. sea who executed. the foregoing instrument. and acknowledged to me land that they executed the,same. Albert H. dilkworth. Notary Public. r area ', Recorded 7 July' 1924.® 9:30 A. M. Camper ed�y p :;K'• sT 7rr-'.` ;:3:•:Ik•�i. j�:>~;,;,5.. �a J�-�,r.- `y.�'Tit• �-•e;;- ti`'r cJ.42�' ��' ��ew�i r 3:Ai _ ii��.T'zF.::Fq::b°�y.��.•,'µ?r' `I`.y`���'""n�'9:':�i ZMal"Alli, ll _ nr !1 F .�',!��"x� •-.P},�'Y'dg .xY'.y`"�y j �.��•,/�,�•::. «,��. ,,Y?�y�'i,-`y.��',y�JC` � p•-" , ."42.' yam` '" ^: Y �"';�+••_r K >?. x �. i:.�',a., �w�,"t?•p.���S�el+*4��n,�"y,+! -•w;a E•• :s:a- .r r s' �3 ,fi,�+t:Ti:: '�,{`?: -�-�r-'��'''Y'•.`r',F.`_'S� �.z:Yc'r- ";,';�?;-=::s^',"•`r.:::�''�.•ti,TWl",,:_;;�' .i.:-..a....�w`„ W d« `. .. ;_.- ,.-J _ - ram._. is_. •+.Y�• s:)%'Yr- Y Ri: �,.V' a�v .t I 1 t..`t;�+�.;t. �bN`-� :'✓`;:.y..'.t::' 4•L - •t-P r.�:.1✓-a�;•;y4':1s`�rY'.. .J ri:Ar`' eJ"•.i'.,:;.-..:n,L;";�•r a•.� .ti'�J .i 2•a. - X"' :�'�-+p .'4:r •i:» .+3`.T �',;✓"'srz'" m•. ,,>i:,-.,•a .^-'4:5-,",-:;i`....,+r�.:.i°a', �Slj+�••y�w��j�''�C�i-.::1.•.• .Ai'•.e=�•,�:�, .„L .�. 'S l q"F� '1> .:�-`_'BPS�''r.:�yv-'!' J"i�l:�' _:f+.,g...�,:•Y:''ft�l.l:..,i.'::6.G.....,•�•.`.:' :�', j•+,�`i:b'knt•+'pa ijtS•t, "tu�:,L$' '7 x: y '\ice• (� •` ^�, X'S-j., } -2:.a? `ai}-w" ,r,i ��'�F, d'7'�r• er�yr:�.,'3 3i.'.:•�:F> ,•,5't.::y(,�,,(n��_ Y����ll��`:''-:::.'rst.., ...z j. .t.,�-. .? r� y,':,.__-.t t �t'cc; a:Z 1 `�•a '�• ,<Y.". - "tF,' ;�•r.x-.•:::.i•:ic�:'-i'•.:r..�'•..i .'TJ, 7 •A';:.,. d~;,j1'', '.5 �a"F;i'.i •';E.: yl7y,lj. �a::::'�:)j+ ��n •�T-'TJ EM' _.:+I:i<,'• :r.� r>. •i)_'::.a..�,. 'inq• '.`+;:i::!;�:y:i1,•`'';:�'w.. .kr`-• , .:.en"'ri N .k '� •,- 'fe�•`n! :?Q' ss'1,TOW "'�:'<u. : ...,;,n; 'v` ,i•}t,4r..+.?,�[",y'f>, ,t ''�' :l''> .n�-_�„'1 r„b-n �.r+ tJ•'F-...;t•.-� T rr ✓ g I3y°t::,Z"-"f .1►•, 1 •x,:..r :�aFF'r��`£�-���5'•:' ��,a;��,,, 3 _ ^.L - r'`;45`7�,; '�j'<Ci::- �•a wt".'i= __ r'�.i,,,.,ti. -u'):Y rxL,�.v�2','O,yr. .yr - u�v, Y t ',:v'zrti�-}� .J` '.>('��r�;:�� •:�di"'ct:�'�1°�t +r �ic•'t�: '�+ .j? � c:,.: �T�`t44e`::, ...:'4'� ->.R:�:.._ r;�.=,Y.�• :y..t:;4:;.._n,;.�Jx`.'�iGC,Stc c.7,eC-ni�y=';k.'•r'v���'' r"' �>c. ! - :.,,: :'�.::1?i ;°;r5z:.::�t'i ,''�,��` -�``� f,•i�..s,..�+•.�c`:;*��.�:•�??fit'-`r-y1>,r"�.:..�4•°n5•"'r�'�: 4 ��"' !sy�{��•, ��+ „�• w:�" is�. - >�-: -1. � r -iL.'tYO .q.4,,1„�^at:l: Etta�-ci" ,ii-.S."':,• � ����.,c - t .,�. ��m-d n ;o•e'•ctia'-6jiodscdr�d,P> tti�EytS3 j�=:�.`��. >. �::;..<< t?',i's"'t.;n� � 5•�Y -.,� J� :,y -,•c.•.Pi-s:`. ia,r":t_a.�`'i='!t• =F>[_•f•�#r`.i'.t:t5: 'it''.r ,:}�1':5`^ .�a•r�t���ii=?`:,�.a,-'c"-�"'••3.:zeY.�•'y��:� -}�* `��, 'u.',:�_ '�.';:''f--: _,•{:'n' -:s-S...F,!+,?. .-�•s�.>. _-�i`,';,:::,.+`.p..�f•i:� - �•--0.+:•:-,i�> l�-�'J '� •�_.'.,�,A' -,•ti ':;:g., ca�?r�,_ w':�-'EO?a �DIACRIJH`.:s*'� 7 „ �li�e�eTOb ;�•...a�'=:.�.,,�`�a'� a: �c� � d -�� -•r� ':` c'.u"'-.' .t•':'��+� s a -.,Z;f M,'. .<raJ; t:e.:•:wJ);d`,..t::. ^:}-,':*'•1: N::. •�i?:Fes-+ •.^t:c .:,45:.. 'Y4' T -:r 4:fa,:t ?;= •�'.. = :`,:r ' x 5 :i.:r s� '�S i� '•=1'+'d''i;c•;a>•e�i'•' :y - - ,L"^: -Y`i:� �r �-.c,?�-.S.n.;,r��'".r F+,, a:'i y 3,:'r..xY�!, _.t' -!L'y :�."c'�i`':::'.e'�;>::',;e '�•'�:5• ,-.v,r. = -:,, '�-:.' 3b �' _:-^s:�t"y: '.^i:'�S S.�M- a...•.y''�, S. _ ..ft};;rd: >.r ritf%w T.9%✓.a•: -�i."1%tr:�:- ,'.]' _,. g�•t ,`''tyY.- � .L'!;�^ & _�.j. ;.�=<:: c;n tia :"�•r _ •. •.v a' :t j ^Lc tY,' ':1if, =Ss •ir i;'"i,}:�.ws` N•;v_c i�•;;w ' .•r.,- �y�,�:n:..; r?.: 'tify�-:'� ss». *. {,� •� 5';�� '1,. �e,•th _�:•:,';yL•�yS ��it�_ %.r'• :iJ•.�_ �•^.,='.a:Y�'%;a.'.`�''''`,"S"L- _.:�^zr�3ti.{?*, �„jt'Pat�• r+0�'tbL,f�f't�,�'�` ,y�pwS�r:f �`' i�:'-..'!f ,�jei�;a7+ - .git'j, _-rs!;•,,:r:r.--7;�-^ _ _ vn� - :�Y'•P� ;+1�.•-,,}r _ __ti.,.r> ��}} _ _ '�'ar ei- r:K8ts9.; �Eta1' � �"�'"e'3!.F,•.•- ,`„ �L.^vl' r�j'�ff }t♦♦�� ~•V.�j,'1-•ifu:'bt-6Pld�li� rqu.Di,� i':�-C.- .ro,e: ?,.`+.f3.t�,.tti S :r:� 'x'w:-)::•''E: - c2' ,�u�Fl+kal.t�• ,.7.:�.. ._.,•�.: �r J. V,r..'R��"i 3'^"ti'y)„"S`+5!��S• �•'���� `'�• r_:fi Y` .:Y`3;.L'� .S' - _ ".Y�_'-_ i1�-�•yS Z.:'.;ya•�t5.'_.e. in-.A'.,.,��'�?�¢:�.;G>;�'-+. . �''s����''s:"?�f'' =r;;'. - ;t=`,'• '-,<.a:'::��- -''T'�;,. "r;-- - atca.;r..:..?t=r`�+�T�„•.�•�%�•�.{?-=-'^r'a. ;' "tt .`t7L:. --'•�? .v;•. - - :;i=:' _ - ;'�+e�N;i':'p"�",_�.n,.>:^t ,rs_a,- t+���.F,, P J. ? `�a=:•� `�:3;:'�{�+:•�•. +:•1'..::. :....-.r...,n y c..,,..i.._rl- i•>,a�l'•3•`-t yid, r,--, '� "S'' a'.'{."^ �i.f.:i'Ci:i*V:;:?:,.,ti i:e:r. •.e':'�.;�':":tr;2.. :t"•:-'?:•r+=,-n. x,'r. ♦ °c,.•.. .'��-'- - •`,f'a�''.'• Y.'t`�1,".r .:>'t-' �_�t:�t:Fh.:'.�vy -.J.,J�.' '..�•C•f:.:,b.V..w!.; n1:�''C 7.�N�,ti?,yS,y�aj�`.•'?,: r Yf_ .1 __ - _ •.i"':�".�- si:1-_ TR1:::v+:_f�"•,,''�.t:y'y`.9i. TL•+n l:.��i�.'�'1`r..•ti�t4• 4 ':3:�i7Y .?'`'i Y-r f - �: - i`�'�`�:�: _��rd_y'{�_ �'7 i:u=-`-tiu••.�y'.�fi'i�+�'�w,P>^:':�..^_gy'?s.^.�".�(•:L4'"I-' �'^'4" st' -�.-r�4s ���'•_3 •Cti.�'' _ r.\riN lYa ��'f.� aTi _.Yyw�+'.Y.�.Tµ �k T,�:'a-Fkti-G•'.w;�=�u��•w 2'"^Sy`nYj'•.'i� _33;a<T)-�^ � 1'' _� !di - Ak• ,�„T•� _�.:..�cv,:.S.C"��'1,� S1:J3'�.`.c_;t iv,:: •3P" Sy, '9� >%L.^4� -'--t';l�yr._ _ :.i s�.,:, `5;::' •.r:.. .,_r,'�'��'., .,io..^.d'c^.+.•-.:-• �"'�`iiti�F.;"�f, t �-z_ `,'��{i:;- ,�,:> .:.04'. �ci=='ti.;_r-S`:-�i' ::L�':=�v�'^•..x�.��'.t<:t-, �` '�•�.-.-ti.-� �'•' �T,jvti �.f:. �';;'�. ;;?r-.}'--"�, Via;-,•- w,.yr'.?�-'Y.,,•.. ..Aw ' "-�.. gy., 4L• ^,r.- �;-�. -_ `�;: _ ..3i::ra•'--tt!t=-'7�A:.`.5:>,-.z'�.5..•,,,w'•v n?cs.#•'st�;• b�-tr, .y r. 'k? `-Y. - _ '• T�e�"4., _.. t�r::-s�.a;x='..;'-'=•":u�,_�•b�r.;.r-,.,5!•th„'y,.�• tea"•.-r ✓i,x t :A.,-. a9s"`�?��:i ::,�.�Gse'�d?. -..y.Y+: -�-a.t. �.y s )L ro a 'jr _ -'-�8(.•ke�Gis •- iec-eonsaei� ,asd��:,.....:•.L'�.�'>..�- ''•Y•.`-4zsc ' ---.Sft2S33&+S�that't�e4P�? t. �-,-_--��':: - �-�-a.:..;c.,. c._.... .:•'e,+.-.r. h3 •r "�` ',v'�� �: - s-�:; ;..��- - s-�•"r•, ,;,a,:r!: ::�`r�T��=::- '•;.�a���•y:xc:t�t,•:n�;T�-�':Ya�'`Q.:s.. .i�'" ! - :✓� •:�.'; ...�,.' !• L'::i`• ��' rf:..,,::c...;e•i- j �•'=�v-s�''::.�' -;l tr ..<,%'+-hn�=�,;i _ ...,+- ;y; •6.Y`r;u#,i�.�fliv i ''.;�:,�r i;s ':.i'.:::,.y^`" av+'�v�v: ia.:;SC••: �',, +', +w�.+��' _ 'e ''n: �Y•:'eCt:' ';Yif.': J.:�-,z'.'�:. .�.. �t;`r'., '�` �!''v.+��'c�'�,a>`r 'y%i�„_... :�• _ - •anb•.:a-?i: - , --,e"r. - ,sa„•{>.wjx-A-- 5iuE.- -:Y. - �• _,,.f.:r -_::c_:_:i' :,ci'::; ':, .;�:..- •� y.. � UBit _C4: .Yy ' ' } _ .••y>'` ••y.':,r , - �, i.134Z��q. }�., 1 Ar :tr�I- :.P. _ ';"'`<i.P "„i^^a:.: - `;:s.��;:.t '-::.�• •s•_r�.x:.'�l.c•x-,,,,Fi:.-<„_ �^,• n"a- t -'�:r.:; :::yji :"'.'a.t-_ �-'%�.tt"'i+ (V+-04�'4.s.��.+.,. .! .;t�Z°� -`ai• l..t't s::7,x t^''`'G--�iI t'�q;�r,` �;7; _'"y'^•�,.; � ,r-iFR.:.,v„' �,n,'r 3,., ..t-zr�-c;�... .o?!'+mji�>a.:.r�`,••L,;�;,;_,.:trrT-.rF`�.�s,.�,�•t�xc`r;�, ��`,r *`. ,%r,' .;.y.^- _ ';LiS.r,.{s•`.::•`)'RY`s`q_h 4:.� ;rvg.�'�y mac..-�c•3.'s'S,: �;,•,_-�,,�, f„z •t^t•'. L+ �" °3'�^id.-._ •'.'"r_..Y�' aY�.,3f:::.:4:.<},�L-•_ .ti%;•-:21_.-cu. - '�t._r ,� _r�s��e+ . .:-;.'+:i• - •.e_'ir;.:.-;�..,✓.�'�e�ti5;:.�Ss•.s?.1�;`',-x 7s=;•�w:.� s'�J^�:':t�'r• -';Tr:,:?l"i^3:: .`r�:'?`;;a.'s.,::t.r,;t-c`::+4s7..r •e ;z:� :i`'.ik, -�,'��?<y.a'�3` >�,,:,7,ati�e` :�:'::;;,`.-'r{" :.i:-r•. ��b,CS fi5): 7>r.�,LteatdCc:e; ?�Ctgtd7ts�- ,•�ti[b3iy, e �t-_..tom y,�F-:`�.`i _�ZJr_ ��i�' qb�++��: � .of:�tfctoctooa•'pa� k:;,,..._y -�„-,L, .rr-; •'a.'• �- ��'- t "S�.-_�`+ rY: zyx- '•µ'y`.a 3. �+.r ` •,� -'.'-r��� 7 M,�.7�- :r1+-...>`_{:yi"✓ x.:-C,,:a L��F 'ir�,..:�,� '�,.y..� :•tr:-,�+'��'Cb).17�v+,l.TJrv��i �:•'�;�, } �- r�� - -: :tin:7: 'N„?•.r,T'Ysf i_ J;`4i_:°au+u:;, •:i'..r:Y„i•L.f.littOk°.�yg t'• �t-a x�2Jy•^r.�F -" •.,5,'•:,:=sr,. .,;~•ti-'n"7• 5 �'_•'.s•r INS _ yri; F:. ._ i <" :o7P;_ a tp ..f _ = =: "' :ug,, nr c _ trip poi�w * _ i;`J►?aL tt aL, 0- 1-0&1 yd�?�Eua os,�- t>.�'�� r��J r}r� '� ' a Y �+-•' - ';.r` 2,3 2g.:Z.N �: 3 °s''a•,. �'�4,•.,•` {^rYty,a' -• {,.' '',•�•f •' ,,rvpi�=n.:•-;'ts::s):��g: ..1�'=a��� "� �a.,y_�':>' •� i�-:;i' fJ,• -4''" h o`Cto"York' '?a?dr�sao^ltia3;tta•toI¢¢� s�; r � o:=x7=..�'fD:w4�": •ti' .p �,r, 1• • -, s�:._ ;�4:-�.•i f•;•;�,:•�.)':y'r,�..>;i�::5?�;��:ri'•'1-=`P�::..o••i. `4.:-s'.a:..ry:), �'�� _ :�t.�;Cor£hs[���":by:1•ands�.o ��'Jo�a_��_ •sa ,�.. �'zs-;' '--cz::�,.�� ;�•. '<::•^ ,«•tEq';;;iF.'r�-":':d''n'wr i�.'.t• %:xi+:,^,,,-c,?i: :-.q;3, .•�:.a: t. -._"-=, y"•:;i%?.z'•r•.r..n;` max*' .T•-,•r,�`."a.: , n-3�••.: i>�: :e_.,.�. ,'i;.,w.ti��y,�,:-;.. -:i�,sr;y�c.,.� tea;-'Pa» -`�h sTrOrtti�b•yt 9:lGtsofs. "�ti :%'`��%� a 2ste i"r-alircZLA cl =M, MINE yS^`��,-' �xr- ':�; =',:r• ra t i.w:` ieaa.of:Qaor3o_�'abah l toic�E Y ��,�_ tr _-�;•�3.Ysl � tw BdS!.nW s.Ha•:v,..,ps#_:- ._. '=•e•- ::#7 ,:,x:;: �r - Yt� _.•et'l_?u>:-: �`<..Le �e'?�' r;Y= -'-- ` 3; ��,�,.e•7 �' ,,:s.. •}!r .•y'^�.�. ::�lis�- .�u _ -4_ _ _ '.I;.y^. '`:, - 'rii�t-t ��v`-Ay-,,!S,s e 'a,'''y,%r•+s�C,. '• .a;'g ='.ct::+. •:;�?`'. ti t�;;:-^';'`-•"=` :i•„-.:' �'•:iP, j;OCGOW:. `=` L' }t .?:P;'%:'y:•'=w f .'� '' _ ^' ..-��-'G�eok�.aad.„--a' rr,'s •Y,abau �_- � :iRk t _ -Y _ `a ,�.;r;':,_,. `:. .-':f:�.t'�,.•_ - -?,.va4:;•f.?'.S?:.-sr-:'-.y'._'�` ...: ev§_ '.,� ;�-•-' Iry _ ,+y.,v'cr.: �.p., tia`%�.a_,�. _ _ st,.r,��.•'Sc;;�2:�-zksk�'=�1:��%:.r A'i`'E•:, - WAA Alm gq -- nE_ �=ofrlandb_`c5�2io±`ei�bv�T`.?,,. - _.�.:���;;iTv^�=���7sa�-,:'.t �•�-,�"•'�_' � �' "�.'y;-",{fir; :L-..'.``.: -_•:inn»� r.•r.-s:,.;:; :.l�.,o-. - �t;. =- ':ru,=:,;...,�t'r'�:.::.�-� t•. :�'1'pp}[.+d• �'s �t c sa` -";� `�•�::- �`�{ °;;<:'4 - - - :�� :_rsder+it3dcby., rlsoa�f.,�11itL�i..;°nS�_ _,;<s"r`•.�:M� 1, :'.� ,..�•'.' ':2'fii3'E�'Tibhsts9��rlBht4":Qf:_�. .�..,.. .>�,-.,F.r;�:. :<s.�e.=�a�-� '�s.-c,-� �.�rtk. `..`�: ;^T.QQ, .,�-- '•r::-;t� - - - �it'R"s pr..., -:^,.','- ,.:e =f' Y - ^...•. _ •1t''itOSaQOrgt}:fccdtn?tt'•.),;;,:�r �i>'':r_�-�� .>:.� r, R' -:.:r. � „-y<�•-t1a"`r'eoavcY�,Dn?P�.,,,5`: - .r�� '� Sz' :i^,�:=.�.`'�ti Y+��efyy!' '�-'` ,,,D:�Petbi;aOtiit;tlic tP..,.•,.y_r _ ,.,s, �t' ,:i=e'�:�s:::;;,'t"i"-,.;-> =- r�+ -�,���`=`.- �,' _k`_'f.�0• r..43 j-.:iY" i:l'•:-'rs?:-;;LK•' v:(.: _'>',-+�-Y: �!-,xj^- ___ __u'4�•., 'C^ `i::;y]fk'�ti: -b: "��s'oF=isyoP. _p`si•.ty;..:�'s�_..r.�YF,r :zy: s � i ;:.�xyp�a"8S8:ath''.��`� :n11oz1atL��B�?. ,t�;•'" _ _ ,_,_»z-' -..,s .,ice-a ;�'. :� - � :'r�,`-•�" _ - _ _ �-J..�- :e:;:`.= ;:�.'.--• T'�r'`"�-4�:�ai���'"7i- ti.`..4, --zya,, :'}•- :a:.:z= �;:, ... -.,,j,...a�, �d4ap.^15o PmPa?'� r,:.�••n�i,•:'�_�.:, ab -'� '�ini� �v�rakes`:�;o°g'�t�.;tonlfGr[s,P.?.?«?-.e-�+•,'O•Fc°�= ,•;a,.::�. _ r• � yr,, f•��'- PparE:ove'F``:ad•7o ..�'�p_,S�!? .; _ �tom::• - _ .4..;��' Sht�Y•: ..F• J'9 � ,so .e'1... ''t�f :.il'� ,.t:~ ':�i -.:•4,}',. !,-'-�4i�, .;J.P:Tyr 'G-' _ _ `:.._-,'+"•e...:4y.:iC.r `:..�j:�:K act=•. ,?':�•Y`�- _ �:$dEpTd,�66 h�� .EIId�_,;3.. :4" •^.�a :,+. -;r. :,s:_ ti'de.:-o; k's_lsds:`000Vay6diby,__-,_ �.,•��-�•- .?;.L=: '� 37� Y„G •�-: _ ..:<i'Bu `"enQ��,laCc*iS4d;�o���==�:�-: .D.-=-�,.,.e=:�.u-.-:.:,, :+�:> - s.z«•�.. :,;,� - :r, *' '.:r.:. _ - �+•`C`<��'- -'E.34�-YtlCOrdOd%ln SaffO = *e..f �o"Oai•i`'a�Diactafn'ead�stifo..; Y ;.,;;;-;-_";•.�:Gv�,= '�=.} � :. o C •d.'-.a:- -va,. _ ,r_. ^_:s,u-...Zir>: :x�^'::;-x". _„t ..cs;.: i�`� - `.1 tYi'r'1 fl4, "s r'� `oi�t a:-'OS`Cieo'in�llbis'11 •�-.�- ,:rr,'s=;.• _�s, .��y�'•t`>.. •.:�cSc_:r_ �.,* •� w�j, •'f••' '1 f Y�y' 4 i - n- •,r; " Jv _�•'v - '"tie'= `T?? +y 'ir�J: i�t� •3„fa:a+ C r5 �.+?e("� .r..- y... - �t J (�� :��s.,•.�`iygf,�,�'P'�.Y•��,. !a,�7a'�t��:f,C�:�S!K�^ -�,r raow.s`t�.' Y,+Yhk'''" }•:1 h',f`d`�s.f�rja,i�'�',r:..n*�PcT� Y-_' if�"S;-Y`no:��,s..�YY.y4ie�.'„:.�ti.Y.'r•G's.�,1[_.�`s$'��'''�;:}t''k-'i��'''�a"f-,'.;a=b'!J�'��^Yre,,';^•.T^4lK,^ l7;xg ,fIola, ,;�Fc�-.,+,'.C-s�'.f='i'.f•'. •y")`?�}¢y' �s �"•� '-.,y''*]i 7�'_.�.,y 1`: +•tJ•: >a .,.Y� s;:� -� Y .x�`i :+ti t ^' z, r-:n�• tcs'r'f,t`y'`�" S'a'L-'4�',,w_�:e y3X„.nti;�',. .MS i';f�17'D,•t�-i',`�. y �YF� "i4I .` cSa„j`' P''l- +'4•P:,:,<•' -LJ:v v.^ Y 't'��•. W:i. 1� S +t,' �.t�`'�_-`''. 'tl;7[t {.:4y�'.. �• tt•tr:C7':=''x���'}: ,�1{''a w.' 4.� �:,,,�."�}b,yr�r�, r t. 6 , 7 ;fi � �.. r+ 9'•'.G' y,-V.tt-.. aay �ldC,„. Y+„• •�` 4. �+-4.�'"• is "�Yn }r ai �.`�7 S�.•, ,l .-.'�w•' ��'y[^, G yJs�+"��e,7' w°t "t, �S .�,••tr N,4 L,�,•.'} �:�`. .,,, 7 jY..,•�'�-erj ,.J,7;!.,Y\b•%"Z2+�r:': "k: _ 1 �" `•'-`•?��Me^..�:�ic4�J..:� -r��.'}r.t_�;f:.�Lt'f.+"X+�•� �,•_x,AI�:JL(p�:�i°',.''�A•�,.. 4f' _ ___ __ _ _ _ _'__ A - _ __ , ,�• :��+� "•'.'p`. _:6 ��;,>�,r�`�,-],':l+:rt:n:-}��-,�'E'�:ix;.9:�•�; '�3 ^Re,.,.;5-SRF>:"�"'`„' r t -�...� •?, WEN-y- AW-bS; �id:,..snyr' :t-"Y= saF%: '^S-': .�i'`e• .• < ls' ""' i yryy�.'� . ~E�7 -,'��y��`�f.'1'..>"�i, t` pr, lY'> 4••�Y,t�•3% °�� '9'�.�.�.�,�I�'�P°��r.�S.'e-r•�J!'•+C �.k .s��,S^"„¢1"r�f d.^, c� , . K °3' ��iP'-` .� . ,�G<.. T.�K•"'3�,�i.�:FSi,,�'xL-, - '.Py,.y .. !•J;S;S'' •ct5t'c ,' �>«�' �,�"•'ti a'`U�+Ci4(•�,.^'insti .,,J_. ?:�.t a �Z�"%[ � �r-�� l}'� ,.� -�,. a, �•. �>c �i.�YT•". ti.r�'C� IL - `tr __' '� ,.....;•:-:-:i=y^•:'•""•�4 -.y�y�i�•..9s'T� �-!.`,.,.`,N'Pa nis. � '°tt. ;.'-.•--.'.� _Y^.F. 't F...-_:;.t t,:;-`:•`"�"'A�'.':i"ti!Lua,'.',. .�.::. z'!_'•'�T •"'.T.� .bc t' ..,r' 3. q!� o-_.•-,nf,. ,ti�:'r„ C =`�,=:3;*c'.C'':ti'd e:�i'G3'z,;s^'-'��k.��rs��.�n �;��.`.?S%`,<'d,i'1.1s.:.,3�,1,apF M?Z�y t',s')�s:`>T?` :-.C� �7•ai��� � itr[: ,� ,5•..J :ip:.. .: n tK. 1:4-.•Y- ^,fY �>_] '+S �Y•`"-3-` - ^:f F' �'"a'a' e= `'"�','i�'e3 tea`-�'''t.'p..•„'�. =tF:�x�.^,�'"r•G';,1: =s=•Vt•?''"'G'':-''"r• .,.+. ,r`,.-.E:f,h� •s�.�:�.> ,�,'...[i:`;.r 3tF-• >,r,8�t. _:Vw¢= .r1:''1'i �_ i:efae',•,��» '_�yr -'`'.,:d.'i' .• e:':%;'y.F'§r?.s,.'•:?;`:.'�irl:..ti-...:., 5:.,•�.'^-t'--.•:...�...-.' c� .w,,,..,�`-^-^.-+•w••a�:y i �.r}.,, k. 1l. .ar,::S:>_,f i•. ,.4✓ �lr• 'n::.r-...�_:,:y,:5'^ ::5>:i%�i��'�' '`'`�•F'r: 3.•1. >j` "`54''. '•c.�.,S. y T.g i:';.�:_�'�:.5`:i'-c_.3,..".: ,��•*-:. L".�,,q_;'� y,;_;, .ya.•.W •�.;, k,''y �':'�3'� S. 4.�/�+�. S. d s,P`w., '•s ?Lu4 _ "':�c :a� :�•'i'�-'r�: 'r:';.;, "3 `rt':y����.r%<?<�rF;.,ry'S�. ,�1'i.;�L.'� ^`'C! •��•y r. ,.�� �,t_•,(+' r ',� ,1+:' t..,xy,�•': _ i?o�d.: :'"1;y;� %n,a;yf:r,+h'.'.•;cs yam-y r,C"-�,,.'3r r`.4_.�.4`.ni`;`.ys,.r,ir. .rZ':'•.%y,•:.�„ 1:s'^ CJ0 '1" *± "` "':9'[•,j :,yH�;':" ,�...y},h C4°n..:,t�:<:T�1S�.�!:i', a!� ;�.�+,tt"r �•�;; tN', s,•`-�-'.. � �� �+ ,y .,--a '2�_ :-y. �-: ',��, "�iSa' iw�'":;w vi -•' `;`�.: •tiaa- „y ,.s;, r,F'r%'.'�,� fa P5]�•i(1tbfS�dCt ..�l�:j'� o�.� ":£,.::�,. � =�• } _..;� �y;,tfs ,r�;c»h-�`.''��t t2+fi.1A,���!a�'i�`e�k� 2 �4s:.:s•s SSr�.;d;°`o,.�.. �i".4 �i= *„'-'fir;:« '�iS! ?*2F�'r'i��4,',�,., t•_ r. i;;ti; •.•a< z=C;..�,. 'Y-,�,<^.t'�, T.-K�,`�?` ,N :toll' a .�' 4,•. _vf'..i .f .� r� 4 s �'a: .i�F•.t `�"r.•1..,,�;,'•,tij-'�-'-a_�'S`��,, "� ,,;•,�Wit^, s.:d�v;fli�,E`„`g+ _ ,�F� ::,:'�q'.0 `}_�'�. '..r-_�,.r�.•.,�i.-_'�:��fi r:%;. •a•'F.Y�,-v.' -:°F,±.;,4 `�r :^i_-Ph,e'.. 'E�. _ ' 'i r'y:;":,`-F4,, '�"s,,. fly �Y =n� �•-r�-�.'-�ttt:, i`q� ~c 's'* .'t",=,�4'` ;:,,,,�`r,' 4:::t:.-';r, I,r,t�.t:..�=.,-:,n..t.s�:�;,_..y,;��;?-'•�. •r`~` - it'^�''' -,Y*' r•'�.a:i� �T'9"rv:•'•-�.sp`^:7:.niW,:i"j^-ql�.:2x,11. ?SC 31_i• `}+:„.e1"..,&�<i��,>`Gz+.+„S:R"•j"'.�1�'•:'pY).,23�;;.:K-.',��.r.�?E..fi`�.-',:✓��'+"`2S;�P�"•c�'`y S:�t,-{F�iY-?:i S,3.s�'"it�cf.,,?L,.::.5.;:-t,��.'A4�.i^1 tF='r:Y}i eL''>.:-i1.',;'S•�F4�A•:'"7I^ui.d e,1�:�r,yi-=er'.L 3-��:-•trK:_d<tXr�ri;-='u''ai,,n';""::.r��-...'r as"Y'r`9 y:a{r'•:�f`,'.ky a?VI" ..T\,.�.•4�:F;a^ti:`.=•_�`,5/,:%',':�,�::r4'��::bJa;."�:r�:,iFT„rF'`�'.�.;-;y.`';•>`^.;;_n ro4:";.,T'�ti+�..'Ly:;,:s>r�L�-�,'4Y.r�:r:i•r,'�:-�:�'Z-:t,v,�'.-�n.`:_xd.:Y'?FB.-a-...-r':=,?r z:,ra�:c,',;E..<•�.:•-:%Y ti�F,�;}.�ti�`;:;;rx°.,,`.�11:::.,`•',.�,�.y1-_.rt`••y._.s;.-:a:.%•t sa�::rr�.r1•'T:T:3d..:y•�:;:y���.•�,:`'•.;'r^::,;`,.�•>o��Y:"i_a.?,k;`u.,r`•rr.>.�-_`:,r�,..rtJ�'`-.G./Y�a g�r���-'.1Gx'y,�'_-..i;ut^•:'�:�.'r.f,-��a��,��4�.��:�''.a--lxirda'1 -,•%«j .7 5v' ':L' -si:1"it;�r •�e•.s,� u3 _.a... - + .>v-�'4_s rJs ..•,. •�y r...;�__J_U'y, S'i:µi==i�'��{',:w'a_'r�-r t: ! --a� a;l+.-1,. - %...?-nT'a:.d.c%:L,.C'r., ,'_;1'::±^.'tr•.:_K,, 'v:.:i;;+'=?%t::fr+:;-.: '�i�,r;�:_:3;. _;�S S,�1 -_ „y:.°,-'^''���-'<'-:�:��', -,� . ., r'•"k�-.=•Y�., +;•'' r-�5.,- - :%i>: .mot^,:s-�s -•:�: - ••:?;,• �j +• su� �, .'_'��- _ -J r,'��>�Vw. .;,=�"s t•'vs,;a ,� ,.ti:Kr•'-.Y: - •.,?�.D..,�a?�-~U.'"' �i'�::4?�;, t?�=1,.;�,ii`x„�5'•:'•$;>'�1..::._'e '3.�r. v:L'''lli, :-X�: .•rq+-,:�•r -7i'i<�•�.sf-'{.,�'S - y,:p.g,,v.,r.y::��`�:P::-:::.�.. ..�'r+,�l tt r;,-::k^ :�3.��c;..C.. �i.t.'r,+., ,�, ."'I,r,1ai �F>w ::fit �`„ .f: n.l r:�i'c..� wC•:.t:,.:•• •'L_ �•:f• �"-�, `n- Y_.�� ,.�.y_:.4 xW,'� -x•,y �r: �• ._-r't.'.: �-i�k.�+�5,,.-.`'.f`a: ♦:, i.X��. .l>. . :` _cc'.::_.., v.>,:_ ` > ty;';�'�, �},,A -?" j? 1 -�� arr:; i7:c' «4;,n:}`;i;•S..:-'S, •t( _1•-L!i':_ _ 14.:i-i",Si�4�•••':•::,-ir.4>"�.�_�•`� '"i.S°'� - ^'C - c r .mr oxis�-." .X .?••-��.•a.: _ '"f"•';�s•• �' g , � :.f,�t,�t.:u'"'i:-'•, 'a7't'_`'^� ^'",.' �+�. :a' :i+ :v_,�'r-G;.:- ..,.5>«h;.: ..:�^,rCi�`-4�'t"� >�. .-1..'>';k`�'.:'' §yF_x.,•- ���,.;';�'t• '✓`.c= ,,.r a.�,� � r„f:uh ::-ai ..;:$•ti,=:r,:;�, tir;£f?.;��:-o- 'uik:fi:-._>_}ti<?•,�..�.tL'�'�. -�':. ',�}� ..�,rs",r ..,'``".,,}, r�,�_S•L •;��.Crn�+;;4."t�%'-:,_,;t�:•1�,:.y'I»:�=��:��::Y -:_.. s'" a .ad c'�tzi".'�'nt�fa.Feit..�T "''i' �:. .a*x`;1;.. ..�5::�•m .,,--�-w= �y'�,, �• `''�•-.-•HO D tze:�D,.«�;�es�a;�k••:,:, .>^-,::a ... _ f,. y;t. 'r�_. i t-:;5;^�^:�J+'<-t':�A,--,"-' ` �J• :u;t_.!.°., F "a,�'.,iv�1.� vd:a'9:3�S' , * .� .�•i °:�,r;a.�X _y xt..'� "w�.�..«:''3ti'3:ir.,.. ti_�.�• -•i7�_?•.,-:._," t�;2"•_i' �:_},-.',y-`-':.-' ,fit,' i''� � `-`5'*. .eY`:Si,�? _aY.�^ '?.:f-1`+. -�C•�,.;;:. - _ °itti�•i?:v z'_ _ �Y;�y1:9«' 1,'•+r�•,c--L; >1+".1FN, :iF-mil ,.3`; e + .'+ '-- .>e.-i':'�` ,? .7!:,,' �'. ,t.R :iG:i.<%T•i7.-:: .' r ,�-=*"•;^Ss•t3<.; :'. < '<'s:a.,,:,," �t.,y �'.'«?'' "_;,. f•t� Mr,, k'.-,-'t',�i4..•w';n yi,,,- k37 ,: ,.�,+•", w;i,,:' z z e;t�{r '�4' is :,. a:"°•-. i:ryr.�.i;,;•;,- .;:�"�jl,-' 1^ t••�:i• .+..1`.:"E-i:' -�' LDS'+ r'$ '•,k� 4 •..=�r ,:�>xJ'tr t -.i:,�til:;' •� :x,�.r +�_4 ti<:•. ,^':2 ,•^.:. .. yn�-+ '"-,;,•' c::f:;;rho;" p ":sa �' �� '� �p ri r'•�`s,�--�:�jf,• •�Y.�:';•:��_ 1'- tl,� � 'ti^'r`ur{3*--iE';'S..Pa`�= ::?;r �k� >��' +�,4t f 9 3 „+.,,-,`-�> :�'K.d1.,5..+f,n..u�;•a-`-t YlrS':��;��•li`�ew•:; 7i. •tZ x'>',:-�4. ice'•..>- >[ r .r[c' �, .v,/y ..¢ rXr. ,.,',E',�i�-.,,,,jfyrr?5;•� y�:p~' 3 ems { ;:� ©% m :^yA y4iM .'ti 4:• '!-' n�,. , ,v'�4a �4"-'!-#-+'r,�;, r.G:,�•a,.r' ;`�: .pn:�.;}c'yy'>.?•,;;:^=}•4.r,• 'y_„` -nab.. J :� ,.^,�,d�;sV..t^•,. gf; J .t ;ix; ._ T :<";i•a'•:a:• :i.r�':.:t14:u?.,"•:aa:•r.T'.:2s`,1v.-.."tz'`: .�'Ly�;.-r>�',t�� _::th ..,rr• ,- y > k ..C'.x_s ° �•S�-�''r.~.`F.-_=�''.•` tir}�.,u','�;%.ci'a 3r•a.+^ � ,�• •7 %s_T-.r�'>r:c',�'._-+,,,ti a..- .:,ram,-_,, .fin eF y 'u" �' �„ -.21:�--.:i S- 'i f1• ...9'+4'^ zi: .Fq, 4•_- g'' t:>; .1::,.�-..,; :am . '.,y,.. Y" # x3. F � .£v5•-s `= -"Pr,.'t,.•.'C.'l-v t;..'r :.;7` =t;. -h`."._ +c- a Y , _y..+f�: r`b-''I, ? t�:.'--s.•,'>.,s''.-R° T"`x Y�!'"^ .:.y lam, ., ��. �. }�1y d., %�r.. �.•f•, .,-a�4:y=:c�:^:'-�'::�^ 4 T'ii�:.>"��F,�;S �'r''';tir Y:rL'�:eC'•'L Via$:,, 1�,:"i?,,i�„Ytr`-'�'�.. 'd ' '�y -'6'•. �='�c�^�e � �. ._y-c .��.�,,.s��=':�' a.., :•r%,,��3::^ram._°_:.•h�, `k' .. �,. .�•"'••rr�. z: .t,���,�,., ..�-_y�•;���':y° %`s, ,a�u»'S.i'''>.r.�..•.++?.:r`r. ..yr-:; o;!u w•"rr-'•' =-e='pp,.ac,• 'cc=;s.>. n�?,;.� ,,,•g:�.- T--::''J�`„'- •_3• ,�i y� .V��� ,�G�.z,�.,•rr/��.wy�'?i�S:r- l i. �'"• G 1.::•.;:..,��_ tr '�.3,.-.:.t •,�., y,y� �,a,;.i:'..-i�. �}>.._. -sMt;'^:n,..kc. 'k::^y. - �r:�S'..z�+=. s,,�?; ^:kt F' ".. ^'-y-?,• 'tl-i.an;. w•ir• s.�'S'y}.._ ",3?" .sc,+ ''-a'✓r-'g -i1. = is;:r":`- _ _ -_FC�'-r- �c j -� �; .s-' "'::;,.t.=•, '__. ,,,,:•; :.k.r:r,,'�•.:::.:' ., '-Tr. y�•`r-- .':•a=.i(.TX:e,S.. .: -'?.+.a,,.• 0.•a.I�LrY x!'�•,?" -.f5 _ _� �, .ibr 1 -�,.a. `;;a` {ila-y •��. ,?i..:.'a'•.t':w'',,i -r a..a jr '31e f «t. .va.... a .u+1 f c- 1 c�. or '' r' a'c:";�i 'rii," �,:P�'•'••Cti,. .�YZ: ri.�-.'•�ix,�3i _ s5•��`'.:+. •-f'f. .K,a' A' L' F` <i,r'=i��. _^•.:�NF 7�._].,/„k,,- .`:. >:Y' }� }:-x•' ,rl.:LSG-�;:iy:•.�",'`5.;"^<tt°:£.! -r7L;.r.s:�,•.:'.5:��.t4�:r�F'L`'-".'`::,,3.c.;i''L:?`'='�, _�.'.-' t._';::.;Z- Y''3•.:•.C-. :P -rra'. 'M.''`j� i �+��^ ��".:r•%T v`<Z^�:t<:,':e^ ` -.rr v,.•.•,..f-a„,,,,`_•-•:__'eo::iC=•{�.,_^';�•i,.:,+�,.r r:�r�t•_y. ..i 3_?� :}^i zr _rrtX' ',t"i'-C:``f_,;7:r :+,y-t` `,4.za- c.�,.. .x' •,, 't' '�,y,<L ,l .,.3. a_ :�.,�,`y,,� •91, p'];"..� ,-ti;.`n;,'j''<;:Y�• 4r. '_.A., t:. .3f�i.•`,-'.-'`.-t" --��•.; ''.t Y�-m;�.'� 7U:�r"+�.� '� F:.., �t% �':...:x'<:� nk �; �.x:.--+`'x •! !::=�''d-:tc{:Y'Y<y°;t9v:?'�:^ F-v-„':✓_l:�? '17 ,-',a2YRSa.:d,:K:�:':?• .s'>_<x:�,. '-i�=:^Ei '� ?•�',.,F,y`... i'" ,,;��•,�iS -�^Er��i";ft>�a r�r�.-rs•:.'vi.-5e:t•a�.�^ ;'-'� ��5:x= - '`,l,- _` �•• �..C'r*: ,31:s1�=�1"'�-`�a�:c;'`=�'=Msi•��=!' "•- - •.ffii A, ^t t': -�'v; �-�a..- •�5:,.7r*.c..t-- r '•'yc�1 ~`�.- +i``-. w lt':••..'1.^:t •,Yi_'�';:fir....`; _ ;xr-- ..-,;ice'_ 4� •t ;,t-r. 't�:c- 'i•Y"iF:�'i:1+-`'�i, `?, :=��•�">x-d,'a'�r:r �;",.'1}:�:�::tir�„ '.3Jtr x` .>S"...:•�,;:?-5+�•.�r«'�%'E ,ti., t •r's_��:�-�.�? t�;r". a .4%�3•`i'xj•:' `r'"�-r,•.�P�"'� a.,'y'•i.^ ����'�:k '..r..°R` «r,+•�e"'�"�: „',:�' ��y. ;�z�e"��."';�"$. . >'is±��: u>'n'-;��` .x-3^'� _ �k•'>?z 4�ttnaE9 ���'o •"� ;��, «����.� b7 t � 's::�, r;e~•^u .r....,-:S•,s-'^. '�;ot:t hs...h �`__.j a�b1e�1K' r':.r��" ,�7c��_.,.,ae�-�.a•^v�•:�. +�._ t? �ryl�G,�? Y: �={�f� r �"'• ks, d-=`�;r''•', _ 0')'...�^ ,>� �e^-;'j�- ^A', �3Y!'`='-+\�'�r'.Y�T".,°Y.:"',v,sd;�T�R "��'-��,..5`:��'z y..�: -y�i;,.:.�„5,•,-��~--,. ,��'�.,reSY':.+�k-,y.�� nr.: sbo4t;'Ktittt4:e.{i�r.�t_... :'..�_::b•:. KT,';,�t r3i2'�'..'u-.-F-4..c•:.i .,..a4:ng .�;K...,y;._x,,,:= 1'`-�: :-,�-'4.•:f',�'Ft'{k`- -..;,v,.,3,� Y�',i' jv, 5rti .�.,�la'3"� '�: ,..ti,�=.�Pn�., ,° f-�,. ,• i:°'�"^ -v- �• ";� r ��wi.^ � T t{; ,"'�' �•ek�::�,s°�`�,� Y,,°-.4:ai?;v^.�'v�Y��te:.�ti,-'i t r r;5, •ih t•:� i� mob, ` :�•� Y..��T�, L•ylr�: 1•F�*C- -,C`� - '� '',y 4Gct�.: Y. !=�'.• ,i �y�r�� ^v '4{a• �'_�r`r�'�.�.�'r%L.,•'..�.w-_a =,�i":.�., s:..;:s;3-•:-+ ,c-�?zs.:_a.f.^� `}r- ,�:!:�:��.s,.-:,_:i., w.y. �iy f.J^-i.+,N �� u''�"'��tY,y' _��L�.i,'sY•�,.w^-i-. .r� � '�^._ P' `, _;CZ'�°,M,. s���,'�+�d`��.+'��,- -*§'i: - - :,+Ss'.-•5_;c3.�'':', _ u'Sr L,e;• S�Z.Cx� 4�'� ''F=":�':-`_-�_•-:c+'..,.-'•�,y.>`-k• yc'i-�;�::�=•r-�: r ' � 4k?""�. �:2t; .ti,>.r,t,�^w,��._ �1. •:�'� _i M� f=<;yyi+:5", t^.t fi§�a.b'S'tl'� i,.a'• .? 'r-� �i.. j- �•- .•,-. } U yf;�.� ��2L> .r.•�.1;�.C¢fi�y�{rr •rj,.y7,. -£+-'t.�,J�i%"' r.r•+r',.' ;j'. .;}S�.y,.I •,,�.'�'�... � y,y�._�,y^•..rs''�;r.�':;�:� -7 .�iAC}��` nya � a' '` � .'rs...t�iy;'r.•_'�''." r_:��rG q:'Ft:,s,,:.cY•K!' .,Ly ��� 1�� -�¢� !:k"Sr ��i!' .^c' r F;' :r' 42:•�p�''�''N]j`b _ .� _ �' •ti.-is•s "+i•,,{"yiM r7y.'C{�;::'"1. E>•r�:_.}•p•�C�C�G�� GJ%,tc '�~ 1 ��w.�,'•�S '$c% e+- n3� "-Y•. •/TwC`}�^�:. a'sy.,._r 2�ii-�4q.L 'E-.,� ••.•1 i,,,, � � „a_ ,���Y?�rfiC`�. ',�'. a 5. .�h "F^-? -cam- .Jy4�•..;.?Ri,• '4. .^ �^•c� x r •-ft 46:.' „':�S •,;,,. ,x- - Zr..rY'�-1.?:;.r,. *?;yr=•'^��fti_S"-5 k.-+Z f'('' ,;3',">.J...L_:'t.-"1�3i''i�'.^I:Y,a'2.de•";`_.';�:_r�"c" -�_r .J-"f ,Si::R': -,' :'i4 r %i�,"''..'�ii ri: =!>> ';:�+,tinR:..::..naa.:. -�� Zi 3]� •�� Y,.6.• `,�, '�Y:�tyi:�.? �T:"r2'1i•«'=y'•YY"$i�.�l.: .I'��?5r ^l -L cf^ _ ,♦ Z`?:. - ..:Y-`Yy ."y�t ':�``.:.L.w;.�5'��^a ~r,f�,'•.'�„?,-gs-k.,i C.r_°'��_;��:` - -::`7-:n'`� ,..<,, .L'.�:�;�i�,:�,. - � "t <' gy,9,�, .� 4'+' ,4y�.•. •: .„f,R,x-?.•, -,'••,'=ti' s.Y. -y�'T-+:^�J l,,b:, �'p:_,-'.j.�:�•..,r.::zr..,,i'.�:4: Y .� ,rj ,'S '""L 'st.� _yr�y`..!-.LY.... 't:s. f Yf'• _ �`•` r e �r; . a -"'-•t'7�;yYry,'i^.• •.pa- ;1 L' ��'��: ` � ,�57.+: ..v.:^`°•"�•' K -.'::7s..;t_,.�3... _•z=v5zri-=•`�=-c`:'F:'�:'Cl:••.Y`.-�'%=':-_;�z�:�':�"��"'y,ZL�z�r::�'6:�•i='1 :d'•;+��:�, .:1.,ur3��'..rv.::�A .i._�k's !M �I sx?j` n Gtr T•e.'E�.4 c,'i:`J?oi:,ka.;>:�+. i r e+ t4� v..,:1�, a_ :,M rE `-"'' _ .,ri�•S J�Fn•7;�1�.:'b' .:C - ��;+.>.�'S`-1 �;'•°�7��'.,�..'"•�.';,F..t'�"r .3•,:-' t� ..>.c�p="�:r' '' F��,- ?'.i_ '.?.,,�'�,'� $. „lam - :k�-. .�.i ...tip:' ,_, -F;i::i,::r: ri;;, �',n'�>'•�v.- .S-3 sr"'!'i..,.''Y C .,.�r� �ya?.n!�. -"�ri`?a,•d -.;:.fir"''�,a"--: _ _ �.c .-�- _., ✓.": -='""rr;:::t��._:'_r'.r'"`�''::�:� ;r� "s,•,'' Ti r•.r,rt §..lti;:"`:;:;=ti •r- 'v t...`' .Fz 4�.> s.:.tiSa ram% =�-.: :,:•'.,•:: _:�::{': :: ?�' .��•`-` .ra „�:'_ -1!<; _y,;r�r-�:"s •3�'.�•cs".'-'z•s. �.T--� - •"e".: '�!.t_ -�t•�>- •�;•_..-,-�r""s•,4;y`=-5 �:r�:.s '�s :'� .w°.xs r-r;�. !i,::�.- :�_x f'?�t;.'+:4'{`'fl.r+4:. •r.='v-`•'':h?;:;r:= =r:r,-=z+yt:'•:.-� - :5�,::2` _ems" F=.>':�''�'•�,'� -T-^ -s: ,.ar��" r�:. 'A;,�';:x•.v?: �:;1'f.'+': r d• •s�'-a�-�.�x,':��':r,-�•:::a t_.:.,:-'.e ::v,},:-r•:?',%i_S_•�.•+ry;,��`•we:-' �:.s�c -:= - _ .�,,:^ y �, ,rRc �S.s<�x c•cs. ��'- -•r 'P*-?e oy> ?t•._ „?`:"it::s.=a,.-�s`[,. ,i.,; }_; :, •tip�i�.•:S _`-'.r-`�:^'r','. '•, - .< `fir.. i ,�•�- ,.�x,> �$c of=�=:�c,.;ri• YV�ST';�=J. }�'_L=%�. �"'td'�'�•,. ,f ti�v':.5.��.:,:� t�_ '�c's ,,,,14 s• yi. +:�- , •`r+y(S Y' r �'3a��"-• y=4.1 . :-a-=:--zz_-,•`r,--- --f _�;'r.`,�...:i'Ji,:��-�,�i.i..�'4'I= ;_?i:n: �"� ��':"G,3s•;'•' -- h" xc_.,1','�.e �:Y,rsr'o�3Tti. .�✓4•={""�GiCa�B_��L:'_�l-.s: ;e: S. ft;•:> c _ . -yyr.,: wt, ..�.Y 'S,v +,4e.'Y,^_ - .Vi,m,,C� _ _x .__ 1:T�:• - .4i`•:1,.'-:'• ``:�' '3'. �'' :•p zi..>i •4„- ..5'$-'�3:�t,y'�`tv�f3 4;i'ti."�?:,.r�,sss:,' �;':+> �'tE:. r,,N3:.'��.:;=?-;:-,:.r_'•;�.�::` _ �c.T r. ��• `" � .d- 'hr^ j;`4 tc.Y^n';'Y/-:: -_-1!.,>r a•.i:. >�°iris ::S,+II`:�::...,.. ?Kc:.,.'.;�lo.taek�T?!.:;tr�` ,Ai^Lc^.. r.:s,.x�vi5�}s� ,.,a•r,�_,,s'.c�+:'._�_v->�t�c'x r'-^ ..f�3.'FII�Fa%- "t::,;:1"- -r:l::{.=- ,L.`-::�_.?t.i�.• 'i' :t'_ }. Y} �wµT ry ✓T��! 'Se:Z`�;v�49»^ rt•:��y ?i`�f^;: . ? i' r ._� ��.i icYseR2edFcd:� - .'fFd:.� i: -,< :'��'c`n'bc3�Sn;:.a"rd:;xtio?eicrai�ed:'.lbe:.ldctrtefc3-- - - - 'y�•^�x '= -- b'� r 34_ ".at�Ts�4°T: ;-�+"v - �•i+ t.£-:L�.: �tGl' ti'i t3¢¢S�•r,_-r�.F c.,- .,:y:.r r eY:�i'•^._`•'�::#: V"Y.r Fr" -i?.•, '�•�:. .a=w`.� �, 7_.,'�,is:� `:;fir.-� •,•�*",,, _-t�: '�•.,.>,-,�-w: g-�..� ,-.:.,z;�r:�;:�'' - _ ,r:^a�-r";"='�^-''.';'t .:� �:. .�- ,"E.'-^�F;'rrn..i' i�,r,-^r i*�'`DcE=s�?J:f'i:�e�'.ed�sees,yr..^;r�:r.E_ - ,.�, ^:a -4:r"-� -:c-:•< ' ^3 :�-�• `,, .4 ,,',',t1.. ��:'2 1:''-A�-`• 't'-ip - -i!-..''tlF::�^"3' _ ..^J '•C 'S' .:l a• '��•'>wf:.`- -:i3,r '�^:'4t Y�✓4�„i'�'-��4 - ,�:tt. 4;:�-�'7'I�..��` Mk ,"�S�ivl i�`�,�-,' a=G'�'i*`.•.,f-"G;-.` '- :'••'.;�}a�r•�i-:ar-e.r_,�-•- -y;`-� - - =�:'-^':,� •^.:ti ,-% t��+ .�.•+ 4 .{y. ,�er,'ik`.;pa? :w ...y., ;,,�.•'3` - t`v'tt,'s?::s:'< :.;pc `r-f=i°,.;,,- -,.aj s - .4 -n.•, 5 - - ^`'-3- @7i.:?,:��+'E`- =Pu2i110_'�:9u t'S`;`�Co:.>ti _ .-•, ftti'V..a:rf.5'+=Ai�'=- �rIN,CA• _?,:-:.. - - i4?.'::�• - - =t:-• ,ya��: ,y `mac F:��' :�r-' �'ic-'.•'��';�;. Wi`t�: .4 stir: d,�;::o ;�=.�.•::_:f. <_..,_?!'1':'_''-S::�:.,;j ,.�°Av�•. .-! �R PCB �~��'_ -/.w u-.� - �J.r ...gym F'F�"\i:L,.K t r,- ,-.,-r` .�' ,."m'' ,a -_mot. _(y� .s-jt: •}e�-'::; _ -'�J� `l���'::*'G=:� :'a,;,•,;:'3�::- ..Y:r.:r»•r-:_:�: ,..d - - d ��"r �.t 5.+.'„ ,,.::=�ste %•f,-l•.•.•'ti'°;,�.'r�'.i':'8 r:t1},ia.t�'r_` _ _ :.>, - � ,�.. •!'+s,., ;...fir ....y$ �,.w:i�:'.k r.: «. (}{�t1M� -7c:?:' '=7:..;: :'�f;{,r.'::4 _ �rc��-«r-�-� - - `fµ�, � '�'�,• s�� -�x gr:�-s> ._£ �.r!???sY r,-':5% - - - •���� :._..,. nteeteegbcndedr, - ���.�,,. z. `� .�;;c��r_;?fc -�:�� coaa� -���,;,rti �i': z,,:�;-� '�;�.R�• ��':-;'e'.-" -__ :t-•_ - '�-r2 {• h.'�•�`J 5,.�.�•'-' e4��T' 'L: .:,U. - :4.� '�C'�:,f�"i.�O�Tr+�,�l �'-' - :.f'��.-' ;'% '� i.."l- .-=u •a-, =.F,••i'= - �� _ - `:!:!:'.icy:•:-{':,:,.i•i.u,.,'..r' - >.<.:,__.%,=., ^.`. s,,..e.....:x ,�7,. •a+. .er.`, ._r'>:=..'u� btSore'ci?c£� �c.:-.:.::_.�: ,,;Y3,.'` ••U�._ Yrw .;T!:: •s,`. ryi:`-3:� _ _ ;rir,__r_, _ _ _ _ t.lfitalt: t0 •j'#+> '7+ v'� /.` -°]r�.K �•".'E�`�y �'f t�c•forego nY.,_.. _ .t, v-•a: - _tc '''`af;. Ci,`? I:i •LIiG a ,tiiStl�it`8, - `�qs F�{!t� •-.- ties:-:�;x .,.E. ,~�;'€a .#t `,�.� _ .i•••,�r•_ ..2, '���,d" ;,'?E.Y`'E:• -did'd `• ...J.._._.,�•...�,. �` '`�:,r c�'''�..t.: .,r .:t'''":' �e.dal ',sw'ora: � _ ,�w.. „fir.,{, ��.��:, yYPx'Ne' tr:3.r., t 'ab.f""beiaQ,.•bi' .T, - •:;r'� - '••:q ,'vr•L '-'�'/:�';4+�•",T+• `k.>,i',...*: ya2 4.. _y'�''` ilp:,.s°7tuTSLld!}„-�?.-': _ - ;�..:;- .;yi - ;-i':•:` ,� ,.xg�" .�`.� 1- ,•1.yFhP,a T. Pets?o ,r.�..F:,_ ':ti� _ rF' �. - o .a. ao- S+ •k:r i••i .l. .xJ•':'S. �a- ^I Y.t is �'•[+:`' .L a� :� �`• ;.,: .S'' 'e�'-T=� - -': `dtihl'i��da2n-bLd 1 tr_ _ - r.- ?-Fs.-,• _,tht_�•.m�l? I�s`.�::_ ,t:i�bE eisc�todist ry.� - Y.L - 4rS,. =,`••i.,: - �i;,+^,.. - -_cit' �otS'Preset e ,_.< en. ,t �..�• 'a ?�rL^. - - :J:,`?L'L�.;% - - - �uDitii(:i3.° •.essi a.-. �L-.,nx- - = �•,.�f^�:-* r'-..�`.i•' _ - tG eF 4:•_ > S_"' i. S h '.N r-Y ? !•%r= s`,"`'''a ,�;;�;°`3`;'tn�c"''r'"�3'y''S��l:a:-`.iGL•o..�iec��d'�': �'/cte3oTa'��Taa_ru .-•. :.'•.M y . 'jtti�'-r�"'•r"'�,q.`•,,'�,.�w `�`.�,��h",,c�-';•r1Fi,u '> :- �� c4!:t'_•�k ,'j �'�k.^�..,•��x1�'? �x4.-�•:>-.��Ty- y'a f b � < . 1 Er„tSz r.z 2 ( �'' -_-�Ma,a E a ivy d J s},�rR".•• f>" .;'. WSyrt•,�E 1 r ..:• '�' ,Y. r ,.6, �'j.'yeatF"',+ +•:•; 'ys,r...F..rr•xxff""``x +''!i 'may Y '^ �� 't�l y'i, •r i� •,. ,' ., „' &"9t x•�?'a,r. i i•- +�i.9t`C_'Cx i'.�xy�p +,`- '•ti' n` ' -i'" �t'Gj•�',{�' {�',j{,' .+. � �,,' tat4--°. .:, " ,'•. `' �i.r'*,`j"„ `: £'E- :j•t�_ ,tn n � -;'�z:3rR. :' F:. L�� t'i§•G,r- 'S`' 7 �~ j'-�'' '�°!x �' C- •�• F-•tn `�<sz$ �"a` :':`hvsv, 1`' a'' :�'s� :�,. ;FrF.:'Cx-�-l:.i;•.t >..r;;'�a% n.t� � r'2 Yam,'shy'�`}•;v`4'�'�.•:/'•,��*�,•i"'�'�-`.,r';�` *'�+�...��•'���,,, •�`ti�.=%>�j�-y� ����r '77:,, t` �,. �+n�. �• .y �-.,,3, � lt. � .r.: . :.A.y�, •• .J- apt �� y_- ».' `4`'�� c )..'ii.i-(<.�""bi�iY� r �• r ti-2,i Fl:TX -Y Y', Y.N+Y`,t k� �' i�,_' r�.� YS3 +5�. � �.. M!'�M �,.c"I «:,..r f F .A•�;..-hW>�, A'(J"'i ■ is,•: M! Ft.. �.q 1s ri• i„� -�:,hw r"=:c�' �•m2F:1�'�:•�ttia'i "'..+i �' y�xy��'`Q � rr' +'�-' ';t� _Z"".� _"s`Y9.�.,elk^ri�g''�.:i�i.�:.`•��:�A'`•^•s:�':� �tt. r;�.y+..-. "r-3..•�.'.<z;�,«"�`i ,:tr~•z�tYr1._„-�e�:. � .v..;t�--vY:it` u''� -�---- - - - - /-11677 Pq 27 - -- CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS 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, residing at 875 School Houst $840.00 Road, Cutchogue, New York 11935, both Individually and Sq essor Co- as'administratogto-ntkof 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 LOT SECTION BLOCKf p{STp1CT � patty of the second rt1 ' �� WITNESSETH,that whereas letters'of administration were ksued to thparj�fithe f st part by the Surrogate's Court Suffolk County,New York on ugust an���virtue July 18, �Q91 of the power and authority given by Article 11 of the Estates, Powers and Trusts Law- an to consideration of TWO HUNDRED TEN THOUSAND and 001100-------------------------------- ---------------------($210,000.00)-,-----------------------------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 beingkxdsa at Laurel, Town of Southold, County of Suffolk and State of New York, being bounded' and described on Schedule A which is attached hereto. i RECORDED MAY 18 1994 QM W SUFF-OLK OOOUNO.. ... 