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HomeMy WebLinkAboutTR-4837Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. ISSUED TO ~F~7 DATE: ,., ~1g/18/97 ,PHILIP & CHERYL MARINO Pursuant to the provisions of Chapter 61~i of the Laws of the State of New Yor~, 1893; and Chapter 404 of the Laws of the State of New York 1952: and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REIvIOVAL OF SAND, GRAVEL OR OTHER h4ATERIALS FRONt LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted et a meetincj held on 1;~/17/9.? 19 97,, and in consideration of the sum of $ 678,00 paid by En-gonsultants.. Inc .... for PHILIP & GH~]R.YL MARINO Of. Southold. N.Y. and subject to the Terms and Cond~tlons J~sted on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: Wetland Permit to constr, house, driveway, san. syst., utiti'tie~" remove exist, dock, erect new timber dock consist, of 4'X14' fixed ramp, 3 1/2' above marsh, 4'X17' fixed walk, 4' X 14' & a ~',X20' floaZ with .Z- 8" ~{~lj~ spec,f,cations as presented i, a. m accordance w~th the i i . .. the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be aft;xed, and these presents to be subscribed by · major;fy of the said Board as of this def, e. Albert J. Krupski. President John Holzapfel. Vice President Jim King Martin bi. Gan'ell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use OB~ly ~weaStal Erosion Permit Application tland Permit Application Grandfather Permit Application ~ Waiver/Amend~ent/Chs;nges. c--~ved Application: F'/~2/,~ ~-;Keceived Fee:$~'O ~pleted Application F~/~ ~ .Incomplete SEQ~ Classification: ~e I .~e II Unlisted coordinauion: (date se~t CAS ReferralHearingSent: ~/~t/~ Z ~.-Tfate of Inspection: Receipt of CAC Report: Lead Agency Deuermination:~ Technical Review: ~-'~ub lis Held: ,,//,/, ~ Resolution: Name of Address Applicant Philip & Cheryl Merino 8 Wheelright Way, Smithtown, NY 11787 Phone Number:(516 ) 361-4729 Suffolk Counuy Tax Map Number: 1000 ~ 70-4-32 Property Location: NoS Youngs Rd W. (aka Hill Rd), Southold (provide LILCO Pole ~, distance to cross streets, AGENT: En-Consultants, Inc. {If applicable) Address: 1329 North Sea Rd. Southampton, NY 11968 and location) Phone: 516-283-6360 FAX~: 516-283-6136 ~E~ERAL DATA Land Area (in square feet): 33,323 Area Zoning: R-40 Previous use of property: Intended use of property: Vacant residential One-family dwelling Prior permits/approvals for site improvements: Aqenc¥ 'Date None x No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? x No Yes If yes, provide explanation: Project Description (use attachments if necessa~t): See attached WETLAND/TRU$~"R LAB-DS ARPLICATION DATA Purpose of the proposed operations: Private boat dock associated with new one-family dwellinG. Area of wetlands on lot: 2,250 square feet Percent coverage of lot: 6.7 % Closest distance between nearest existing structure and upland edge of wetlands: n/a feet Closest distance between nearest proposed structure and upland edge of wetlands: 75 feet Does the project involve excavation or filling? No x Yes If yes, how much material will be excavated? How much material will be filled? 0 Depth of which material will be removed or deposited: 6' feet Proposed slope throughout the area of operations:No change. Manner in which material will be removed or deposited: Basement will be excavated by crane. 300 cubic yards cubic yards Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attacb_ments if appropriate): No effect upon wetlands. Proiect DescriPtion Construct a one-family dwelling, pervious driveway, sanitary system, underground utilities all as shown on attached plot plan. No additional fill will be required. All development restrictions are met or exceeded. Remove existing damaged fixed dock. Erect a new timber dock consisting of a 4' x 14' fixed elevated (minimum of 4' above grade of marsh) walk; 3' x 14' hinged ramp; and 6' x 20' float secured by two (2) 8" diameter pilings. LJTHO Er440NSULTANTS 12~ "n~TH SEA R£. 5I~-~3'-6360 LL t~ .,4 t 14-16~4 (2187} --Text 12 PROJECT I.D. NUMeER 61 7.21 t~ Appendix~' State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only FART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I . APPLICANT/SPONSOR PH~L~ ~ C~RYL l~.-.~.-t~O ~ 2. PROJECT NAME (CONTRACT VENDEES) by EH-CONSULTANTS, INC. [ 3. PROJECT LOCATION: Municipality SO~JTHOLD County SUFFOLK 4. PRECISE LOCATION (Slreat addresl and road intemecticnl, prominent iandmlrkl, et~., or provide map) SEQR NO # YOUWGS RD(aka HILL RD), SOUTHOLD, N.Y. SCTIvI# 1000-70-4-32 5. IS PROPOSED ACTION: r~ Expansion ['~ Modiflcation/alteraUon 6. DESCRIBE PROJECT eRIEFLY: SEE ATrACI4~D 7. AMOUNT OF LAND AFFECTED: Initially .765 acres Ultimately .76~; a©re~ 8. WiLL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER EXISTING I.AND USE RESTRICTIONS? [] No if No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: [] Agriculture 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STA~ OR LOCAL)? ~X] Ye~ ~] No If yes. list agency(s) and permit/approvals TOWN OF SOUTHOLD, SCDH 11. ODES ANY ASPECT QF THE ACTION NAVE A CURRENTLY VALID PERMIT OR APPROVAL? []Yes [] No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WiLL EXISTING PERMiT/APPROVAL REQUIRE MODIFICATION? []No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOV~.EDGE ApplicantlsDonsor name: ROY L. HAJE - PRESIDENT ~lte: SEPT. 22, 1997 Signature: if the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Rose Sahm 335 Hill Rd. P.O. Box 1113 Southold, NY 11971 Thomas & Patricia Cook 600 Hunt Lane Manhasset, NY 11030 STATE OF N~W YORK COUNTY OF SUFFOLK Rov L. Haie , residing at 1329 North Sea Rd., Southampton , being duly sworn, deposes and says that on the 24 day of October ,19 97 , deponent mailed a true copy of the Notice set forth in the Board of Trumtees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persona are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Not_ices were mailed at the United States Post Office at Southampton , that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of / Wo~ary P~lic Nolafy I~bllc, State of New Yo~ No. 4772055 ~ · Qualified in Suffolk County _ ~" Commi~ion Expire~ July 31, 1BB.