The URL can be used to link to this page

Home My WebLink AboutTR-8959 Michael J.Domino,President ��.fif Mob,,, Town Hall Annex John M.Bredemeyer III,Vice-President �� l® 54375 Route 25 P.O.Box 1179 Charles J.Sanders Southold,New York 11971 V0 �c Glenn Goldsmith G Q ® ® Telephone (631) 765-1892 A.Nicholas Krupski O a Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 1386C Date: August 28, 2017 THIS CERTIFIES that the construction of an±18'x37' swimming pool (with automated pool cover), a±10'x37' on-grade masonry pool patio; and an approximately 464sq.ft. on-grade masonry terrace on the waterside of existing dwelling; remove seven(7)existing trees from vicinity of proposed swimming pool, including one oak tree to be relocated to/replaced in new location; install a drainage system of drywells to collect swimming pool discharge and surface water runoff from proposed patio surfaces; install pool enclosure fencing with gates; remove existing flagpole from area of natural vegetation; abandon existing path to beach and establish new 3' wide path through natural vegetation to beach; and install various landscape design features, including an±18"high landscape wall, stepping stone walkways, planting beds, and hedgerows; and for a 150sq.ft. on-grade masonry terrace with built-in grill;with the condition of a salt water system type pool;that the abandoned existing path to beach be revegetated;that the removed six(6)cedar trees be replaced with six(6)new evergreens;that a project limiting fence be installed prior to and during construction;that there be no access through Lot 12.2 during construction; At 12400 New Suffolk Avenue, Cutchogue Suffolk County Tax Map#1000-116-6-12.1 & 12.2 Conforms to the application for a Trustees Permit heretofore filed in this office Dated January 13,2017 pursuant to which Trustees Wetland Permit#8959 Dated February 15,2017,was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the construction of an±18'x37' swimming pool (with automated pool cover),a±10'x37' on-grade masonry pool patio; and an approximate) 4y 64sq.ft. on-grade masonry terrace on the waterside of existing dwelling; remove seven (7)existing trees from vicinity of proposed swimming pool, including one oak tree to be relocated to/replaced in new location; install a drainage system of drywells to collect swimming pool discharge and surface water runoff from proposed patio surfaces; install pool enclosure fencing with gates; remove existing flagpole from area of natural vegetation; abandon existing path to beach and establish new 3' wide path through natural vegetation to beach; and install various landscape design features, including an±18"high landscape wall, stepping stone walkways, planting beds,and hedgerows; and for a 150sq.ft. on-grade masonry terrace with built-in grill; with the condition of a salt water system type pool;that the abandoned existing path to beach be revegetated• that the removed six(6)cedar trees be replaced with six(6)new evergreens;that a project limiting fence be installed prior to and during construction;that there be no access through Lot 1.2.2 during construction. The certificate is issued to TODD FREED&EDITH WEBSTER-FREED owners of the aforesaid property. Authorized Signature �pF SOUj " Michael J.Domino,President � 9p�o Town Hall Annex John M.Bredemeyer III,Vice-President 54375 Route 25 P.O. Box 1179 Charles J. Sanders G Southold,New York 11971 Glenn Goldsmith ® �O Telephone (631) 765-1892 A.Nicholas Krupski o�yCou T1 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: `Zd/17 � Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1 st day of construction Y2 constructed Project complete, compliance inspection. INSPECTED BY: �V• �cv�s(� COMMENTS: CERTIFICATE OF COMPLIANCE: *pF SO(/T Michael J.Domino,President a�� lO Town Hall Annex John M.Bredemeyer III,Vice-President 54375 Route 25 IF P.O.Box 1179 Charles J.Sanders N Southold,New York 11971 Glenn Goldsmith �Q Telephone(631) 765-1892 A. Nicholas Krupski yCou TYFax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: z-0 17 Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1 st day of construction % constructed P" Pin �, compliance inspection. INSPECTED BY: Comm,EN S: Z 1 It CERTIFICATE OF COMPLIANCE: Ja i -• i 2017 . 6 . 16 13 . 11 ;r �F 201-7 ._ 6 . 