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 37" 34' 20" East 263.31 feet to a concrete monument; (2) North 61" 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 74.0.64 feet to the land now or formerly of T. Diachun; thence South 60' 01' 20" West along the land now or formerly of T. 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 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' 54' 30" West along the said Easterly line of Lot Number 8 and the Easterly side of a irecharge 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 44" 34' 10" West along the said Easterly side of Lot 15 and the Easterly side of a "Park and Recreation Area" as s:hown• on the said "Map of Golden View Estates" 213.35 feet to a concrete monument and the Southeasterly side of said "Park and Recreation Area"; thence North 30 '29' 10" East along the said Southeasterly side of the said "Park and Recreation Area" 356.56 feet to a concrete monument and the land now or formerly of K. Leeds; thence North 340 09' 50" West along the land now or formerly of K. Leeds 424.26 feet to the land of the Long Island Railroad Company and the Northwesterly corner of the premises described herein; thence North 46" 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 20" 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 ��� �IV ,: land now or formerly of McCarthy 205.04 feet to the Easterly side of land now or formerly of McCarCh� 'and the Westerly line of land now or formerly of Sawicki; thence South 20° 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 46° 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 along the arc of said curve bearing to the right, being subtended by a chord bearing South 260 58' 50" West a chord length of 23.69 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 formerly of Rasweiler and the Easterly side of land now or formerly of Diachun; thence North 37° 34' 20" West along the said land now or formerly of Rasweiler and land now or formerly of Diachun 8.04 feet to the Southerly line of land of the Long Island Railroad Company; thence North 46° 43' 10" East along the said land of the Long Island Railroad Company 428.12 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 chord bearing North 13° 12' 50" East a chord length of 29.89 feet; said curve having a radius of 27.07 ;feet, a length of 31.66 feet; thence North 200 17' 30" West through the lands of the Long Island Railroad Company and now or formerly of McCarthy 746.05 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 •br 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 formerly of Qualls 108.0 feet to the Southerly side of Main (State) Road; thence North 47° 23' 00" East along the Southerly side of Main (State) Road 12.97 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed by deed dated April 11, 1935 and recorded in the Suffolk County Clerk's Office on April 12, 1935 in Liber 1808 Page 216. RECORDED MAY 18 1994 C"OFSU� 7Y. .. OP New YOK"wy OR oUlf OLK w: vin OF No M%wpm of SurroM w t l tk'2Sth' 4 d April N 94 .kkne nit On the 26th dqr of April W 9i .bdma m. rally come ROSE DIACHUN Pottutully tuna ELEANOR DIACHUN Ms me 1n,wn ks k tho IisJlrkhoi tktcnbesf m and whs W aie Anwn W be the hdWWwl descrlhoJ W and w}a o"lard tk fitt"olty kming ato. wul nckromIr pJ dut etaeuW rho fitrtp+ityt Instrunaet, aM xkwWlt4w drl t 14 ho etttwted Ow mnw. Oh* twitio the tome. � E f otn c of y u a IltoIIARORWK ' �AM- ►t6b.tlYYllft IwYuM OanttisArwlM�W{1{.1 �rua�gvs r�i�• is i nior IItYI YOIut.OoJWY Or do: WAYS O/ktw VM.000M OF w tk doy of N .kkue I M tM ik sby d N .WAM in nuwlly cmic Pa—Hy Gassc h oa kismto,wht,klnj by ma duty twat.did*r*%t rand dw whn0tip whisco W the R%v"iW Wtruman. wkh Ihal k rctkkti w Aa. wt*m%t of Pettswally u%pliud,wht.WWI ly IN d* it it he u the "%tn.did JcMne+nl my thud hr rotnk,a rat No. s I dud la 1ik" .Wte earporotba de.crtlsnl t a wd which et %trl Ott falco tt Imttumem:spat he to be 0sr hwivw wl t M, the acid of add owpnWim; shot the scot ottiud j destraw to and wh, CU%VAd the Wrepaw/ marnornt: b vikl In.trutiscm 1% %wh otrpume real: ft 0 wU ws duI k. wml stihsctlhtnp whWb%, wu Pic.attt nd ten u Mod by mtr of thison d bond W dbtoomo of mid enrp tro. I cuvuro the omit:sod Ilia k.YMI wont", tI m.uW dust he"shad h aorta dsercto by hta ontet. to Wa um Writ tnistedbc4 Is nano u whnra Ikrri. nn--,, .•t l000 ,Abatnidetta/Pso�Irrb ttt'ttttK 0 No. I S' s"/ t{ tort Coaol 1 6,009 DIACMN w d FUSE DL'a MI csKKsrtut isry a 1% pl , .Rat,j Individually and Suomfor niiw aromas DA ■mtore of Fatxte Of olk/ 70 06.taH o ra It.p.t i DiMfU'OLO mod CJIAOLIta:8. t ntt:tut tax trtatat wt t Itsttt+,x1 .. 1ldfd*,O Mean A tW r awow taw IF ittw OK a"or TMA=1111At IIIIII DwAhwed by CARY h BRUNJES ESQ 138 WHALERS COVE • It f!""tom BABYLON NY 11702 I Page 6 of 6 b ��o� I IIIIIII{III 11111 IIIII IIIII llllf IIIII IIIII Illl!IIIf lfll I�1111 IIIII IIII!III I IlII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 12/14/2005 Number of Pages: 7 At: 02:24s53 PM Receipt Number : 05-0129763 TRANSFER TAX NUMBER: 05-19305 LIBER: D00012425 PAGE: 494 District: Sections Block: Lot: 2000 127.00 03.00 006.003 EXAMINED AND CHARGED AS FOLLOWS Deed Amounts $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $21.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHd $15.00 NO SA-CTY $5.00 NO EA-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 Comm.Pree $0.00 NO Fees Paid $161.00 TRANSFER TAX NUMBER: 05-19305 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Ramaine County Clerk, Suffolk County '- 1 2 1 ' Number of pages TORRENS RECORDED Serial# 2005 Doc 14 02:2408 PM Edward P.Romaina Certificate# CLERK OF SUFFOLK COlk11Y Prior ClL# tZ � L OD0012425 P 444 Deed.Mortgage Instrument Deed/Moortgaj-p 7iix Stamp —Maivagstamps 3 1 FEES Page/Filing Fee 7 - ; Mortgage Amt. _ I.Basic Tax _ Handling 5. 2.Additional Tax _ TP-584 Sub Total _ Notation Spec./A.csit. C or EA-5217(County) 7 Sub Total Spec./Add. / J TOT MTG.TAX EA-5217(State) Dual Town_ Dual County_ R.I'.T.S.A. �® Held for Appointment_ Transfer Tax _ Comm;of F.d. 5.-Q0 Mansion Tax Affidavit The property covered by this motgage is or will be Improved by a one or two Certified-Copy family dwelling only. YES or NO Reg.Copy Sub Total If NO,sec appropriate tax clause on Other `J Grand To wl Page# of this instrument. 4 District 1000 Scctiott 127.00 Block 03.00 Lot ,.! 5 I Communfly Preservation Fund Real OSOM708 1000 12700 0300 006003 Consideration Amount S . Property Tax ServiceQ CPF Tax Due S.Agency Improved Verification — Vacant Land 6 Satisfaction/Discharges/Rcfeuse List Property Owners Mailing Address TI) RECORD&RETURN TO: `! David S.Desmond,Esq. TD VAN NOSTRAND AND MARTIN 53 BROADWAY TD P.O.BOX 307 AMITYVILLE NY 11701 7 Title Company Information Co.Name Title# Z - S— 30yq 111 Suffolk County Recording & Endorsement Page This page forts part of the attached DEED male by: (SPECIFYTYPE OF INSTRUMENT) Nicalo Df Bartal r and Caroline DlBartnlo The premisis herein is situated in SUFFOLK COUNTY,NEW YORK. l i TO In the Township of _Southold Nicolo Dillartola and Caroline S DIRgrtolo In the VILLAGE or HAMLET of Laurel BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED 1N BLACK INK ONLY PRIOR TO RECORDING OR FILING. NY ons:aaRaie qd Sabneed with cmim nom ammwY Acts 6d1vidu21 mcueporwfoa(SiA&Sham(NYBTU SM21 CONSULT YOUR LAWYER BEFORE SIGNING THIS I16l7tMUNT-THIS MrRUMEM SHOUI.1)HE IMM BY LAWYERS O�Y Lto THIS INDENTURE,made the 8 day of November in the year 2004 BETWEEN Nicola DiBartolo and Caroline S.DlBartolo 475 Condor Court Laurel NY 11948 party of the first part.and wil t •':•r.: r..r.t,._ftma,7 Nicolo DlBartolo and Caroline S.DlBartalo 475 Condor Court Laurel NY 11949 party of the second part WITNESSETH,that life party of the fast part,inconsideration of Tcit Dollars and other valuable consideration paid by the ponyoflitescoondp.%doulterebygrantandreiraseuntothepartyofthesecondin",theheirxorsucc ors andassignsof the party of the second pact fotever. ALL thatcenain plot,piece or parcel of land.with the buildings and improvemrnts thetcon erected,situam lying and being in the 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 Diachun,dated 4C2SI94 and recorded SM194 in Llber• 11677 at Page 427. SUBJECT to covenant and restriction required by New York State Department of Environmental Conservation("NYSDEC")as set forth In Schedule"B"annexed hereto. PREMISES ALSO KNOWN AS 475 Condor Court,Laurel NY 11948. District: 1000 Section: 127.00 Block: 02.00 Lot: 006.001&006.002 TOGETHER with oil right tideand intermit,ifany.uf the pony of the rust pun of,in and to any unreels and roads abutting the above described premises to the center liras thereof;TOGETHER with the appurtenances and all the estate and righw of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the woad part.the heirs or succc sors and assigns of the party of the second pan forever. AND the party of the first part covenants that the party of dte first part has not done or suffered anything whereby the said premises have been inctunbered in any way whatever.except as aforesaid. AND the party of the Out pan,in compliance with Section 13 of the lien raw.covenants that the party of the first pan will roccivc the consideration forthis conveyance mA will hold the right to receive such consideration as a cost fund to be applied first for the purpose of paying the oast of the improvement and will apply The some first to the payment of the cost of the improvemeut before using any port of the total of the same for miy other purpose. The word"party"Mall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first pan has duly executed this deed the day and year first above written. IN PamENtx mr. ` aDIB o Oiie tr Qu.1 Caroline W DIBartolo AqO'k Schedule A Description ALL that certain plot,piece or parcel of land with the buildings and improvements then can 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 comer of the premises to be described herein,said point also being dividing line of the Northwesterly comer of the land now or formerly of Rasweiler,the Northeasterly comer of the premises to be described herein,and the land of the Lang island Railroad Company; RUNNING THENCE along the land now or formerly of Rasweiicr,the following four(4) courses and distances: 1. South 37 degrees 34 minutes 20 seconds Fast j63.3 feet tp a cone ide monument; 2. North 61 degrees 17 minutes 00 seconds Fast 95.05 text to a concrete monument; 3. South 29 degrees 19 minutes 40 seconds Fast 517.90 feet to a coney rte monument; 4. South 17 degrees 48 minutes 40 seconds East 740.64 fed to the land now or formczdy of T. Diachun; THENCE South 60 degrees 01 minute 20 seconds West along the land now or formerly of T. Diachun and the Northerly lot line of Lot 7 as shown on a certain map entitled,"Map ofGoldea View Estates;as filed in the Office of the Clerk of the County of Suffolk as Map Number 7770. 42016 fed to a concrete monument and the Easterly line of Lot Number 8 on the aforesaid map; THENCE North 31 degrees 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 Golden View i Estates"173.70 fat; THENCE North 12 degrees 30 minutes 30 seconds West still along the Easterly side ofsaid rc bargc basin 138.69 fed to a concrete monument; TI3ENCE North 63 degrees 58 minutes 20 seconds 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; i THENCE North 44 degrees 34 minutes 10 seconds West along the said Easterly side of Lot 15 and the Easterly side of a"Park and Rocsmtion Area"as shown on the said"Map of Golden TOGETHER with all right,title and interest of the party of the first part,in and to the land lying in the sired in front of and adjoining said premi.w. View Estates"213.35 feet to a concrete monument and the Southeasterly side of said"Park and Recreation Area; THENCE North 3 degrees 29 minutes 10 seconds East along the said Southeasterly side of the / 1 said`Park and Recreation Area"356.56 feet to a concrete monument and the land now or 1 formerly of K.Leeds; THENCE North 34 degrees 09 minutes 50 seconds West along the land now or formerly of K. Leeds 424.26 feet to the land of the Long Island Railroad Company and the Northeasterly corner of the premises described herein; 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 and 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 of Main Road marking the Northeasterly comer of the land now or formerly of Qualls and the Northwesterly comer of land now or formerly Sawicki;said monument also being 2,077 feet,more or less,Easterly from the Easterly side of Laurel Lanc; RUNNING THENCE South 20 degrees 17 minutes 30 seconds East,through the land now or formerly Qualls 112.72 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 McCarthy 205.04 feet to the Easterly side of land now or formerly of McCarthy and the Westerly line of land now or formerly of Sawicki; 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 fed to the Southerly line of land of the Long Island Railroad Company and the Northerly line of land now or formerly of Rasweilcr; THENCE South 46 degrees 43 minutes•l0 seconds West along the said land of the Long Island Railroad Company and land now or formerly of Raswc1ler 8.66 foct to the extreme Northerly end of an arc of a curve; THENCE Southerly,Southwesterly and Westerly along the are of said curve bearing to the right,being subtended by a chord bearing South 26 degrees 58 minutes 50 seconds West a chord length of 23.69 feet,said curve having a radius of 35.07 fat,a length of 24.17 feet; THENCE South 46 degrees 43 minutes 10 seconds West,through the Northerly side of land now or formerly of Rasweilcr 428.92 feet to the land now or formerly of Rasweiler and the Easterly side of land now or formcrly of Diachun; TOGETHER Kith all right,title and interest of the parry of the first part,in and to the land lying in the street in Stunt of and adjoining said premises. I SCHEDULE B i 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 of the owner of the property to obtain a current description of all regulated activities from the New York State Department of Environmental Conservation("NYSDEC")or its successor organization for the purpose of determining what is considered a regulated activity. Performance of any regulated activity will 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 of Raswciler and land now or formerly of Diachua 8.04 feet to the Southerly line of land of the Long Island Railroad Company, THENCE North 46 degrees 43 minutes 10 seconds Fast along the said land of the Long Island 6 Railroad Company 428.12 feet to the extreme Westerly end of an arc of a can c; THENCE Easterly,Northeasterly-and Northerly along the arc of said curve,bearing to the left, being subtended by a chord length of 29.89 feet;said curve having a radius of 27.07 feet,a length of 31.66 fat; THENCE,North 20 degrees 17 minutes 30 scc ands West through the lands of the Long Island Railroad Company and now or formerly of McCarthy 746.05 feet; THENCE South 69 degrees 42 minutes 20 seconds West still through the land now or formerly of McCarthy 2.0 feet; THENCE North 23 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 seconds West still through the land now or formerly of Qualls 108.0 feet to the Southerly side of Main(State)Road); THENCE North 47 degrees 23 minutes 00 seconds East along the Southerly side of Main(State) Road I297 feet to the point or place of BEGINNING. TOGETHER with all right,title and interest of the party of the first part,in and to the land lying in the street in front ofand adjoining said premises. I ..T. USTAOMMI WAff rFOR&fBEWwwmrrNNEWYi ATAINONci:• UssA=owiFJlrmwFORM—wxm►rNNRwYoRKS'rArEOMae State dNye/wTork.Cuuntyor Suffolk I issx StateotNewYorlyCountror on the F dt�y of November in the Iw Z004 On the day or in the year 2004 before me,the undestgrcd. ,,uli b6om mc,the undersigned.penanally arfeaied Nleolo DiBartolo and Cstrol�ne .Dfflartoio personally,known to we or paved to no on the buds of eatisf tctwy pee onatly known to me or proved to me on the base of sadsfactoty evidence m be the Wvid W(s)whore mme(sl b tare)st�baaibod to the evidence to be the individuals)whose name(c)is(am)sabwribod to the within insdument and mciuewled0d.to me that he/str/dt 9 executed within hwument and ockuawlcdged to me flat h dahliq executed the some in hisA afficir to wity(ieA), and drat by btsAKrdhdr de same in hWha*hcir eapoclty(ies): and that by WhOw their signaaae(s)on the iruttutoerd.the irdividualft or person upon sigaature(s)oa the Instrmnent the indivdual(s),or the peraxt uptm behalf of widcb do individuoKss))) executed the t behalf orwhich the individual(:)owed.executed the instrument. s DESMOND / ►�� N(YTAgy .W.5.Orate of Now Yank 1l No.020124M849 Oadified In Suffolk CounH Comm1wan Exons April f3.2�o+Q� AGm,a*zEE kmvrFawFoRUsaWWwvftwY Sr, 0 Acr.Nv ixmfpNrFoft1rFQRUsffovmagNEWYORRSrA=ONpxt w(NewrmASJueMVWimraAtbw-kd,, 10aafSkaeorFardgmG—r-rAebv-WxN-CNP-1 SlatcofNewYoric.Counlyof ...... ...............................isse IGwrptar Vexyd rfthStut4 GNatry.Prorimv twKkx W11yl On dte day of in the year On dietoy of in the year before me.the undersigned.PasoridlY aPi berm me,the undersigned,personally appeared the subscribing witness to rho fine�a is inxtrument,rath whom 1 ore personally acquainted,who.being by me duly swom.did depaw and p-11111ly known to the or proved to me on the brs(v of sari.ktcry say that hdgmthey resides)in evade-we to be the lodividuuk(s)whose aome(e)is(am}suh�ctibod tothe within Instrument and acknoale'". so me that bo/sktehhy aataed (ijthe place grrrtFdrmr:matey.fncludedirurr+r snvjnrunbrr. tln saw inW&U011 eir©pscdrtyy((ox).thatbyhWher/theirsip nasal (f any.therron;that beldwA rey know(s) on the Immanent.the indivklud(s),or the person upon behalfof which die I divldual(s)acted,executed theinstrument.and tbasudtiodlvidLW to be the lariividuol described in and who exet do foregoing made such oppwmace before the undersigned in the usctrument;dues said subscribing wiarees was present'md saw said execute the tame:and dust said witness at the I time sabacribed (/are►ttheeu}owodrerpaGafcalnJ�vis(aurandtheatweoranrmrryar kuslherhhar name(s)as a wimwa theneto. other place the aebmnr lr*menr rear mkenl BARGAIN a SAtt.Dr}9 wrtnr ouvrr�mrs Ace Ms7aR.nws— 7.a No. Dtsrmcr 1000 Sr•.cnom 127.00 NICOLO DI BARTOLO AND Bwcit 03.00 CAROLINE S.DI BARTOLO CLor OU 006.001&006.002 twvt'Y lRt TOWN TO NICOLO DI BARTOLO AND RWMtDFDArPXQUA3t'0F CAROLINE S.DI BARTOLO Fidelity Natiomd Tide Insurar ee Company of New York if RETUANRYMA11.70 FIDELITY NATIONAL.TITLE Dau DAVID S.DESMOND,ESQ. COMPANY OF NFw YOt2ic VAN NOSTRAND&MARTIN 53 BROADWAY-BOX 307 AMITYVILLE NY 11701 rawM,.x.a awwtw a..r... m i� u. 0 x S �i i w • PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS:http://www.crps.State.ny.us or PHONE(5181 473-7222 FOR COUNTY USE ONLY C1.SWIS Cod. I X7 L3 91.0 r 9I REAL PROPERTY TRANSFER REPORT STATE OF NEW YOBS CZ.Date Deed Recorded I X/ape • STATE BOARD OF MAL PWPMTY I ERVICEB C3.Boa II�oZ ,S�,�. StrA PageRP - 5217 ayl2ll ar.strr PROPERTY INFORMATION I ' 1•rfgmw l 475 1 Condor Court I � Lautten srasrtawen a rwa I Southold I Laurel 1 11948 1 I Wr aalvan atria z Br.rr 1 Di.Bartolo I Nicolo 1 N.ms uT.lwtarmre 1 DiBartolc 1 Caroline S. 1 twru nswr A Tax '"Sc ate o0mm future Tax BiU.am to be sent BnMV Smhrdtanbuyr edhcea W butsarnormm11 I I drses aer.serc! Ad 1 u err I n r 1 aT.Tr 1 '» l tedaate the manber of Aarsemard 1 .!. 1 ❑ ( dr O If Part of Parcel ChmA aspic they e Roll prcos trrtst.n.d on tba deed 1 of Parosts OR Part of a Partial K Plervdttg BwA with Strbdwblon AttMrityFdm .❑ R Deed ad S&&Asten/Vgmrdwas RoQ 1mc!far Trsader ❑ "'aPar`y `--N .r. r�x 1 ovtr I OR 1 /.O.d 1 a.Famd Apprawa Iar suedwWan.ah Map Prov ded ❑ sfa. 6.Solfer l DiBertAlo I Nicolo 1 Name ' , .nl t . I Di,Bartolo I Caroline S. Wr rawttrmawcyr l liar 7.Owsk der boa:bd.w t.IJd roil saersnly desrnme the to•of the popeaT st th.dms st sail; Chesk the boxes babes sa thwo Ipdr• S Owntrrshlp'Me Is Cundorniniurn A On.Famey baid.nd.l E AW= teal 1 Comuwrdty 5w k.- a.Now Conobuslon on Vacettt Lama ❑ ' 7 or 7 Finny Raddendtl F Corttntordal J ktArotriel � 10L Propedy Located within an Aoda trel Duaict ❑ C RnMendd Vaunt l s and C Aptnes K Ft bUc bmda "N.Buyer wowod a diseteeroe amw erdtenttrtg ❑ D Non•Raddrnld Veeam land H Entanwinment FAeetwnvd 1. Frstt thst the property is In an Itgrodrurat dials SALE INFORMATION 1k Cheek air r orris d theas conditions am app0rbl.to tTr.ir. I 11.Bolo Commot tilt• / / A WN Nowiven Robatws or Former RoIstlws S Sale Botwaw Rdatad Camprw r Pannm in Guam= p C 2 Orr of old Buyma le afn a Shear 1a.Date of 114%1 Trmwfer D Buyer r Shcr b Gown.mmnt Agency or tsnartB tmduaton Maeeol ysr E Deed Typs not Vh mnty r Bergin rtd Sale LSpcity blow) F Sat.of FrauirW or Low than Fos Intrnt Mpea7y Bstewl 17.Iran Bail Rite 1 -0- 0 0 1 C• BtgMeoltt Change InProFony Set~Twwtft Statute wW Sole Dab Sato of Busher.Is Indudod In Salo Price IFult Sato Prim is the tour a.mtae Fold for the property kW6ng pnmw.ropes-. I Other lhtrwud Factdra ASscdng Sate Price Wv dty Bdoo Thl.pgmenf nW bo In the frm sf ca%%.ether pmprnty r good~r dw ouumpdm of Nan' mortgages mother obfigelionel Roess round re fM newosr-rhob dWar emaunt 1 1s.ttrdcab the twkw d wraani l -o- 0. 0 1 preps"Included In qr sail -• ASSESSMENT INFORMATION-Date should reflect the latent Final Asonsarnt RoR and Tax Bill p /� �1 te.Yv d Ar.�rt Rao tmm t/J .�117.T.W A VA.(W.11 parents nrTdrl I— A .�r(/ do t I xahidh hdar-odon k.t eund ,( . J� I, lAw►tit-Clr. 1�,/.A I-I_1 1g.sdrd INetMet Nom.I //4 1 a ,Vt. 1 70.Tax Map kientfaerlat/Rae 1drwffInts)to more titan tar.&nach.lw.c whh add ome IdentRUr(eR I 1000-127.00-03.00-006.01 & 006.002 1 I I I I 1 I CERTIFICATION I rMfy dotal or the W/nft or l-hin ndun oMemd art M Also use trtr ne d•norxct Ito die bcla or mry kra wWVr end belled and I astktta.od that Me tea ft dram-wRIM- �dateme or notarldl hOwlra s hln wR d&d we b Me rwhk=d dw omd 4w ntedn to ttr m-kf rnd IShtA dhbe lmtppmonta. / d 0UYFB'S ATTORNEY h191104 Desmond 1 David S. ` NiCO1D D1Bart010 'd•'x tAef a.,. Mrttaawr . 475 l Gondar Court 631 I 264-0303 eriusruwua tier w+tr ratmeuar - atatsror trumote wits laurel I NY I 11948 dr/antttwr watt s.rar LrFR NEW YORK STATE _ COPY /04 Nicolo DiBartolo — ��°v i I I illll[I III Illll u[II IIIII I{III Ilil!I(III[illl I[,I il[I • I II1G1101111111 ill llll ' SUFFOLK COUNW CLERK RECORDS OFFICE RECORDING PAGE e of Instrument: DEEDS/= Recorded: 04/20/2006 umber of Pages: 8 At: 01:17:00 PM Receipt Number : 06-0039974 TRANSFER TAX NMMER: 05-35533- LIBER: : D00012446 PAGE: 351 istrict: Section: Block: LOt: 2000 , 127.00 03.00 '. 006.005 .. EXAMINED AND.:CHARGED AS FOLLOWS eed Amouat: $O.00j,:., Received the Following Fees For Above Instrument Exempt Exempt age/Filing $24.00 NO Handling $5.00 NO OE $5.00 NO NYS SRCHOI $15.00 NO -CTY $5.00 NO SA-STATE $75.00 NO -584 $5.00 NO Cert.Copies $5.20 NO T $30.00 NO SCTK $0.00• NO ansfer tax $0.00 NO CoM=.Pres $0.00 NO Fees Paid $169.20 TRANSFER TAX NUMBER: 05-35533 THIS PAGE IS A PART OF TH8 INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County Z �40 Nui rtbar of pages / FEDDRDED TORRENS 2006 Apr 20 Olt17t0O PH Judi%WA.Pascale al A CLERIC OF SIIF w Cam Cer fcate 4 L 0=12446 P 351 Pri r Ctf.8 OTi 05-35533 I Dead/Mortgage Irntrument Dead/Mortgage Tax SmW Recording/Fling Stamps I 3 FEES /Filial;rve Mongage Amt. — This�m rat WIII be public1. Baal,Tax Har dling 5. record.Please remove all 2.Additional Tax TP 84 Seas)Seca*Numbers Sublbtal t Not 'on prbr to mmrcrmg. SpeclAnh, t or EA 2 17(County) Sub 7bial Spec./Add EA 217(State) =MM TAX t R P Dud 7bwn__Dual County — �/— Held for Appointment Car un.of Ed. 5. 00 Transfer Tax — Aa vit • • Mansion Ma C fr �0 The property eovand by this morignge Lc g or will be impmvad by a one or two NY Surcharge 15. 00 family dwelling only. Sub Total YES or NO Oth r — ��•7� � If NO,we appropriate tax clause on page A of this i t. Y. 4I DW/000 06013730 1000 12700 0300 006005 S S Cott=Wflty PIC=.ratio"Fttnd T i Rea Property RgH F A Consideration Amount$ Tax Service Aj vocy CPR Tex e $ Veri cation Impmvcd� Vacant Land 6 Satisfacdo;WDischargcditalcases List Pmpeny Owiners.Mailing Address , RECORD&RETURN TO: TO t DAyIO D�sM®I{JD TD ✓� /N'�yr3�A't�f�t9 h d�1� To Title Company Information 7"y y11.1�E t�`1 II'io l Co.Name atmt- 1,17ide A s Suffolk Counly Recording & Endo ement Page Tbis page fnma pan of the anaehed 3�G/op• mode by: M/tZOL.p 0J 8MLTD4.•0 d (SPECIFYTYPEOFINSTRUMLNT) AIIE S. Pe j"j&92P_Zo The premisai bercin Lt situated in SUFFOLK COUNTY,NEW YORK. TO I In the Township of ���"ICOLO Dr, Be►-3(VAD InthaVILLAGE �� � or HAMLET of L zk,6 ' BOXES 6THRU 8 MUST RETYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR HUNG. (over) _a.pt,cos..o.+a.aac�....s.�mu�w.nw—t�..�ac�u�s.'atsu.•n CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT I SHOULD BE USED BY LAWYERS ONLY. 0 THIS INDENTURE.made the 10'�'day of April, In the year 200E BETWEEN NICOLO DI BARTOLO AND CAROLINE S.DI BARTOLO 47S CONDOR COURT.LAUREL NY 71948 party orthe first pan;.and NICOLO DI BARTOLO AND CAROLINE S.DI BARTOLO 475 CONDOR COURT,LAUREL NY 1191E i � I I I party of the second pan. WMESSETH,thu the party of the first part.in eonsidecatlan of dollars paid by the party of the second part,does hereby grant and relcase unto the party of the second put.the heirs or successors and assigns ortha pony of the aecoad part forever, I ALL that ccrWn plot.pure or parcel of land,with the buildings and Improvements thereon erected. 1 situate,tying and being in the 1 ISEE LEGAL DESCRIPTION AND SCHEDULES"A"AND'B"ANNEXED HERETO. I SUBJECT TO NEW PORK STATE DEPARTMENT OF F.Nv1RON\EE,YTAL e CONSERVAITON ("NYSDEC") COVENANT FILED IN DEED DATED 111801 AND RECORDED IN LIDER 1242S AT PAGE 494 IN THE OFFICE OF THE SUFFOLK COUNTY CLERK DISTRICT: 1000 SECTION: 127,00 BLOCK:OW LOT:tow 93.10 00600� TOGETHER with all right.title and interest,if any.of the party of the rust part in and to any streets mud roads abutting the above described premises to the center fines rhereoF,TOGETHER with the appurtenances and all the estate and rights of Use potty or the first pan in and to said promises•,TO HAVE AND TO HOLD the premises herein granted unto the party of the second parr,the helm or successors and assigns of the pang of the second part romvcr. i AND the party of the first pan covenants that the party of the first pan has not done or suffered anything whereby the sold premises have been encumbered to any way whatever,except as aforesaid t AND the party of the fast FAA in compliance with Section 13 of the Lien Low.covenants that the party i of Rho rust pan will receive the consideration for this conveyance and will hold the tight to receive such consideration as a trust fund to be applied first for the purpose or paying the can orthe Improvement 1 and will apply the same Gist to the payment orthe cost of the improvement before using any pan of the total of the same for any aher purpose.The word"party"shall be construed as if It read parties" whenever the sense of thls indanture so requireL IN%YITNFSS WHEREOF.the parry of the first pan has duly executed this deed Use day and year first !I above written. r I, r IN PRESENCE OF. NICOW DI BARTOLO ' CAROLINE S.Dl UARTOLO AqO LEGAL DESCRIPTION l Dist: 1000 See. 127.00 Block: (goo Lot: P _ I 0v7 -1005 PARCEL I (Conveyed Parcel) I . Being and intended to be part of the same premises conveyed to Grantor by deed from Eleanor Diachun and Rose Diachun dated April 25, 1994 and recorded on May 18, 1994 in the Office of the Suffolk County Clerk,and designated as!former Suffolk County Tax Map No. 1000-127-2-6.1 as recognized and accepted by the Town of Southold on May 28, 1969 as an improved lot 200 feet by 200 feet(totaling 40,000 square feet)in size consisting of.9I8 acres as more fully described in Schedule"A"annexed hereto. PARCEL II (Retained Parceh Grantor hereby retains all right,title and intermt in and to Parcel II(Retained Parcel)as described herein,being and intended to be part of the some premises conveyed to Grantor by deed from Eleanor Diachun and Rose Diachun dated April 25, 1994 and recorded on May 18, 1994 at Liber 11677 at Page 427 in the Office of the Suffolk County Clerk'and designated as(brmcr Suffolk County Tax Map No. 1000-127-2-6.2 as recognized and accepted by the Town of Southold on May 28,1969 as a vacant lot consisting of 16.892 acres as more fully described in Schedule"B"annexed hereto. arl4rbL+l.y,allxicrlprlon !hd/Id►J , ti. o� SCHEDULE"A"DESCRIPTION (Parcel 1) ALL that certain plot,piece or parcel ol'land with the buildings and improvements thereon erected.situate,lying and being at Laurel.Town of Southold,County of Sut)olk and State of New York,being bounded and described as follows: BEGINNING at a point which marks the division line between land now or formally of Half Hollow Nursery Corp.(!formally Rasweiler)at the northeast corner of premism described herein,said pint being distant the following four(4)courses and distances from a monument set in the southerly side of lands now or formally of Long Island Railroad Company where the same is intersected by the Northwest corner of lands now or formally Half l{allow Nursery Corp.(formally Rasweiler): 1. South 37 degrees 34 minutes 20 seconds East 263.31 feet to a concrete monument; 2. Noah 61 degrees 17 minutes 00 seconds East 95.05 feet to a concrete monument; 3. South 29 degrees 19 minutes 40 seconds Past 517.90 fact to a concrete monument; 4. South 17 degrees 48!minutes 40 seconds East 380.64 feet to the true point or place of Beginning, RUNNING THENCE from said Point and Place;of Beginning,still along the divission line between land now or formally of Half Hollow Nursery Corp.