~ AUTHORIZATION I, ELAINE BENSON, presently residing at 7123 Falcons Glen Boul~vartl, Naples, Florida, the owner of certain vacant waterfront property l~cate~l on Youngs Road West, (also known as Hill Road), in the Town of Southold, set forth on the Tax Maps of the County of Suffolk as District 1000, Section 070.00, Block 04.00, Lot 032.000, do hereby authorize and grant my consent to PHILIP MARINO and CHERYL MARINO, the contract vendees of said property and their agent, EN-CONSULTANTS, INC. to apply in their names for all Municipal and Governmental permits necessary for the construction of a one-family home on said property. Dated: August ELAINE BENSON Adjacent Owners To west: Rose Sahm 335 Hill Rd. Box 1113 $outhold, N.Y. 11971 To east: Thomas & Patricia Cook 600 Hunt La. Manhasset, N.Y. 11030 EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD. SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-_8,..-,-6 ~ 36 TO WHOM IT MAY CONCERN: This letter will authorize En-Consultants, Incorporated, to apply for permits on my behalf. S ~nature /~k'. I;/~ ~c,...,-', Print / Ns.me: PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Address: Herman Roseman 780 Private Rd. #17 Southold, NY 11971 Jerry Callis 2350 Paradise Pt. Rd. Southold, My 11971 STATE OF NEW YORK COUNTY OF SUFFOLK doing business Robert E. Herrmann , ~ at . 1329 North Sea Rd., ~onth~nLpton , being duly sworn, deposes and says that on the 11 day of December ,1997 , deponent mailed a true copy ~f the Notice se= forth in the Board of TrusTees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United Sta~es Post Office at Southampton were mailed to each of mail. · that~aid Notices said persons by (c~.~=if~ (registered) Sworn to before me this // day of ,19 4772055 ~ r~ 31,1~ 6 Albert J. Krupski, President John Holzapfel, Vice President 3im King Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOLFf~OLD To the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POST~.~0NSU[iANi$ ~NO. I, ~$ ~gYga~ ~ ~ residing at · 5UUIHA~}'~ON, N.Y. 11968 5] being duly sworn, deDose and say: ~at on the / ~y of ~., 1997, I ~rso~lly posted ~e property kno~ as ~ ~C~v~ ~ by placing the Bo~d of T~stees official ~ster where it easily be seen, ~d t~t I ~ve chewed to ~ sure the post~ has r~ained in place for seven ~s prio= to the date of the p~lic he~ing. (d~te~ he~ing noted thereon to ~e held Dated: Sworn to before me this /~day of ~ec~)-u" 199f Notary~li~~ GAl .';T~ATTO N NofJry P~bhc..,~ate of New Yo~ No 4772055 ct/ Quahfied m Suffolk County nv Commission Expires July 31, 199,~_ Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hail 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TRUSTEES: TOWN OF SOUTHOLD Tn the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFF DAWT OF I, ~P&~ W~&0~ , residing at being duly sworn, depose and say: ~at on the ~[~day of ~. , 199~ I ~rsonally posted the property known by placing the s fi i p h easily be seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the p~lic hearing. [date of hearing noted thereon to be held~~O~ Dated: (signature) Sworn to hero.re me this / )~day of./~/%,~.~.~ 199 7 Not~a~y Public /.t.% ~ Albert J. Krupski, President James King, Vice-President Henry Smith Ar'cie Foster Ken Po[iwoda Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631 ) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 12, 2001 Mr. Philip' Marino 17 Field House Ave. East Setanket, NY 11733 RE: Hill Rd., Southold SCTM#70-4-32 Dear Mr. Mar/no: The Southold Town Board of Trustees reviewed the survey dated September 9, 1997 and last revised August 1, 2000, and determined the proposed deck to be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code. However, any activity within 100' of the Wetland line would require permits fi:om this office. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK:lms Albert J. Kmpski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenezel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: PHILIP & CHERYL MAR~O Please be advised that your application, dated October has bee reviewed by this Board, at the regular meeting of Dec. 17. 1997 and the following action was taken: ( XX~ Application Approved. ) Application Denied. ) Application Tabled. (see below) (see below) (See below) 1997 If you application is approved as noted above, a permit fee is now due. Make check or money order payable to the $outhold Town Trustees. The fee is computed below according to the schedule of rates as set forth iht he sintruction sheet. The following fee must be paid within 90 days or reapplication including fees will be necessary. AND RE~AP/(S: Application Fee: $150.00 PAID COMPUTATION OF PERMIT FEES: Ramp: 4' X 14' = 56' X $3 I4 R-9 Float: 6' X 20' = 120' X $3 =. $ TOTAL: $~Z8 ~"~-~ TOTAL FEES DUE: $ 528.00 SIC~u: BY: PRESIDEi~T, BOARD OF TRUSTEES Cr.~K, B~a, RD OF TOWN TRUSTEES c/ 6/95 Albert J. Kmpski, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 December 17, 1997 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD En-Consultants Inc. 1329 North Sea Road Kouthampton NY 11968 Re: PHILIP & CHERYL MARIHO SCTM #70-4-32 Dear Mr. Haje, The following action was taken by the Board of Town Trustees during its Regular Meeting held on December 17, 1997, regarding the above matter: WHEREAS, PHILIP & CHERYL MARINO, applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated October 27, 1997 and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEP~S, a Public Hearing was held by the Town Trustees with respect to said application on Dece~nber 17, 1997, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 97-18 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approves the application of PHILIP & CHERYL MARINO to construct a single family dwelling, driveway, sanitary system, underground utilities, remove existing damaged fixed dock, erect a new timber dock consisting of a 4' X 14' fixed ramp, (elev. 3 1/2' above marsh) a 4' X 17' fixed walk, a 4' X 14' ramp and a 6' X 20' float with 2- 8" pilings, as per revised plans dated and received Decea~ber'8, 1997. BE IT FURTHER RESOLVED that this determination s~o~ld not be considered a determination made for any other Department or Agency which may also have an application pending for the same or similar project. Permit to construct and complete project will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. FEES: Ramp: 4' X 14' = 56' X $3 = $168 Float: 6' X 20' = 120' X $3 = $360 TOTAL: $528 Very truly yours, Albert J. Kru~ski, Jr. -- ~ President, Board of Trustees AJK/djh cc. DEC ACE Dept. of State EN- CONSULTANTS, INC. ENVIRONMENTAL SERVICES December 4. 1997 Denise Butts Department of the Army NY District Corps of Engineers 26 Federal Plaza, Room 1937 New York, NY 10278-0090 RE: PHILIP AND CHERYL MARINO - #97-13760-L2 1329 North Sea Road Southampton, New York 11968 516-283-6360 Fax: 516-283-6136 E-mad: encon @ peconic.net Dear Ms. Butts: I am writing in response to your letter dated 25 November 1997, in which you indicated that the interested federal agencies recommended that the proposed dock be constructed in the same location as the former dock in order to minimize disturbance to the intertidal marsh. As Mr. & Mrs. Marino are amenable to this slight shift in location, I have enclosed two (2) copies of revised project plans indicating this change. By copy of this letter, I am informing the Southold Trustees, the New York State Department of Environmental Conservation, and the Department of State Coastal Resources Division of your concerns and our willingness to accommodate them. I trust that this £mal plan will allow all involved agencies to issue their approvals shortly. REH:ln enc. ec: DEC #1-4738-01797/00001 DOS #F97-794 Southold/- Respectfully yours, Robert E. Herrmann Coastal Management Specialist ~( ~ IN CONSilI.TANIS INC. ~1329 NORIH S[A RD. SOI}IH.aHp'fON, N.Y. 11968 516 283-~3~0 HILL F~OAD DEC - 8 1997 EN-CONSU[TANTSINC. 1329 NORTH SEA RD. SOUTHAMPTON, N.[ 11968 516-283-6560 EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6136 Al Krupski Town of Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 November 25, 1997 RE: PHILIP & CHERYL MARINO Dear Mr. Krupski: Enclosed please find three copies of a revised project plan depicting the dock configuration that was discussed at the Trustees meeting of 18 November 1997. Although l expect this plan to be acceptable to the Board, please feel free to contact me should you have any further concerns so that they may be addressed before the next public hearing. By copy of this letter and additional correspondence, I am informing the other involved agencies of the revised dock proposal. Sincerely, Robert E. Herrmann Coastal Management Specialist REH:In cc: COE w/eric. #97-13760-L2 DOS w/enc. #F-97-794 Philip Marino w/eric. I ~ /-/ILL ROAD '."' ' t~',~'00'.~ '~.??."t".'.. . .. THO MILL I~OAD £N_CONsULTAt Il ~ ~ouTHAMpTON N.Y. 11968 516-7.83-5360 Jeanneffe Jacobs November 17, 1997 Ao Kaiper Wilson and Jeannette Jacobs 2295 Wells Avenue Southold, New York 11971 The Town Trustees of the Town of Southold Southold Town Hall Nlaln Road, Southold 11971 '~'212-691-5175 Re: Permit Apphcation Submitted by Philip and Cheryl Marino Dear Town Trustees: One year ago we purchased the property located at 2295 Wells Avenue, with approximately 150' of frontage on a branch of Jockey Creek. We love the neighborhood and the community and the wonderful recreation and other opportunities that it affords. We are also boaters and own a 23' ()'Day sailboat which we dock at our property, and motor through the channel to the main portion of Jockey Creek and then on into Southold Bay. We welcome Philip and Cheryl Marlno to the neighborhood and hope they are as happy with their new home as we are with ours. However, the portion of their application concerning the construction of a new timber dock causes us some concern. We and other boaters in the neighborhood depend upon the channel in Jockey Creek for our ingress and egress. If the Marinos' dock iuts into that channel it would completely block access to the $outhold Bay. We therefore respectfully request that any plans you may approve assure that the proposed dock and the boat storage it affords does not intrucle upon the channel that we, and all the other boaters, regularly use to take us from our homes to the Bay. Thank you so much for your consideration. We apologize for not being able to attend the meeting in person. Very trub' yours, A. Kaiper Wilson Jeannette Jacobs NOV t 7 1997 OF SOUTHOI..O. To the Board of Town Trustees, Town of Southold November 16, 1997 I live at 475 Hill Road in Southold and keep a 25-foot boat docked at the rear of my property on an arm of Jockey Creek. I cannot attend your hearing on November 18 and so am submitting this note to tell you of my objections to the plan filed by Philip Marino for the property two lots to the east of mine. Mr. Marino proposes a dock that would run out about 30 to 35 feet from the shoreline. All of us who keep boats on this arm of Jockey Creek know that the channel is narrow, shallow and very close to that shoreline. The proposed Marino dock would block the channel, making it impossible for me and my neighbors to get our boats in and out. In fact, the up-creek (west) side of the Marino dock wouldl also be unreachable. Please do not approve this proposed dock. If Mr. Marin~ instead builds his dock close to the shore, like mine and others, we should all be able to continue to squeeze by in the channel. Mladen Jakaci~/ TOWN OF SOUTHO[Di EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6136 November 4, 1997 Diane Herbert: Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Diane: As per our telephone conversation, please f'md enclosed copies of correspondence I received from Frank Perrotta, the attorney for Elaine Benson. The letter from Mr. Perrotta explains how the ownership of the property known as SCTM #1000-70-4-32 was passed from Carl Schwarz to his niece, Elaine Benson. Should the Trustees have any questions regarding this information, they should feel free to contact Mr. Perrotta directly. As I expect Mr. Marino's application to be on for public hearing in November, I look forward to receiving his notice of posting. REH:Ln encs. Respectfully yours, Robert E. Herrmann Coastal Management Spec~list k TOWN OF SOUTHOLD '" __ II CARRIE COURT P. O. I~OX gSI. 5MITHTOWN. NY IT?8? 