(ti►rmally Rasweiler) South 17 degrees 48 minutes 40 seconds East 200 feet; RUNNING THENCE South 72 degrees I t minutes and 20 seconds West along the lands now or formally of Nicolo and Caroline DiBartolo 200.00 feet; THENCE North 17 degrees 48 minutes 40 seconds West along the lands now or formally o1'Nicolo and Carolina DiBartolo 200 feet; THENCE North 17 degrees 11 minutes 20 seconds East along the lands now or formally of Nicolo and Caroline DiBartolo 2001'eet to the land now or formally of Half Hollow Nursery Corp.(formally Rasweiler)to the true point and place of BEGINNING. Together with a non-exclusive easement of right-of-way 1'or the purpose of ingress and ems to and from Condor Corot to the premises described herein. Said casement of right-of-way is shown as a proposed gravel roadway on a Lertain map entitled'Map of Property Surveyed for Nicolo and Carolina S.DiBartolo at Laurel,Suffolk County,NY'% Surveyed on March 28,1994 and last amended April 12, 1994 by Roderick Van'ruyl. P.C. Oy Aq SCHEDULE"B"DESCRIPTION (Parcel 11) 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 paint also being dividing line of the Northwesterly comer of the land now or formerly of Rasweiler,the Northeasterly comer 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 37 degrees 34 minutes 20 seconds East 263.31 feet to a concrete monument; 2. North 61 degreses 17 minutes 00 seconds East 95.05 feet to a concrete monument; 3. South 29 degrees 19 minutes 40 seconds East 517.90 feet to a concrete monument; 4. South 17 degrees 48 minutes 40 seconds East 380.64 feet to the land now or formerly of DeBartolo THENCE North 72 degrees 1 I minutes 20 seconds East along the land now or formally of Nicolo and Caroline DeBartolo 200.00 feet; THENCE North 17 degrees 48 minutes 40 seconds West along the land now formally of Nicolo and Caroline DeBartolo 200.00 feet; THENCE South 72 degrees 11 minutes 20 seconds Wcst along,the land now or formally of Nicolo and Caroline DiBartolo 200.00 feet to the land now or formally of Rasweiler; THENCE South 17 degrees 48 minutes 40 seconds East 160.00 feet to the land now or formally of T.Diachun; TH ENCE South 60 degrees 01 minute 20 seconds West along the land now or formerly of T.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 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 degrees 54 minutes 30 seconds 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 12 degrees 30 minutes 30 seconds West still along the Easterly side of said recharge basin 138.69 feet to a concrete monument; THENCE North 63 degrees 58 minutes 20 seconds 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 44 degrees 34 minutes 10 seconds 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 of Golden View Estates'213.35 feet to a concrete monument and the Southeasterly side of said`'Park and Recreation Area"; THENCE North 3 degrees 29 minutes 10 seconds East along the said Southeasterly side of the said-Park and Recreation ArcC 356.56 feet to a concrete monument and the land now or formerly of K.Leeds; TH ENCE North 34 degrees 09 minutes 50 seconds West along the land now or formerly of K.Leeds 424.26 fact to the land of the Long Island Railroad Company and the Northeasterly comer of the premises described herein; 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 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 47 degrees 23 minutes 00 seconds West 7.03 fact 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 comer of land now or formerly Sawicki;said monument also being 2,077 feet,more or less,Easterly from the Easterly side of Laurel Lane; RUNNING THENCE South 20 degrees 17 minutes 30 seconds East.through the land now or formerly Qualls 112.72 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 McCarthy 205.04 feet to the Easterly side of land now or formerly of McCarthy and the Westerly line of land now or formerly of Sawicki; 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 758.98 feet to the Southerly line of land of the Long Island Railroad Company and the Northerly line of i land now or formerly of Rasweiler; THENCE South 46 degrees 43 minutes 10 seconds West along the said land ofthe long Island Railroad Company and land now or formerly of Raswciler 8.661'eet 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 dcgrces 58 minutes 50 sounds West a chord length of23.69 feet,said curve having a radius of35.07 feet.a length of 24.17 feet; THENCE South 46 degrees 433 minutes 10 seconds West,through the Northerly side of land now or formerly of Rasweiler 428.92 feet to the land now or formerly of Raswi ler and the Easterly side of lund now or formerly of Diochun. THENCE North 37 degrees 34 minutes 20 seconds West along the said land now or formerly of Rasweiler and land now or formerly of Diachun 8.04 feet to the Southerly line of land of the Long Island Railroad Company. TH ENCE North 46 degrees 43 minutes 10 seconds East along the said land of the Long Island Railroad Company 428.12 feet to the extrermc Westerly end of an are ofa curve, THENCE Easterly.Northeasterly and Northerly along the are of said curve,bearing to the IcR.being subtended by a chord length of 29.89 fort;said curve having a radius of 27.07 feet,a length of 31.66 feet; i THENCE North 20 degrees 17 minutes 30 seconds West through the lands of the Long Island Railroad Company and now or formerly of McCarthy 746.05 feet; THENCE South 69 degrees 42 minutes 20 seconds West still through the land now or formerly of McCarthy 2.0 fat; THENCE North 21 degrees 33 minutes 00 seconds West through the land now or formerly of McCarthy and the land now or tnrmcrly of Qualls 205.0 feet; THENCE North 20 degrees 17 minutes 30 seconds West still through the land now or formerly of Qualls 108.0 feet to the Southerly side of Main(State)Road; THENCE North 47 degrees 23 minutes 00 seconds East along the Southerly side of Main(State)Road 12.97 feet to the point or place of BEGINNING. ACKNOWLEDGENIENYTAK". IN NMY PORK STATE ALKNO111JOGEMENT TAKEN IN NEW YORK STATE Slue of Ncw York.Coanry of—<V~ Suffolk Store of Ncw York.Comay of .ss On the dq of in theYW On the!1/"d»of April la the)van "W. )done ax.the uW dgud,I--IIy appeacd before me,the uoderdoned.pasondly appeared N!N!a Di 9anola and Caroline S.Of 0molo •penandly,ktmwn to we or proved to me an the .peraondty known to me or proved to me on the bads of aadsfsctmy evidence to be the IndivWudW whose names)O bans ofsdirfatoryefideocrtobe the haDs&W(j)whosenatoc(s)b lam)subtrdbcdtothewithinhuwmentamlandtnawltdgedrotan tarel ow subrenled to the vddtia invrroatem and z4auwlydSed to me �0�'executed the same In h[rlhdtLdr apadty(Ics).and thin hehleAhry executed the wrc In Id mAtheireaparityCus),a W �� r dlWfof s)which cite ww"(s)a ted.mccuted a the pertoa upon behalf of shah cite tmlirld nl(s)acted,etennLLd tiro by hlsRlvuN�tonnr dptnaue(a)an the hutrumem,tk�erl'e�divi/d'u�at(s� the imuuaunt. ' o� K1.EIN o�iforrttttfi the fadtn didfs)►,C`.r"i No.O1KLt979606 � (/Q/4wB_/ I i ouadfad ht Boom Ca ,,�� Exph m Mao 1t.rey�L ACKNOWf.EDCMENTTAKEN OUTSIDE NEW Y ORK ACKNOWLEDGEhWhT BY SMCRIBLNG 1YMFSS STATE TAKEN M NEW PORK STATE -Setae or ,.County of .tc StmoorNewYork.Coumyof .am *(Or On the dry or ��)� legal Dhoti of Colutrtbl4 Tkrritory.Possesdtm or Pomgn Cmuayl befbm me,the underelancd.a Nosy,f wic in and ror said Srae. I P—rcillyApmW Onthe dayof In theYesr the .before me the attdad subaerift witont to the finego(ng insomxat,with Whom I am Sned P n�YeDpe� t rictur ly tt TnWed.who,being by x duly sworn.din depose and Personally known to too or proval to me on the bads of ssbhnory my thu hddrAhey reads)In ewWertca to be the hehvWWW whore meow b(=Isubfedbcd to the wWn iasa wi tfind acknowledged to me thu WdmftkY I Of the plre of reddeoee b In a ehy.include the meet maa sweet same to his WWjdrr;ac%A1c3).that by Wherhhetr I ! number Iraa_v.theteongha Wdofthey know(s) dganmeW on the In monmL the tadlvWmdp)or the person upon to be the Ifsdivtdml described in and who executed the foreguiog behalf of which the ittdividanl(s)aced.seated the Imaumcm.and hotmmnta these said wbfenbing witnns was presort and saw told that silt tndly[both nuke such appeasattce 6efom the oedecdgtted in I dx esaute the samr.and thn sold wltt:ess u the same flak suhmttbed t uftfhheir t 0*11 as a whrtcse thereto (add the city or politics)subdividon and Offs star or cmmtq or other t' place the aekwoMedB ement Wn min} I ) Bargain and Sale Deed with Covenant against Grantors Acts ..................................... NICO)A DI HARTOfA AND SECTION , CAROLINE S. DI DARIOLO at= TO t IIICOLO DI HARYOLO AND LOT t CAROLINE e. DI RARroLO cownVoltTOWN SOUTROLD. IUFFOT.K Title No. RETURN RYAtAIL TO: DAVID S.DESMOND,ESQ. VAN NOSTRAND&MARTIN 5313ROADWAY-,BOX 307 AmnwLLE NY 11701 I �1��' IIIIIIIIIIIIIIIIIfuIIII{fIIIIIIIINIIIIIf IlfIIIIIIIiII ���j�// Iillliillllllflllllllllll SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 12/14/2005 Number of Pages: 7 At: 02:24s5S PM Receipt Number : 05-0129763 TRANSFER TAX NUMBER: 05-19305 LIBER: D00012425 PAGE: 494 District: Section: Block: Lot: 1000 127.00 03.00 006.003 EXAMINED AND CHARGED AS FOLLOWS Deed Amounts $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $21.00 NO Handling $8.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-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 Comm.Pres $0.00 NO Fees Paid $161.00 TRANSFER TAX NUMBER: 05-19305 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine. County Clerk, Suffolk County 1 2 'Number of pages G TORRENS ` RECORDED Serial# 2005 Dec 14 02:24:58 PM Eduard P.Romaitte Certificate# CLERK OF SUFFOLK ODUWY Prier Ctf.# 1 L LI0 L D00012425 P 444 Deal.Mortgage instrument Deed/Mortgage Tux Stamp R Mlg RAS Stamps 3 1 FEES Page/Filing Fee 7-1 Mortgage Amt. Handling 1.Basic Tax _ 5.�_ 2.Additional Tax _ TP-584 Sub Total _ Notation Spec./Aimit. or BA-5217(County) -� Sub Total Spec./Add. _ /7 — TOT.MTG.TAX EA-52I7(State) Dual Town_ Dual County R.P.T.S.A. �© Held for Appointment, Transfer Tax Comm;of W. 5. Mansion Tax Affidavt Tice property covered by this motgage is or will be improved by a one or two Certified-Copy family dwelling only_ YES or NO Reg.Copy _ Sub Total If NO.sec appropriate tax clause on Other `J Grand Total Page# of this instrument. 4 District 1000 Section 127.00 Block 03.00 Lot TJ 5 1 Community Preservation Mind Real property05048708 1000 12700 0300 006003 Consideration Amount S Tax Service P T S CPF T`"Due 5 Agency A Improved Ve rification - Vacant Land _ 6 Satisfaction/Discharges/Rclease List Property Owners Mailing Address 7 D RECORD&RETURNT0: David S.Desmond,Esq. TD VAN NOSTRAND AND MARTIN 53 BROADWAY TD P.O.BOX 307 AMITYVILLE NY J1701 7 Title Company Information Co.Name Title# Z j- $— 3pgq Suffolk County Recording & Endorsement Page This page forts pan of the allwhel D-ED made by: (SPECIFY TYPE OF INSTRUMENT) Nicola DLliartela and Caroline a DIRartolo Tbc prernisis herein is situated in SUFFOLK COUNTY,NEW YORK. j TO In the Township of Southold Nlcolo DIBartola and Corollne S DIBartolo In the VILLAGE or HAMLET of Laurel BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED 1N BLACK INK ONLY PRIOR TO RECORDING OR FILING 6 3 . NYtins•BarsalaqutSa6Dced With C vamntopdmsUramor'sActshdivtdualwCuipowioa(SinsleSheet)(NYB•R1BW21 CONSULTYOUR LAWYER BEFORE SIGNING THIS ITri1A1ri ENT-THIS MTRUMATSHOU1DBF.USED BY LAWYERS MILY THIS INDENTURE,made the Sf+- day of November .in the year 2004 BETWEEN Nicwlo DiBartolo and Caroline S.DlBartolo 475 Condor Court Laurel NY 11948 c:•�••'4��'!r1M:rf patty of the first part,and r r ry ttmaJ Nicola DlBartole and Caroline S.D1Bartolo 475 Condor Court Laurel NY 11948 party of the second pan. WITNLUE' ,that the party or the first part,in consideration of Tea Dollars and other valuable consldc frtion paid by the party of the..d part,does hereby grant and release unto the party of the second pan,the heirs or..Issas and assigns of the party of the second pan forever. ALL titatcertrdn plot,piece or pared of land,with the buildings and improvements dxroon erected,shmm lying and being in the SEE SCHEDULE"All DESCRIPTION ATTACHED BEING AND INTENDED TO BE the some premises as conveyed to the Grantor(s)by deed made by Eleanor Diachun and Rose Diachuo,dated Q25/94 and recorded 5/18194 in Llber• 11677 at Page 427. SUBJECT to covenant and restriction required by New York State Department of Environmental Conservation("NYSDEC")as set forth In Schedule"B"annexed hereto. PREMISES ALSO KNOWN AS 475 Condor Court,Laurel NY 11948. District: 1000 Section: 127.00 Block: 02.00 Lot: 006.001&006.002 TOGETHER with all right titleand interest,ifany.of the party of the first pun of,in and to any streets and roads abutting the above-described premises to the centerlines thereof;TOGETHER with the appurtenaricim mad all the state and rights of the party of the first pan in and to said premises:TO HAVE AND TO HOLD the premises herein granted unto the piny of the second W.the heirs or successors and assigns or the party of the second part forever. AND the party or the first pan covenants that the party of ilia first pan has not done or suffered anything whereby the said premises have been incumbcred in any way whatever,except as mromaaid. AND the party of the first pan,in compliance with Section 13 or the Lien taw,covenants that the party of the first pan will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for dic purpose of paying the cost of the improvement and will apply the some first to the payment of the cost or the improvement before using tiny part of the total of the same for any other purpose. The word•party"shall be construed as if it read"parties-whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first pan has duly executed this deed the day and year first above written. IN PRFSMLE IIF: ODIB o _ Caroline ,DiBartolo . oy Schedule A Description ALL that certain plot,piece or parcel of land with the buildings and improvements thereon cxxtod,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 act in the Northeasterly comer of the premises to be described herein,said point also being dividing line of the Northwesterly comer of the land now or formerly of Raswedler,the Northeasterly comer of the premises to be described herein,and the Ind of the Long Island Railroad Company; RUNNING THENCE along the land now or formerly of Rasweilcr,the following four(4) courses and distances: 1. South 37 degrees 34 minutes 20 seconds East J633 feet to a concrete monument; 2. North 61 degrees 17 minutes 00 seconds East 95.05 feat to a concrete monument; 3. South 29 degrees 19 minutes 40 seconds East 517.90 feet to a concrete monument; 4. South 17 degrees 48 minutes 40 seconds East 740.64 fed to the land now or formerly of T. Diachun; THENCE South 60 degrees 01 minute 20 seconds West along the land now or formerly of T. Dinchun 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 as Map Number 7770, 420.26 feet to a concrete monument and the Easterly line of fat Number 8 on the aforesaid map; THENCE North 31 degrees 54 minutes 30 seconds 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 fcct; THENCE North 12 degrees 30 minutes 30 seconds West still along the Easterly side of said recharge basin 138.69 fed to a concrete monument; THENCE North 63 degrees 58 minutes 20 seconds West along the Northeasterly side of said recharge basin and the Northeasterly side of Condor Court as both arc shown on the said"Map of Golden View Fstatee',208.05 fed to a concrete monument and the Easterly side of Lot 1S on the aforesaid reap; THENCE North 44 degrees 34 minutes 10 seconds West along the said Easterly side of Lot 15 and the Easterly side of a`lark and Recreation Arcs"as shown on the said"Map of Golden TOGETHER with all right,title and interest of the party of the first part,in and to the land lying in the scred in front of and adjoining said premises. View Estates"213.35 feet to a concrete monument and the Southeasterly side of said"Park and Recreation Area THENCE North 3 degrees 29 minutes 10 seconds Fast along the said Southeasterly side of the said`Park and Recreation Area"356.56 feet to a concrete monument and the land now or formerly of K.Leeds; THENCE North 34 degrees 09 minutes 50 seconds West along the land now or formerly of K Lceds 424.26 feet to the land of the Long Island Railroad Company and the Northeasterly comer of the premises described herein; 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 and 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 fax from a concrete monument act in the said Southerly side of Main Road marking the Northeasterly comer of the land now or formerly of Qualls and the Northwesterly comer of land now or formerly Sawicki;said monument also being 2,077 feet,more or less,Easterly from the Easterly side of Laurel Lane; RUNNING THENCE South 20 degrees 17 minutes 30 seconds East,through the land now or formerly Qualls 112.72 feet; THENCE South 22 degrees 06 minutes 30 seconds Eas4 still through land now or formerly of Qualls and the land now or formerly of McCarthy 205.04 feet to the Easterly side of land now or formerly of McCarthy and the Westerly line of land now or formerly of Sawicki; 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 759.88 fed to the Southerly line of land of the Long Island Railroad Company and the Northerly line of land now or formerly of Rasweilcr; THENCE South 46 degrees 43 minus-10 seconds West along the said land of the Long Island Railroad Company and land now or formerly of Raswciler 8.66 feet to the extreme Northerly cad of an arc of a curve; • THENCE Southerly,Southwesterly and Westerly along the are of said curve bearing to the right,being subtended by a chord bearing South 26 degrees 58 minutes 50 seconds West a chord length of 23.69 fcct,said curve having a radius of 35.07 feet,a length of 24.17 feet; THENCE South 46 degrees 43 minutes 10 seconds West,through the Northerly side of land now or formerly of Rasweiler 428.92 feet to the land now or formerly of Rasweiler and the Easterly side of land now or formerly of Diachun; TOGETHER Kith all right,title and interest of the parry of the first part,in and to the land lying in the street in front of and adjoining said premises. i I A6kO'/ SCHEDULE B I 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 of the owner of the property to obtain a current description of all regulated activities from the New York State Department of Environmental Conservation("NYSDEC")or its successor organization for the purpose of determining what is considered a regulated activity. Performance of any regulated activity will 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. //A'A THENCE North 37 degrees 34 minutes 20 seconds West along the said land now or formerly of Raswciler and land now or formerly of Diachun 8.04 feet to the Southerly line of land of the Long Island Railroad Company; THENCE North 46 degrees 43 minutes 10 seconds East along the said land of the Long Island Railroad Company 428.12 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 chord length of 29.89 feet;said curve having a radius of 27.07 feet,a length of 31.66 feet; THENCE,North 20 degrees 17 minutes 30 sexxnds West through the lands of the Long Island Railroad Company and now or formerly of McCarthy 746.05 feet; THENCE South 69 degrees 42 minutes 20 seconds West still through the land now or formerly of McCarthy 2.0 feet; THENCE North 21 degrees 33 minutes 00 seconds West through the land now or formerly of McCarthy and the land now or formcdy of Qualls 205.0 feet; THENCE North 20 degrees 17 minutes 30 seconds West still through the land now or formcsly of Qualls 108.0 feet to the Southerly side of Main(State)Road); THENCE North 47 degrees 23 minutes 00 seconds East along the Southerly side of Main(State) Road 1297 feet to the point or place of BEGINNING. TOGETHER with all right,title and interest of the party of the fiat part,in and to the land lying in the street in front ofand adjoining said premises. 1 UsRAaxowumc uvrrtouur—wtmr)rNNEvY0RLSulwoNL}:• U.SBACWOKizwAfmrFORmaLtilow%7ruiNNMYIORRSh'AmOAmr State of New York,Cour"or Suffolk • I lax State o<New York,Counlyor ISM. C On de$11-ay of November In the jw 2004 Ou the day al' in the year 2004 before ma dae undetsigrod.�rwnauy epprared bcfom mc,The undersigned,personally appeared Nfcolo DiBartolo and CRrolfne S.DlBartolo perwrtniky,known to me or proved to me on the basis of swUracimy personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose aante(x)is(ate)sgbscnbW to the evidence to be the individual(s)whose names)is tart)subscribed to the within instrument and acknowled4ed to me that he/shrJYlrX executed within instrument and ockrwwlodeal to me that he/sltrJlluy ewcuoed the same in hisllwithdr copat7ty6es% and that by has m*Wr the same in hisAvYAhcir ea*lly(ies): and that by hi.glwf their sip2une(s)on the instrument.the iniividual(s),or die person upon dgnaturcfa)on die Incumnent,the ittdivi duad(s),or the person upon behalf of which the indivdduu*)!Ak,.td the in L behalf of which the Individual(s)octal.exeeutec!the insumem.u DID S DESstoND NarARY P;,ULRt.Srata of Naw Yak No.020E4994949 C�W Suffolk C-J* CofnMW'wan EE>rped�U-April/3.20 je—p— Ae OKELCAMWFawFORUSEWiMINNAWY SrArRONCY: Am%v)w%J�l1C.ttFATF'oa1 FOR WeOumWNEWFhzKSrArsnxcl:• fNer•York SYArertbbo8 W airmArfno+ir nor C& we/ lOurojSkle or Fordsm CrwtdAaxm6edAaW Cedjflmtel State orNew York,County of IHL: ..................................................)ssa JOV"Idere ve"d r(th Srurd.Gwury.Pandmr ormMkoa)hy) On the day of in date Yew On the day of in the year before ate the undersigned.personally appermal before me.the undersigned. •dl FM t�t� Y appeared the subscribing witness to dus foreVMng h gmmcnt.lvith whom I am personally aceiudrited,who.being by me duly swam.did depose and personally known to the or proved to me on the basic of JMWWrory say that hdkhMhey reside(s)in evldewe to be the individual(s)whose namc(s)is(are)wtiscdhed wthe within instrument and acknowledged to me that hdsdrhhcy excL ued (ijdrep)onegjnJdenceisistar�ey.Lrr)adrrheumrmrdarrrernwnber, thesamoinhisAashheireapacittyy((tex).din byK91oftheirxtgnatur4s) jean):the hdclrltbey knuwis. on the instrument.the indivklud(c),or the person upon 6efuif of which the indivldual(s)wwcL executed the Instrument.end dtatSvch individual to be the individual described in and who cul de foregoing mode such appearmcc before the undersigned in dtc: inswument:that said subscribing wiurec was prmat'nad sow said exeNle the same:and that said witness at the I time subscribed (lnxeniheelyorotherlWittoal ad divistonanitheatweorrnunrryor hislhedtheir names)as a withers thereto. otherplace the ackrrrnr edgment urrr rakenl. BARGAIN&SALE Dt3•D V rim t OWSPIAM Aar Y6rdawi� w'a AM MUMnts-ralcr 1000 , Srzm4 127.00 NICOLO DI BARTOLO AND Bulctt 03.00 CAROLINE S.DI BARTOLO CoouNrYoreTowN 0tT &006.002 owN TO NICOLO DI BARTOLO AND Rt]MDEDArREquwoF CAROLINE S.DI BARTOLO tmenty National Title Insums6e Company of New York M TUANWMAILTO �r FIDELITY NATIONAi.TITLF INS(. a DAVID S.DESMOND,ESQ. COmpAA'Y OF NL+w YORK VAN NOSTRAND&MARTIN ARM to m"Mra,MR 53 BROADWAY-BOX 307 VLM AMITYVILLE NY 11701 r..r..R..n.A a.r.r..rrw.m.t... J ' m i@ �i be 0 0 S �i d w ' PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS.httpJwr/ W.orpsstate.ny.us or PHONE 1518)473-7222 FOR COUNTY USE ONLY C1.SWIS Code REAL PROPERTY TRANSFER REPORT STATE OF NEW YORR CZ Date Dead Recorded STATE BOARD OF VEAL PROPEW SERVICES C&Book I f A .y r.. 57Md Peg. vun Pr.Jwr PROPERTY INFORMATION 1'=I 475 1 Condor Court I laeat6n alter rarQn .r 1 Southold I laurel 111948 I I an Crow. a zRum I DeBartolo I NiColo IIWn. —rraeucoa.wrn DeBartolo I Caroline S. i rur■waa IN■r S.Tom hd4ra , nfulr7exNgaarabboesn enwg Bollumdumbal r.dI for boom dban)l I I I YI MW Na t• I ry 1 I fiaR I a'�aT- 4.bd6ab the number of Asmaaarnant I 1 ❑ tonh B alt d.Itins ardr r ury cppr. Boll prat.tneeMrmd oo m da. d aof Palos OR Put of■Pued 4R Nnallnp Baud w ih sabdieMon Aartwdry Edm .❑ B.Dead 4L Subsvk$on Apprwalwas Ra pukad for Tawder Q p'•P•Kv .I �I x I r I OR l 4M Pend Avaraw tar SuWwWon with swap P w"d sta. *Seller I DeBartolo I Nicola 1 Nun& r r --'>aI . I DiBartolo I Caroline S. I wrNurcrcaaaww - I■aae 7.Chock the boa:b.l.w■didr most aoowdy dewlbes the or of dw prap"at m,dm.of sat.: Cheek tbw burr bdow as a" S Ow wnhtp Two Is Condominium A On.Famaf Rdd.mW E Agrwu4wg I Carrr=ty swvkm. S.Now Construction an vaunt Lord ' i or i Fwoll"Raddsndal F Corm ordet J kraraaial loll Pa4m y laur.dwkl:n r Agduah d 040kt 0 C R.ddMtld Vwwa Land C Ap.m..d K ruha S.r.rn 10L nuyw ncdnd a dbdanaa■oh•ndotLp D Non.RoddaMal V.um land H Eme tairawm f Amuwrnm 1. moat ala rh.w.p.mr+le r Agra haul awdd SALE INFORMATION 16 67woh one ar anm d mar anrrrbbr r appgable to trwwir 11.Sal.Contract Deb I Will Cey/ / I A Sale Between Ralatl.•.or Fomw Ratatl.es °- B sale Botwaen Related Conpar■a.ar Pannars In Buarwu p C Orw of alto Boon le atae s sear IL Dot.of Sale J Th"d.r 04 I D Buts or Shcor I.Gowrmwnt Agency or U.MV Insdualon Day T'a' R Dead TVp not Wuonty or Bargain and Sale ISpony Balowl F Balm of Fractional or Low than Fee Mwast(Spepb Beb.d IX rra a.t.Price I -� 0 O 1 G BIpMRum Falange inPMP*AV Betwgn Taeble emus ww site Bat - ! f • 11 Sala of Bualrwr Is Induded In solo Pace (Full Salo Prkm I.the total a.rwo Paid for dw propa w krdumag pwmnpl papery. l tMwr lhn mmat Feelers ARedblg Seto rdc•lBpodh Bdoru} This Peemsnt mer be In the form o1 adl.other pnpdy a good.,or tho staumixbn of J Nom mortgages or ottw obrrgalianal lNaaervund b Mw nrrrt taftoir d= 14.ftltBcars ew t•w.*I pnwrl 1 70— .0. D 1 Gar >•+r/1 Rd �/l/C7/�'✓ tAapwN hrthrded H tM ea4 ■ ASSESSMENT W FORMATION-Data should reflact Ow kted Final Araeaanlerrt Ron and Tom BIII 1a Trr d Ar.rrr�rt Vw6 A.nl L ..�1 17.Tors A.ra.W Value M a parcel.k.t 0*11 � I a 1<PrePeft Class -U 1e.sdwd Dbwa Name L/41 m.Tax Star kbntubrW J Beg him"Kiede)td more maa ta,r.attach sheet.shh ddWorwl kimmUlwt.R 1000-127.00-03.00-006.01 & 006.002 1 1 1 CERTIFICATION I lertay mat al or the Was of lokaa■Run ankred as M Am-ro■Cr.ned•ao.ttat Ile the bat of tw k*W dW and bdid)and I uNkmamd fluff the exti ft ' �•r{T w®Od•Ikbq dafemeet ar soterlal del ksrde•m.ubJeet me b LLn ore.Wor■d ahe nerurl 4.ndnaln to the ao.kleyp■ed Blbgt d Was■bad.wrw*ta J pl1YEA'S AMMET 04 Desmond I David S. ` swurw NiColO DZBatt010 agar era roar 475 I Condor Court 631 1 264-0303 ntwrra.aaa st.urt«leu+raaaw. araao. TV.VNDK mum laurel 1 NY I 11948 dno.low■ Bran awoa LLER X; ENEWYORK _ STATE PY 04 raaw.wWlalll Nicola DeBartolo — ,�aoY I�I�ll II II IIIII IIIII IIIII IIII I�IIf IIIII IIII!IIII IIII MINIS IIIII{I IIIII IIIII III IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 20/18/2006 Number of Pages: 4 Ate 09:51:08 AN Receipt Number : 06-0101505 TRANSFER TAR NUMBER: 06-09741 USER: D00012474 PAGE: 562 District: Section: Slack: Lot: 1000 227.00 03.00 006.005 EXMaNED AND CHARGED AS FOLLOWS Deed Amount: $950,000.00 Received the Following Peep For Above Instrunm t Exempt Exempt Page/Filing $12.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHO $15.00 NO EA-CTY $5.00 NO EA-STATE $75.00 NO TP-564 $5.00 NO Cert.Copies $0.00 NO RPT $30.00 NO SCTN $0.00 NO Transfer tax $3,800.00 NO Comm.PreB $16,000.00 NO Fees Paid $19,952.00 TRANSFER TAX NUMBER: 06-09741 THIS PAGE IS A PART OF THE INSTRUMMENT THIS IS NOT A HILL Judith A. Pascale County Clerk, Suffolk County ' 1 2 Number of pages RECOPDO TORRENS 2OD6 Oct 18 09:51:09 AN Judith R. Pascale CLERK OF SerialN SUFFOLK COINN Certificate N L DOOD62474 0T4 06-09741 Prior CtE N Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Fling Fee 1 Mortgage Amt. Q at I. Basic Tax Handling 5. 00 2. Additional Tat TP-584 Sub Total SpecJAssit. Notation or EA-52 17(County) Sub Total Spec./Add. TOT.MTG.TAX EA-5217(State) Op Dual Town ' Dual County R.P.T.S.A. Held for Appoin Comm.of Ed. 5• 00 Transfer Tax Affidavit • • Mansion Tax _ ar-� The property covered by this mortgage is Certified Copy or will he improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other _ Grand Taal � If NO,see appropriate tax clause on page N of this in, nt. 4 D 0 O Scctiot�7 BlockQ3 Ov Lot 5 Community►preservation Fund Real Property 06036022 1000 12700 0300 006005 Consideration Amount$ Tax Service Agency P T S CPF Tax Due S Verification _DTY A 7.00t' Improved Vwint Land 6 Satisfactionsascharges/Rcleases List Property Uwncrs mmnng nuumss RECORD&RETURN TO: TD A'" �OS TD cr�.. Po. Box Kos TD 7 Title Company Information I l73� Co.Name Title N 8 Suffolk County Recording & Endorsement Page This page forms part of the attached �,; e k made by: h ` , (SPECI"I TYPH OF INSTRUMENT) VA C r),O sit tJCti r T6 10 The premims herein is situated in VC SUFFOLK COUNTY,NEW YORK. � /�n TO In the Tuwiahip of — JrJS.e t7 1, ,L,I,,-I,,-CA In the VILLAGE 0 f f eStt 1M. )U n a orHAMLL•Tor � I`aJ_ BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) NR776S ,j Ny 003-Rsrrte aei Ssk DeW whh C mv sea againa Qr+nw;AA{IumviMl or CwM=m Ignsk 5hatl(N YUM Lw?l COMMU YOUR 1AW YER BEFORE 310%rNG 711LS MMUA1Y-%T-InIIS 1!lS IRu iF-Krsiia Li.n RE W1ED Is IA IVY RIei ONLY THIS INDEbrrUKE,made the 6th day or October .In the)vat 2006 4A0 UMVErN Nicola DiBurtolu and Caroline S.DlBartolo 60 475 Condor Court j Laurel,-N.Y. 11948 pang of the first part.and \gyp t ,Joseph A.Gels bin,P.O.Box 144%Stony Brook,N.Y. 11790 and Teresa 11t.Dunn,P.O.Box 14414 Stony Brook.N.Y. 11790 7dri4 R&S P ✓G AT y ri p�vfro�en! t:oorr SLerX'6A'FJ, party of the second pan. i1 7a3 W nWMEfI1.that the party of the first part.in cumlde-ration of ren Dollars and other valuable a mideratim paid by the party,of the second put.does hetehy gran and rul nuic unto the party of the second part.the heirs or suete-%sors urtd assigm of The party of the second pan forever. ALL that certain plot.piece or prtcsl or land.Nish the buildings and improvements themm erecta situate.lying and king in the SEE SCHEDULE"A"ATTACHED That Grantors hereby quitclaims to Grantees any right,title or interest in a certain right-of- way to Main Road as descrlbed In Schedule"A"herein. BEING AND INTENDED TO BE port of the premises as conveyed by deed dated 4114106 and recorded 4/20/06 in the Suffolk County Clerk's Office in Liber D0001246,page 351. G is VA rkp 5/9 SUBJECT TO NEW YORK STATE DEPA TMENT OF ENVIRONMENTAL CONSERVATION("NYSDEC")COVENANT FILED IN DEED DATED 1118104 AND RECORDED 1N LIBER 12425 AT PAGE 494 IN THE OFFICE.OF THE SUFFOLK COUNTY CLERK PREMISES KNOWN AS: 475 Condor Court,Laurel,N.Y. 11948 SCTM#1000-127-3-65(.918 acres,40,000 sq.ft.) TOGRTIIER with sail tight.Nde and imere14 if any,urthe patty otth first part of.in and to any streets aRl nails abutting the above-described premises to the centerlines tbervor.TOGETIIF.R with the appurununces and all the estate and rights of the i party of the first put In and to xaid ptemMm TO HAVE.AND TO HOLD the pr miles herein grunted unto the party of the sound part.the heirs or successors and assigns of the pray of the hm-ond pan forever. AND the party of the firs:pun cuvcttams that the party or the firs•,part has not dune or suffered anything whemhv the said pmmises have been Incumbered in any Nary whatever.except us artresttld. ANU she party of-the rrrst per:.In compliance with Section 13 of the Liar Law.envenanu that the puny of the first part will toceite the cmulderaion for this conveyance and will hold the right to receive such cunsidcmtion as a trust fund to be applied first for the purpose or paying the cvst of die Improvement and will apply the same first rr The payment rf the mot of the impmventent berme using any part of the total(if the same fur any other pitrpttsc. The wont party'shall he co"sued as if it real"partles'whenever the sense of this lutlenture sot requires IN W17NM WHEREOF.the puny of the first pan has duly exwuted this deed The day and year first above wrhten. Lv PRFseccR tart r o DlBartol�� Cfi trollne S.DIBartolo r Schedule A-Descriptlon We Number MART76-S Page 7 � y ��VV 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 point which marks the division line between land now or formally of Half Hollow Nursery Corp.