516-724-6570 FAX 5;6-724'7143 October 27, 1997 Mr. Robert Herrmnnr~ EN-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Re: BENSON to MARINO Vacant Building Plot - Youngs Road West SCTM: 1000 - 070.00 ~ 04.00 - 032.000 Dear Mr. Heri;mann: I represent Mrs. Elaine Benson, who currently resides at 7123 Falcons Glen Boulevard, Naples, Florida and who is $he owner of the above captioned property. At your request, I am writing to set forth the details of my client's source of title. My client's sister, Mildred Schwarz and her husband, Carl Schwarz, were the former owners of this property as t~nants by the entireties. Mildred Schwarz died on September 10, 1996 and three days later, on December 13, 1996, Carl Schwarz died. The Last Will and Testnment of Carl Schwarz was admitted to probate in the Surrogate's Court, Suffolk County on January 22, 1997 and Elaine Benson and her daughter, Barbara Confer, were appointed co- executrices of said estate. Under the Last Will of Carl Schwarz, (copy herewith) the vacant land above captioned, which was part of Carl's residuary estate, was specifically devised to Elaine Benson due to the predecease of Carl's wife, Mildred, (see paragraph '~Eighth (B)", at page 6 of said w/Il). Mrs. Benson is currently under contract to fell the property under her own osme and not as a fiduciary of the Estate due to Ithe devise of the entire residuary estate to her. This point of law was cleare/l by the title company representing the purchasers CMarino") in order to avoid any question of tax liability on behalf of the estate as the estate was not the owner of the property. Mr. Robert Page Two October 27, 1997 The proposed deed into the purchasers of this vacant land will read as follows: '~LAINE BENSON, sole surviving legatee and devisee under the Last Will and Testament of CARL SCHWARZ, deceased ...". I trust this information will be helpful to you in presenting the title certification to the officials of the Town of Southold. FRANK G. PERROTTA FGP:mm Encl. cc: Steven R. Zimmer, Esq. CARL SCHWARZ Carl Schwarz, of Southold, Suffolk County, New York, publish and declare this to be my Last Will and Testament, revoking all of my prior wills and Codicils. FIRST: I am the son of Alfonse Schwarz, who died around 1943 in Sontheim, Germany, and Karoline Schmid Schwarz, who died around 1946 in Sontheim, Germany. ~ am married to Mildred $chwarz a~d have been married only once. I have no children. My parents had the following eight other children: Clara Schwarz, who died around 1970 and who was never married who had leaving Schwarz; had no and had no children; Walter Schwarz, who is alive and who never married and no children; Hugo schwarz, who died around 1975 in Sontheim, Germany, two children surviving, Gertrud Schwarz Gaertner, and Eugene and who never married and who Helena Schwarz, Maria Schwarz, ~ho children: Anna schwarz, who had who is alive and who never married and who died around 1953 in Sontheim, Germany no children~ is alive and a widow and who had no children: Germany, Eugene Schwarz, who died around 1950 in Karlsruhe, and who never married and had no children; and Raymond Schwarz, who is alive in Weinsbe~g, Germany, and who is married but has had no children: SECOND: I direct that upon my death my body shall be cremated and my ashes deposited in Southold Bay, Southold, New York. TIIIRD: Ail estate taxes on all assets includable in my gross estate for the purposes of those taxes shall be paid from the principal of my residuary estate, as an expense of administering my estate except that any estate or death taxes attributable to property located outside the United States of America shall be paid from that property and not from my residuary estate. There shall be no other contribution or reimbursement from, proration to, or apportionment against, any beneficiary or any other person owning or receiving any asset which is subject to estate taxes but which does not pass under this will. All of my funeral expenses, last illness expenses, unsat- isfied charitable pledges, and estate administration expenses shall similarly be paid from the principal of my residuary estate. FOURTH: (A) I leave jewelry, motor vehicles, and other works of art, family assets of personal or household herein called Mildred, if she survive me, then I leave the Barbara Confer. (B) The reasonable costs my personal effects, including my clothing, household furniture and furnishings, pictures memorabilia, and all other similar use~ to my wife, Mildred Schwarz, survives me. If Mildred does not aforesaid items to my wife's niece, of protecting, appraising, storing, 2 packing, insuring, shipping and delivering all asse~s disposed of in this Article, 'including costs incurred before ~he issuance of letters testamentary, shall be paid as an administration expense of my residuary estate. FIFTH: I giv~ and devise all my right, title and interest in and to the property located at Heilbronn, Germany, owned by me at the time of my death, to my niece, Gertrud Gaertner, and my nephew, Eugene schwarz, or their issue, me survivi,g, equally, per stirpes. SIXTH: In the event Mildred predeceases me, I give, devise and bequeath my home located at 400 Hill Road, Southold, and the furniture and furnishings therein contained, to my wife's niece, Barbara Confer. SEVENTH: If Mildred survives me, I leave her the marital legacy. (i) the value of my amount on which no The Marital Legacy shall equal the adjusted gross estate ~educed by Federal estate tax would be imposed the maximum allowable Federal estate maximum amount allowable as a marital shall be reduced by the amount of the smaller of: the maximum on my estate by the application of tax unified credit, or (ii) the deduction. That smaller amount values of all other interests in property which are included in my gross estate, which qualify for the marital deduction and which pass or have passed from me to Mildred pursuant to any other provision of this will, or in any manner outside of this Will. 1. The final determination of the Federal estate tax on my estate, whether by agreement, litigation, or otherwise, shall be used to compute the Marital Legacy. 2. In satisfying the Marital Legacy, the Executor is to make distribution wholly or partly in kind. Each asset 3 authorized distributed in kind shall be valued at the lower of: its value on the date it distributed, or its adjusted basis for Federal income tax purposes. is 3. Because the exact amount of the Marital Legacy cannot be determined until the conclusion of the Federal estate tax proceeding in my estate, the Executor is authorized to distribute assets in satisfaction of that Legacy at any time or times, and to determine when to make those distributions. However, the Executor shall not delay making final distribution beyond the period reasonably required to do so. The Executor is further authorized to make any distribution on a tentative basis. If any distribution exceeds the amount ultimately determined to be the exact amount of that Legacy, the Executor shall require a prompt refund of the value of that excess, determined as of its distribution date, together with the amount of all income earned on that excess, net after income taxes. 4. The Executor shall allocate an additional amount equal to the income received by the Executor from all Marital Legacy assets between the date of my death and the date of final distribution of the Marital Legacy. That additional amount shall be allocated from my estate's income, and from its principal, to the extent that income is insufficient. That additional amount shall be added to the Marital Legacy. 5. The Executor shall not allocate to the Marital Legacy any asset or its proceed for which the marital deduction would not be allowable, or any unmatured life insurance policy. To the extent practicable, the Executor shall also refrain from allocating to the Marital Legacy: (i) any asset not subject to estate taxes imposed by the State in which I am domiciled at my death: (ii) any asset located 4 outside the United States of America and subject to foreign estate Treasury Bonds redeemable at on my estate; (iv) ~ny asset preference, to satisfy it fully. 6. Regardless Executor shall possess possession or exercise of any contrary provision of this Will, no or exercise any right or discretion if its would result in disallowing the marital deduction for the value of amy asset allocated to the Marital Legacy. No provision of this Will shall be construed in a manner which would disqualify the Marital Legacy for the marital deduction. This subsection 6 does not limit the Executo~'s power to exercise the election granted pursuant to Section 2056(b)(7)(B)(v) of the Internal Revenue Code. 7. No adjustment is required to be made between the Marital Legacy and any other interest created under this Will because of any change in the amount of that Legacy resulting from the Executor's elections to treat estate adminstration expenses as income tax ded6ctions, and to value my gross estate on the alternate valuation 5 taxes; (iii) any United States of America par in payment of the Federal estate tax constituting an item of income in respect of a decedent~ pursuant to the Internal Revenue Code; (v) any asset as to which the Executor has elected pursuant to the Internal Revenue Code to defer payment of any portion of the Federal estate tax on my estate; and (vi) any stock which would be eligible for redemption pursuant to Section 303 of the Internal Revenue code. If the other interests in property which qualify for the marital deduction are insufficient to satisfy the Marital Legacy fully, the Executor shall allocate assets described in Subparagraphs (i) through (vi) of this subsection 5 in that order of date. This is n~t a direction to exercise either of those elections only in a manner which will result in a larger marital deduction than if a contrary election had been made. EIGHTH: (A) My residuary estate includes all the residue of my assets of every kind, wherever located, which I own at my death, including all future interests and all assets which I have not otherwise effectively disposed of herein. I do not intend to exercise any power of appointment by this residuary disposition. (B) If Mildred survives me, I leave my residuary estate to the Trustee of tile Family Trust, to be administered and distributed as provided in Section (A) of Article NINTII. If she does no~ survive me, I leave my residuary estate to my sister-in-law, Elaine Benson, if she survives me, but if she does not survive me, then to my wife's niece, Barbara Confer, or her issue, me surviving. NINTH: (A) The Family Trust shall be administered and distributed in the following manner for the benefit of Mildred. 1. Beginning as of Lhe date of my death, the Trustee shall distribute all net income to Mildred at least quarter-annually. If Mildred determines, at any time or times, that any principal asset is not producing a reasonable income, she is granted the power to direct the Trustee to make that asset produce a reasonable income or to convert it to another asset which will produce a reasonable income. That power shall be exercised by an acknowledged instrument delivered to the Trustee, designating the unproductive asset. Within a reasonable time after receipt of that instrument, the Trustee shall either make it productive oK convert it. The Trustee shall distribute all' accrued or undistributed iscome which remains at Mildred's death 6 to the executors of Mildred's will, or to the administrators of Mildred's estate. 