(formerly Rasweiler)at the northeast comer of premises described herein,said point being distant the following four (4)courses and distances from a monument set In the southerly side of lands now or formerly of Long Island Railroad Company where the same is intersected by the Northwest comer of lands now or formerly Half Hollow Nursery Corp. (formerly Rasweler): I. South 37 degrees 34 minutes 20 seconds East 263.31 feet to a concrete monument: 2. North 61 degrees 17 minutes 00 seconds East 95.05 feet to a concrete monument; 3. South 29 degrees 19 minutes 40 seconds East 517.90 feet to a concrete monument; 4. South 17 degrees 48 minutes 40 seconds East 380.64 feet to the true point or place of Beginning. Running THENCE from said Point and Place of Beginning,still along the division line between land now or formerly of Half Hollow Nursery Corp.(formerly Rasweiler)South 17 degrees 48 minutes 40 seconds East 200 feet; RUNNING THENCE South 72 degrees 11 minutes and 20 seconds West along the lands now or formally of Nicole and Caroline DiBartolo 200.00 feet; THENCE North 17 degrees 48 minutes 40 seconds West along the lands now or formerly of Nicole and Caroline DiBartolo 200.00 feet; THENCE North 17 degrees 11 minutes 20 seconds East along the lands now or formerly of Nicole and Caroline DeBartolo 200 feet to the land now or formerly of Half Hollow Nursery Corp.(formerly Rasweler)to the true point and place of BEGINNING. I Together with a non-exclusive easement of right-of-way for the purpose of ingress and egress to and from Condor Court to the premises described herein. Said easement of right-of-way is shown as a proposed gravel roadway on a certain map entitled 'Map of Property Surveyed for Nicole and Caroline S. DiBartolo at Laurel,Suffolk County,NY'.Surveyed on March 28,1994 and last anwndod&41?;l Jill by Roder i* %Unl4Yf P U.WAa+vIs-Eri4itt✓'vrroxArnelmvmnuv,VtwYWuSrAzN0.%7r• U.cr:ACY mrmi(aflimmormolvOTMINNAV110"hYATHO.W.F. I Slate xNewY9rL'.Countyar Suffolk Is+.: StateofNcwYurk,Ctmntyur I On the 6 tmy cr October in the year 2006 On the day of In ttx)tar berate me.dic ucdctsi d. ,o,uliy appemod berm me.the tmdmisned.personalty appmmd Nicola D)Bartalo and Caroline S.DIBartolo paumlly known w me or pnmd to im on the bads of saao=tmy peratmally known to un ar proved to me on the basis of satisfocarry evidence W k-the intividtuil(s)whow narmi.4)L<(aAl l bwdbed us&- evidence to be t w havidualt.-)whow mumfs)is(stet suhacnW to w Within Ironurntatt and aitrtuwledpted to me that hddtMhcy amcmcd within insuumcitt and acknowledged to an that bds id"executed the deuce in IthAcrftheir agtacit)ties), and (lot by itislherhheir the scone in hidnt(their %Wacityrimt, con( dim by WberMteir siyteaua•(s)an the inswment.the individuals).or die pm on upon eknturets)on the imiumca the indi+idual(x).elf tin paraded uPnn bcludf jf%%-hkb the h; halts)rcicd.exc the innrutnmt. behalf of which the Wividual(at acted.executed the inurunmm. D.GRECCO NOrMy MMLI-tiTATE Of NMA\GRK QUALIFIED N SUFFOLK CW fY t1FM#02GR8Mj56 MYCW ONEXPIRESAM2S.21#0 AM%Vi YtJ)GIrtTTFOMVFORUSPIIP illSNh71'IORKSAVEO.v Y' At:l(aY1NYt71rafFMFol jvNUSEoumiEVE%r YOxKSIAvEO.%7r. l trA•Yw!S✓lw7xTne 1{4teru.Ith..��.¢wt.w C✓nrtt+�/ f(MofSuur.r AiM{M finml A.ehr.rfstMrA1 Cfrf(rMaMf State of New York County or 1a: ................................•.................Ia: t0wg4rie{~.rah Pnshwe of Anm6W1Jl) On the day of in the year Nerve mc,the undt r4gricd.pcfatimtlly appeared Oil the tbry fir In the)tar bdote an,the un eriligned.permtclly appeared the subscribing urbric a to Ue f0mSoing(tatruntcat,with whoin I tux personally acquainted,who.being by the duly smirm did depose and pcnunully known to me or prowl to roar on do bast;of=61hctory say that bdd Wdtey reside(;)in evidence to be the kWiv(daal(q whoN:muna•(a)is fuel subsenbed aithe within Inamumcat and ncknmkdWW W tea thin Widiokley executed I(prhrplmYafwAtene[sin a-*%,.mliuhthesrrrrfund.%treettmmhri the rcuminhidlicitheiratdpactttyyttns).that by It~their Agnaturd%) fJ'an;thera y):that hdshdddc)•knowis) no die inr(n am,the individuliri.ew th a person upon lickdf tdf which the indi+idual(s)aeted.exavted the insaument.mid clue such inRvidwl to) nu be the buGvidual described In and who executed the fure wing ritade such appemartcr before tie anicrsigntd in the iunicnt:thin said subscribing whri s;was presem and saw sal execute die sane:add that said witness in the scone time sulmAhed (hwvt die cirr tin Mher f�rr 1cal mWit6hi n and thr stare oreminny or hirfherhheirnartic(s)as a witness @teeto. nrher plane i/1<rrutrnntiit(4nrcnr teas taken). IIAR(:At\■Mmx DF]ia \TM CUM AKMAnL•tYrt%%'gtY'sM7s TmFNrr Dismicr 1000 SEcno,127 Nicola,DIBartolo&Caroline S.D)Bartolo wric 3 Lor 6.5 CY um-ir Iat TOWS Southold TO Joseph A.Gebbia&Teresa M.Dunn xtx nxurx+AtRrpuFsroF Mellty Nadmal Title Insuntom Company fr:-MY&FMAILTO FIDELITY NATIONALTITI.F. Joshua Prunasky,Esq. i IhS19mma".COMPA\l• P.O.Biqa 902 t"Ur Tta rRw East Setauket,N.Y. 11733 boil n:tf A4•Fidelity cry,.,,,,, W P� C O tRy. 0 W W R Q PLEAS TYPE FIAMLY WHEN WRITING ON FORM INSTRUCTIONS: www.orps.stste.ny.us:// .stste.ny.us or PHONE 1518)473-7222 P � FOR COUNTY USE ONLY 3 d 8 9 REAL PROPERTY TRANSFER REPORT C1.awls coda I�l r 7 1 r I STATE OF NEW YqM 0.Oahe Dead Rac"d■d �d e evyai WATE seAPD OF MAL PFAMS TIY SERY B CI.aapk I / �,L/r ••.�/1 Pa9. S - I *- - RP alt5277 PROPERTY INFORMATION 1 laeI ATS I Condor C urt 1 rmrat trnanr+- I Laurel NY I 111948� arr a 2.sayer I Gebbia I Joseph A. I No —[7SI wvYitbTi� rr•r r7./r I Dunn 1 Teresa 14. IINr /aaraw nir rNIL &Tae tKfficm Mmnhal-TalAtanmboewd I Joseph t:abbia Ii Teresa N.Munn I aaln9 a edrrthan b V.dam W bolbm d NI-)iea7'Twrtoaww '•,•• Addr-w 1 475 Condor Court I Laurel I N Y I W148 alrl•Dr wrot:larrl.le V.ar raver oue �. a.tndeate to aunbw d A...mrK 1 .1 1 Wrap 9 Peet d■P.ae Chad 16•Y oppdr• Roll pmeh owe"r.a on dw d.d 9 pt Pvmis oR El Pan d■Parod a.Mm myr9 Bad wth&bdrAion^d=W Lda. ❑ D.Dead Ia Subd.felon Appo.r was Ra9drd forTlarder ❑ P'•P"tT `--i—eo.rl ea— r�XI wm+ 1 0011 I 4M Penal Apwwed for slbdh kn nhh Map ft~ She 4 s.B.r I DiBartolo I Nicolo 1 atom Iwmrrwr/oa►a-r r■u• I DiBartolo 1 Caroline rrur r1--10 ravleur LOW Dm baa below w Mch modem--nay duerbea ttm use d ale Pmpwrty at the tirm of eefa: Check Ym baaa Mlav a-nrq.PPlr M.Owracm*Typo In Corrdo•drdum A Oa FamW Roeldo vis1 E Ap.InMur I f arnraulby Salvia to New Cancouotnn on Vaal Laid ❑ Ii 2 a 2 FemOy Ileddaaial } comm," 1 M&XMSI "A.IF we r V Laand wlMn n AWkU WM DWft C sddendal Vsed lad G A.errtrd K h"k s-wia taa V Mr rereMed a dadam ua rods IrrAo11I- ❑ b NorAWdwdW Vacant lad H Entemimamm fAmummem L Form toga poptav It Inn Ao&dmal Dbe t SALE INFORMATION Ica Check am or maw d theme oa dMaa appieile to hrleir 17.eaN Corrtraet D.n 1 09 / 18 / 20061 A Wo Batel eo fl.i.ltvee or Pmmer Rti.tivn ' +Ire •15 r is Salo oabv Ro Wd comparla or Pam%"In suahmw C One d On,Bohn is am a Wier IL Dab a1 sale/Trmrdw I to / 06 / 06 1 1) Buyer or SdW le Gormrmn A Allow or LwW q Ira kidon Aaa•r DIN Veer E Dad Typo ml Wa FWW or 9a96m and 5018(Sp-db a-isaM F Sala of Froxional or Lave them Fee Inter.vt Mpadfy Belowl G Srg ifi -Chg%a In F+-Party artween Tmeado Smhin mA Salo Day M Full ad*Pie. I 9 5 0 0 0 0 0 .0 1 11 Sale of B..In—b 11.1odw ht Sale rem • (iW1 SaA Price b dr Rohl amum o paid fm Ow proper,[Wudlns pm--A papwW. I Oder Uwj"FXWM A1190V Sale Iris OP90V Beloef This paprmm may be In Ve Fam d aahr aWm paper,«pods,a the uh-Igtmn d J Norm magn-a other obapumml Pkw reravmdmnwvu wMisd-S.rmmm+m. Ie.hldieaL em•efre N Pa+-nal I _, 0 .0 1 1 pePab irArdad In do eela • ASSESSMENT INFORMATION-Data should re ad the latea Final Aaaenmmd Roll and Tax si3 I&Year d Aaamrm n Roo tan I - 117.Taht Awwd. Vim W W pmeek la bOWN I 1 Wddr hdmloadon eeawn 7 IL Prepeny Oeve 12-10 -LI to edma niebm Nmlm I 12 ca) - 1 20.Time NVp Iaalrlslwm I Rnr tdnastww DI ma-0—far.arch dr-.t vlftb a4adorlal IdarrdBerlel( I 1000-127-3-6.5 1 I I I 1 I 1 CERTIFICATION elf IMt-s or tie d aoteed m Ihb fact em Ina i ad avant IN the bd or vV Wm-4dpe sd lac"td 1 udhst.od Oae the em&ft d Br1 wsl mbjmt toe to tie prmld®dit pmd law tdW'v So Ow SERUM ad MhM d6W mdr®mR DUYM ATTORNEY Pruzansky Joshua N. arm.eaa+rur n IAar r/u+ Ieat1M1Y 475 Condor Ct. 751-3119 1 631 ( 29Slil n.mrl.-w- mr.arrtuaWraaa.lal mrwaaz +ne.oer.r.a Laurel 1 NY 1 11949 My ORTv•1 Sun V.Me NEW YORK STATE COPY -Mnplta-a a /1�°ti I IIIIIII IIII IIIII IIIII IIIII(IIII IIIII IIIII(IIII IIII IIII i IIIIII IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instruments DEEDS/DDD Recorded: 20/18/2006 Number of Pages: 7 At: 02:02:47 PM Receipt Number : 06-0101856 TRANSFER TAX NUMBER: 06-09892 LIBER: D00012474 PAGE: 763 Districts Sections Block: Lots 1000 127.00 03.00 009.004 EXAMINED AND CHAROND AS FOLLOWS Deed Amount: $925,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $21.00 NO Handling $5.00 NO CON $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO RA-STATE $165.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $3,700.00 NO Comm.Pree $17,000.00 NO Fees Paid $20,951.00 TRANSFER TAX NUMBER: 06-09892 THIS PAGE IS A PART OF THE INSTRDMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County ' 1 2 (A Number of pages \\\ RECORDED TORRENS 2W6 Oct 18 0202:47 Pit Judith R. Pascale Serial CLERK OF SWFOLK COUNTY Certificate# L MM12474 P 763 Prior Ctf.# DTI 06-09892 Deed/Mortgage Instrument Deed/Mortgage Tux Stamp Recording/Filing Stamps 31 FEES Page/Fling Fec Mortgage Amt. Handling 5. 00 ?• Basic Tax 2. Additional Tax TP 584 1_ Sub Taal Notation SpecJAssit. — or EA-52 17(County) �_ Sub Total Spec./Add. EA-5217(State) -e��G—Y TOT.MTG.TAX _ R.P.T.S.A. �/ t Dual Town Dual County —6�-- �9 H intment Comm.of Ed. 5. 00 0 Affidavit • :" Mansion Tax Certified Copy YO The property covered by this mortgage is or will be improved by a one or two NYS Surcharge _ 15. 00 i1 (S� family dwelling only. Sufi Total YES or NO Other Grind Total r' If NO,tree appropriate tax clause on page# of Chia instrumcgt.D 4 1315t. 1--2-7C" I Block R Lot S Comataaity Preservation Fund 06036276 1000 12700 0300 006004 Real Property T S Consideration Amount$ QOa Tax Service q Agency (lip ( CPF Due 5 _ l Verification Improrrod Vacant Land ✓ 6 1 SatisfuctiomVDischargCJReleases List Property Owners Milling Address RECORD&RETURN TO: TD TD .1OS�iWGi �fL[ZltntF�, ESf{ P. BOt` ro a v TD Ec&S-E- 7 Title Company Information t 3 3 Co.Nacre OPr8S-MRtT Title# R Suffolk County Recording & Endorsement Page This page forms part of the attached a made by: • A�`\ (SPECIFY TYPE OF INSTRUMENT) I V l C t3�'D �� r p The premises herein is situated in Q _Cx r6`f(1e b;b r+a i o SUFFOLK COUNTY.NEW YORK.. -—� TO In the Township,of s � n � In the VILLAGL or HAMLET of �'(x L4 P E—Q BOXES 6 THRU 6 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (user) Al'haS-arfmn end Xik Lad with CtwV=01 aptmt thami'o Aa,luttvrinat m CtgwahUN rYhnrle 51ten)rNYB'IL'lxx>_J l'a\lU1.T t'a4a IAWYEIt NF7t)RB51n�1\l;7a1!1.\'ti tYl4NF_\"r.77115 m-rRti.iW.rt'SIIOLI.D IIF USF)RV IAWf7;Rti d.NiX TIM I DI WIVRF made the 6th day of October in the year 2006 i1'WBEN N Aq iLrolo DtBartolo cad Caroline S.DlBartolo475 Candor CourtLaurel.N.Y. 11945 0 �ri puny of Iho first pan,and � Joseph A.Gehbie,P.O.Boz 1448.Stony Brook,N. li 11790 s/ 1e10#d✓1A.v-A-; eo New r Se.7'A&Arr n!`1 fi�33 party of the sreonJ part. WrIZIJUNSETILgial the party of the first pun.in confitkratiun ofTen Iadlurn and other valuable anuidcration paid by the party of the woad put,does herehy grunt and rcdeax unnh the pang orthe second part.the heirs ur sucasors and assigns of the party of the xwond pan fivve. AIJ.that certain pltx,pieee or pureel urlmd,with tihc buil ditrps and improtenhems dterevn coned.sittette.Vag and lying in the SEE SCHEDULE"A"ATTACHED That Grantors hereby qultclalms to Grantees any right,title or interest in a certain right-or- way to Main Road as described In Schedule"A"herein. BEING AND INTENDED TO BE part of the premises as emn eved by deed dated 4114106 and ncorde 4/20106 In the Suffolk County Clerk's Office In Liber D0001246,page 351a...e lti�yats'�P yQ� SUBJECT TO NEW YORK STATE DEPARTNIENT OF ENVIRONMENTAL CONSERVATION("NYSDEC")COVE\A\I'FILED IN DEED DATED 1IMM AND RECORDED IN T,1BER 12425 AT PAGE 4941N THE OFFICE OF THE SUFFOLK COUNTY CLERK PREMISES KNOWN AS: 475 Condor Court,Lnurel,\.1'. 11948 SCTM#1000-127-3-6A TWIR"fHER with all righl.titlenntl Interest.ifrny.orthepanyuraw firs,part of. inandluunystnCCLarodMul.�thMntinp the ahthve-dascrihe d prcmisas to the center line"c thenttf;TOGETID:R with the apporteuamch and all the cwjle and righhs"f the party of the bra part in and m said premises:TO HAW.AND TO I IO13)the pami km heroin granted unat the pane of the second pun•the heirs ur suceesvo and Wiens of the piny of the.rcmtd pan furceer. AND the party or the firs pJlt covenants that rho party of the fimt part has nut done or suffered anythinp wherehp the:yid prcmiecs have been incumberu d in any wry whatever.except as aforesaid. AND floc party of the first pan,in eompl'wncc with Section 13 of the Lien Law.ecntinants that the piny of nco first port will i mculy cro theetmAdtionforthiv wnetyaneeandwillholddyerighttoreceivesuchcumulerationasatrustfundtoheapplied first for the purptrte or prying the ru m st or the imptuvemnt and will apply the same fhru to the prymem of the cuu of the imptuvementrm bee using any pan afnbc rand orthe wine fur any other purpmee• 'llhe word'party"shall be emu trued as if it read`panel'whenever the sense of this Indenture ra requires. i IN WITNESS WI IEREOF.the puny of the fret pun has duly exevuted IhL deid the day and year fine alroce w•rinen. Lx plat v�ceoF: ro�DiBntrto - - Offlinrlolo 1 10/18/2005 12:23 6317447179 MARATKIN ABSTRACT PAGE 07 schedule A Description-continued Tine Number MAR776S I (Parcel 11) 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 comer of the premises to be described herein,said point also being dividing line of the Northwesterly comer of the land now or formerly of Rasweiler,the Northeasterly comer of the premises to be described herein,and the land of the Long Island i Railroad Company; RUNNING THENCE along the land now or formerly of Rasweiler the following four(4)courses and distances: 1. South 37 degrees 34 minutes 20 seconds East 263.31 feet to a concrete monument; 2. North 51 degrees 17 minutes 00 seconds East 95.05 feet to a concrete monument; 3. South 29 degrees 19 minutes 40 seconds East 617.90 feet to a concrete monument; 4. South 17 degrees 48 minutes 40 seconds East 380.64 feet to the land now or formerly of DiBadolo THENCE South 72 degrees 11 minutes 20 seconds West along the land now or formally of Nicole and Caroline DiBartolo 200.00 feet; THENCE South 17 degrees 48 minutes 40 seconds East along the land now formerly of Nicolo and Caroline DlBartolo 200.00 feet: THENCE North 72 degrees 11 minutes 20 seconds East along the land now or formerly of Nicolo and Caroline DIBartolo 200.00 feet to the land now or formally of Rasweller: THENCE South 17 degrees 48 minutes 40 seconds East 160.00 feet to the land now or formerly of T.Diachun; THENCE South 60 degrees 01 minute 20 seconds West along the land now or formerly of T.Diachun and the Northerly lot line of Lot 7 as shown on a certain Continued On Next Page ti 10/18/28BG 12:23 ' 6317447179 KWATHIN ABSTRACT PAGE BB Schedule A Description-continued Tile Number MAR776S map entitled,"Map of Golden View Estates',as filed in the Office of the Clerk of the County of Suffolk as Map Number 7770,420.26 feet to a concrete monument and the Easterly tine of Lot Number 8 on the aforesaid map; THENCE North 31 degrees 54 minutes 30 seconds West along the said Easterly line of Lot Number 8 and the Easterly aide of a recharge basin as shown on the said "Map of Golden View Estates•173.70 feet: THENCE North 12 degrees 30 minutes 30 seconds West still along the Easterly side of said recharge basin 138.60 feet to a concrete monument; THENCE North 63 degrees 58 minutes 20 seconds 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 44 degrees 34 minutes 10 seconds West along the said Easterly side of Lot 15 and the Easterly aide of a'Park and Recreation Area"as shown on the said"Map of Golden View Estates'213.35 feet to a concrete monument and the Southeasterly side of said"Park and Recreation Area"; THENCE North 3 degrees 29 minutes 10 seconds East along the said Southeasterly side of the said*Park and Recreation Area•356.56 feet to a concrete monument and the land now or formerly of K.Leeds; THENCE North 34 degrees 09 minutes 50 seconds West along the land now or formeriy of K.Leeds 424.26 feet to the land of the Long Island Railroad Company and the Northeasterly comer of the premises described herein; 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 and 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 of Main Road marking the Northeasterly comer of the land now or formerly of quells and the Northwesterly comer of land now or formerly Sawicki,said monument also being 2,077 feet,more or less, Continued On Next Page 1e/19/2086 12:23 6317447179 IARATHON ABSTRACT PAGE 09 1 • , Schedule A Description.continued 1/ Trt►e Number 11AAR7" 1 A60 ' Easterly from the Easterly side of Laurel Lane; RUNNING THENCE South 20 degrees 17 minutes 30 seconds East.through the land now or formody Qualls 112.72 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 McCarthy 206.04 feet to the Easterly side of land now or formerly of McCarthy and the Westerly One of land now or formerly of Sawlcld; 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 758.8E feet to the Southerly line of land of the Long Island Railroad Company and the Northerly fume of land now or formerly of Rasweiler, THENCE South 46 degrees 43 minutes 10 seconds 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 and of an arc of a curve; THENCE Southerly,Southwest"and Westerly along the arc of said curve bearing to the right,being subtended by a chord bearing South 26 degrees 58 minutes 50 seconds West a chord length of 23.69 feet,sold curve having a radius of 35.07 feet a length of 24.17 feet; THENCE South 46 degrees 43 minutes 10 seconds West,through the Northerly side of land now or formerly of Resweiler 428.02 feet to the land now or formerly of Rasweler and the Easterly side of land now or formerly of Diachun. THENCE North 37 degrees 34 minutes 20 seconds West along the said[and now or formerly of Rasweller and land now or formerly of Diachun 8.04 feet b the Southerly One of land of the Long Island Railroad Company THENCE North 46 degrees 43 minutes 10 seconds East along the said land of the Long Island Railroad Company 428.12 feet to the extreme Westerly end of an arc of a curve; THENCE Easterly,Northeasterly and Northerly along the arc of said curve. Continued On Next page 18/1e/28BG 12:23 6317447179 MARATHON ABSTRACT PAGE 10 Schedule A Description.continued Title Number MAR778-8 bearing to the left.being subtended by a chord length of 29.89 feet;said curve i having a radius of 27.07 feet a length of 31.66 feet; THENCE North 20 degrees 17 minutes 30 seconds West through the lands of the Long Island Railroad Company and now or formerly of McCarthy 746.05 feet; THENCE South 69 degrees 42 minutes 20 seconds West still through the lend now or formerly of McCarthy 2.0 feet; THENCE North 21 degrees 33 minutes 00 seconds West through the land now or formerly of McCarthy and the land now or formally of Qualls 205.0 feet; THENCE North 20 degrees 17 minutes 30 seconds West still through the land now or formerly of Qualls 108.0 feet to the southerly aide of Main(State)Road: i i THENCE North 47 degrees 23 minutes 00 seconds East along the Southerly side of Main(State)Road 12.97 feet to the point or place of BEGINNING. Contlnued On Next Page ' (tSt.OACA'VOIIIJM& ,%TR*A/kFJAotrSI ILVNE11'i(ARRS`rATFf),VY.r: Cr.WAL'KKIRIt]1GV&YfIYNIAIENJ!!N'R7lHM'Nelriii SrATY.O,vrr.• state urNewvark.Countyor Suffolk Isar.: Slateorllew•York.Qmatycot Ise f ht the 6 LkY or October in the)t:ar 2006 tkh dw day of In the year befive nw.to uad:nilmttL inall apLwared befwe toe.tw uadttslythe w),purnally unsettles] Nicolo DISurtolo and Caroline S.DIBartolo per,onally kmtw•n to me or prvvah to me ah dve bat4t of sttisfua.'uay p-millally knirwn to me or pantis]ui me on the basis of mtisfamily evitkntetoWOwlndividualts)whownmMs)I,;1 e)subK''ribtd[tithe evkienvemhedteindivithmIs)tvhnwname(a)6j=jsubatibtttltothc within Instrument and=Mho vledged to me that hdshtJhgj exalted within iaarunvent and ucknilwledl?d to me that Ise/Amttt'v etecut al the same in bMwAheir Lup wity(icsk and that by UvIvo'ddwir the sate in ItWheifdtev ctysan)i.esL wnt tau hn• (1L mAhxir aigtnatnys)on the iiMnrrnitnl.the imLtidual(s! w dte ptaxvn uptsn Ai maturcts)to the imtrumunt,the indhiduidtsL or the ptawa upmt bet druf w•h' Ilve ins]isis]mltsl ucittL ennuted the imo m IL bt�f of w'hhch de hhtfhviial.Itsl W.c%mtuctl llv hmtumttt. ALLAN D.WECCO ,WUMMMNSUFFOtKiu1 to c0ij#A J:G'16APRIL29.* ACA.�UItTtYK:AIF_A'rF'ORtrFYIRL!tiL'fi'7llrLt'r\'8u'1irRKSTArE0vl.v. ACA.Wtsi.F2K mTFe wiFoRU.vFOI.7Uh8NF.W1(MIIS'rAim.*OA7.l: lN,x Y,i►StdaNAfny tthnirrrArb,rmfiJt rt'ar Ceidtin-1 /rrm gArwc-wFfvetA'n CewnA-4,"m1.Jcww Gntfiwd StuteorNewviirk eduntyor Im.: .. .. .... .................. • .. ........1M. ifw ,reI'eiiw%V,3htn.(ramp.Pmmucv svAl,/Y,'Mint On the day of In dxr)=r heftxv me.Ilk undcnignes].personally alvivand On the lily of In the yessr beftxo mc.the uniktsignetl,panstireilly appetutd the milt%jibing ttitrest kt the furryroing ImIr utiant.with wixvn I am penxuctlly acytetimcd.who,hcirW tr'inr duly stvixn.did kVtm and iiennmally krurw'n to me or pnictd us me nn the Buis of Aalid rtury sty thathe/rtK/tlte)•rn-is]t(s)in Ctidencekr lie the indiv W(s)whtaefumetsiistare)suhwmbcdlolhe within bwmnbcttt raid mAluwvlelget u+me that he/AwAkv extctutd i(/thel4mvcyrcatJaws,Ltinaa*.Indudethesmttwxlsrn'rrnumber. the pmcinK0erAlwirciliwiqlIcs).Mat by hL~ftirApourtys) ijam:dyer t? .that hea-V y Jew-ii) on the instrument.the iirlividual(st.tv the persm upon behalf ur%vd, Or Individutdhs)acted.eAavtahha hattrumem.and thatatuh indi t idhcd In bit the individual dexrihN in and who extnnel the 11- dog hark"it a ovance before the undertipcd in the Imimmcm:tat svd.iuhserihing witurss war present and taw•cdd txt'tvte the sane.and thin raid witness at live hermit lima Nut*cn'lhtd Unarrtlrcrilvnrwhcrrydirlrtd3td+diiwi,aricu/7fmat,+Mrnrruurrnor Ids iltcirnamtys)acawitnr,ccawnetti, wherpGaT the rt-4-it tifedgntetttxaAArknr). BARGAM A$ALB DFJJ1 •:n:tvtr.r%,rs-nu:orra.%�uo•+xts Tuts A•ti. Db'TRRT 1000 Sm-rim" 127 Niculu DIBartulo&Caroline S.D1Bartolo BiAx:K 3 Lur 6A Cuurn Yalu Tow:Y Southold TO Joseph A.Gebbla RM)RbFDATREQUESTUF Fidtiily Nattunal TRIG Invrrance Cumpany RMWNRPAWLT) FIDRI.ITY NATIONAL T1Ti.R JoshBa Pruxanskp,ESQ. 49 in'SVRANCE COSIPANY P.O.Box 802 A,N%hvo#PMA East Setauket,NX. 11733 C'%;A,ww Aft i'idelity hle1 wr! tlwir.tir M.Yrf.arti.4...w.. o a 0 m in EI m PLEASE TYPE OR PRE5S FIRMLY WHEN WRfI1NG ON FORM INSTRUCTIONS:http://www.orps.state.ny.us or PHONE 1518)473-7222 FOR COUNTY USE ONLY C1.SYIS Coda `7 •� S REAL PROPERTY TRANSFER REPORT '� / w WEAL STATE of PR PERK a tIw Dad RecordedRecordedI'--la--••a/i■,,, srATe um of PROPERTY fERvlces C3.Book 'q, 7 Page l 7,4& , I RP - 5217 aRlal7 en a'el PROPERTY INFORMATION 1•PropertyI 675 ( Condor court i sr.rrwarn u.rreusa I OR Laurel. NY ra Iawa I 111948 I z Buyer I Cebbia 1 Joseoh A { I New. Twu .ei:ati/Z4Ci�wv rwsr tree 1 I 1/1il alaM ♦ I Mer Lra 1 Z TM f■liw-wlraee heu.7aa Bii am ro ba era —� alafn8 V ottr 9—b"ar alines tat bottom of brml I bbia ♦ 1 9%uh A Addraaa I Condor Ct. I Laurel I RaR N Y111948Z��—"I wrlf MrerA aaD efaeil gyowN 4.fr ku.the numbr of Aw"sengnt IOaIV R 7tirs d■Famo Ch-k r RAF apple Row Pamela traneMred an the had I t I a of Parcels OR ❑Pace of a Parcel aLPWu:wttoadertlhSubdeWonAatlrhyFtdm ❑ L n"go �X I ~ d ww Itq ' ulrad for Tmniw ❑ sho . ORI areas C Prowl Appowd for Subdvldan Mth Map FewWW ❑ L S.M. I DiRnrtnin I eM 7 ,_J Frame IAaI 1M1e/ T rtol I Caroline nwr a,r 7.CMet tM boot batow rh&h n-at wwMafy daaabaa tM rhw d tba MaParly at flw throe d wire ChrA do bare bebw as thay apor. L Ownws iP Type is Co domFaFam ❑ R 0-0 Fr-ay RlddwMlel F Agricultural ! CammunW Rrvica L New Conaurtlon on Vaunt tend ❑ B 2 or a Pdnib RwWanW I F CaamweW C Ro.wendd Vrunt Land G APaMrm R Public ServiceUL DuVer y Lao d a dimin en wgr knl Didria ❑ Non.RaaidmWl Vam.t Lad 11 Emn,alnmem/Amurnrm L r r d the t1 t PmPw a to In n A kult ral Dkbe ❑ tM1 tla property Y ti an AaitvtturM DYula SALE INFORMATION I fL Chad are w mw.d Wwe aww1clam as appkaLle to tearabr. 11.bale cefth.t Data i 09 /le / 2006I A Sw 8.tw..n Ratwlvee or Fearw Rakdves B sda Between Related Componiaa or P.mmr.In S alnew C One d the Buyws Is oleo a seaw tt.Data of Bab 1 Trnrw L 10 / 06 / 20061 D Buyer or Sellar Is Oov w wR Apusty or Lrdfnp kodaelon aww Lay yor E Dead type not Wer.rry w Bargain wed Selo tspdry Bebad F Sale of Fr dkwW ar law than Fw I ddad C.pedfy Il~ IL Fat s.1a Fria. I 9 2,5 0 0 0 16 0 I G Slerefeaal Ch.no.In P10110 11 tfwwwn I..8fatae and Sab Do 1 5 . H Salo of Bug-w b khcfrdd In Sala Men (Full Sale Pnes le On WW amount paid for the popedy including perowal pmpaN. I Odor W■mW Fwara ABwthrhp sob Flue f awe Babwl Thle pammd mp be In the Farr of ache adar popwty w 9odti w IM rararot:m of 1 None mwtpepn or odw"p aloratj /truer round ro P.naemrt erAalr doper ernorart ,a.kmocow tM ref.al to■awni 1 . 0 . 0 1 papaw►frclohd w R.We e ASSESSMENT INFORMATION-Date should roewd the Istest Final Assomment Roe and Tex Bill ia.raw at Awerrrwet Nma frown 1 sAicA brbaeerhstlm 117.Total Aawrd V■1-led all r Inpods tramlad s ta4�n (� �j•���•/�. \) . IL Fr"ty 0— 1 1. 2. g-L.J IL ow..a Dbaw u. L 70.Taw MeP ldemiBrW/Roe banVnwrjw if mow iMe four.attach alw-.Ada a ddkbr-1 tdrrt ,Il I 1000-127-3-6-4 1 1 L I I 1 CERTIFICATION I avdfy that all cr the Mere at irMsvdoo entered wr this form am ttae and Mervin Ito the bad of my knodfAAe a.d b," ,d I mdwtdaod that tb=&hq d abr fate tJ0--A ar WAkdd fa0 hudo will mltlect cue to Ow wo'rfima er the hwl law rcb&r lathe Agwhnaffu rat I�d lrlre R BUYER'S Almmy 30/06/2006 Pruzansky I Joshua M. aOlNlwhe tun LAW ruse twat n.■e 5 1 Condor Ct. 631- { 751-3119 anasrwww■ •rear wuewruwaa a.amoc tnanore react■ Laurel I NY 1 11948 mvwrowr aunt z►mos NEW YORK STATE COPY 1 10/06/2006 hue®.rtare■w y,,. PBARer mey Latham NY 631.727.2180 x305 S,4 E A, K E L L E Y, DUBIN Q U A R`r A R A R O, L L P mreichert@suffolklaw.com 33 West Second St. P.O.Box 9398 Riverhead,NY 11901 Thomas A.Twomey,Jr. (1945-2014) July 24, 2024 John F.Shea,III Christopher D.Kelley r ^ David M.Dubin •} Received Jay P.Ouartararo t By Email and By Hand: Peter M.Mott Leslie Kanes Weisman, Chairperson Janice L.Snead 'JUL 2 4 2024 Kathryn Dalli Zoning Board of Appeals Jeffrey W.Pagano o Town of Southold Karen A.Hoeg Board of APpea'S Bernadette E.Tuthill Town Hall Annex Building Zoning Craig H.Handler 54375 Route 25 Bryan J.Drago P.O. Box 1179 Scott Handwerker Martha F.Reichert Southold,NY 11971 SENIOR COUNSEL Stephen B.Latham Re: ZBA Application No. 7902—Application Gebbia &Dunn 2146 Route 25 a/k/a 575 Condor Court a/k/a/475 Condor Court, ASSOCIATES Laurel,NY(SCTM No. 1000-127-3-6.4)& Lorraine Paceleo Terrence Russell 475 Condor Court,Laurel,NY(SCTM No. 1000-127-3-6.5) MaryKate L.Brigham Jacqueline M.Morley David L.Hamill Dear Chairperson Weisman and Members of the Board: Jessica L.Dubowski May Theobalt In furtherance of our client Gian Mangieri's continued opposition to the above- OF COUNSEL referenced application,please find attached as Exhibit A,Southold Town Justice Court Patricia J.Russell records that were disclosed to us pursuant to FOIL. These records confirm the charges Jennifer P.Nigro Joan Morgan McGivern against the Applicant in a pending Justice Court proceeding. Allison Singh SPECIAL COUNSEL We would like to draw the ZBA's attention to the representations made by Lisa Clare Kombrink Joseph A. Gebbia in a letter to the Court confirming the materiality that the Kevin M.Fox extinguished right-of-way over the Mangieri property has on the violations before the Craig Gibson Kevin Handwerker Court and the application under consideration by this Board: Marina M.Martielli Dear Honorable Powers, Honorable Ross, and i NYBLABARS Honorable Evans, t LL.MINTAXATION ♦ NY&NJ BARS O &DG BARS BARS NY, NJ I am scheduled to appear in your court on 04112123. I ■ 80C ♦ NY,NJBFLBARS have been working closely with the town to obtain Main Office building permits and certificates of occupancy for two 33 West Second St. structures located at 575 Condor Ct., Laurel. P.O.Box 9398 Riverhead,NY 11901 Unfortunately, my applications are still in review. I 631.727.2180 have provided the building department with all of the suffolklaw.com 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 �1 on the deed be ore 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 buildingpermits 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 gLny 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 . 