2. The Trustee is authorized, at any time or ti'mes, to distribute all or any pa~t of the principal to Mildred, which is advisable in the Trustee's absolute discretion for her best interest, general welfare and happiness. I direct the Trustee to exercise said power of invasion liberally with a view towards maintaining Mildred in her own home with the best medical care, including, if necessary, twenty-four hour a day nursing services, physician's services, including specialists, and any other professional services necessary or appropriate to her well being and happiness. Within the aforesaid guidelines, the Trustee is granted further absolute discretion to determine when, how and whether to make distributions; the specific purposes for making them; and the assets and amounts to be distributed. The Trustee shall ignore ell income and other resources which the Trustee knows are available to Mildred for those specific purposes, and shall consider the s.tandard of living to which she is then accustomed. Those discretions include the power to terminate the Trust at any time by distributing all principal. 3. At Mildred's death, all principal and accrued or undistributed income remaining in the Trust shall be distributed in accordance with Section (B) of Article EIGHTH. TENTH: (A) Mildred and her niece Barbara Benson shall be the Co-Executors of this Will. In the event Mildred shall fail to survive me, or, having survived me, shall fail to qualify as such, or having qualified shall cease to act as such, my sister-in-law, Elaine Benson, shill be co-Executrix in Mildred's place and. stead. 7 (B) My wife's niece, Barbara Benson, shall be the Trustee under this Will. The North Fork Bank and Trust Co. shall be the alternative Trustee under this Will, should Barbara Benson die, fail to ~ualify or cease to act. (C) No fiduciary under this will shall be required to file any bond or other security in any juridiction for the faithful performance of her or his duties. (D) Each successor Executor and successor Trustee shall have all tl~e rights and discretions which are granted the Executor or Trustee who preceded the successor. ELEVENTH: If, pursuant to this will, all or any part of my residuary estate shall vest in absolute ownership in a minor or minors, or if, at the termination of any Trust created by this Will, all or a portion of the remaining assets of the Trust shall vest in absolute ownership in such person, I authorize and empower my Executor or, as the case may be, Trustee, in its discretion, to hold the property so vested in such person,, or any part thereof, in a separate fund for the benefit of such person notwithstanding that such property may consist of investments not authorized by law foe trust funds, and to invest and reinvest the same, collect ths income therefrom and to apply so much of the principal thereof and so much of the net income therefrom and any accumulated income to ~he support, education and maintenance of such person, as my Executor or Trustee shall deem fit, and to accumulate, invest and reinvest the balance of said income until such person shall attain the age of majority, and thereupon to to of pay over the then principal, together with suc~i person, and if such person shall die 8 any accumulated income, before attaining the age any accumulated income, person. The authority this Article'shall be suspend the prevent the to any such majority, the then principal, together with shall be paid over to the estate of such conferred upon my Executor and Trustee by construed as a power only, asd shall not operate to absolute ownership of such property by such person or to absolute vesting thereof in such person. With respect property which shall vest in absolute ownership in such person or persons, but which shall be held by my Executor or Trustee as author- ized in this Article, my Executor and Trustee shall have all the powers conferred by the provisions of this, my Will, and they shall be entitled to commissions at the rates and in the manner payable to testamentary trustees. Any dlstrJbution to a minor shall be deemed delivered upon delivery to such minor's guardian, without bond, and a written receipt from such guardian shall discharge my Executor or Trustee. TWELFTH: If any person entitled to share in my estate and I die under circumstances where there is insufficiemt evidence to determine the order of our deaths, that person shall be presumed to have predeceased me. THIRTEENTH: I hereby give and grant to my Executor and Trustee and the successors and the survivor of them, the following powers and authority in addition may be exercised by them in either from time to time, as they shall, advisable. (a) To hold and retain created hereby, in the form to those powers conferred upon them by law which or both capacities, at any time and in their absolute discretion, deem all or any part of my estate or in which the same may be at the 9 any trust time of my decease, or at the time of the receipt thereof by my Trustee Executor, as long as they may deem advisable. (b) To invest created hereby and personal, of any from my and reinvest any accumulations of kind or nature, stocks, whether common, preferred unsecured, obligations, mortgages, any of the foregoing, without 1;imlted investments prescribed or authorized laws of New York or any other State, Executor and Trustee the same power which I myself possess with respect to my own (c) To make any loans, either secured amounts, upo9 such terms~ at such rates of persons, firms or corporations, as they may deem advisable. (d) To sell, exchange, partition or otherwise dispose of any property, real or personal, of which I may d!ie seized or possessed, or which may at any time form part of my hereby, at public or private sale, for terms, including sales on credit, with manner and at such prices as they may determine. (e) To mortgage any real property of which I possessed, or which may at any time trust created hereby, in such manner funds in my estate or any trust income in any property, real or including, without limitation, or otherwise, bonds, secured or other securities, and interests in being or restricted to for Executors or Trustees by the it beiing my intention to give my of ijvestment and reinveatment funds. or unsecured~ in such interest, and to such estate or any trust created such purposes and upon such or without security, in such lease any such property for such conditions and rental, and in such advisable, irrespective of whether the 10 may die seized or form part of my estate or any as they shall deem advisable: to term or terms, and upon such manner, as they shall deem term of any such lease shall exceed the period permitted by law or the probable period of any trust created hereby and to renew or modify any such leases; to make repairs, replacements and improvements, structural or otherwise, to any such property, and to charge the expense thereof to principal or income, as they may deem proper. (f) To borrow money for any purpose in connection with the administration of my estate or any trust created hereby; to execute promissory notes or other obligations for amounts so borrowed, and to secure the payment of any amounts so borrowea by mortgage or pledge of any real or personal property or which may at any time form hereby. (g) To renew or extend the secured or unsecured, payable to of which I may die seized or possessed part of my estate or any trust created time of payment of any obligation, or by my esltate or any trust created hereby, for as.long a period or periods of time, and on such terms, as they may determine; and to adjust, settle, 'compromise claims or demands in favor of or against my estate or created hereby, upon such terms as they may d~em advisable. (h) In respect of trust created hereby, meeting, and to grant and arbitrate any trust any securities formingl part of my estate or any to vote upon any proposition or election of any proxies, discretionary ,or otherwise, to vote at any such meeting; to join in or become a par~y to any reorganization, readjustment, merger, voting trust, consolidation or exchange, and to deposit any such securities with any committee, depository, trustee or otherwise, and to pay out of my estate or any trust created hereby any fees, expenses and assessments incurred in connection therewith, and to. charge the same to principal or income as they may see fit; to 11 exercise conversion, subscription or other rights, or to sell, or abandon such rights, and to receive and hold any new securities issued as a result of any such reorganization, readjustment, merger, voting trust, consolidation, exchange, or exercise of conversion, subscription or other rights; and, gensrally, to take all action in respect to any such securities as they might or could do as absolute owners thereof. (i) Whenever they are required or 'permitted to divide or distribute my estate or any trust created hereby, to make such division or distribution in kind or in mone~, or in part kind and in part money. (j) To apportion stock, ~xtraordinary and liquidating dividends, received by them, between income and principaI in such manner as they may see fit, and to determine what constitutes such dividesds. (k) In connection with making investments, to determine whether to amortize premiums in whole or part. (1) To hold and administer the trusts Created hereby in one or more consolidated funds, in whole or in part, in which the separate trusts shall have undivided interests. (m) To engage attorneys, accountants, agents, custodians, clerks, invsstment counsel, and such other persons as: they may deem advisable in the administration of my estate and any trust created hereby, and to make such payments therefor as they may ~eem reasonable, and to charge the expense thereof determine, and to delegate to may deem proper. (n) To exercise all power to income or :principal as they such persons any discretion which may they and authority, 12 including any discretion conferred in th~s will, with ~espect to all accumulations of income under this Will, and with respect to all property held under a power in trust in this Will. (o) To exercise all power and authority, including any discretion trust created conferred in this Will, herein and until the same IN WITNESS WHEREOF, Last Will and at my request after the termination of any is fully distributed. I sign, seal, publislh and declare this as my Testament in the presence of the persons witnessisg it this ~$ 7t~ay of March, 1988. SIGNED, SEALED, PUBLISHED and DECLARED bM CARL SCHWARZ, the above named Testator, in our presence to be his LasC Will and Testament, and thereupon we, at his request, and in his presence and in the presence of each other, did subscribe our names thersto~ as attesting witnesses, this attestation' clause having been first read aloud to us in the presence of the said Testator. residing at residing at WL III:14 13 STATE OF NEW YORK ) ) SS. : COUNTY OF SUFFOLK ) Each of the undersigned, individually and severally, being duly sworn, deposes and says: The within will was subscribed in our pcesence and sight at the end thereof by CARL SCHWARZ, the within named testator on the 2?~fday of March, 1988, at Southold, New york. The testator at the time of making such subscription declared the instrument so subscribed to be his last will. Each of the undersig:ned thereupon signed their name as a witness at the end of said will, at the request of the testator and in his presence and sight and'in the presence and sight of each other. The testator was, at the time of exeduting said will, over the age of 18 years and, in the respective opinions of the undersigned, of sound mind, memory and understanding and no~ under any restraint or in any respect incompetent to make a will~ The testator, in the respective opinions of the undersigned, could read, write and converse in the English language and was sufferingj from no defect of sight, hearing or speech, or from any other physical or mental impairment which would affect his capacity to make a 'valid will. The will was executed as a single, original instrument and was not executed in counterparts. Each of the undersigned was acquainted~with the testator at such time, and makes this affidavit at his request. The within