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 i EXHIBIT A Postponement R�� U Dr. Teresa Dunn <tdunn5585@9mai1.com> Thu 4/6/2023 8:14 PM J�ol ToJustice 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. 1 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 COs at my next court appearance. Respectfully, 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 NOTICE OF APPEARAN `� /(r �1JJ -against- Ticket No. 6059-22 6060-22 Joseph Gebbia 6061-22 6062-22 Defendant. -----------------------------------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 May 5, 2023 Yours, etc Patrcc'a'c. Moom Attorney for Defendant 51020 Main Road Southold, NY 11971 (631) 765-4330 TO: Southold Town Attorney JUSTICE COURT OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK --------------------------------------------------------------X PEOPLE OF THE STATE OF NEW YORK AFFIDAVIT OF SERVICE -against- JOSEPH GEBBIA Defendant. ------------------------------------------------------------X STATE OF NEW YORK . COUNTY OF SUFFOLK ss.: 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 PO BOX 1179 Southold,NY 1]971 Via email: nauldr?southoldtuwnnv.eov and mclissam(a,southoldtownnv.eov Dated: Southold,New York May 5,2023 41.�Ut11D 1 �P Kyle'e DeFrese° Swc(m to before me on% 4ay•5y,2023 �-- 7 )".7k I of Iic f BETSYA.PERKINS Notary Public,State of New York No.0 1 PE6130636 Cualified In Suffolk CourT 2-S Commission Expires July 18, ! •T.OW' N CIF SOUTHOLD U APPEARANCE TICKET N0:6059---')., Southold,New York,11971 / Issued to: commission of the offense of: Last Name First Name M.1. MAL0 k�Q LA`r— ��75" Ce9NDo� CJu�"'". Number and Street IAL&e.ef, 44� contrary to the provisions of City or Town State Zip l 4� — 6 A /1 Section YOU ARE HEREBY directed to appear at the Justice Court, Town of Southold (Town Hall) 53095 Main Road of the code o the Town of Southold (State Route 25),Southold,New York 11971. Dated: On the day of y 20 =21- Issued and subscribed by: at I a%o o'clock in the P M. Name to in connection with your alleged Title 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 A6�X THE PEOPLE OF THE STATE OF NEW YORK, -against- INFORMATION Appearance Ticket No. 6059-22 JOSEPH GEBBIA DEFENDANT. ----------------------------------------------------------------------------X STATE OF NEW YORK ) ):SS.. COUNTY OF SUFFOLK) 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- (1) 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 Day of 6T'-2022 False statements made herein are punishable as Class"A" Misdemeanor pursuant to Section 210.45 of the penal law. 37 Notary Public ;:+. Z •, Arthur P.Bloom,Ordinance Inspector W En JUSTICE COURT AFFIDAVIT OF SERVICE TOWN OF SOUTHOLD p X Appearance Ticket(s)#THE PEOPLE OF THE STATE OF NEW YORK 61 06 0 — ZD 7— (TOWN OF SOUTHOLD) -against- 60(p,Z — zz-2 :Yose-10Iq 014;�6 A fU 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 cR j6kG-- deponent served the above Appearance Ticket(s)#(D(1_' -a -��4Gv z21 6061-ZZ1G06g--;l-upon the above-named defendant, Individual By delivering a true copy of same to_defendant,personally:deponent knew the person served to be the person described as the above therein. Suitable Age By delivering a true copy of the above to-C� SA XYL WO who is a person of suitable age and discretion Pers n and the person who indicated s/he was authorized to accept service on behalf of the above named. Said < 1 , abode)WMki4hazSM*e. De cription Deponent describes the person served as aforesaid to best of deponent's ability at the time and circumstances of service as follows: DL# 9 a`( f-16 o 3$ ( /j ) �l « state Sex: _ Age: Height: 4 Weight: Eye Color: _ Hair Color: Glasses: Other: Affixing to Door 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 Mailing 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«1„nn,n,,. Military Upon information and bgdt�t4ver fiha flay above person is not in the military service of the United States or of the State of New Yo llei s`*at g�s°de �" either Federal or State Statutes. s c +:F o .�. Sworn to before me this o7 _ ��iu�r'y'�yature C n-l," day of &kCgUZ-C .20 a ';r ':�,�,`�� . 05 �Fri$t Name: Arthur P.Bloom Notary Public ��„%�„;,;;1�+< "TOWN OF SOUTHOLD � APPEARANCE TIC ET N0:6O60 Southold,New York,11971 Issued to: commission of the offense of. � t A �D.S,EPN L`.�t�'1 Ff t.�►'+-� �� O c�,�..l.r/�AdUcs� Last Name First Name M.I. �� , —T�; (�o Aikote, Number and Street La m N l AS contrary to the provisions of City or Town State Zip IA-A— .-�� Section YOU ARE HEREBY directed to appear at the Justice Court, Town of Southold (Town Hall) 53095 Main Road of the code of the Town of Southold (State Route 25), Southold,New York 11971. Dated: On the � day of 6pe� �20 a a- Issued and subscribed by: at _o'clock in the M. Name in connection with your alleged Title 9V410A&C-4—'- 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 ------ K / THE PEOPLE OF THE STATE OF NEW YORK, -against- INFORMATION Appearance Ticket No. 6060-22 JOSEPH GEBBIA DEFENDANT. ---------------------------------------------------—------------------------X STATE OF NEW YORK ) ):SS.. COUNTY OF SUFFOLK) 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 Day of bA\&(�V,'_-:r"Z022 False statements made herein are punishable as Class"A" Misdemeanor pursuant to Section 210.45 of the penal law. Notary Public Arthur P.Bloom,Ordinance Inspector 7- 4:7JZ JUSTICE COURT AM.>-1VIT OF SERVICE ' TOWN OF SOUTHOLD c� X Appearance Ticket(s)# a Z THE PEOPLE OF THE STATE OF NEW YORK d 0 0 _ y (TOWN OF SOUTHOLD) 6 0(,1 zzz -against- 04p R — --A ef�ysa LA Defendant Y X STATE OF NEW YORK ) )SS.: COUNTY OF SUFFOLK ) 1,Arthur P.Bloom,being fu-st 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 Lg deponent 22 Coo r-�!GofPa- upon the above-named defendant, served the above Appearance Ticket(s)#(65Y--O';Z-L Individual By delivering a true copy of same to defendant,personally:deponent knew the person served to be the person described as the above therein. Suitable Age By delivering a true copy of the above to_Tr_-eESA '-X2u lJ W who is a person of suitable age and discretion Pers n and the person who indicated s/he was authorized to accept service on behalf of the above named. Said premises is the -ba*a .i f d &' Q +. i piss@ O L __) jg(ee -t d...eRing he r,i t pine. of De cription Deponent describes the person served as aforesaid to best of deponent's ability at the time and circumstances of service as follows: DL# 9 V j f-16 Q 3 8 T ( AJY ) �� state Sex:_F Age: Height: ;✓1 4 Weight Eye Color: Hair Color. Glasses: Other: Affixing to Door 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 Mailing 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. ,,,HtUl�n,,,r Military Upon information and bgh� c Silbr Qa rf tltg above person is not in the military service of the United States or of �, ,.......... r the State of New Yo>`� 0� 4)i�,As s°dep either Federal or State Statutes. Sworn to before me this o7 _4k AS / *Iture 6" day of AV`C�cSt,SZ ,20 oZ a = Print Name: Arthur P.Bloom Notary Public T.OV' N OF SO UTHOLD APPEARANCE I ICOKET- No:6061 - Southold,New York,11971 Issued to: commission of the offense of. ACA01/1 GAB to ICUL.NLOG Pb 1 WA: U•t ► Last Name First Name M.I. p--N CONwp-, cOu.or Number and Street "ttpstl Aj�j jj 4A-A contrary to the provisions of City or Town State 71p Section `C"T\ , (� jl* i`J /-"l YOU ARE HEREBY directed to appear at the Justice Court, Town of Southold (Town Hall) 53095 Main Road of the code of the Town of Southold (State Route 25), Southold,New York 11971. Dated: �oZ On the -0 day of + 20 Issued and subscribed by: at ado o'clock in the1_M. Name in connection with your alleged Title t�1 A0C.. P� r� IF YOU FAIL TO APPEAR ON THE DATE AND TIME INDICATED, A CRIMINAL SUMMONS OR WARRANT FOR YOUR ARREST MAY BE ISSUED. /r �1 f STATE OF NEW YORK: COUNTY OF SUFFOLK LOCAL CRIMINAL COURT:TOWN OF SOUTHOLD THE PEOPLE OF THE STATE OF NEW YORK, -against- INFORMATION Appearance Ticket No. 6061-22 JOSEPH GEBBIA DEFENDANT. -----------------------------------------------------------------------------X STATE OF NEW YORK ) ):SS.. COUNTY OF SUFFOLK) 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 and renovation of a bsrn 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 Day of 2022 False statements made herein are punishable as Class"A" Misdemeanor pursuant to Section 210.45 of the penal law. Notary Public �Vl.• •• ` , '•�,, Arthur P.Bloom,Ordinance Inspector ..q�• O''`•t,tom''. •.!•,�i`- . '�. •- ,tip, • / 1 JUSTICE COURT -` AFF10a VIT OF SERVICE TOWN OF SOUTHOLD X Appearance Ticket(s)#THE PEOPLE OF THE STATE OF NEW YORK 01060 (TOWN OF SOUTHOLD) / (9 p&t Z -against- (�p(*a -- �- Defendant io V 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 O� JOAZOL- deponent served the above Appearance Ticket(s)#(D(�-02L 4P060••221 foact-z•z1�upon the'above-named defendant, Individual By''delivering a true copy of same to defendant,personally:deponent knew the person served to be the person described as the above therein. Suitable Age By delivering a true copy of the above to Tir' 5A 'Za Q0 who is a person of suitable age and discretion Person and the person who indicated s/he was authorized to accept service on behalf of the above named. gaid c dant � D cription Deponent describes the person served as aforesaid to best of deponent's ability at the time and circumstances of service as follows: DL# 9 a q C 1l o 3 8� (_J) state Sex:_E_ Age: Height: � �c Weight: Eye Color: Hair Color: Glasses: Other: Affixing to Door 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: firs Date: Approximate Time: firs Date: Approximate Time: hrs Mailing 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. Military Upon information and bgk Jt*rQaf above person is not in the military service of the United States or of the State of New Yo44�"gs°de` "yi either Federal or State Statutes. Nor.co`� 'y� Sworn to before me this o-7 _ ,. �y m6ature day of AQXCet US ,20 oZ a o F�=,°P`'e2sG5 ,.'Pr= Name: Arthur P.Bloom TOWN OF SOUTHOLD APPEARANCE i iL;KET No:6062-a' Southold,New York,11971 Issued to: commission of the offense of. A002// Last Name First Name M.I. T'`yyrG/J 415 co'ki.Aop'f Cwgy Number and Street IIAW18i— Nq J 1g419 - contrary to the provisions of City or Town Slate Tip �!►� &— 1� k-C' Section �C`" YOU ARE HEREBY directed to appear at the Justice Court, Town of Southold (Town Hall.) 53095 Main Road of the code of the To n of Southold (State Route 25), Southold,New York 11971. Dated: On the day o f-- 20 Issued and subscribed by: at [�30/ o'clock in the M. Name _ in connection with your alleged Title IF YOU FAIL TO APPEAR ON THE DATE AND TIME INDICATED, A CRIMINAL SUMMONS OR WARRANT FOR YOUR ARREST MAY BE ISSUED. J STATE OF NEW YORK: COUNTY OF SUFFOLK LOCAL CRIMINAL COURT:TOWN OF SOUTHOLD AOP�/ --X THE PEOPLE OF THE STATE OF NEW YORK, -against- INFORMATION Appearance Ticket No. 6062-22 JOSEPH GEBBIA DEFENDANT. ----------------------------------------------------------------------------X STATE OF NEW YORK ) ):SS.. COUNTY OF SUFFOLK) 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 ±Day of• L16_J(T—2022 False statements made herein are punishable as Class"A" Misdemeanor pursuant to Section 210.45 of the penal law. Notary Public Arthur P.Bloom,Ordinance Inspector .Sa,te....f1j , 10 UGC��`.C�r: •i,•� 1 ;06— JUSTICE COURT - AFY - - VIT OF SERVICE 'TO"OF SOUTHOLD X Appearance Ticket(s)# THE PEOPLE OF THE STATE OF NEW YORK d 0 (TOWN OF SOUTHOLD) 6 o&1 z -against- �- �� G1:;�68 (A Defendant X 1, 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 I6-19L-,deponent served the above Appearance Ticket(s)#6667-09'4060 221&06/-2z 16069-7-upon the above-named defendant, Individual By delivering a true copy of same to-defendant_,personally:deponent knew the person served to be the person described as the above therein. Suitable Age By delivering a true copy of the above to Tr--P—r-SA I�u OW who is a person of suitable age and discretion Pers n and the person who indicated s/he was authorized to accept service on behalf of the above named. Said pmalises< , De cription Deponent describes the person served as aforesaid to best of deponent's ability at the time and circumstances of service as follows: DL# a`� ''16 o 3 8 ( state Sex:_E_ Age: Height: r �� Weight: Eye Color: FP- Hair Color: Glasses: Other: Affixing to Door By axing 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 Mailing 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. tt11,1 u r n,np Military Upon information and bp)i*u*r,t)�af'*above person is not in the military service of the United States or of �. ,.......... the State of New Yohl€���(0-69f�'�^rg7.Ppal i either Federal or State Statutes. NQT .0.'9� Sworn to before me this a7 °9y'm8Iuature 6- " ' J3L1C day of A\.1,(Z t ,20 a �E2JCSe :'Pridt Name: Arthur P.Bloom r�`- 2a Notary Public AoQ'V EXHIBIT B Print -or Type : TOWN OF SOUTHOLD. HIGHWAY DEPARTMENT % Office use only PECONIC LANE a' File #: PECONIC, NEW YORK 11958 Permit #: v- PERMIT & BOND APPLICATION FOR ACCESS THROUGH TOWN OWNED PROPERTY 1 J 1 �;,1 � I 1 ) /� / i"L �: ! ��� �i re/` �' �1.,16 Irw';rl.` �F� l'.i'�r.-r k'_�� _ X4 . 1 I j t j Y' (Name of Applicant ) (Address) (Name & Address of Contractor Involved) 3) /7,1 75- C (. �G/Z C -/4 < , i C 1000-!2 7 -3 - L► r Z. (Project Location) (S.C.T.M. #) 4) C 0/1JJ64 C: (3Lc 1�- (- ,,irG • (Name of Road or Town Property Involved) (Hamlet ) 5) (Brief Job Descriptlion ) L=r"�,✓ 2,1 -,1066 Te 6) Sta ting Date: E=f-x- Completion Date: ) 115711 7 ) Estimated Cost of Proposed Work: 8) Insurance Coverage: 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. Insurance Agent Name & Telephone # D. Policy # : E. State whether policy or certification is on file with the Highway Department : ( If no, Provide' a copy with Application) (yes/no) If (Signature of Applicant ) (Date) - - To be completed by the Superintendent of High ay Bond Amount e-0 Required: (Si gna e) uFFoc ����s nt John Holzapfelp Vice PreAlbert J. Kruski, sident ti���Os y Town Hall 53095 Main Road Jim King W P.O. Box 1179 Martin H. Garrell p Southold, New York 11971 Peter Wenczel Telephone (516) 765-1892 Fax (516)765-1823 BOARD`OF TOWN TRUSTEES TOWN OF SOUTHOLD April 23, 1996 Nicolo DeBartolo 2146 Main Road Laurel, NY 11948 RE: SCTM #1000-127-3-6.1 6.2 Dear Mr. DiBartolo: Enclosed please find your dheck in the amount of 2,000.00, representing the bond for the end of Condor Ct. Also, please find the report from the Town Engineer recommending release of the bond. If you have any questions, lease do not hesitate to contact this office. Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK:jmd cc: Town Engineer UFNit RAYMOND L. JACOBS °� JAMES A. RICHTER, R.A. SUPERINTENDENT dp = ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT • PECONIC LANE, PECONIC, N.Y. Fax. (516)-765-1750 y�01 Qt' Tel. (516) -765-3070 OFkICE OF THE ENGINEER '0 TOWN OF SOUTHOLD � 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, NewiYork SCTM # 1000 - 127 - 03 - �.1 Dear Mr. Krupski: j i As per your request, I hake inspected the driveway construction at the above referenced location. All of the work performed at this location is considered to be satisfactory and meets the minimpm requirements of the Highway Specifications. It is therefore recommended that the Bond, posted with your office for the above referenced work, should be released. The mountable concrete curbing u at the entrance of the driveway has not been removed. If the owner ever intends to remove any sections of this curbing or decides to make any other improvements within the town right-of-way, it will be his responsibility to do the work. If any sections of guarp 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 the Superintendent of Highways prior to any work or construction. If you have any questions concerning this report, please contact my office. cerely, r' i James A. Richter, R.A. cc: Raymond L. Jacobs (Superintendent of Highway) i gu�Fot� �G�O Albert J. Krupski,President �p�0 COG Town Hall John Holzapfel,Vice President y a 53095 Main Road Jim King c P.O. Box 1179 Martin H. Garrell 2 .F Southold,New York 11971 Peter Wenczel y'T►�1 Telephone(516)765-1892 Fax (516)765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: James Richter, R.A. FROM: Southold Board of Trustees RE: Nicolo DeBartolo; SCTM #127-3-6.1 DATE: March 27, 1996 Can you please inspect the above referenced driveway construction and let us know if it meets Highway Sepcification so we can release the bondi If you need further inform4tion, please do not hesitate to contact this office. � 7IP1y/4 712-4# .F PATRICIA C. MOORE Attorney at Law Received 51020 Main Road Southold,New York 11971 JUL 2`5 2024 Tel: (631) 765-4330 Zoning eoard Of Appeals Fax: (631) 765-4643 Betsy Perkins Paralegal Kylee DeFrese Erin Fauteux July 24 ,2024 Southold Town Zoning Board of Appeals Southold Town Hall Annex 54375 Main Road Southold,NY 11971 By Hand Re: Lot Recognition 1000-127-3-6.2 & 6.3 (now 6.4 & 6.5) Dear Chairperson Weisman and Members.of the Board: The applicant has.submitted proof that the one acre lot was legally created in accordance with practices used by the Town of Southold at the time of the lot's creation, and should be recognized by the building department. The lot recognition law sets forth a list of the.means by which a created lot would be recognized.by the Town. The list includes lots created by subdivision, lots created by zoning board action and lots that had been created by a deed recorded prior to June 30, 1983 (known as"described parcels"). The list is not the only means by which lots are created, and which must be recognized. Lots can be"created"by a Supreme Court action in a"Partition Proceeding" in accordance with Article 9 of the New York Real Property Actions and Proceedings Law or by "Eminent Domain" an action undertaken by a municipality to acquire the property (or a portion of it) from another. The Board addressed the "lot recognition"issue over the years and in, at,least,.the following two cases: In Orient the subject parcel did not fit neatly in the list set forth in the Town's lot recognition local law. In this instance, the State of New York acquired land in Orient, leaving behind undersized lots which the building department did not recognize. (See Exhibit A. In Patricia C. Moore Attorney at Law Re: Dunn and Gebbia SCTM 1000-127-3-6.2 and 6.3 Bernadette Strachan, Estate of Stuart Strachan and Kenneth Strachan Jr., ZBA appeal#7078 dated March 15, 2018). The Building Department did not recognize a lot because it did not meet one of the inumerated methods of creation.. The Strachan lot had been partially condemned by the New York State Department of Environmental Conservation leaving behind an understized lot not matching a previously approved subdivision. An appeal of the Building Department's determination was made. The Board overturned the Building Department determination, recognizing that the lot was a legal non-conforming lot, and finding that the Planning Board subdivision was not required, and no lot size variance relief was required. Eminent Domain is not one of the listed methods of lot recognition, yet the Board reviewed the application and overturned the building department's determination. The Strachan lot was deemed a"recognized lot"and eligible for a building permit. In Mattituck a 3.5 acre waterfront lot which was described by separate tax map number was not recognized by the building department because the conforming lot did not meet any of the listed criteria for"lot recognition". The parcel was part of a large farm south of Soundview Avenue. The 3.5 acre lot was located north of Soundview Avenue and had been"created"by the laying out of Soundview Avenue. In Jujax Partners LLC, (ZBA appeal#6891)the building department did not recognize the parcel,the land was in contract to be sold and the purchaser could not get a building permit to construct a single family home. Specifically, there was no deed for the described 3.5 acre waterfront lot recorded prior to 1983. The Krupski family had owned from the Main Road to the Long Island Sound in 1919 and the road had been laid out in 1933,however,the first deed which described the 3.5 acre subject lot was dated August 21, 1996. The contract vendee requested that the Zoning Board reverse the building department and recognize the lot. The Board granted the relief requested notwithstanding that the lot was not created by the enumerated standards of Article II, Section 280-9A and B. (See Exhibit B Jujax Partners LLC, ZBA appeal#6891 dated November 19, 2015) In addition to the examples provided above,there have been parcels conveyed or "created" in last wills and testaments. This method was particularly common with large parcels in farm families. The New.York Court Surrogate's Court has all the powers.that the Supreme Court would have in like actions and proceedings. The Surrogate's Court,typically thought of as handling the administration of trusts and estates,has far greater jurisdiction,but not limited to "such incidental powers expressly conferred necessary to carry into effect all powers expressly conferred herein" Surrogates Court Procedure Act 209. In 1984 the estate of Mary Diachun was the subject of an administration proceeding, the separate parcels owned by Mary Diachun were included in the administration proceding. The administration proceeding described each parcel by Suffolk County Tax Map number 1000, Section 127, Block 3, lots 9, 6.1 and 6.2- at Laurel, Town of Southold, Suffolk County, New York. New York State Estate tax was collected for the value of each parcel. The Estate of Mary Diachun specifically listed, separately appraised, and distributed to the heirs the i Patricia C. Moore Attomey at Law �"1 Re: Dunn and Gebbia SCTM 1000-127-3-6.2 and 6.3 parsels which were identified by the respective tax map numbers. The separate lots are all listed and described on the New York Estate Tax form (See Exhibit C): 1. "House and real property off of Route 25, Laurel New York,Town of Southold, Suffolk County Tax Map Dist. 1000, Sec.127, Block 03, Lot 6.2" and collected estate.tax based on a date of death value in 1984 of$38,500.00 2. Vacant land at Brushes Creek, Laurel,New York, Town of Southold, Suffolk County.Tax Map Dist. 1000, Sec.127,Block 02.00, Lot 009.000 and collected estate taxes based on a date of death value in 1984 of$40,000.* (land was sold to Town of Southold as open space) 3. Vacant land, Laurel,New York, Town of Southold, Suffolk County Tax Map Dist. 1000, Sec. 127, 131.03.00,Lot 006.100 (collected estate taxes based on a date of death value in 1984 of $45,000.000). The lots were appraised as separate parcels,paid Estate Taxes on the separate parcels, and in 1994 sold to DiBartolo as separate parcels in one deed. DiBartolo throughout their period of ownership treated the two parcels separately. The barns on the farm were left in disrepair but the house was reconstructed and expanded significantly using only the one acre parcel as the zoning setbacks. We have submitted documentary proof that the Gebbia&Dunn one acre parcel qualifies to be a"recognized lot." Our submission dated May 23, 2024 provides the chronology of the lots from when the Diachun family acquired the land in 1924, how the Town and County of Suffolk identified and documented the parcels through tax map designations and separate tax assessment, and how the Diachun family used the two parcels independently. The sons ran the farm parcel and the.mother lived in the house until her death. We have provided the relevant portion of the Surrogate's file which show that the lots were appraised separately and estate taxes were collected for the separate lots. In our May 23, 2024 letter we list the numerous regulatory permits issued which treated the parcels separately; DiBartolo obtained several building permits for the house between 2002 and 2006 and a Special Exception approval for a B&B in 2003 on the one acre. The building department issued in 2002 a permit for a large renovation and addition to the house on tax map . 6.2 (now 6.5) (BP#28462) and in 2003 a building permit for a second floor addition to the house was issued(BP#28462) . In 2008 Joe Gebbia and Teresa Dunn,were issued a pool permit (BP#33717). Each application to the Building Department and the approval issued by the Zoning Board were only for the one acre lot. In addition the Trustees and DEC issued their wetland permits for the alterations to the house on one acre. Patricia C. Moore Attorney at Law Re: Dunn and Gebbia SCTM 1000-127-3-6.2 and 6.3 In addition, during that Special Exception proceeding the Board was presented with a claim that the one acre had merged to the farm lot. The DiBartolo attorney refuted the claim because the lot was one acre, exempt from merging, and the Board granted the Special Exception bed and breakfast for the house on the one acre lot. Lot creation and recognition: another example is the Mangieri parcel. In our June 25, 2024 submission we provided documentary proof that the Mangieri properties were created as tax lot numbers and recognized by the Town; the Mangieri undersized lot(Tax lot 18),was similarly created from a larger farm, given separate tax lot numbers by the assessor. The Mangieri property was NOT created by a deed dated prior to June 30, 1983. The only difference between the Gebbia&Dunn one acre lot and the Mangieri undersized lot was that the Mangieri lot"merged"to the adjacent farm lot. The Mangieri lot was merged, but how it was "created"was never addressed. The area variance was granted without a determination of "lot recognition". The Building Department and Zoning Board presumed that the lot which was merely identified by a separate tax lot number was a recognized lot meeting the standards of Town Code 100-25. The Town's treatment of the Mangieri vacant lot is further proof for the Gebbia&Dunn application that lots were created by the Assessor's and the County's assignment of a tax map number. The weight of the evidence in support of the Gebbia&Dunn lot creation and recognition corroborated by the regulatory permits and Board Actions that were issued for the Gebbia&Dunn parcels, where the Mangieri parcel had never been developed. We stand by the case law sited: Cuffaro v. Zoning Board of Appeals of the Village of Bellport(Index#62045 3/202 1) which affirmed Lund v. Edwards, 118 AD2nd 574 (2d Dept. 1986) where the town sanctioned the subdivision done by deed by issuance of building permits for the two lots, whether or not it had complied with the subdivision regulations when created. The farm was recognized as a separate parcel from the house parcel since 1969 and thereafter issued separate tax map numbers by the County and permits by the Town,the County and the State. "Lot recognition"under code section 280-9 (A) (1) is not applicable in this case. New York case law, and this Town's actual practices should prevail. You received from Mr. Mangieri's attorney continued opposition to the application based on the Town of Southold Justice Court files. There is nothing new in this file. The applicant filed building permits for the structures on the farm, the lot recognition issue was raised and initially addressed with the building department and the Town Attorney's office. The Town Attorney advised the building department to issue the notice of disapproval for your Board to review and determine. This application was brought in good faith inorder to give the building department the ability to issue the building permits which have been sitting in their files. If the lot is recognized the Justice Court case is resolved. Condor Court is the legal access for the one acre lot which is the subject of this appeal. The right of way is expressly granted in the DiBartolo deed and then expressly described in the Gebbia deed. Whether this right of way was \1 Patricia C. Moore Attomey at Law Re: Dunn and Gebbia 1 SCTM 1000-127-3-6.2 and 6.3 extinguished will be for a New York Supreme Court to determine. Because of the Justice Court case, the building department will not issue any building permits. They will not even issue building permits to the applicant to replace structures with CO's. The applicant has been at a stand-still for years. If the Board grants the lot recognition the applicant can obtain building . permits for repairs to their house. They have a legal second floor deck on the house which is not safe and can not be used, it must be replaced, but the applicant can not get a building permit to do this work. This Board's action will not resolve the legal status of the right of way,however,the one acre lot will be cleared for permits to maintain the existing structures. Thank you for your courtesies and patience. �cFiaC. Veirs, Moore Cc: Julie.McGiveney, Esq., Southold Town Attorney's Office (via Email) Martha F. Reichert, Esq. (via Email) ,�py r ® BlumhergExcelsior®,Inc.,NYC 11241 www.blumberg.com 30%P.C.W. Reorder No.5105 r BOARD MEMBERS QE s4Ul Southold Town Hall Leslie Kanes Weisman,Chairperson �� yp! 53095 Main Road P.O.Box 1.179 Southold,NY 11971-0959 Patricia Acampora st Off ice Lncaticin: Eric Dantes G Q Town Annex/First Floor,Capital One Bank Gerard P.Goehringer0 ,�a�� 54375 Main Road(at Youngs Avenue) Nicholas Planamento l�o Southold,NY 11971 http://sou tholdtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD }U�(] Tel.