will was shown to the undersigned at the time this affidavit was made, and was examined by each of them as to the signatures of the testator and of the undersigned. The witnessed by each John B. Amrod, an foregoing instrument was executed by the testator and of the undersigned affiantls under the supervision of attorney-at-law. Severally sworn to before me this ~Q~k day of March, 1988. Telephone (§15) 7~5-1501 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL The following recommendation was made at the meeting of the Southold Town Conservation Advisory Council held Thursday, November 13, 1997: No. 1505 Moved by Betty Wells, seconded by Kenneth Meskill, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH A PROVISION of the Wetland Permit Appllcatip.n of PHILIP and CHERYL MARINO 70-1~-32 to construct a one-family dwelling, pervious driveway, sanitary system, and underground utilities; removed existing damaged fixed dock; erect new timber dock consisting of a ti, x 1~~ fixed elevated (minimum u? above grade) walk; 3' x 1~.' hinged ramp; and 6' x 20' float secured by two (2) 8" diameter pilings. Youngs Road West (aka Hill Road), Southold The CAC recommends approval of the project with the provision that the width of the fixed dock be reduced to 3' unless need is shown. Vote of Council: Ayes: All Motion Carried 1 November 3, 1997 George E. Pataki Alexander E l'readwell Albert J. Krupski, Jr. Trustee, Town of Southold 53095 Main Street P.O. Box 1179 Southold, NY 11971 F-97-794 U.S. Army Corps of Engineers/New York District Permit Application -Pbilip & Cheil Marino, Jockey Creek Dear Mr. Krupski: Enclosed is a copy of the information submitted to the Department of State foe review of the above-referenced project with respect to its consistency with the Coastal Management Pro,ram for your information and preliminary review. Please contact Vance A. Barr, the DOS reviewer aslsigned to this project, at (518) 4/4-6000 to discuss your concerns, and any additional information which n~ay be necessary to assist you in reviewing this project. Any comments you may have will assist the Department in reaching a decision as to the consistency of the proposed action with the approved NYS Coastal Management Program. Please note, however, that if we do not hear from you within ~15 days ot~ the date of this letter, we will presnme that you have no objections to the proposed project. Sincerely, ,.~ ~c~ William F. Barton Chief, Consistency Review ~nd Analysis Enclosures WFB:dlb Divbion of Coastal Resources and IXhterfront R~'italization November 3, 1997 George E. Pataki Mexander E Treadwell Roy L. Haje, President Eh-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Re: F-97-794 U.S. Army Corps of Engineers/New York District Permit Application - Philip & Cher~l Marino, Jockey Creek Town of Southold, Suffolk County Acknowledgement of Federal Consistency Assessment Form Dear Mr. Haje: The Department of State received your Federal Consistency Assessment Fo~'m and supporting information on October 27, 1997 and has determined that the submitted documentationi is adequate to commence our review of your proposed project. We will contact you if additional information may be necessary for consistency review purposes. You and the Corps of Engineers will be notified of our decision when we hav~ completed our review of this project for its consistency with the New York State Coastal Management Program. The Corps of Engineers cannot issue a permit for this project unless the Department of State concurs with your consistency certification. Please call Vance A. Barr at (518) 4744000 if you have any questions. Sincerely, . William F. Barton Chief, Consistency Review ana Analysis WFB:dlb cc: COE/New York District - James W. Haggerty NYS DEC/Region I - John Pavacic Town of Southold - Albert J. Krupski, Jr. AUTHORIZATION I, ELAINE BENSON, presently residing at 7123 Falcons Glen ~ou~e'~ard, Naples, Florida, the owner of certain vacant waterfront property located on Youngs Road West, (also known as Hill Road), in the Town of Southold, set forth on the Tax Maps of the County of Suffolk as District 1000, Section 070.00, Block 04.00, Lot 032.000, do hereby authorize and grantlmy consent to PHILIP MARINO and CHERYL MARINO, the contract vendee~ of said property and their agent, EN-CONSULTANTS, INC. to apply in their names for all Municipal and Governmental permits necessary for the constructioh of a one-family home on said property. Dated: August E~ BENSON d SURVEY OF PROPERTY SITUA TED A T $OUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-70-04-32 SCALE 1"=20' SEPTEMBER 9, 1997 OCTOBER 2, 1997 REVISED PROPOSED HOUSE LOCATION AREA = 333,330.57 sq. ff. (1o TIE kINE) 0.765 ac. CERTIFIED TO: PHILIP MARINO NOTES: PROPOSED EXPANSION POOL ProPOSED LEACHING POOL ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~' EXISTING CONTOUR LINES ARE SHOWN THUS: 5 PROPOSED ELEVATIONS ARE SHOWN THUS: ~ 2. IF SILT IN THE LEACHING POOL AREA IS FOUND, IT MUST BE EXCAVATED AND REPLACED WITH CLEAN SAND. 3. MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO 4 BEDROOM HOUSE IS 1 TANK; 8' LONG, 4'-3" WIDE, 6'-7" DEEP 4. MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS 300 sq 2 POOLS; 6' DEEP, g' dia. (,, ::i.'~ © 1,000 GALLONS. f1 SIDEWALL AREA. ~ PROPOSED SEPTIC TANK FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP COMMUNITY-PANEL No. 360813 0078 F ZONE A4 (EL 8). AREAS OF 100 YEAR FLOOD: BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS DETERMINED, ZONE B. AREAS BETWEEN LIMITS OF THE IO0-YEAR FLOOD AND 500 YEAR FLOOD, OR CERTAIN AREAS SUBJECT TO 100 YEAR FLOODING WITH AVERAGE DEPTHS LESS THAN ONE(l) FOOT OR WHERE THE CONTRIBUTING DRAINAGE AREA IS LESS THAN ONE(l) SQUARE MfLE, OR AREAS PROTECTED BY LEVEES FROM THE BASE FLOOD ZONE C. AREAS OF MINIMAL FLOODING 5. ZONING USE DISTRICT: R-40 TEST HOLE DATA THE £XISTANCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, W ANY, NOT SHOWN ARE NOT 6UARANfEEB OCT Z 7 l 'TOWN OF SOUTHOLD Joseph A. Ingegno Land Surveyor Fox (5~6)722 5093 97 380