(631)765-1809•Fax(631)'765-9064 = gl�iYl't� FINDINGS,DELIBERATIONS AND DETE113RNATIUN MEETING OF TvLARCI-I 15,2015 ,' 5 � tf�alcl To!vn Clcrtc Z13A FILE#7078 NAME OF APPLICANT: Bernadette Strachan,Estate of Stuart Strachan and Kenneth Strachan Jr. PROPERTY LOCATION: 51020 Main Road, Southold,NY 11971 SCTM No. 1000-274-9.4&9.5 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY_ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 13, 2017, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268,Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards, The LWRP Coordinator issued a recommendation dated September 1, 2017. Based upon the . information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PLANNING BOARD DETERMINATION: In a memorandum dated August 22, 2017, the Planning Board supports the requested variance because one of the proposed. lots is owned by the.NY DEC, and the proposed subdivision will not create any additional development beyond what was approved by prior Planning Board subdivision approval on February 23, 1987. NEW YORK. STATE OF DEPARTMENT ENVIRONMENTAL CONSERVATION DETERMINATION: In an emailed letter dated October 11, 2017 the New York State Department of Environmental Conservation(NYSDEC) stated that the subject parcel was the subject of a condemnation proceeding and that the applicant was "compensated $4,000 (per acre price of the land taken) and severance damages of$96,000 (reduction in value of the remainder lot for losing its waterfront)." A letter from the DEC dated January 11, 1991 advises that"pursuant to section 3-0305 of the Environmental Conservation Law and Eminent Domain Procedure Law upon filing a certified copy of the description and map in the Office of the Clerk of Suffolk County on October 26, 1990, the People.of the State of New York acquired title"to a portion of the applicant's property(hereinafter"DEC land"). Attached to the NYSDEC letter is a map identifying the DEC Land and the area that remained in possession of Margaret L. Strachan ("the Strachan Property"). The map entitled, Project: E-TWL, Suffolk 13, Long Beach Bay Tidal Wetlands"last revised May 10, 1990 was approved by the NYSDEC on October 3, 1990. Page 2,March 15,2018 #7078,Strachen SCTM No. 1000-27-4-9.4&9.5 PRORERTY FACTS/DESCRIPTION: The Strachan Property is a nonconforming 83,283 square foot lot located in an R-200 zone. The parcel runs 277.66 feet along Narrow River Road, 275 feet on the East side,288.10 feet on the South side, and 289.61 feet on the West side. . The DEC Land is a 56,307 square foot parcel located West of Strachan property. All is shown on a survey by Roderick Van Tuyl, last dated February 26, 1987, and stamped approved by the Planning Board on February 23, 1987. BASIS OF AI P_LICATION: Request for a Variance under.Article III, Section 280-14 and the Buildintp g Inspector's March 24,2017,Amended November 30, 2017 Notice of Disapproval based,on a proposed subdivision application to 1. legalize two unrecognized non-confoiining proposed residential lots having less than the required 200,060 sit. ft. in area at: 310 Narrow River Road,(Adj. to Orient Harbor)Orient,NY. SCTM#1000-27-4-9.4& 1000-27-4-9.5. RELIEF REQUESTED: The applicant requests a variance to legalize the Strachan Parcel and subdivide it from the DEC Land, which would result in the Strachan property having a non-conforming lot size of 92,521 square feet where a minimum of 200,000 square feet is required by code. ADDITIONAL INFORMATION: Several Orient residents spoke against the application. The Board of Appeals received written letters and verbal testimony stating that the parcel is in an environmentally sensitive area and that development of the property will be detrimental to the environment and will not conform to the Town's zoning code. The letters and testimony also stated.that the applicant's parcel does not meet the size criteria needed in an R 200 zoning district. Further, the written submission and verbal testimony argued that approval of a dimensional area variance for the non- conforming size of the building lot does not meet the threshold for approval when considering.the standards of area variance review. The applicant is a contract-vendee to purchase the subject property from the current owners. In written submissions, and.at the hearing.on January 18`i', an attorney for the current owner of the subject property argued that: 1)the subject property was a recognized ized lot;2) that the condemnation of a.portion of the subject property did .not affect the,legality of the lot; 3) no subdivision is necessary to separate that.portion . the subject property that was taken by the -DEC .arid that portion that remained under the ownership of the current owner; (4) since no subdivision is necessary, and therefore no variance required, the decision of the Building Inspector should be overturned and the ZBA should determine that the subject property is a legal recognized lot. FINDINGS OF FACT/REASONS.FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 7,2017 and January 18, 2018. at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Beginning in 1987, the NYSDEC started working on the :requisition of approximately 460 acres of tidal wetlands in the hamlet of Orient. The Project was called the"Long Beach Bay, Project E=TWL Suffolk 13. The acquisition was limited to unbuildable wetlands leaving buildable portions unaffected. The subject parcel is a portion of what was Lot 1 of the Subdivision of Ken Strachan in Orient, approved by the Planning Board on February 23, 1987. 2. In 1990 the New York State DEC filed a condemnation proceeding pursuant to Section 3-0305 of the Environmental Conservation Law and Eminent Domain Procedure Law to form what has previously been identified as the Strachan property and the DEC Land. Page 3,March 15,2018 ` #7078,Strachen SCTM No. 1000-27-4-9.4&9.5 3. Section 3-0305 of the Environmental Conservation Law and Eminent Domain Procedure Law does not require the NYSDEC to request local municipal approval.before taking possession of land. The law requires the NYSDEC to file a certified map with the local county. The required map, entitled Project :E-TWL, Suffolk 13,Long Beach Bay Tidal Wetlands" last revised May 10, 1990 was approved by the NYSDEC on October 3, 1990 The NYSDEC filed the.c6tiFied map with Suffolk County on October 26, 1990 satisfying the statute. 4. The Strachan Property is a previously recognized,legal non-conforming lot located in an R-200 zoning district. 5. The actions by the NYSDEC in taking a portion of the subject lot did not affect the status of the property as a legal building.lot and therefore the Strachan property is a recognized building lot that was approved by subdivision on February 23, 1987. 6. Since the Board of Appeals has determined that the Strachan Property is a recognized building lot the requested relief is not necessary. RESOLUTION .OF THE BOARD: In considering all of the above, motion was offered by Member Weisman (Chairperson),seconded by Member Dantes,and duly carried, To OVERTURN THE NOTICE OF DISAPPROVAL dated November 30, 2017 upon the grounds that the subject lot is a legal non-conforming lot and Southold Town Planning Board'subdivision approval to separate the Strachan Lot from the DEC Landis not necessary, and therefore,no lot size variance relief is necessary.. Vote of the Board: Ayes:Members Weisman(Chairperson),Goehringer,Dantes,Acampora,and Planamento. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing / /2018 ® BlumhergExcelstor®,Inc.,NYC 11241 www.blumberg.com 30%P.C.W. Reorder No.5105 y JOE) /a-G P�4 11/511s /1)167/ls-- BOARD MEMBERS , �F SCUT Southold Town Hall Leslie Kanes Weisman,Chairperson �� yp 53095 Main Road-P.O.Box 1179 h0 l0 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning ® �Q 4 75 Main Road(at Youngs Avenue) Kenneth Schneider �y��U ,� Southold,NY 11971 R CE IVED http://southoldtown.northfork.net + /.4 ZONING BOARD OF APPEALS NOV2 4 2015 TOWN OF SOUTHOLD • Tel.(631)765-1809-Fax(631)765-9064 eUtWldTown Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 19,2015 ZBA FILE:#6891 NAME OF APPLICANT: JuJax Partners,LLC SCTM#1000-94-1-11 PROPERTY LOCATION: 1975 Sound View Avenue(adj.to Long Island Sound),Mattituck SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Departmdnt of Planning issued its reply dated October 9, 2015 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is riot subject to review under Chapter 268. PROPERTY FACTSMESCRIPTION: The property is a conforming 3.7 acre parcel located in the R-80 zone district. The parcel is a water front parcel with 340.84 feet of bluff frontage on the Long Island Sound. The property runs 352.67 feet along Sound View Avenue. The property runs 473 feet on the East side and 500 feet on the West side. The property is a wooded parcel and is not improved. All is shown on a survey by Wallace T. Brown L.L.S.dated 5/3/05 and last revised 7/l/15. BASIS OF APPLICATION: Request for variance from Article H Section 280-9A&B and the Building Inspector's Notice of Disapproval dated September 8,2015 based on a building permit application for lot recognition,at; 1) subject parcel is not a recognized lot. RELIEF REQUESTED: The applicant requests that the Board of Appeals determine that the subject property located at 1975 Soundview Avenue, S.C.T.M. 1000-94-1-11, should be recognized by the Town of Southold as a. legally existing lot. BACKGROUND INFORMATION: The above 3.7 acre ldt was part of a 40 acre tract which dates back to Rupert P. Burns and Mary F. Burns to Frank and Tekla Krupski conveyance from 1919 (Liber 974 page 26). The farm that included the subject parcel extended front Main Road to Long Island Sound. The above lot was split off from the larger parcel when Soundview Avenue was laid out in 1933. In as late as 1959, the deed which included this parcel continued to describe the parcels as two parcels(a 40 acre tract and a 20 acre tract). The 3.7 acre parcel in question did not show up as a described parcel in any deed prior to 1983. The first deed with the described 3.7 acre parcel was conveyed from Joseph P. Krupski and Catherine M.Krupski dated August 21, 1996 (Liber 11789 page Page 2 of 2—January 19,2015 ZBA#6891—JuJax Partners,LLC SCTM#1000-94-1-11 893)to Catherine M.Krupski. Thereafter the lot was sold to Gerald A.Weber on September 18,2002. The parcel has continued to be described as a 3.7 acre parcel north of Soundview Avenue and south of the Long Island Sound. FINDINGS OF FACT/DETERMINATION: The Zoning Board of Appeals held a public hearing on this application on November 5,2015 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. This parcel was created in 1933 when it was split off of a larger parcel. The parcel was split when the Town of Southold created Soundview Avenue. The highway superintendent Harold Price laid out the road with the consent of the Town Board of Southold and the owner of the property. This lot has remained as it is today since 1933. Moreover the lot is a conforming 3.7 acres in a two acre zoning district(R80 zone). The lot was created prior to zoning or any subdivision regulations. 2. The Town Code Article II Section 280-9 "Lot recognition"when it was adopted did not anticipate how the definition affected conforming pre-existing lots. 3. The lot is a conforming size for the zone district it is located in. RESOLUTION OF THE BOARD: In considering all of the above factors, motion was offered by Member Dantes, seconded by Member Horning,and duly carried,to Determine that the subject lot known as SCTM#1000-94-1-11 (1975 Soundview Avenue Mattituck, NY) is a recognized lot: Vote of the Board.- Ayes: Members Weisman (Chairperson), Horning, Dantes, Schneider, Goehringer. This Res was duly ado p ed(5-0). Leslie Kanes Weisman,Chairperson Approved for filing l� l a� /2015 TOTAL PLOT AREA: 161.246t S.F. OR 3.70tACRES f FILE NO: 02-301 ELEVATIONS 01 NGVD 1929 501311O `ONO ZIA U tOr 6'54 6 _ * ' 1 1\ iH DEAN P111 WATER LINE BOTTOM OF BLUFF `BUIILHEAD 81'E FINAL MAP REVIEWED BY ZBA __:-____ SEE DECISION# 8 1 -____�':; `—TO'OF BLUFF DATED 11 / 19 ! OL "i' / / d 62--- \` 1 � uVL I I PC l I n r / } E, 0 1 5 y' = b / VGN ""- 7y,�y tot 90OQZ � pOLV•�s//�t,P� pv�E� '�� _ ' 00 1 a1fT0 - ut6 vA l� - NO DATE ITEM �q I. 5/3/95 ,100'BUFFER LINE 2. 5/3/05 2'CONTOURS ADDED THE EXISTENCE OF RIGHT Or VAYS AND/OR EASEMENTS OR RECORD,IF ANT.HOT SHOWN ARC HOT GUARANTEED 3. 5/I5/05 POND/100'SETBACK LINE THIS SURVEY WAS PREPARED IN ACCORDANCE VITH THE EXISTING CODE OF PRACTICE FOR LAND SURVEYORS ADOPTED RECEIVED 4• 11/18/05 WETIMOS FLAGGING LOCATION BY THE NEW YCRK STATE ASSOCIATION OF PROFCSSOC AL LAND SURVCYORS. 5. T121/06 -EXTEND CLEARING UMITS LINE LINA411NORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VICLATICH OF SECTION 7209 SUBDIVISION 2 OF THE SEP 3 0 2015 6. 5/21/13 UPDATE SURVEY NEW YORK STATE EDUCATIOM LAW. COPIES O'THIS SURVEY PAP NOT DEMING THE LAID SURVEYOR'S INKED SEAL 7, 7/1/15 REVISED OR CHBDSSCD SEAL SHALL NOT BC CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS IIIDICATED HE EON ZONING BOARD OF APPEALS SHALL RUN OILY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED.AND 111 HIS BEHALF TO THE.TITLE COWANY•GOVERIMNTAL AGENCY AND LENDING INSTITUTION LISTED HEREDH AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, CERT6ICATI@R ARC NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSCOUENT OWNERS. S.C.T.M. # DIST: 1000 SECT: 94 BLK: 1 LOT: 11 Wallace T.Bryan MAP NO: DATE: NoncE THIS DRAWN GI PREPARED FOR THE SPECIFIC ;�;r,�•vCp.T: Licensed LandSwveyor MAP OF: DESCRIBED PROPERTY PROJECT ITIOICATED.IS AN INSTRUMENT OF /•;`,, _ :Y��•� SERVICE AN O THE PROPERTY OF BU%N. .. WIMAINING THE RCCOROS Of LOCATION: MATTITUCK BRYAN,L.S.•P.C..CIFRINGEMENT OR ANY USE i1 BVAYaN,B[HAwDT t SUITH OF THIS DRAW4MG FOR ANY OTHER PROJEC' II TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK IS PROHIBITED.ANY ALTERATION OR REPRODUCTION OF THIS DOCUMENT IS ALSO 559MiddleRoad SURVEYED: SEPTEMBER 10, 2002 PROHIBITED N1IHOUT THE WRITTEN CONSENT OF THE SURVEYOR/ETIGINEER. '�•'+'`N::T^.-� •�` BaypoFyNewYork11705 CERjJ• EFI D TO: JUJAX PARTNERS. LLC (631)472.1770 ABSTRACTS. INCORPORATED TITLE # 563—S-14089 Far 472-1TJ7 SEP 0 ZW5 FORM NO.3 Z0141f3G BOARD of APPEALS NOTICE OF DISAPPROVAL DATE:September 8,201 01, TO: Patricia C.Moore(Weber) 51020 Main Road Southold,NY 11971 Please take notice that your application dated August 17,2015 For a determination of lot recoggition at Location of property: 1975 Soundview Avenue, County Tax Map No. 1000—Section 94 Block 1 Lot 11 Is returned herevmth and disapproved on the following grounds: Pursuant to Article II Section 280-9A'.,A lot created by deed or Town approval shall be recognized by the Town if any one of the following standards apply and if the lots have not merged: (1)The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30, 1983, and the lot conformed to the minimum lot requirement(s)set forth in Bulk Schedule AAf 11 as of the date of lot creation. (2)The lot(s)in question is/are approved by the Southold Town Plannin Bg oard. (3)The lot(s)in question is/are shown on a subdivision may approved by the Southold Town Board prior to June 30, 1983. (4)The lot(s)in question is/are approved and/or recognized by formal action of the Board of Appeals prior to June 30, 1983. The xgfEe -in •uestion oes not meet ggy of the above re uirements and therefore is not a recoggized lot. L z 12 Authorized i afore Note to Applicant:Any change or deviation to the above referenced application may require further review by the Southold Town BuddingDepartment CC: file,Z.B.A. RECEIVED fee:$ Filed By: Assignment No. SEP 3 205 OF APPEALS Y APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No._1975 Soundview Avenue Hamlet Cutchogue SCTM 1000 Section 94 Block 1-Lot(s)11 Lot Size 3.7 acres Zone AC I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED September 8,2015 BASED ON A MAP dated September 10,2002 prepared by Wallace T.Bryan licensed land surveyor Applicant(s)/Owner(s)_JUJAX PARTNERS,LLC Mailing Address c/oPat Moore 51020 Main Road,Southold NY 11971 Tel: 765-4330 Fax#: 765-4663 Email:pcmoore(a)mooreattvs.com NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder, contract vendee,etc.and name of person who agent represents: Name of Representative: Patricia C.Moore Esa. for(X)Owner,or ( )Other: _ Agents Address:51020 Main Road,Southold NY 11971 Telephone 765-4330 Fax#:765-4643 Email:pcmoore@mooreattys.com Please check to specify who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or E Authorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED September 10,2002 and DENIED AN APPLICATION DATED August 17,2015: X Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use ❑Permit for As-BuftConstruction S Other:_(Article H,Section 280-9A:Lot Recognition) Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal, X has not been made at any time with respect to this property UNDER (Please be sure to research before completing this question or call our office for assistance.) 62 RECEIVE® Name of Owner:JUJAX PARTNERS,LLC ZBA He# Z015 REASONS FOR APPEAL(additional sheets may be used with preparer's signature): ZONING BOARD OF APPEALS AREA VARIANCE REASONS. We ask that the Zoning Board of Appeals, in writing, find that no application for an interpretation is required because the lot pre-dates the lot recognition section of the Town Code, and therefore "lot recognition" is not applicable to this parcel. Or pursuant to an interpretation,that this parcel is a recognized parcel which would be entitled to a building permit. FACTS: The above 3.7 acre lot was part of a 40 acre tract which dates back to as early as the Robert P. Burns and Mary F. Burns to Frank and Tekla Krupski conveyance from 1919 (Liber 974 page 26). The farm which included the subject parcel extended from Main Road to the Long Island Sound. The above lot was split off from the larger parcel when Soundview Avenue was laid out in 1933. In as late as 1969, the deed which included this parcel continued to describe the parcels as two parcels(a 40 acre tract and a 20 acre tract). The 3.7 acre parcel did not show up as a described parcel in any deed prior to 1983.The first deed with the described 3.7 acre parcel was conveyed from Joseph P. Krupski and Catherine M. Krupski dated August 21 . 1996 (Liberl1789 page 893) to Catherine M. Krupski. Thereafter the lot was sold to Gerald A.Weber on September 18, 2002. The parcel has continued to be described as a 3.7 acre parcel north of Soundview Avenue and south of the Long Island Sound. The factthat the first deed which"creates"this lot was from Krupski to Krupski in 1996 fails to meets the criteria for lot recognition. The Town Code at 280-8 provides rules for "lot recognition"...a parcel must fit one of the criteria below for the building department to issue a building permit: A lot created by deed or Town approval shall be recognized by the Town if any, one of the following standards apply and if the lots have not merged: (1) The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30, 1983, and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule AA[1] as of the date of lot creation. 1 (2) The lot(s)in question is/are approved by the Southold Town Planning Board. (3) The lot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983. (4) The lot(s)in question islare approved and/or recognized by formal action of the Board of Appeals prior to June 30, 1983. All lots which are not recognized by the Town pursuant to the above section shall not receive any building permits or other development entitlements. We ask that the Zoning Board find that the Town of Southold recognizes this parcel. To find otherwise would be irrational. The lot pre-dates the lot recognition code and is therefore recognized, or as an interpretation, after a public hearing, based on documentation. Attached for your information are the following documents: A. A chain of title prepared by Abstracts, Incorporated for the deeds from 1919 to 1959 B. 1. Deed from 1959, parcel 140 acres; parcel 1120 acres 2. Deed from 1996 3. Deed from 2002 4. Survey 6. 1933 order laying out highway 6. Town Property Card 7. Pre-1981 Tax Map in the Town's records wherein this lot appears as it does today. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: This parcel was"split"since 1933 when the Town of Southold created Soundview Avenue. The Highway Superintendent Harold Price layed out the road with the consent of the Town Board of Southold. This lot has remained as it is today since 1933. Moreover the lot is a conforming 3.8 acres in a two acre zoning district(AC zone). The lot was created prior to zoning or any subdivision regulations. RECEIVED SEP 30 2015 ZONING BOARD OF APPEALS (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance, because: The Town Code at 280-8 "Lot recognition"when it was adopted did not anticipate how the definition affected conforming preexisting lots. In many cases if the lot exceeded one acre the building department did not review the lot creation. However,in every application made to the Planning Board the Board requires review of"lot recognition". (3) The amount of relief requested is not substantial because: The lot is conforming in size. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The owner reviewed the environmental setbacks applicable to this parcel and there was a substantial building envelope. (5) Has the alleged difficulty been self-created? ( )Yes,or (X)No The lot was created in 1933, the Town Board in adopting Town Code 280-8 was addressing "undersized"nonconforming lots created by deed prior to June 1983 when the Town adopted two acre zoning. There was no consideration of the code's application to conforming Farm parcels or the lots which were created by the laying out of the Town's roads. Covenants and Restrictions concerning this land: No Yes(please furnish copy). Attached This is the MINIMUMthat is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET. (Please be sure to consult your attorney.) Signature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me thil� '�" II� 5of20 lY RECEIVED SEP 3 ® 2015 BETSY A.PERIgN3 public,State of New Yo 20NING BOARD OF APPEALSN0ry rk No.01 pE6130636 Qualified in Suffolk Cou Commission Expires July 18 - �av ® Slumber®Excelslor®,Inc.,NYC 11241 www.blumberg.com 30%P.C.W. Reorder No.5105 r • /V i �. 2i i 't i ' ... .....,—,-vo...sw.v....w.i�nnrtlnk+YA'1:1N6.1!iViiNSy?• 4 , A TT-ae.el91871 VAGE7 ;1 Complete Schedules A,Nanp9ges7-11 only IP ... .. . i 1.Schedules A-0 of federal Form 706are not required to be completed i OR 1 2.No federal Form 706 Is required to be filed If you wish to request a refund,complete page 12 of this form: + 1.GROSS ASSETS i SCHEDULE A-REAL ESTATE(Jointly owned oraDertv ahouldbereDortedonSchedule ITEM ASSESSED ALTERNATE ALTERNATE VALUEAT NO. DESCRIPTION VALUE VALUATIONDATE VALUE DATE OF DEATH i 1• House and.realepropertydff_:ofJRori£e • 25 Lawcel;-:Naw-iYork Toxin^of-South.- old uffollc=Comity=TaxiMap==Dist:_-7 =1000, Sec.,127..00i, Block-,'03,.00;;-rLot:r .006:200: -= $38,500.00 2 _Vacant:3aiiiiat Biusfies,CYee 'Laui el � _ MNew'York;:',Tawn;ofjSoutYigld;ziSuffolk= i .m_� CoUnty�Taic°Map;D.st�:;1000,:"r'Sec•:,K�e�� J27.,00;_Black=;02 00;, LotrU()9 040_ � 40,000.00 3 Y- .Wdcarit:-3add;,Laritiel;KNe`w York;.`gown,� .:of SoutYlald;'SuE£ol]c�CotiiiitpTax�Map� ✓ yDist.r1000;5ec127;00;81i09;00;Tiat 45 000.00 TOTAL $123,500.00 SCHEDULEB=STOCKS AND BONDS(Jobit1v owned Drowtv hould be reaDwortedonSchedule I ITEM DESCRIPTION,INCLUDING FACE AMOUNT OF.- -UNIT ALTERNATE ALTERNATE' :'VALUEAT NO. BONDS AND NUMBER OF SHARES -VALUE VALUATION DATE VALUE. DATEOFDEATH NONE TOTAL 0 SCHEDULEC=MORTGAGES,NOTES AND CASH(Iroldding Bank Depoelle) (Jointly owned properly should be reported on Schedule E) ALTERNATE ALTERNATE' VALUEAT REM DESCRIPTION N0. VALUATION DATE. "VALUE DATEOFDEATH 1 North Fork Bank 6 Trust Co., savings account #010-01860-4 in the name of ,•� Mary Diachun $ 360.57 • • .Riverhead Savings Bank, savings account . J #89146 in the name of Mrs. Mary A. Dlaghun 1,007.90 TOTAL $1,368.474': Leslie Kanes Weisman, Chairperson and Southold Town Zoning Board of Appeals Town Hall Annex Building 54375 Main Road Southold NY 11971 Ft,Ceived 6 2024 RE: Joseph Gebbia&Teresa Dunn JUL 2 and of Appeals PROPERTY ADDRESSES: 2146 RT 25&475 CONDOR COURT,LAUREL SCP*I%%99;-3-6.4 and 6.5 Dear Chairperson Weisman and Board: We wish to briefly and succinctly summarize the application that we present to you for:your consideration. Both lots have been historically treated and maintained as separate and independent lots since the date of their creation. As confirmed by the title search from Marathon Abstract dated 10/2006,the property can be traced back to 1903 and the town has consistently treated these two lots as single and separate as far back as 1961. Both,lots appear as separate lots on the Suffolk,County Tax Map,the Town of Southold property record card recognizes these as separate lots,and they are still assessed and taxed as separate lots. (see attached)Additionally Southold Town and the DEC have both historically issued numerous permits for lot 6.2/6.5 as an independent one-acre lot and restricted the approved projects on this lot to the setbacks and variances of a one-acre parcel. The lot recognition and the lot line change would not create any adverse impact on the physical or . environmental conditions in the neighborhood or District. We are seeking to create two conforming lots within the A-C Zoning district. Below is the chain of deeds that are recorded in our title search: 1903:Bennett to Schenk L532 cp120 1908:Schenk to Tuthill/Woodhull/Peterson L654 cp 301 1922:Peterson and Tuthill to Scholtz L1062 cp567 1924:Scholtz to G Diachun&M Diachun L1106 cp 56 1935:G.Diachun to M Diachun 1808 cp 216 1961/68:set off&tax cards reflected 2 lots(attached) • County real property office formed in 73/74 and began to collect tax map data 1982:Suffolk County map reflects 2 lots(attached) 1984: M Diachun died leaving properties to her sons Leo and Theodore 1987: Leo died leaving to Rose(wife) 1990:Theodore died leaving to Eleanore.(wife) 1994:Rose/Eleanore Diachun sold to DiBartolo(2 parcels one deed)(lots 6.1&6.2) L11677 cpS27 2003:Merged to 6.3 by Southold town • Pursuant to Town Code Art. 11 Section 100-25(C)(1)an exception to the doctrine applies when the nonconforming lot has a minimum size of forty thousand(40,000)square feet. 2006:Deed filed with county(6.4&6.5)to correct merger(see attached) L12446 cp351 2006: Dibartolo sold to Dunn and Gebbia (2 parcels and 2 deeds) L12474 cp562/L12474 cp763 • Lot 6.4 still retains the right-or-way as indicated in the original deed from 1903 • Title search done by Marathon Abstract in 2006 Sincerely, JaA�c....r- Dunn Attachment 1 `171gqll . 'TOWN OF SOUT40L PROPERTY RECORD C STREET � �"` VILLAGE DIST. SUB. LOT E.ORMER OWNER N E ACR. biLZCbGf n S f� ( W r ` ` ';Tnl YPE OF BUILDING S'. tom'3i SEAS. VL. �M �.� �w� �1 COMMM. CB, MICS. Mkt. Value ..:.LAND IMP. TOTAL DATE REMARKS rve f d ��o 1) �a �F-4-E � c+ p��v�vc,c s low ;I 76 7 �?35 / r Y"�`�/U I t) r;j Brwhk Alvc- !� pan._ c Tillable FRONTAGE ON WATER _ Woodland FRONTAGE ON ROAD "M. leadow{and DEPTH House Plot BULKHEAD I !Toto I t� U r IFIRM,, TOW SOOT N 4F HOLD PROPERTY RECORD CARD ` V , _'OWNER STREET :. VILLAGE ti DISTJ SUB. LOT ®r, '('J led t1, p C• 1, h--e ✓� �. F.,ORMER OWNER N ELL I ACR. � S f� W ,TYPE OF BUILDING ES: C.�3� SEAS. VL. FARM Lam.. COMM. CB. MICS. Mkt. Value-77 LA'�ID IMP. TOTAL DATE REMARKS 411 697 7p r7 r,ncma F2,,r 7v r7 70 041 Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD `Meadowkmid DEPTH - House Plot BULKHEAD Total 'Y A -LLA vv Lill Ply , I t I �t` `�1i.:_7 ,,+r'r •'':�`�_ ��' .� - .'1 _ .-- __- __ _ ems:•.% ; Fo�"aindation Bath71 I Basement i' I7Floors I a tens on i txi-. Walls o j Int.r f Extension:. �: .: I Fire Place i ? Heat I ( ' '' Q 0 I p4 h, I Roof` Type L` 14p Porch ., i Rooms 1 sfi Floor (-Breezeway'.- .._,'. - . ' _ ,. _ ( -�—__ Rd.tio' •' �"R-ors 2nd'Floor` �- r, rivewq 1 Dormer 14 s- t' •R � L'•' l .tom •Y - {I i yam- i` s •vim'. a`a � 1 .ram. TOWN OF SOUTHOLD PROPERTY RECORD CARD MOO OWNER STREET *� (Q VILLAGE DIST. SUB, LOT 14 FEZ 15 GO s"--E- -Q FORMER OWNER N , { E ACR.�/ A �/� S W TYPE OF BUILDING chit rt/ . 2 id ' pia c 1 y� Ql •, SEAS. VL. FARM comm. 06. MICS. Mkt. VQiue 1 'D -IMP. TOTAL DATE REMARKSdq " ;a�liun_ Pam to qom> GE BUILDING CONDITION NEW NORMAL BELOW ABOVI; FARM Acre Value .-,Agge Tillable Gd FRONTAGE ON WATER Vgodland FRONTAGE ON ROAD MeadAXlarA ,., ^ DEPTH House plot BULKHEAD Total _ c�0� DOCK Ld0� !V*.r TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET +� VILLAGE DIST. SUB. LOT Coklelb j (/L •.FORMER OWNER N E" ACC , ' $ ; W . TYPE OF BUiLE?ING l? t►c(,u. � I. �. SEAS. . VL. FARM COMM. CO. MICS.. ..Mkt. V014e•. LAND -IMF. TOTAL DATE REMARKS o t Ica PH- �ftA Wei , iElk? 8 E� Pates t O r"t O^�. , �,..t�. a'"a. /f + r s^` t? tf ; 4� 1 1, d 1 ll x' 9r �rACif-�ILD 4,� �71G Afzo CD I1 aoo�`. I o .3 ! '6 � 'lla {�.. ���ou / . . 0�T�e 12,bm ^?�,p AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre vahme 410p- Value ..AWA- Tillable FRONTAGE ON WATER Woodland - FRONTAGE ON ROAD MeadpKiarj4 ,.� �.. DEPTH House Plot PULKHEAD Total DOCK ■��■\�����illq vlil�■■O of■���■i■� ■ New■�■■mil■!.■��a�l��■■B�I��■� J 1 E . .. ■mmm■■■■■■■gym■■■■■■!■■■■■r�rr mar■■.�:....■����i■■m�arr�■ Irk(■■�i/■■o'�"'!��om■■■■■■■�■■ irwaialrmommar.,miff�//�■■/�■■ram■r( rrm9:MERM73=99ONSE■■ENNr■■N■ ■�rmm■■■■■mm■■m■■moo■■■■�rormr■■ • • MW .► i • • t. Basement I Interior Finis Fire Place Woodstove • MINE ME INNE INE� MINE ME . . 1100110 INE■ �npv Attachment 2 _- --p[EASE i� \''PF�4s F63RRir rr►EM tlllarwd ON roliid► INSTRUCRDNS:', _ •"wxet.OWAtMnV-w cr PHONE 1516)47"M • FOR COUNW M OMty p/ MALL PROPERLY IRRN F M N@ CL sm emb Q sraa oRe®flam CLotfewar.ws+ V1fi MAUOMMOPMO& i IRTU AM RP -5217 �.NeM ea reJr � �• .�T...+a T.I+went 475 court L y I T.tarel LND..s I lfintrral9 I Ni¢olo t D3Dartol0 I Ceroliue S. • TOI LAa hM4s.r.MwTi.fi�DrMDd I � 1 i fMeq adretnMDr.le�dDtserm Dlebt 1 r Aees La.wrscar>ase�l I 1'as I 1 �� I 6rirYlDertitr.TArt.InDDt yaagf.M Df■Fer�®w1�dFq.tF Mts'"bDrI mesa" I •---I ed►.rwl.on❑F1rtdDFamd KTIe�'a NDeeeMf�.11mA1MaAEiw ❑ i gSAae6.�lyrmDluw llgW.�lMTreeM ❑ I L (� }xi�_jonl 0.918 I .ettin+ o.rMstatDLitDutevnbrr❑ NaD I DiBart Nic010 alo ..� ! Saztolo L Caroline S. 1 I 1 T.gwai,yrlMDMr..rSrrir.�.W d..e•.w�twr+orlT.re.a..r..r• rarrtwww�rsewwo+F - LatnetMtTtptDOtnEmnh.Dm ❑ A onnoWtt.eerar C ApIDAw•t 1 tbe..D�tjtltnitD lLNWCbvDvcl nmasaetmr* ❑ 1 {j�7safMVMMrY1 Fe Catnnrrdat yg Niur,W vL Pynat�erNnnpi�+feYalrfta ❑ C NDirDfYacaalad G ApnOnvrt 1-cKJ11MToSevb eaevweaMwi.dedww.nYnN6maV ❑ 0 tlur :.Ia.M L" H E"Mak.rM/Anon Fate addo' 0 q bb,—/N. esfmalft NAJJ!MIFOIMJA7KW to tttttL tr t►eaD de.n�iilees#rMw4eJ.n l4atr onrn tettD I ! 1 A air 1.l+1 AAtetw or FORM Rgb&m a 6r AMwn ttetttecaff4wAs a hroM.m aug-M C 0ttdetvLwsbtrDs" tLontrerJtrra 1 4 !/8 /06 I D Iwr: arweGoomnMApm0.LmenenraAfm AM or r r b one4.�..rw.*.+►aN.oVr..+o-ar rrlas . P ar.dshslaWat�fr7tw awmtt RODOav aYuw7 t U a COe9D ti NDFatT a.e..w 7.ndD 9Oee Dan aDb OMD Tf.IW sr wb. 1 ��j .4. O.0 I u a.rdr.�YwbMelsOrdmaro reb ae1 D I Oaer.MsaW FaltaD ANamy SAID Mru 698*rcwn 6i11 w.nl.re.mtr anLDtt.tle Ip`tM P+4aM DDtud7 PMMP$• . - Th4 pnm.deWNtirfDrtrnnofaat ohtrPAe1►vfaSnOr..>e�ard mbtyerQalDrdfpMsl IeD�rte/b b D.wDItdI.Y dA►rwu1. alai M ri.MeiDD.YD.ierDnd ' .tD/�ry6i�eeitMDeD • Ai>iEB86 m WO M710M-DM M CKM mVAd an trad FiW AADw11Mf NON Ta Ma _ ' M.TDeese4�Ir DaeD� 1�1LTDO.ArD.reaaq MMFrwrrtnaArl�_ •__�---I Tawq.tror. MA�u.a+.+orrr.Mo 2LM.MwWwdlw]JlbtlnWatW0OMtMANMMMO aDe00MUMaltentM.ru I 1 ta0g127.OQ-03.00-o{a'�'!s':'3 I I I I 1 1 1 I t C61TRATION J maY 4f a.ra Aa.rJDft�tl�we+tfs rN►Nts.D the tef tDn.Ta.ae r.taa*ti+s.ilwn.r..ruwrar OtDtLYN �ervriFrrMrMwetornY NDa MtDYt.A w4iat a.rO+l��.N�l1.�St.WrwtM M�C'DY tiy.ECee rratoreO.�•. taJrQa Allawev � X%/ �Ire�•1Nitf�l /06 Deamnd I David S. I F ' itola Di Donato 631 264-0303 475 Candor Court 4 i I naps DancrrwO.n.tuo atwmo at�t- + Laurel Ni`t 119" Ot11tD tut sub `�tt����p�TA•�.p 1,4� t Vnn O t fl�9 0� I�[�CII[C rCI[C II[I CIIC SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE . Type of Instrument: DEEDS/DDD Recorded: 04/20/2006 Number of Pages: 8 At: 01:17:00 PM Receipt Number : 06-0039974 TRANSFER TAX NUMBER: 05-35533 LIBER: D00012446 PAGE: 351 District: Section: Block: Lot: 1000 127.00 03 .00 006.005 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Wage/Filing $24.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CT7C $5.00 NO EA-STATE $75.00 NO TP-584 $5_00 NO Cert.Copies $5.20 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $0.00 140 Comm.Pres $0.00 NO Fees Paid $169.20 TRANSFER TAX NUMBER: 05-35533 THIS PAGE IS A PART OF THE INSTRtIrRPM THIS IS NOT A HILL Judith A. Pascale County Clerk, Suffolk County 3 - \ - 1 1 "2 Number of pagesUFE TORRENS �/ 2006 Am- 20 iJ3:17:Utt Pn i" Judith R. Pascale Serial# CLERK OF 5��FFOLK COUNTY Certificate# L DOOO12445 F 351 Prior Ctf.# DT#k 05 355M Deed/Mortgage Instrument Deed I Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Mortgage Amt. Page/Filmg Fee — 'his dodumert Wiff be public I. Basic Tax Handling 5. 00 record. Please remove all 2. Additional Tax TP-584 — Social Security Numbers spueeAwssit. Notation — prior to recording. or EA-52 17(County) Sub Total Spec./Add. BA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. — � Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit + Mansion Tax. Certifi Cop The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 e family dwelling only. Other Sub Total—__ (�tj' YES or NO Grand Total If NO,see appropriate tax clause on page# of tr in 4 1 DisV000 06013730, loon 3.2700 asoo ooeoos s � Co�aaitp presetrv�t�aa�� T Real ServicPropere RSFL A Consideration Amount$ Tax Setvice Agency 19-AP CPF Tax e $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Vacant Laud RECORD&RETURN TO: TD P I P pcfg zp V ID 65 7 'Tale Com an .Information fir`I ' / V j Fib i?JI-r wl 0 i Co.Name Title# 8 Suffolk Countv Recording & Endor ement Page This page forms part of the attached made by: AP! (SPECIFY TYPE OF INSTRUMENT) f%A�D C z19- ,4 P premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the Township of AI CD4-o 8�r ja In the VILLAGE ` y-bf r) or HAMLET of BOXES 6 THRU 8 MUST BE TYPED,OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) F —Bcry.:.....;.Sate Deed,-fib Covet sons CemaWs Aeu—tndivW"or Cmpaat m(SL—_-aJ CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE,made the f+ day of April, in the year 20% BETWEEN NICOLO DI BARTOLO AND CAROLINE S.DI BARTOLO 475 CONDOR COURT,LAUREL NY 11949 party of the first part,and NICOLO DI BARTOLO AND CAROLM S.DI BARTOLO 475 CONDOR COURT,LAUREL NY 11948 party of the second part, WITNESSETH,that the party of the first part,in consideration of dollars paid by the party of the second part,does hereby grant and release unto-the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being in the SEE LEGAL DESCREMON AND SCHEDULES"A"AND rB"ANNEXED HERETO. SUBJECT TO NEW YORK STATE DEPAWN[ENT OF ENVI1iON5MWAL CONSERVAITON ("NYSDEC") COVENANT FILED IN DEED DATED 11A/04 AND RECORDED IN LIBER 12425 AT PAGE 494 IN THE OFFICE OF THE SUFFOLK COUNTY CLERK DISTRICT: 1000 SECTION: 127.00 BLOCK: 0Z 9d LOT: 054 TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETIdER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid.. AND the party of the first part,in compliance with Section 13 of the Lien Law,coverrmits that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires, IN WITNESS WHEREOF,the party of the first part has didy executed this deed the day and year first above written. IN PRESENCE OF: NICOLO DI BARTOLO CAROLINE S.DI BARTOLO I LEGAL DESCRIMON Dist: 1000 Sec. 127.00 Block: fg00 Lot: TRO L9 let PARCEL I (Conveyed Parcel) Being and intended to be part of the same premises conveyed to Grantor by deed from Eleanor Diachun and Rose Diachun dated April 25,1994 and recorded on May 18, 1994 in the Office of the Suffolk County Clerk,and designated as former Suffolk County Tax Map No.1000-127-2-6.1 as recognized and accepted by the Town of Southold on May 28, 1969 as an improved lot 200 feet by 200 feet(totaling 40,000 square feet)in size consisting of.918 acres as more fully described in Schedule"A"annexed hereto. PARCEL II (Retained Parcel) Grantor hereby retains all right,title and interest in and to Parcel II(Retained Parcel)as described herein,being and intended to be part of the same premises conveyed to Grantor by deed from Eleanor Diachun and Rose Diachun dated April 25, 1994 and recorded on May 19, 1994 at Liber 11677 at Page 427 in the Office of the Suffolk County Clerk and designated as foriner Suffolk County Tax Map No. 1000-127-2-6.2 as recognized and accepted by the Town of Southold on May 28,1969 as a vacant lot consisting of I6.892 acres as more fully described in Schedule"B"annexed hereto. DIBarloto Legal Descrlp ion Dsd/4/U3 � Vv� SCHEDULE"A"DESCRIPTION (Parcel 1) 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 point which marks the division line between land now or formally of Half Hollow Nursery Corp.(formally Rasweiler)at the northeast corner of premises described herein,said pint being distant the following four(4)courses and distances from a monument set in the southerly side of lands now or formally of Long Island Railroad Company where the same is intersected by the Northwest comer of lands now or formally Half Hollow Nursery Corp.(formally Rasweiler): 1. South 37 degrees 34 minutes 20 seconds East 263.31 feet to a concrete monument; 2. North 61 degrees 17 minutes 00 seconds East 95.05 feet to a concrete monument; 3. South 29 degrees 19 minutes 40 seconds East 517.90 feet to a concrete monument; 4. South 17 degrees 48 minutes 40 seconds East 380.64 feet to the hue point or place of Beginning, RUNNING THENCE from said Point and Place of Beginning,still along the division line between land now or formally of Half Hollow Nursery Corp.(formally Rasweiler) South 17 degrees 48 minutes 40 seconds East 200 feet; RUNNING THENCE South 72 degrees I 1 minutes and 20 seconds West along the lands now or formally of Nicolo and Caroline DiBartolo 200.00 feet; THENCE North 17 degrees 48 minutes 40 seconds West along the lands now or formally of Nicolo and Caroline DiBartolo 200 feet; THENCE North 17 degrees 11 minutes 20 seconds East along the lands now or formally of Nicolo and Caroline DiBartoIo 200 feet to the land now or formally of Half Hollow Nursery Corp.(formally Rasweiler).to the true point and place of BEGINNING. Together with a non-exclusive easement of right-of-way for the purpose of ingress and egress to and from Condor Court to the premises described herein. Said easement of right-of-way is shown as a proposed gravel roadway on a certain map entitled"Map of Property Surveyed far Nicolo and Caroline S.DiBartolo at Laurel,Suffolk County,NY". Surveyed on March 28, 1994 and last amended April 12,1994 by Roderick Van Tuyl, P.C. i SCHEDULE"I3"DESCRIPTION (Parcel ID 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 comer of the premises to be described herein,said point also being dividing line of the Northwesterly corner of the Iand 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 Iand now or formerly of Rasweiler,the following four f 4}courses and distances: 1. South 37 degrees 34 minutes 20 seconds East 263.31 feet to a concrete monument; 2. North 61 degrees 17 minutes 00 seconds East 95.05 feet to a concrete monument; 3. South 29 degrees 19 minutes 40 seconds East 517.90 feet to a concrete monument; 4. South 17 degrees 48 minutes,40 seconds East 380.64 feet to the land now or formerly of DiBartolo THENCE North 72 degrees 11 minutes 20 seconds East along the land now or formally of Nicolo and Caroline DiBartolo 200.00 feet; THENCE North 17 degrees 48 minutes 40 seconds West along the land now formally of Nicolo and Caroline DiBartolo 200.00 feet; THENCE South 72 degrees 11 minutes 20 seconds West along the land now or formally of Nicolo and Caroline DiBartolo 200.00 feet to the land now or formally of Rasweiler; THENCE South 17 degrees 48 minutes 40 seconds East 160.00 feet to the land now or formally ofT.Diachun; THENCE South 60 degrees 01 minute 20 seconds West along the land now or formerly of T.Diachun and the Northerly Iot 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 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 degrees 54 minutes 30 seconds West along the said Easterly line of Lot Number&and the Easterly side of a recharge basin as shown on the said"Map of Golden View Estates"173.70 feet; THENCE North 12 degrees 30 minutes 30 seconds West still along the Easterly side of Ack1 said recharge basin 138.69 feet to a concrete monument; THENCE North 63 degrees 58 minutes 20 seconds 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 44 degrees 34 minutes 10 seconds 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 of Golden View Estates"213.35 feet to a concrete monument and the Southeasterly side of-said"Park and Recreation Area"; THENCE North 3 degrees 29 minutes 10 seconds East along the said Southeasterly side of the said"Park and Recreation Area"356.56 feet to a concrete monument and the land now or formerly of K.Leeds; THENCE North 34 degrees 09 minutes 50 seconds West along the land now or formerly of K.Leeds 424.26 feet to the land of the Long Island Railroad Company and the Northeasterly corner of the premises described herein; 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 and 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 of Main Road marking the Northeasterly corner of the land now or foimcrly of Qualls and the Northwesterly corner of land now or formerly Sawicki;said monument also being 2,077 feet,more or less,Easterly from the Easterly side of Laurel Lane; RUNNING THENCE South 20 degrees 17 minutes 30 seconds East,through the land now or formerly Qualls 112.72 feet; THENCE South 22 degrees 06 minutes 30 seconds East,still through land now or formerly of Qualls and the land now or formerly ofMcCarthy 205.04 feet to the Easterly side of land now or formerly of McCarthy and the Westerly line of land now or formerly of Sawicki; 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 758.99 feet to the Southerly line of land of the Long Island Railroad Company and the Northerly line of land now or formerly of Rasweiler; ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE ACKNOWLEDGEMENT TAKEN SV NEW YORK STATE CC D State of New York,County of�Agrol i1(L Suffolk State of New York,County of ,ss. / .sS: COUNTY CLERK'S OFFICE + STATE OF NEW YORK SS.: COUNTY OF SUFFOLK l L RMI TH A.PASCALE,Clerk of the County of Suffolk and the Court of Record thereof,d��rey certify that I have compared the annexed with original... . ..............................RECORDED in my office. S'o1a41.....................and,that the same is a true copy thereof;and of the whole of such original. In Testimony Whereof,I have hereunto set my hand and affixed the seal of said County and Court this........................................ CLERK. ..��..� Q•.s +t+ae.e. un me uny ur 111 uuJ yea County) before me,the undersigned,a Notary Public in and for said State, personally appeared the On the day of in the year . ' before me the undersigned personally appeared subscribing witness to the foregoing instrument, with whom I am personally acquainted.who,being by me duly swom,did depose and Personally known to me or proved to me on the basis of satisfactory say that helshe/they reside(s)in evidence to be the individual(s)whose name(s)is(ace)subscribed to (if the place of residence is in a city, include the street and street the within instrument and acknowledged to me that helshe/they number if any.theriof);thaz he/she/they know(s) executed the same in his/her/their capacity(ies), that by hisAter/their signatures)on the instrument,the individual(s)at the person upon to be the individual described in and who executed the foregoing behalf of which the individual(s)acted,executed the instrument,and that such individual make such appearance before the undersigned in instrument;that said subscribing witness was present and saw said the execute the same:and that said witness at the same time subscribed his/her/their name(s)as a.witness thereto (add the city or political subdivision and the state or country or other place the acknowledgement was taken). Bargain and Sale Deed with Covenant against Grantors Acts ..................................... NICOLO in BARTOLO AND SECTION CAROLINE S. DI BARTOLO TO BLOCK NICOLO DI BARTOLO AND LOT CAROLINE S. DI BARTOLO COUNTY OR TOWN SOUTHOLD, SUFFOKK Title No. RETURN BY MAIL TO: DAVID S.DESMOND,ESQ. VAN NOSTRAND&MARTIN 53 BROADWAY-BOX 307 AMITYVILLE NY 11701 nqo✓ Attachment 3 1 2 Number of pages V REMRDED TORRENS 2006 Oct 10 02jMz-47 Pit Judith R. Pascale Serial# MERK OF Ce"ificam# L DOM2474 P 763 Prior CtE# On W-09M Deed/Mortgagr Instrument Deed/Mortgogr 7bc stamp. Recording/Fiting_Stamps 31 FEES Page/Riling Fee W,I Mari%Amt. Handling 5. 00 1. Basic Tax 2 Additional Tax TP 5t14 1r Sub'bud Notmion SpeclAssit. EA-52 17 lCountyl <� Sub Total Spee./Add. EA 5217(State) 4 `r TOT MTG.TAX R.P.TSA Dual Town Dual County intment Gunn•of Ed. 5. 00 O Affidavit * • Mansion Tax Ir Certified Copy The pity covered by dns menW is or will be improved by a one or two' NYS Surebargs 15. 00 family dwelling only. Sub Toml YES or NO Other Grand Total �! If NO.sec appropriam tax clause on r� C$ page 6 of this i O 4 Block 1WO040TS commvatty Mdon lhtad 0603_-V6 aoo0 1270o 0300 006004 Remy P T g Consideration Amount$ (3tx Tax Service PCWN A Ver ficcat on Cam' b S t? pap Improved ✓ 6 SunsfuctiondDischsrgmtkeleases Lw Property Owners Mailing Address Vacant Lund RECORD tE RETURN TO.- TD ,-j 05hwa Prfd ZCr.,Sky, E� TO . P f�. 601C Pa a TD Title colhimy Information r 3.3 0 NameM"AM-tioN U-SITACT TtkmpiRrIlICIA Suffolk Cmnt-y Recording & Endorsement Pa Le This page Rums inn of the attached made by: (� (SPECIFY TYPE OF INSTRUMENT). e.a t'U 0i eo r4v 'O The premifts herein is sit mid in fut r4V3tA SUFFOLK COUNTY.NEW YORK.. '! /yTO In the MrA whip o EW f � sn..,a G.c)14 In the VIL.L.AGti or HAMLET of �(L L.L BOXES 6 THRU B MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. Over) AR' BWF= COUMM CMW RgcMD8 oFFXCB TYPO of Iastruments DMIDSADD Recordeds 10/18/3006 Number of Pages 7 Ats 02:02s47 PH Receipt Number : 06-�0101856 TRANSFER TAX NUMBER: 06-09892 LISSR: D00012474 Districts Sections Blocks PJlOEs Lots 763 1000 127.00 03.00 006.004 RXAM3N= AND CRAROED AS FOLLowS Dated Amount: 0925,000.00 Received the Following leas For Above instrument Page/Filing $21.00 no Bsadling $5.00 n zz t Coo $5.00 NO NYS SRCBA 5.00. NO 8A-CT4 $5.00 No 8A-STATB 16 TP-584 $5.00 NO Cart. S1$0.00 NO RPT Copies $0.00 NO $30.00 No BCTS $0.00 NO Transfer tax $3,700.00 NO Cosmn.ps:es, $17,000.00 NO Feso. Paid $20,951.00 TRANBFSR TAT NMIBWs 06-09992 THIS PAM IB A PART OF TER INSTRWWWr TEIS 18 NOT A SILL Judith A. Pascals County Clerk, Buffolk County '3E TYPE OR PRESS FIRMLY WHEN WRMNG ON V�_ FOR COUNTY USE MY -- IN FM DONS:blip!/www orm9atemy us or PHONE t618, ,4222 . J p C1.CARS Coda 7 g Q HEAL PROPEMY TRADER REPORT ' ///4hmm" � J n iUTE AF rEW MM CL OR%ow d Amer" 6� XMM fM11C OF IEAL IIIOFIiITY{g1YlC� r V. Cs.sock ! CL Fla l / -4- 1 RP - 5217 wwn an m" FRo�ERn taFolln�i►iron ''�I 675 I Condor Corr! aom tn,� � I Lsurel. MY I i 1191 L I Gfabbia 1 .low A i i wo Sin bdwFFwAwhswTAaNFa.wbbawt uaflwnr,kWvWn WbMw of"I ON bbla-_ I .loeenh A I Candor Ct. I Laurel a -- 1 kit t 12948 1 a.bdtM9Vs�4wAa I I I •dFwak ee FtrtolaFaear lo.bahnut■Foaaom%wriewfr• wrw-gOFWd with S**A*nA ditaft ❑ Low as subdMFmn Appm al ww fispnisd far Tiwatr. ❑ I raorr muI x� �at!_`. t +6 v mrt Apvowr far&66PWm with wp nwAdo ❑ a flares 1HBxregin, IlFau uu L DiBsrtolo � Cesoline 1 x Chnk tllfAR iirarwHdrM/fiY{lidir�Ofw$F/Ard�f piYpra[FN9s 61N rfYI� diti'b EwwMYNw6F�Wtr L Ownrgjlp raw Is CaadmnhVum ❑ A Orr.amity IkaidonWr E AarkubtW ! Canmun�Y Sow s Now Caaoidan on Vamm L d ❑ B 2 a 2 FatQy Ira(Andiet F corm crew J htduaeCd M&Fmpkv tawrdwlrlsl an Aato�sFi Olrltkt 0 C RmAftmwvwrataod. 0 Aponme go pawbSNMa 1a.igyrwmtvadFdbdpw nW=bftj" ❑ fbs�MaidFnslslVaottlaid tl lAmiaamm L Forast thwftp*Opp IrfanAprimanFftawls SALELTORMA7iON �ChtlaruarwwaftlranwMYnWw esrWaar 91.laMGcafratOsb I 09 !18 ! 20061 A SftQW0 eRtladM0FFamwfAWm 8 GdoOdlw rMMOCOM, iworFMnminekatnw C orwof ft&rws is Ww a SNOW It,Dow arfmbITraaFfW L110 t ps 12M n e1worsrbrfirvwnnumAgnWoru dkVkw guen Mob ym E bmd TVW na Viv smy or ilarydn Wd 89a ISOM*lialawl ' F Bob of FnrtiwW or Laos Om ram a CBP@ it&ftm to.Poi f ft VHW 1 9 2,5 0 G 0 .0 .0 1 G st"O t OMP M Frap.n 9suaan Tawbb BUM and Bah nw ii s*a sus- Y kwkwFd h Sala ww WWSo.rhwrihamwt. wtwidtcdrpromt Indwft awa/Pswdr i Ciosunmetf Aff**kg5sbF**Mpdtfft W Thb oemwa mw hs Ia du fam of cmI6 0dw ryopaKya aoodti a d waoAiipn of , rbaa monpposaadrrohapdatal rfYswrax+/foa»nanasFaftof►daBarwow,d ia.Adiapa tlFa glaa al pwawl Napwl►1adtMF�l In b sab o ASME WENT MFORMA710N-Qwa§h=ld t$ ttA"W latest Rnal AMaMrnnd Roil and Taa dlfl IL Vow of AMBOMMUM rAN IN=WA k#Grmwvmnftkm� ��17.TwtAwasraVs�Wtdaapeparata8awI ILA" aw 11_ 2 -u WidvmaubVWM� 1—_ 12 L�Ii�I JfflAPTYjft��' i 2t1.Tam A%p fr•FFm ell 1 s MwMbFW Ot aFar ew fav stab don wM addoMmil tlat�arlrll 1 ]000-12]-71-R_6 1 1 1 1 1 CERi[FICATION r mellY tta>r trk at faa t#tot dtiratdir arrtr,.r as tt+i tbrw aw B.a aad,mFF.gfb uF faat a taoafFdBa wi bAFrI Md 1 mdr.�a Yaa tie oats a dNa t n-"araatkm b hmda wt a**d mF war�w a om aced b teYiva W tEr nwtlgi saf f�deiv isar�a AMIams-l A1TOR11F1f I0106/2006 Prosaasky 1 Joshua M. aatwrusn wr a+ue marrrwt 5 I Condor Ct. 631- 1 751-3119 anuresr� s+sur wauau» ,dgappa ■saes laurel I NY 11948 amrwm� amc r NEW YORK STATE COPY 10/06/2006 aewnw yM hyflo-fts-trodsal004voCo n"WaAtpr m.-.,Act,inlnWsiay lot, cawsravtrfAtanrlraaritJal;S7l:U.�I:YIlia1.�lrfal9lfE+iT.tlnstit�3raltifOti�/r+3WCpyutt Ma}1AW-RagOr1M TI)Lcl I11I)EMIJIM mark the 6th day of October in the year 2006 111MVEEN 000000000"6 Nicola DiDartolo and Caroline S.DlBartole �. 475 Condor Court i A ! Laurel.N.Y. 11948 0 o patty of the first pan.aad \%'N` Joseph A.Gebbla,P.O.Dos 14.41L Storer Brook,N. irs 11790 color Se-7-oft/WT ,ly party of the sec-ow pan, WITNESSETB.lhat the party orthe Gnat putt in o:tmtitk7utiun vfTen Dollum and other valuattk conbldetation paid by dtc puny of the wrc ad pam does herdw rmn and mk-ax mitts the party ofthe wan d pairt,Iho brim ar wm-cmn and assigns of the duty of the xrnnd part Awmr. AU.dray certain plot,pieta is p owl urlxkt with the builtlinps and impruvenkms thereon om%= .sitmue,tying and hying in the SEE SCHEDULE"A"ATTACHED That Grantors hereby quitelalrns to Grantees any right,tide or loterest in a certain right- of-way to.Main Road as described in Schedule"A"herein. BEING AND INTENDED TO BE part of the promises as conveyed by deed dated 4/14/06 and reear�L 4128116 in the Suffolk County Clerk's Office in L.iber DW1246.page 351CLw,� SUBJECT TO NEW YORK STATE DEPARTMENT OF ENVLROK%fEN'tAL CONSERVATION("NVSDEC")COVENANT MLED IN DEED DATED I iINN AND RECORDED IN L.IBER 12425.AT PAGE 494 IN THE OFFICE OF THE SUFFOL.K COUNTY CLERK PREMISES KNOWN AS: 47.1%Condor Court,Laurel,N.Y. 11948 SCT1tJ#iN11427.3.6.4 Tr)t:F.'17iER+wah ap right.[itfe and int►�ms,ifany.af die pony of lbc Qrnt pwn or:in and wane str�CeCt s,d rrcv6 ahttuing the mi+ur�uk�+xsthtipnctnisest.sthewntrrpinestbrrtt+f;TOC:h"1 IRA with thcappormnanreaadfallthenstrtratdri ,ts<ofthe lam of the Drat prat in atel let acid premise!;16 HAVE AND TO IN)LD tlrc pmmiatat herein granted umo Ilse iorty of thu second pan,the Mrs ur suLveswrs and am signs t d the party of the second pan ftmver. AND the party of tho.first part covenanrs that the Party of cite first pair!ha+!tilt alone or suffered anylhinpf shewhy the wall pretnivs hate bcea incambenal in anv way whatever.except as aruresaid. AND ilia party of the font parr.in wmpliunee will,Section 13 of the Lien law.covettintu that the puny ar,he first purl will recrlat the cowidLraiion for thircanwymtceandwill hold the right tonwivesu htstataleratimasa(nmlimdtoheapplied next for the purpose of paying the cvm of the fmpxuve-Meni atul will apply the taante liras to thu puivment of the coot or the impnnentent lteroom rasing any pan of the uual of the%ulne flu any whc�r purpose. ` ll,a ward party'.hall be rnustrtrrd ax if it rear!`ltarliri'tvhenectr thv ft7 m of tips intAtm►ae in requires. i V sy)TV&tip:►YllEttl:OF.du piny of the Cttsi pet has.duly exteuted tlth-tkrd the day atld year firms above written. IN raF3lt et.or.. , Dioarto • rolinr '. Birlolo 10/1012M 12:23 :447179 MAIMTHOM A841R4CT - PACE 87 Schedule A MacdPOW-conttmnd l�li eNumber MAR778-8 (Parcel li) ALL that certain plot,place or parod of land with the bultdings and impnpvements thereon ereded,situate,lying and being at Laurel,Town of Southold.Cou*of Suffolk and State of New York,being bounded and described as follows: BEGtNNfNG at a oonCrete MonufrOd set in the Northeastedy comer of the premises to be described herein,said point also being dividing Una of the Northwesterly owwr of the land now or formerly of Rasweiler,the Northeasterly comer of the premisee to be described herein,MW the land of the Long Island I Rallmaad Company; RUNNING THENCE along the land now or formerly of Raswe ler the following four(4)courses and distances: 1. South 37 degrees 34 aninules 20 seconds East 263.31 feet to a concrete monument, 2. North 61 degrees 17 mkwm 00 seconds East 95.05 feet to a concrete monument; 3. South 29 degrees 19 minutes 40 seconds East 617.90 feet to a concrete monumer; 4. South 17 degrees 48 mlmdes 40 seconds East 380.64 feetto the last now orforntedy of Deartolo THENCE South 72.degrees 11 n-Anutm 20 seconds West along the land now or formally of Nk olo and Caroline Wartolo 200.00 feet; THENCE South 17 degrees 48 minutes 40 seconds East along the land now forriady of Nicab and Caroline DiSertolo 200.00 feet; THENCE North 72 degrees 11 minutes 20 seconds East along the land now or forrneriy of Nkvlo and Caroline DlBartc4o 200A0 feet to the land now or formally of Rasweller. THENCE South 17 degrees 48 minutes 40 seconds East 160-00 feet to the land i now or formerly of T.Wochun; THENCE South 60 degrees 01 minute 20 seconds West along the land now or formerly of T.Disdwn and the Northerly lot line of Lot 7 an shown on a certaln Continued On Next Rage I r16119/20M 12:23 947179 MARMON ABSTRACT ! � PAGE 08 Schedule A Description-continued Us Nwnbw NUUMS-4 map entbled,"Map of Golden view Estotse,as flied in the Office of the Ck Ac of the County of SUffoltc as Map Number 7770.420.20 feet 10 8 concrete monument and the Easterly line of Lot Number 6 on the aforesold map; THENCE North 31 degrees 54 minutes 30 seconds West along the said Easierti► line of Lot Number 8 and the Easterly side of a recharge!resin as shown on the laid 'Map of j Golden View Comte"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 monument: THENCE North 63 degr+ess 58 minutes 20 seconds West along the Northeasterly side of said raecharge basin and the Northeasterly side of Condor Court as both are shown on the said"Map of Golden View Estates".208.05 feet t0 a concrete monument and the Easterly side of Lot 15 on the aforesaid map; THENCE North 44 degrees 34 minutes 10 seconds West along the said Easterly elde of tot 15 and the Easterly side of a`Park and Recreation Area'as shown on the said"Map of Golden view EA-do "213.35 feet to a concrete monument and the Southeasterly side of said 1P uk and Remotion Area, THENCE North 3 degrees 29 minutes 10 seconds East along the said Southeasterty side of the said'Park and Recreation Area"356.56 feet to a concraw monument and the land now or lomrerly of K Leeds; THENCE North 34 degrees 09 minutes 50 seconds West along the land now or formerV of K.Leeds 424.26 feet to the land of the Long Island Rairoad Company and the Northeasterly comer of the premises described herein; THENCE North 46 degrees 43 minutes 10 seconds East along the tend 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 and 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 of Main!Road marking the Northeasterly comer of the land now or famreAy of Quay and the Northwesterly caner of land now or formerly SawkW,said monument also being 2,077 feet.more or lass, Continued on Next Page r 1e/1e/21EW 12:23 14n79 MARNTHEN ABSTRACT PANE 89 fSefredul A Description-continued �/ We Number MARY?" qo' Easterly from the Easterly side of Laurel Lane; RUNNING THENCE South 20 degrees i7 Tninutes 30 seconds East:through star land now or formerly Cu®Its 112.72 feet; THEME South 22 degrees 06 minutes 30 seconds East.still through lard crow or kxmedy of Qualls and the land now or formerly of McCarthy 206.04 feat la the Eastedy Olds of land now or formerly of McCarthy and the Westerly One of land nvw orfomrerly of SavAcid; THENCE South 20 degrees 17 minutes 30 seconds East along the said land i now or f wordy of McCarthy and the land now or forniorly of Sawicki 758.88 teat to the Soulhedy tine of land of the Long}Island Railroad Company and the Northerly fine of land now or forrnerty'of Resweller. THENCE South 46 degrees 43 minutes 10 seconds West along the said land of the Laos island Rellraad Company and land now or formerly of Rasweiler 8.66 That to the extreme Northerly end of an arc of a curve; THENCE Southerly,Southvresterty and Waste*along the arc of said curve bearing to the right,,being subtended by a chord bearing South 26 degrees 58 mimutos 50. seconds West a Chord length of 23.69 feet,said pave having a radios of 35.07 feet a length of 24.17 feet; THENCE South 46 degrees 43 minutes 10 seomWe West.through the Northerly side of tend now or formerly of Raswetler 428.92 be to the land now or formerly Of Resweder and the,Easterly Olds of land now or fo medy of Diachun. THENCE North 37 degrees 34 minutes 20 seconds West along the said land now or formerly of Raswetler and land now of fbmwdy of Diachun 8.04 feet to the Soutltedy One of land of the Long Island Railroad Company: THENCE North 46 degrees 43 minutes 10 seconds East along the said land of the Long Island RAOraad Company 428.12 feet to the extreme Westerly and of an are of a curve; THENCE Eestedy,Northeasterly end Northerly along the arc of said curve. Continued On fft9 Page e 18/191%WG 12:23 047179 NARATKN ABSTRACT PAGE 10 Schedule A Dfsedptton-eOfeued Tue Numw MAR79e s bearing to the left,betn9 sublended by a chord length of 20-89 feet sold cum having a radius of 27.07 feet a length of 31.65 feet; THENCE North 20 degrees 17 minutes 30 seconds West through the lands of the Lon[stand Railroad Company and now or formerly of McCarthy 746M feet: THENCE South 69 degrees 42 rnlnutes 20 seconds West still through the,lard now or formerly of McCorMy 2.0 feet; THENCE North 21 degrees 33 minutes 00 seconds West through the land now or fo mady of McCarthy and the land cww at forrnerty of Qualls 205.0 feet; THENCE North 20 degrees 17 minutes 30 seconds West sill through the land now or formerly of Quails 108.0 feet to the southerly side of Main(State)road. 110:NCE North 47 degrees 23 minutes 00 seconds East along the Southerly side of Main(State)Road 12.97 feet to the poK or ploce of BEGINNING. Continued on Next Page (lSrsAC7GKNYltL6JD.ITF(ARNBF9LfrRN7r1QtNEIfYGI�[�l'f7E[hYf,1 LIWALxflYrt IEW.rXWRAWIgIOW97JM,MrWriAXS'rA7r:OA7.S• 'Jhfteemeivl'ad:Cfwtflvraf Suffolk }sx: S'IA*dKcwvQrlt,0xmwar }m: c hr the 6 %L-kv of Oelober in the)ear 2006 Em dw clay u[ in the)rar before irx,tir undersipLil CY of ne D1BatTfolO brfutr nw.the Mdff ty"perwmlllr f Nlcolo Di Sartolo as petstm:dly In*%to me ur ptuvcd w me ms the basb of admf xtstor pc+smaliy kni n to me or pmt%ed to mr an dw basis of:miid'rcoo 4vkk mwbethcic&vithctlta)whmnanvX!aktm*FAraTftdhlthc .witicnteu.irctheinttiviJu: >whn+erantits)rttet�ysubscrib�tttathr Within insnunmil wtd:telnuwl*,W w rw dart heAderAttcy e x mi within iarHr omem m i:rknrnavk".to a that h dafraAltev eat uowl dw Awle in hbdwAhefr cupacilyAwk and duel by UALY heir the sums in hidhmAher r+gw4n)jk..%L tuwl thw' by liisl TAbLir Siat�taaotst on the instnmwem.the itaf%vhwi(s>L or the puatatt tgKa sigfahut.•ta)an dr inaou M the indi.itltt:+k.).or dtc pfascat upon bandf uf.wh' drc indi idualtsl acted.C.U%vw the limumm behalf of which the in+fi%iduakst wu&ewcmd flu hmmm:m uasN srsxuc ll+loa�ta+ soadxi.�tM tSLT;I[rrtdt714ArF_WbtAltjfWfteWMILVNEWFIARA SYA76 ft 1: 1Aca.%VnijaxwJtT1t721/T1Fi7 Uff..MrL mNewyosjrSrAn.-U,%Ze: lN.w•lidSrdmTO"XtYcwrrtArbnmWjr iVt:rrrtlL'l N>ffi+ rfma Carl %tuteafiuctvl'ukClmtnty� }ts: .............}st: on the dtv of +Crpfcse I+xw rirb.lrw.Croanx tn„><r.v&wr4edlgr. in tlrC cmr Ivan,me,the an&TdgRftt per nmi y alywated On the day c+[ in dw year bcfcea na,the omktsignrd.pinx mlly apPmW Um wltx'ti mw wibwA to fhr fumSuing iminmfem,with wfwm t am pcnumilly acquairfted who.bci[w by im duly swim did dcpusr a+d lcrrs,=IN,kn n it to me or pnnrd u+me on the basis of Rati.+fwuvy Say that Itr/lhrAhcy r*d0sk in e\'idCtltY�hlGt.'tAKinlGYk�lai(atVYitt+Ar 1671r1►yxA iir,le)tiQiRiTlh9itlf(hr wkWn it mtunem mat 0. G11nC dW heh�taWy eutWcal rffrkei4aveiJi L*#aril)nc+ctin:inciuch•die arm urtrluree w#wr. the inhh- rrAltairraptutit}Y l.dobyhidhet Mr%A#muwy,) {fewer.rkffvgA Bert hr/*ddwl•iowms) on dw insoummr:the iut ividwIlaR vr*&pmm upetrr bdulf of whk* fhc iffdrvidtfaks)aetui.exavrxlthe itfvrumatl.rtfdthalstfthinditidua! to be the imftvidtlrl dcartdW in.mat who eatcmnl the tin ant; tttacta atah app.:v:utcc before the futdeieiptted in the bwmmtor that said mMmiriNnt;-w hms wrs present and saw Fast wusWe the same:and that Grid witness at dr:cone time suhyclibed Unceri dh till r+rrgltcrlatilrirnl udtliritirv+cuvlrheotdtrnrrwufrivfir hiSAferAheirmmistayeawitnexstlwwta: ndav-pho-i-As,4rriimm*t4m wrmrsrL*ml• BAat;M i SASJ-.D ka. �:cnavn:�.ws+rauarraatoa•ie.•ts , Tint)Pie. Disrwr 1000 SsLitm 127 ?V¢olo DlSarlolo&Caroline S.DiBartolo RiAx c 3 IAA 6A TO Cuuaf v m•romm Soalhohi Joseph A.Gebblu RFMZ A2PATffUL STUF FickiliLs fiadtimal lUe bmrana()mmWny IrFrratirlrruArt7n EIDrt.t'n NATIONAL'1VnX Joshua ii'rumnsky,FS% IMU ANCE COMPANY P.U.Box 882 tM1+tq+rVrrN!R Fast Selauket,N.Y. 11733 C'7�ictweA.GZ{i•�'r((ll��T�+i.wed MMr..:e4+YrW A'r.s....ww p� O e Attachment 4 Number of pages ,roRRENS 2M Oct 18 0%51eANB R Judith R. Pascal! Sntitl M CLERK OFSWM / L DODDIau Cerdferote N P 562 PAW Of.0 DTI U -W41 Deed/Mortgage Instmmettt Deed I Mort w Tax Stamp Recording/Filing Stamps, 31 FE S Page/Fling Fee ` Mortgage Amt. l 1. Basic Tax (dandling S. 00 2 Addhiona171rx TP 504 Sub Tatar Notation _ SpecJAssit. or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX :D Dual Tmvn Dual County T R.P.T.S.A• field for Appoin� Comm.of Ed. S. 00 Transfer Tpx .e Affidavit + a Mansion Tax Certified C The property eovered by thus mortgage is Copy or will he, improved by a one of two NYS Surcharge 15. 00 family dwelling only. Sub Tonal YES or NO Other "' Grand Total ~' If NO.see appropriate oax clause on /� page I ardds' at. r If 4 5�tio>a � Bloclt"3.OV Lot S Commtsoft Pt on Fond Real Property6036022 1000 12700 0300 oo600S Consideration Amount$ Tax Service Agency P T S CPF Tex Fiore S to Verification RDTY A -0Ci Improved VatantLand 6 Satisfactions/DischmmedReleases List Property Owners f4amax tumeas /y" . RECORD&RSNRN TOr TD L- Po. gem 802 T° t 73 7 �# ,M Title Color Information Co. Title Suffolk Count. Recording & Endorsement Pa e This page forms pore or the attached 1 ,ao 8. made by: (SPECIFY TYPE OF INSTRUMENT) CAD �> C Thee premises herein is situated in ri.a` ) oti A sl' [ tRl` Z3 0®SMOLK COUNTY.NSW YORK. 1O in the Tovm9bip or - I a •- A r3S-e k IA- to the VIU.AGI: or HAMLEror "L4,A. r��.. BOXES i THRU'S MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RHCORDING OR FILING. (ancr) �®v ���1I��IM�11t�I�hNf�fllllll�N�IN� , SUFFOLK CO MITT CLERlt RECORDS OFF= RECORDnFa PAGE Type of Iastrumant: DEEDS/DDD Recorded: 10/18/2006 Number of Pages: 4 At: 09351108 jkx Receipt Number : 06-0101505 TRANSFER 'TAX NUMBER: 06-09741 LIBSR: D00012474 PAGE: 562 District: Section: Block: Lot: 1000 127.00 03.00 066.005 $SAIQNED AND CRARGBD AS FOLLOWS Used Amount: $930,000.00 Received the Folloring Fees For Above Inatrume t EXeQJet Exempt Page/Filing $12.00 No Handling $5.00 NO cos $5.00 NO NYs SACRG $15.00. No VA-CTT $5.00 NO EA-STATE $75.00 NO TP-584 $5.00 NO Cert.Copieo $0.00 NO RPT 030.00 NO SCTIX $0.00 NO Transfer tam 03,800.00 NO Coam.Free. $16,000.00 NO Fees Paid $19,9S2.00 TRANS]"M TAX NMU=i 06.-09741 THIS PAGE IS A PART OF THE INSTR==T T8I8 IS NOT A BILL Juditb. A. Pascale County Clerk, Suffolk county _ - P) FIRMLY WHEN WMNG OM PFU - - - - - INMJE SINS:twWj www.crps.stete.rty.us or PHONE(5161 )232 FOR COUNTY USE ONLY � REAL.PROPENY TRAILER REPOWr p STATE OF NEIN TtL9ei fC2.OMW Dad Rnorld IJ� /6 ® f*A1E eWID OF I�AL lwe/911T IeNN S RP - 5217 ,yl ca Tea• - eewp�.�fer PROPERTY WFORMATgN Condor Court _J netrewr I Laurel 'Ent ! IIL948 I C w.a �Q.�. *avow 1 Gabhia 1 Joseph A. Nee t Dunn I Teresa X. l TuT raaro��r IM— ar.. mmr..mwaas.ssearr.aomwn Jose 6 GObbla 8 Teresa N. Duun t es� s auwdly bwwaddrav fr mtam a1 bm�?I P 1 1 475 Condos Court I Laurel IN _7 t 11948 1 .seam - w. .,.�. A kWkob ft mmbw ed Ammmuve ! 1 !f d Parple OR D pan d.ParcU aft■Pm d a ranee fCMA m tbry emp R*pwe b wand e.I an effw deed iIL wwwNa eowd w 1b sandYbTbn AulhwbF fFibb ❑ �D 4&Sibdidm ApprwaTwv W IF' d 0 e I XI (oR I I AM PAW APPwwrb subdm nww wpRwdaed ❑ a sift L�"020 l Hicold I . NM I Di-8artolo 1 Caroline I Memo T.p1A the bmbobwwlkh~Gmwn MrrnaMlMwMdl9�pe.pwl►.tNittk.wdrYe Chfa11M4sMb�rwi.Tra/IIF L Ownwdd0TtFa b OmdoMnian ❑ A Orr Fair FkddwQal EAorklibad , a Now Cw.avabe an Vswtt laM ❑ R 2 a S FMft Swidwfia 1 Coneaue al J mdwalY Nd►P+aPwt/laeaYd w�HMf en Aptktafnel Ohata ❑ C Seeilnelai Vent land GM APB K PAIk SIMM Na eww reoehed a dlchwe no"' d 0 Ibaaaideem WcM Land H 6 painaar¢rAmuwmm LLJ Fovea d w the,.P lv r in an Aeda�nl Cteata 0 . SALE INFCRMATIQN fLChmkww w vow d thm aw>Aws a9peorbla b vEnhe Yh al.saraaee sow 1 09 / LUS Zw0�06 t n Sift ewwan n wNo.or Foe nrwMv tl S*Doman MAW cw4moha or Pamwe In euriww C Om of On RLWv Is rho a sew a ffrw,dSi/Trwwfw t 10, 1 06 t 06 t D Bum or Ww IwGm"wrane Aomw or LwAke by Ralw* ee m mr raw E Ovd ra-nee tNaeweyar 5s98n and Ub GP-*MWW E SdP of Fnm*mN or Lev ewe Fee Iuwee Won*edwM I&see ado rdw I �9 5 0; 0 0.0':0 .Q l G sonaawfL Cwp fA hapwp.9enwen Treble Stanw adSafo Oeb • II Zda d wwi b 4dodad fa sew Mar LWlFa1►Febitf�eeeleLra OfbFowPeowLs PnmeLPvvw* I OIAwUnLwWF aAeadlro80ftWISP AW00 TFbpeywwgmarbe1adofreedvdiclhwfaa0aetarpodi%arftvwwpmd J Now ammommarafrwrebe9eeory PlkwerraaelmataMweawfwbdoewwmrwf tkf►#tbwMnafPrewnl t . 0. 0I ieewii s a r e�le ASSESSMENP WMWAMN-Vm elmuW n4 -d m ktwt FW AwmwmU Rao Cud Tot BLE Ta.Yaw d Avewsa Ree bom l • . I m Tiw AvwN Vdw w ee ommm m twMerl t wldeh bdwioeaoa tsrvl�-� /� � 'i'—�(�- ! u heowLt!tivC (J7 LI to ssaeFpeblaNem.1 12 [I//� cc�/7_ 1 !fa Tea Mep 1leatSlwltl I RCS IeaneOwlel■Dove Sew fv"eftl ehwe eiMw+el IdeellwlNL I 1000-127-3-6.3 I 1 1 1 1 1 r CERFFII MDN Ael as d ak d retried w ft Win See nee ed caned fin the bee!a fIW I Fje mast"ad F ueldetr d em die mdit ftf w frt EYd wt nbjm me b Otf armbbmi d the mm d bw"boo L Do wdb4 wd is d h w bete®em� SUYM ATTORNEY on ftmansky Jo h" X. euvrEM mum, s wnw 475 Condor Ct. 751-3119 I 631 12913a99W erewreureee mecrwwturiuwu awwcaob rraeew Laurel _ I NV L 1TQAR oe► mw vame 01, NEW YORK STATE COPY 2. z. 1 In AR 776 S � � � [ NYaOd-Ba+Rmmml Safe aKd riff I:aRC�f a�aieil l7radadi Acn tamMdaal a Curpuraooe 151�l1'ShMt(FYtrt1)g11'a �� ltliMETYouatAWVEaIIitiFQil SICK t:9HLS6\tiTltu.IF:iT.ntlS ISSMU -4TSIMIL11aEl8SMof IAWVIMGNLV TM WDI]V7't7 M!!lade ibe 6th day of October .in the)Tess 2006 I LTWEF.N Nicola DiBartolo and Caroline S.DIBartofo 475 Condor Court Laurel,-N.Y. 11948 pa 6y,or the first pm.and Joseph A.Gebbki,P.O.Box 1448,Stony Brook,N.Y. 11790 and Teresa M.Dunn,P.O.Box 1448.Stony Brook,N.Y. 11790 Wa7w A&SIpiwr6 .r W Vio vAued Gou'Wr sernaQwr,'0V y palm of the mcmd Pon. sf 73 3, W UNESSETH.that dw pony of the fires pan.in comidemion of Tcn Dollm tad uduer valuable aatmidewlion paid by the piny oftheasand pad.dw hereby gratuandmliu ►muodwpartyofthaseamd(onrin:heirsarstsceeamisikamil;nxof Me party of the second pan forms. ALLftt emain plot,piece or pans4 of land.uith the hdld'tny's mnl imponvisw res da:tem eteete l situate.Ivirg and Irirtg in the SEE SCIIEDULE"A"ATTACHED That Grantors hereby quitclahns to Grantees any right,title or interest In a certain right-of- way to Main Road as described In Schedule"A"berehu BEING AND INTENDED TO BE part of the premises as conveyed by deed dated 4/14106 and recorded 4120106 in the Suffolk County�CCllerk's Office in Libor D0001246..poge 351. a2.t,P��j L la i�aas'1`lk E' 0 9/SUBJEcr TO NEW YORK STA D A ENT OF ENVIRONMENTAL CONSERVATION("NYSDECw}COVENANT FILED IN DEED DATED I Iffl t AND RECORDED IN LIBER 12425 AT PAGE:494 fN THE OFFICE OF THE SUFFOLK COUNTY CLERK PREMISES KNOWN AS: 475 Condor Court.Laurel,N.Y. 11%8 SCTMf1100&127--3-6 S(.918 acres,40,000 sq.%) TOG"HICR aith all tight.title mud interest,if.hty,of the ratty of the Mat pun of.in an and ro any aanets d nails abuttl1w the alsovedesrailra .pretrthextothe'64nletlimsthemaf;11MRTIIF.Mwilt!theappuetenameetattdalitheQSWICandtijhfaoftiw ipany of ttt-first pas in and wimid presn es;TO HAVE.ANDTO HOLD dae pismires herein ptttnted unto the patty of the snvod pan.dse heirs or sviceessm and assilpta of the peaty ur she setood pan forever. AND the posy of the first pan avvctmats that the party of de lira pan has ntu dune:or suffened myddag wherdw the raid pastua s how been incumbm-d in any way u'Yatever,exMi as armendd. ANTI the sty of the rmt part.to asntpkin=with Secdon 13 oft a Lien Law.aniauanca that the party or the fart part will teuke dreonsidelatientorih'saconveyattre and wi8 hold the ripM towcelve such eoodderadtr,asa b1m find tube amrad first for the purpause or paying the ass[of the irnpnwentent and will apply the some first to ibe paymam of the cost of dte impnim awn►befarc usin j;any pat of the total of the same for any ashes parp m. The word'pat%r%hail heavmtnted as if it mat'panW wkte srver the sense of this;bstle ture sn seVue& IN WITNF.f!''WHEREOF.the parry of the fast fiat has dulycracmus!dds*ed the day and yearftnut dhase written. L�raF�R1Y'6 tiR r o DIBartol Q rollno S. art010 f Schedule A Description 11W NUMOM M AKI to-* I-Me I i 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 point which marks the division line between land now or formally of Half Hollow Nursery Corp.(formerly Rasweiler)at the northeast comer of premises described herein,said point being distant fhe following four . (4)courses and distances from a monument set in the southerly side of lands now or formerly of gong Island Railroad Company where the same is intersected by the Northwest comer of lands now or formerly Half Hollow Nursery Corp. (formerly Raswaffery 1. South 37 degrees 34 minutes 20 seconds East 263.31 feet to a concrete monument: 2. North 61 degrees 17 minutes 00 seconds East 95.05 feet to a concrete monument; 3. South 29 degrees 19 minutes 40 seconds fast 517.90 feet to a concrete monument; 4. South 17 degrees 48 minutes 40 seconds East 380.64 feet to the true point or place of Beginning. Running THENCE from said Point and Place of Beginning,still along the division line between land now or formerly of Half Hollow Nursery Corp.(formerly Rasweiler)South 17 degrees 48 minutes 40 seconds East 2W feet; RUNNING THENCE South 72 degrees 11 minutes and 20 seconds West along the lands now or formally of Nfeolo and Caroline OiBadclo 200.00 feet; THENCE North 17 degrees 48 minutes 40 seconds West along the lands now or formerly of Nicole and Caroline DiBartolo 200.00 feet; THENCE North 17 degrees I minutes 20 seconds fast along the lands now or formerly of Nicole and Caroline DiBartolo 200 feet to the land now or formerly of Half Hollow Nursery Corp.(formerly Resweiler)to the true point and place of BEGINNING, I Together with a non-exdusivo easement of right-of-way for the purpose of ingress and egress to and from Condor Court to the premises described herein. Said easement of right-of-way is shown as a proposed gravel roadway on a certain map entitled 'Map of Property Surveyed for N"Icolo and Caroline S. DiBartolo at Laurel,Suffolk County,NY'.Surveyed on March 28, 1994 and last O+Ei r"W)it ""by RA*j*If6lftW P& UbNAC XVoatisnimaWMWRE OWWMHNetit&nrrrassrATEAhr. uxrAc wmuwamTraomesrowwamA►Ixwrmsr47s rn ^ ' Slateaiwewlost.CmmlyoT Suffolk Iset: SWtefAkerYwit.Cwa�Md lsa<:�� Y i On the 6 AV of October �p�odin the year 2006 On the day of hr dey�ar berm me.the undwsi rl�ie$.DlBarbolo balm mar undm%%pal.Pero wW:ffcxed Nicole Disa take ttn Ca pmwttally known to ne or pm-W to nv as du bmds of wdi<wtmy peNinilBy knm-n to me or purred to to an die bows of mdWaeusy eeiskt>wtot�eth inJivWtndfalarhwetwtmasD>sfalwbxdbcdwtfr cvidwcstnbetheb><liridua$s)wltoarrcuarts)'StmtauberribNwtM within Witi netn and a to me do heAdmhbcy awcuted widtin Ina mttent W adawwlod�,ed ra me do bdrhdthex eaaweJ the rattle in MO MA t)tiexA mrd due by MWbmltbdr do elan in hLvjLrAltelr capocitytirs% :teat that by Wgkerhheir siyguimis)on the itt Uum nL the lodlvitimb).of ft petaon upon simmhttets)an the hLgmmczL dw hWWWm ItbL or the pmn upnn bd df titwhicb the' ' ' us O uecd.a the iraumneaL btdwiff of which dte individwUM acted execolnithe imtmtnmt. GRECC4 NQt%4aY L4JlIJG.SfATL t)F NFw Y�aK QtBtiF IR&ffw wry tW ld/LSDi)NE1fPtltESAPICi y9;20N It ltwUseWhingNawVOUSr IX(%% % 7ltVfhTXiNENrl�6rfAf�iJls/�Xf/IIdS9 aVEwYlAtlt$rA11601�t1tr /Yrrrmrsd-viikstnssw"aeb.mfidsorwft:rAt awr/ rrku.ysaur..r�:s+rg.wa.dA.tir�k�t+.ntlC +f SlatrofNewYarit.f�ouolyaf )�: .................................. .......iss: tC."*W%,~w&k3m :L'AAntnr PnArterAr.+rlranirip�iry) On the day of in the v= beram we.the tardeearg LA pamimlly appemed Ott dw tee,day of in the year beftwn the undrrs)}nerl.p�trati)y appgtod the m"wilbioi whets to the rompilig itt+mtttteut,with wboin I ant persomily aequ>int wla.beitigby nx duly mom,did depme wd pmmally knots to me or pm�tsl to are on tltc is of�faea><y xnr that Itd9dtMirsyttside/s1 in evidensm twttethe ittdtvidtmi(s)adtarecrut►Ytt)eslasr)wbsal6rtlwfltr widda ittatnuttcnt and acbvvmte to im do ite&Wbcf esuatted llrfirnkrYtefasktner6renartia.im}wlhthramvtrmd.+!►rttteremkei. the�ttrinhisllerhlteirewpanttyy((xsl.ttnlbybitlhedtheirFtgnattar(s} iJran;Awmj},-der h idta tey In ouls) to the inmummn,the iadividtedts).ttrthe petsm upon tteit if of which thrinifiAduaRs)acted.etwoWthcinmumettt mil tatstairWvi IwI to tm the inGvii1ml&baibml in and who ececuted the t'urtte w,ing taadr stub apptanutce below dw an migmd in the imuunenr dut said obsudbing 6rinu`ss was print mid saw Svd a mite dw same:and del said witness m the smne titre subwdhnl f Ina rt the cnr w 0dwrItn AWd a&r"cnat find for sae arcamtry or hielheNthenrttatnetstas s aitttt�thrmtn. rAthtr/alere t/r0 anGrAArbtt(t;ttrnru n.o trita7tA Uaatamtt t5}ri).t:Dt?}ta �'nX C1KSW 11i17 Atit`eSf YRYat�'9 M'19 ' TATMENtr. Dimicr IOQO 5t-nw 127 Nicole Dillartolo&Caroline S.DlBartolo et.tr K 3 LOT 6.5 C mm-W(a Tow% Southold TO Joseph A.Gebbia dt'Teresa W Dann AfWA WArVEQUfFsr0F FWk ty NkdMd Title Insoronce CarapIIn) RETUfweri+stnru WWFHwLffyKATzomALTm.p Joshua Prumuskyr Eml. mAmm Co?,IPANvP.O.Sol902 ^v"Mun � East Setauket,N.Y. 11733 nln9is/d�rrfaJADr.1r.e�An O O W Attachment 5 m',Rji m 4 tL rmdoelewnw�-Frert' x'4'4 a.Cmvct`-a�'�[+d.flr,oa:x �.mawn x •{-:;' � ,_ ..o•• X F C Gl 9 hnpsl;taagov.hugw.cemlraithcil.uschfS.sr[h ti Q m {z � � ... � • r+ 0 Wag *N 1 S � Welcome to the Town of Southold 'i Online Tax Payment and Search System e w Own., SBL Address SDI• Gebbie.1—phA 127.-".4 575 Condor Ct 16565 r Gebbia JosepbA 127.-M.5 475 Condor Cl 16566 VM:Dewas Gebbia Brian 115.-6-13 25 Azalea Rd 14868 67ety DeWls Gebbia Jamey 113.7-19.15 710 Tall Wood L. 14451 vlm•,oewus Tatal Resul 4 ✓7 k�mr ,® Q`a=h_ _� -'�^",�, �'� <J W 'i ^ ® F. %O 83 r.5a u4 Sf'o_ _ :n:rmv II OFFICE ADDRESS; ___ Z`OWN OF SOU'rHOILD OFF)CE HOltxsX PRUNE suns ROUTR ss-P.O.BOX 1IO9 7SCDLIDATED RE AIL.PR OPI;R7'Y TAX B; l,ON-FM 8:00 A11 TO 4:00 P5I SOUTHOLD,NY 1 1 9 7 1-0-199. DECEN, ,,2023-NOV11 181111 30,2024-TAXES BECOME A LIEN DECENIBA 3 631-765.1803 FAX:631-765.5189 • •+. •. IF THE WORD'AnRE ARS'IS PRIIITED HERE SEES ==[OUNT HUMBEA BILL NU14SER NOT CE OF ARREJt.4y:NERSE SIDE. b %1) 473889 127.-3-6.5 382 14 16566 PROPEFITY LOCATION ACRES I EXENIPTION,DESCRIPTIONVALUE FULL PURPOSE 475 CONDOR CT 0.92 BAS STAR 920 73,6B9 SCHOOL COUNTY . TOWN AID BANK CODE 349,275,904 ,912,706 I ►V9 PROPERTY •• ROLLSECT PROPERTYTYPE 210, 1 1 Family Res WARRANT DATE LAND ASSESSMENT TOTTL GEBBIA JOSEPH A 12 05 OWNER 1,500 11,600, DUNN TERESA MMARCH 3 475 CONDOR CT • • .. • + LAUREL, NY 11948 EBBIA, JOSEPH A i- 2022-2023 TAX PAYMENT •^ • • • 1st Half 16570 $9,395.39 01/09/2023 AssESSEDvuuE RAno looxoFFueLVAtuE_ 2nd Half 16570 $9,345.39 01/09/2023 11,600 0.57%Or-': 2,035,088 .IVY 177 GI 1.PT��-d—_ LEVY% TAXABLE VALUE I 'TAX AMOUNT I TOTALTA(AMODUT MATTITUCK SCHOOL 62,14% 11,600 951.048 2.90`$ 11,032.16 ! MATTITUCK LIBRARY 4.57% 11,600 1 69.992 5.30% 811:91 j Your tax savings this year resulting from the New York State School TI3x Relief(STI R)is: -$399.44 (-2.25%) This yeads STAR exemption benefit Cannot exceed last yeads benefitTAX � I • 64.46% • - • • 11.444.63 SUFFOLK COUNTY TAX 1.82% ! 11,600 27.901 'O.00W 323.65 ° SC COMMUNITY COLLEGE 0.13% I 11,600 1.959 0.00% 22.72 TAX LEWED FOR COUNTY346.37 SOUTHOLD T041N TAX 22.87% 11,600 1349.937 3.40% 4,059.27 TAX LEVIED r. 22.87% • ` • 4,059.27 MTA PAYROLL TAX 0.04% 11,600 0.675 1 5..600 7.83 OUT OF CTY SCCC I 0.05% 11,600 0.701 -16.50% 8.13 NYS REAL, PROP TAXLAW � 0.10% 11,600 1.511 -76.la% 17.53 MATTITUCK FD 7.97% I 11,600 121.975 15.00% 1,414.91 MATTITUCK PARK 1.58% J 11,600 '24.178 1:90a- 280.46 SOLID WASTE DISTRICT � 0.98% ii 11,600 I4.928 -24.10% 173.16 IIf TAX LEVIED 10.72% • ` OTHER DISTRiCTS1 902.02 FIRST HALF TAX SECON[3 HALF TAX TbTAL TAX LEVY � 87 slij 2,29 DUEOEC.I,I�PAYABLE WITHOUT PENALTY TO LAN.td,2021 OUE OEC.I.2G?3PAYABLE WRHOtRP`SpLTYTO WlY3t,2'124 SEE gLVERiE THIS TAX MAY BE PAID IN ONE OR TWO WSTALLh1ENTS SEE P.EVERSE SDP.FOR PENA27Y SCHEDULE. ISIDE FOR PENALTY SCHEDULE AXD COUNTY C0.4IPTROLLERB NOTICE. SECOND HALF—SOUTHOLD TAX LEVY•2023-2024 SUFFOLK COUNTY TAX MAP NUMBER DETACH STUB AND RETURN WITH SECOND HALF PAYMENT-RETURN BOTH STUBS 473889 127.-3-6.5 FOR PAYMENT OF TOTAL TAX,MAKE CHECK PAYABLE TO:KELLY J.FOGARTY, RECEIVER OF TAXES AND WRITE BILL NO.AND TAX MAP NO.ON FACE OF THE CHECK. AC GLINT DUM E30LL NO._ ASSESSED ❑ OTHER •876.15 16566� CHECK HERE IF YOU WANT A RECEPT GEBBIA JOSEPH A The following bank branches located within the Town of Southold accept payments during regular business hours:M&T Bank branches in Cutchogue and Greenport. 47388900000127XZ3Z6X5016566230000000000887615017752294 -------------------------------------------------------- FIRST HALF'-SOUTHOLD TAX LEVY•2023-2024 SUFFOLK COUNTY TAX MAP NUMBER DETACH STUB FOR FIRST HALF PAYMENT-RETURN BOTH STUBS FOR 473889 127.-3-6.5 PAYMENT OF TOTAL TAX,MAKE CHECK PAYABLE TO:KELLY J.FOGARTY, RECEIVER OF TAXES AND WRITE BILL NO.AND TAX MAP NOON FACE OF THE CHECK. AL470UNT IDUIZ DOLL NO. BECOMEFIRST HALF TAXES DEC • TO PAID BY: ❑ASSESSED L7- OTHER $8 876-14 -- ---�---�� ❑CHECK HERE IF YOU WANT A RECEIPT GEBBIA JOSEPH-A $17.752.29 The following bank branches located within the Town of Southold accept payments during regular business hours:M&T Bank branches in Cutchogue and Greenport. 47388900000127XZ3Z6X5016566230088761400000000017752293 OFFICE ADDRESS: _ TOWN OF SOUTHO](iD 0M- CE HOURS&PHONE 5309.5 ROUTE s5-P.O.BOX 1409 I'1-11801.IDATED REAL PROPERTY'TAX 8:00 AM. •ro 4:00 Pal SOUTHOLD,NY 11971-0499 DECEi1 2023-NOVEDIBER 30,2-024-7AXE.9 BECOAIE A LIEN DECEffiBl �E3 631-78,-1803 I[AX,631-7GS5189 i • •• •e IF THE WORD-ARREARS-IS PRINTED HERE SEE =NT NUMBER BILL NUMBER • NOTICEOFARHENiSCNRE`;EFiSESIUE $ 473889 127_-3-6.4 382 14 16565 PROPERTY LOCATION ACRES EXEMPTION DESCRIPTION VALUE FULL PURPOSE 575 CONDOR CT 6.89 n / COUNTYAO TOWN All) SANK CODE 349,275,904 ,912,706 PROPERTY CODE ROLL SEtT PROPERTY 254 1 Estate 1WARRANT DATE LAND ASSESSMENT TOTAL ASSESSMENT GEBBIA JOSEPH A 12 05 2Q23 3,800 11,000 475 CONDOR CT OWNER AS OF TAXABLE STATUS•, TE ON MARCH 1 2,023 LAUREL, NY 11948 EBBIA, JOSEPH A • • •- •N NC)TICE OF ■ 1st Half 16569 $8,340.27 01/09/2023 ASSESSEOYALUE RATU1 ta'4.LOFFULLVAIUE 2nd Half 16569 $8,340.27 01/09/2023 11,000 1gtH 0.57%OFRS: 1,929,825 LEVY 9L —TAXABLE VALUE TAX AMOUNT TOTAL TAX AMOUNT MATTITUCK SCHOOL 60.78% 11,COO 951.048 2.90% 10,461.53 MATTITUCK LIBRARY 4.47% 11,0,00 69.992 5.30% 7619.91 l TAX LEVIED FOR • • 11,231.44 SUFFOLK COUNTY TAX 1.78% 11,000 2.7.901 0.00% 306.91 SC CObR4UNITY COLLEGE 0.13% 11,000 1.959 0.00% 21.55 TAXLEVIED 191°h • ' COUNTY328.46 SOUTHOLD TOWN TAX 22.36% 11,000 [349.937 3.40% 3,849.31 TAX LEVIED22.36% FOR • 3,849.31 MTA PAYROLL TAX 0.04% 11,000 0.675 5,60% 7.43 OUT OF CTY SCCC i 0.04% 11,000 0.701 -16.50% 7.71 NYS REAL PROP TAXLAW 0.10% II,000 1.511 -76.10% 16.62 MATTITUCK FD 7.79% 11,000 121.975 1.5.00° 1,341.73 MATTITUCK PARK 1.55% 111000 '24.178 1.90% 265.96 SOLID WASTE DISTRICT ! 0.95% 1I,000 14.929 -24.I0% 164.21 I 1 TAX LEVIED 10.47% • ■ OTHER DISTRICTS1 803.66 FIRST HALF TAX SECOND HALF TAX TOTAL TAX LEVY ® 917.217 R7 DUE DEG 1,=PAYABLEYATHOUT PENALTYDE-1.23 PAYABLE VMWMTPEMLTYtOlJAY31,2Mc4,S'eE R-FYEASE THIS TAX MAY BE PAID IN ONE OR TWO INSTALUiENTs 1 ——— SEE gEYGgSE SIDE FDA PENALTY$CHEOtB,E —— SICE FOR PENALTY SCHEDULE AND COUNfV COIWTROLLEgS NDTICE.—__—J__—_—_— — —1— SECOND HALF SOUTHOLD TAX LEVY-2023-2024 SUFFOLK COUNTY TAXMAPNUMBER DETACH STUB AND RETURN WITH SECOND HALF PAYMENT-RETURN BOTH STUBS 473889 127.-3-6.4 FOR PAYMENT OF TOTAL TAX,MAKE CHECK PAYABLE TO:KELLY J.FOGARTY, RECEIVER OF TAXES AND WRITE BILL NO,AND TAX MAP NOON FACE OF THE CHECK. AL 20UNT DUE E31LL NO_ PAID BY: ❑ASSESSED ❑ OTHER �$8.606.44 16565� —_ CHECK HERE IF YOU WANT A RECEIPT GEBBIA JOSEPH A The following bank branches located within the Town of Southold accept payments during regular business hours:M&T Bank branches in Cutchogue and Greenport. 47388900000iZ73¢3M4016565230000000000860644017212872 FIRST HALF-SOUTHOLD TAX LEVY•2023-2024 — SUFFOLK COUNTY TAX 61AP NUMBER DETACH STUB FOR FIRST HALF PAYMENT RETURN BOTH STUBS FOR 473869 127.-3-6.4 PAYMENT OF TOTAL-TAX;MAKE CHECK PAYABLE TO:KELLY J.FOGARTY, RECEIVER OF TAXES AND WRITE BILL NO.AND TAX MAP NO. FACE OF THE CHECK. AMOa1PJr DUE _ 0ILL NO. FIRS THALFTAXES •. ,C PAID BY: ❑ASSESSED ❑ OTHER __ $8.6Q6AS _-Afi565-j 'i ❑CHECK HERE IF YOU WANT A RECEIPT GEBBIA JOSEPH A $17.212.87 The following bank branches located within the Town of Southold accept payments during regular business hours:M&T Bank branches in Cutchogue and Greenport. 47388900000127XZ3Z6X4016565230086064300000000017212871 Attachment 6 Letter ANSI A Landscape July 17, 2024 1:4,514 0 0.03 0.06 0.11 mi Zoning Inquiry World Transportation 11 0 0.04 0.09 0.18 km TaxParcels Inquiry Esri,HERE,PC,Esri,HERE,Garmin,PC,Mazar St. St. mo let 11- Al"� uE fal-o— -M-Ht- I..PA—L 3 o' fen PARCEL NM 12E -.02.1 SEE SEC.CO. 125-0-21 a—M —G A .2 S Ct" BA(c &0 AN) PANJ 4 0 0 rA 4..BA(d T A 12 ILO All) 17 CA \k- ORI. M AN.) to ANI JO�0 3.3 A 221M.) I..A 9 514-1 V 5 FOR I.RIEL,Re. SEE SEC..0.120-01-1 —RC M." MC ruN I.E scam Legend COUNTY OF SUFFOLK SOUTHOLD MICHAM VAK(IR.in. Q-1 F I I I 111 Lim (Sq C j 127 H. Real Property Tax Service Agency I'LL—-1 E4— T Cbonty Center DISTRICY RD.1000 X�PIIEET I 78 s SEE SEC_ NO 125 =81 N 273 800 _ °�t _ MATCH _ LINE 6Q -°0- • N 273,514.98 49.6 A E 2,395,660.24 N s� �s N 273,057.131 . E 2,395,963.651 - �p /a,` N 272,718.91� E 2,396, 185.66 • 1� Attachment 7 RPTSA Map • , t .�t s IN J� 'ht47t, v 7/17/2024,.8:10:24 AM 1:3,703 0 0.03 0.06 0.12 mi 0 0.05 0.1 0.2 km Real Property Tax Service Agency COpyrighto The information contained In this webpege is the exclusive property of the County of Suffolk.The County of Suffolk grants the user a non-exclusive,nontransferable license to use the Tax Maps and/or Product as defined in your Llcense Agreement. Martha F.Reichert Twome Latham NYBARer Y S H E A, K E L L E Y, DUBIN & Q U A R T A R A R O, LLP 631.727.2180 x305mreichert@suffolklaw.com 33 West Second St. P.O.Box 9398 Riverhead,NY 11901 Thomas A.Twomey,Jr. (1945-2014) July 25,2024 John F.Shea,III Christopher D.Kelley RECEIVED David M.Dubin -.- Jay P.Quartararo t By Email: Peter M.Mott Leslie Kanes Weisman Chairperson �24 Janice L.Snead ' JUL��� Kathryn Dalli Zoning Board of Appeals Jeffrey W.Pagano o Town of SoutholdKaren A.Hoeg ZpIVIIVG Bernadette E.Tuthill Town Hall Annex Building BOARD OF APPEALS Craig H.Handler 54375 Route 25 Bryan J.Drago P.O.Box 1179 Scott Handwerker Martha F.Reichert Southold,NY 11971 SENIOR COUNSEL Stephen B.Latham Re: ZBA Aualication No. 7902—Aunlication Gebbia&Dunn 2146 Route 25 a/k/a 575 Condor Court a/k/a/475 Condor Court, ASSOCIATES Lorraine Paceleo Laurel,NY(SCTM No. 1000-127-3-6.4)& Terrence Russell 475 Condor Court, Laurel,NY(SCTM No. 1000-127-3-6.5) MaryKate L.Brigham Jacqueline M.Morley David L.Hamill Dear Chairperson Weisman and Members of the Board: Jessica L.Dubowski May Theobalt This letter is in response to the letter of Patricia C. Moore, Esq. dated July 25, OF COUNSEL 2024. The examples cited by Ms. Moore in her letter are completely inapposite to the Patricia J.Russell facts of the instant matter. Those examples, whereby the ZBA recognized lots for Jennifer P.Nigro Joan Morgan McGivem reasons not enumerated in the Town Code's Lot Recognition provision, involved Allison Singh government action resulting from a taking of land by condemnation or a split of the SPECIAL COUNSEL land caused by the laying out of a road. Lisa Clare Kombrink Kevin M.Fox The Applicants can claim no such similar hardship or circumstance that would Craig Gibson pp p Kevin Handwerker justify the granting of lot recognition for a reason not enumerated in the Code. Instead, Marina M.Martielli the only evidence presented is that the land was assigned two different tax. map designations to facilitate the collection of taxes based on the use classification and the i• NYBLABARS improvements thereupon. The ZBA should not be persuaded by such a faulty t LL.MINTAXATION ♦ NY&WaARS comparison to the instant matter. O NY,NJ&PA BARS ■ NY,NJ B DC BARS ♦ NY,NJ&FL BARS Sincerely, Main Office 33 West Second St. P.O.Box 9398 Riverhead,NY 11901 631.727.2180 Martha . Reichert suffolklaw.com Cc: Julie McGiveney, Esq., Southold Town Attorney's Office(via Email) Patricia Moore,Esq. (via Email) Kathryn Dalli TwomeyIN th m Partner 631.727.2180 x228 SHEA, KELLEY, DUBIN & QUARTARARO, LLP kdalll@suffolklaw.com 33 West Second St. P.O.Box 9398 Riverhead,NY 11901 suffolklatv.com VIA FEDERAL EXPRESS DELIVERY JULY 29,2024 July 26,2024 Joseph A. Gebbia and Teresa M. Dunn Received 475 Condor Court Laurel,New York 11948 JUL 2 9 2024 The Long Island Rail Road Company Zoning Board of Appeals e%the MTA 9302 Sutphin Blvd. Jamaica,New York 11435 Half Hollow Nursery Corp. (, 2120 Main Road, Laurel,New York 11949 Town of Southold Zoning Board of Appeals 54375 Route 25 Southold,New York 11971 Re: Mangieri, et al. v. Gebbia,et al. Suffolk Comity Index No.: 617224/2024 To Whom It May Concern: Please be advised that this office represents the plaintiffs in the above-referenced matter, in which we tiled a Summons and Complaint on July 16, 2024. This is to advise you that we will be presenting to the Court a proposed Order to Show Cause with Temporary Restraining Order at One Court Street. Riverhead. New York on July 31, 2024 at 10:00 a.m. A copy of the proposed Order is enclosed. Very truly yours, Kathryn Dalli /enc. At a Special Term Part of the Supreme Court of the State of New York, held in and for the County of Suffolk, at the Courthouse thereof, located at One Court Street, Riverhead,New York 11901, on the day of 2024 PRESENT: received Hon. J.S.C. VUL 2 9 2024 Zoning Board of Appy GIAN MANGIERI, STEPHEN SCHOTT and Index No.: 617224/2024 KRISTIANNA SCHOTT, Plaintiffs, ORDER TO SHOW CAUSE WITH TEMPORARY -against- RESTRAINING ORDER JOSEPH A. GEBBIA, TERESA M. DUNN, THE LONG ISLAND RAIL ROAD COMPANY, HALF HOLLOW NURSERY REALTY CORP. and TOWN OF SOUTHOLD ZONING BOARD OF APPEALS, Defendants. -------------------------------------------------------------------------X UPON reading and filing the Summons and Verified Complaint of the Plaintiffs, duly verified on July 15,2024 and filed on July 16,2024;the Affirmation of Kathryn Dalli, Esq.,dated July 26, 2024, and the exhibits attached thereto; the Affirmation of Gian Mangieri, duly affirmed on July 24, 2024 and the exhibits attached thereto; the Affirmation of Stephen Schott, duly affirmed on July 25,2024,the accompanying Memorandum of Law,dated July 26,2024;and upon all prior proceedings heretofore had herein; LET the defendants show cause before this Court, at a Special Term Part , in Room at the Courthouse located at One Court Street, Riverhead,New York 11901, on July 31, 2024, at 10:00 a.m., or as soon thereafter as counsel can be heard, why an Order should not be made and entered granting Plaintiffs a temporary restraining order and preliminary injunction, pursuant to CPLR §§ 6301 and 6311, restraining the defendants, Joseph A. Gebbia and Teresa M. Dunn, from pursuing and/or proceeding with their pending application to the Town of Southold Zoning Board of Appeals for review of the Notice of Disapproval from the Town of Southold Building Department, dated December 27, 2023 and amended January 12, 2024, that is based 'or premised upon the existence of an easement right-of-way that touches or burdens either or both of Plaintiffs' properties located at 2450 Route 25, 2050 Route 25, and 2570 Route 25, Laurel, New York, and restraining Town of Southold Zoning Board of Appeals from making a final decision on the application of defendants, Joseph A. Gebbia and Teresa M. Dunn. ORDERED, that pending the hearing and determination of the motion, the defendants, Joseph A. Gebbia and Teresa M. Dunn, and each of them, and their agents and employees, or anyone acting on their behalf, are hereby restrained and enjoined from pursuing and/or proceeding with their pending application for review of the Town of Southold's Building Department Notice of Disapproval before the Town of Southold Zoning Board of Appeals that is premised or based upon the existence of an easement right-of-way that touches or burdens either or both of Plaintiffs' properties located at 2450 Route 25 and 2050 Route 25, Laurel, New York (SCTM Nos. 1000- 125-3-2.4 and 18.1), and 2570 Route 25, Laurel, New York (SCTM No. 1000-125-3-3, and restraining Town of Southold Zoning Board of Appeals from deciding the appeal, it is further 'ORDERED, that sufficient cause appearing therefor, let service of a conformed copy of this Order to Show Cause, together with the supporting papers upon which it is based and was granted, upon Defendants, Joseph A. Gebbia and Teresa M. Dunn at 475 Condor Court, Laurel, New York 11948, The Long Island Rail Road Company at c/o the MTA 9302 Sutphin Blvd., Jamaica, New York 11435, Half Hollow Nursery Corp. at 2120 Main Road, Laurel, New York 2 11948 and Town of Southold Zoning Board of Appeals at 54375 Route 25, Southold,New York 11971, by overnight courier on or before 2024, shall be deemed good and sufficient service thereof, and it is further ORDERED,that answering papers, if any, shall be filed and served so as to be received by Plaintiffs' attorneys, Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP, at 33 West Second Street, Riverhead, New York 11901, on or before , 2024; and it is further ORDERED, that Plaintiffs' request to file reply papers is granted and any reply papers, if any, shall be filed at least one day before the return date herein. Dated: ENTER: J.S.C. 3