16 13 , 11 S0 Michael Michael J. Domino, President U* Town Hall Annex 0 John M. Bredemeyer III,Vice-President 54375 Route 25 P.O.Box 1179 Charles J. Sanders Southold,New York 11971 Glenn Goldsmith y" Telephone (631) 765-1892 A.Nicholas Krupskii¢COUN� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: - t Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1St day of construction Y2 constructed compliance inspection. INSPECTED BY: � .• �. ,^��'-, -�,,:�-. ��,✓"'"_ COMM EN- S: z /I ,•� r 0 CERTIFICATE OF COMPLIANCE: N —jou y�l M4 r L _ _ r �s v -.CAW,- - 4"*-'2417. 6. 16 13 : 11 f� - �. �. w 2017 . 6 . 16 1`8 . 1 ®fS®(/Ty Michael J.Domino, President �®� OlTown Hall Annex 0 John M.Bredemeyer III,Vice-President 54375 Route 25 P.O. Box 1179 Charles J.Sanders Southold,New York 11971 Glenn Goldsmith �° .�'o ® �� Telephone(631) 765-1892 A.Nicholas Krupski COUNT! Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1St day of construction t / % constructed V Project complete, compliance inspection TERMS AND CONDITI®NS The Permittee Todd Freed& Edith Webster-Freed residing at 12400 New Suffolk Avenue, Cutchogue,New York, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation perforined pursuant to this permit, and the said Permittee will,at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved,but should circumstances warrant,request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved,to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized,or if,in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required,upon due notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee of the completion of the work authorized. 9. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit,which may be subject to revoke upon failure to obtain same. 10. No right to trespass or interfere with riparian rights. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. APPROVED BY %.71 11MUIL-L-V STREET ADDRESS: 12400 NEW SUFFOLK AVENUE TOWN OF SOUTHOLD SCDHS # = RI0-14-0019DATE M� /5,1 Zo SURVEY OF PROPERTY A T CUTCHOG UE TEST HOLE DATA TOWN OF SOUTHOLD ING SUFFOLK COUNTY, N. Y. BY MCDO6/1D/130SCIENCE PUBLIC Wq�RTM 1000-116-06-12.1 & 12.2 EL. 6.5' DWELLING SCALE.• 1'=30' ----- 1 DARK BROWN LOAM OL I � pUB�IC WgTERTH JUSEPTEMBER LY 2, 2013 Po 2012 O.H) BROWN CLAYEY SAND SC �+ SEPTEMBER 6, 2013 (REVISIONS) SEPTEMBER 10, 2013 (LOC. VEGETATION) ----- 3' YAGGARINO NOVEMBER 22, 2013 (SETBACK LINES & LOC. TREES) PALE BROWN FINE SAND SP 01-09-2017 DECEMBER 3, 2013 (EDGE OF BEACH FLAGS) N FEBRUARY 5, 2014 (PROPOSED HOUSE) EL. 1.4' -A IE 5.1' mcf or FEBRUARY 11, 2014 (SEPTIC SYSTEM) 111 U7ICI7Y P►�, a7(J,�� qNT) APRIL 24, 2014 (REVISIONS) �pUe O MAY 20, 2014 (REVISIONS) WATER IN PALE BROWN FINE SAND SP Hm _ S76'S8'2p„ LIC WgTER IN �� A MAY 29, 2014 (REVISIONS) B s Mme- E SEE 1`1 �.� JULY 2, 2014 (ADDITIONS) T S- yAUlr� ;4' �� OF'pA EHT �� JANUARJULY Y 15, 2015 2014 (REVISIONS) REVI LION LOCATION 12' 3� pA PLAN 148,75, MAY 13, 2016 (FINAL) ) o 1 NTI unIJn MAY 31, 2016 (REVISIONS) , / PLANr�NG POLE NOVEMBER 7, 2016 DRAINAGE CALCULATIONS / �_ ` � NOVEMBER 17, 2016 (REVISIONS) "a m PROPD OSED 33.D0, OR � DECEMBER 20, 2016 (REVISIONS) E►ER / DECEMBER 29, 2016 (REVISIONS) SMALL MASONRY TERRACE 2 / 'REEs 8, ` JANUARY 09, 2017 (REVISIONS) JANUARY 10, 2017 (REVISIONS) 150 sq.ft. x 2" X 1 = 25 cu.ft �W / m /1 FEBRUARY 17, 2017 (REVISIONS) USE POOL DISCHARGE DRY WELL CV 8 .., MARCH 7, 2017 (REVISIONS) � x4' DEEP = 201 C.F. ^ l I IJ l �p 1 / OI �^ O LARGE MASONRY TERRACE ADJACENT TO HOUSE 464 sq.ft. ! / arn 464 sq.ft. x 2"x 1 = 77.5 c.f. 7- USE 8'0 x 2' DEEP = 84.4 C.F. By MAR 1 3 2017 l r�� 2 Asir DEVELOP lh '� J ,�, L)0 AND DR UI 0111A pNT 30 /4 TANK/LEACH,RYWELL , !NF°RMAT�O /d N 0 > SEP TIC N SMALL MASONRY TERRACE ADJACENT TO POOL �R Meq\�\ '2/ NG PST AS 374 sq.ft. U17Lj sa I y A R N l .� 374 sq.ft. x 2"x 1 = 62.5 c.f. 2 3 Ppm �p ` vP 8'0 x 2' DEEP = 84.4 C.F. JCj per. ` (11" .o "VLP C6! a ee w ' / __ H sr LP :" LPLZ d' NYDEC ADJACENT AREA TABLE r '�/ 5�� ,==•;': LP DESCRIPTION AREA LOT COVERAGE _j ; m / �. AREA WITHIN 300' OF WETLANDS 45,122 sq.ft. ae ;•' a'�;'f �� PLANT, 300, EXISTING HOUSE & PORCHES 4,550 sq.ft. 10.1% / DRIVEWAY ST NG (S Q ; DW; 2 FRotz-, 111c tY PLA NT/Nc a - / My r ) PROPOSED MASONRY TERRACES 988 sq.ft. 2.2%1 / FENcE, D' LA ON GRADE W -- P NTING g s FENcE / tY PROPOSED POOL 675 sq.ft. 1.9% ® ?o.,r � a EXISTING BRICK WALK 240 sq.ft. 0.5% �o LaNs1' - m J ^N3 z J 2 EXISTING APRON 248 sq.ft. 0.6% 6, �,. y c ° N �' Q ff EXISTING CELLAR ENTRANCE 63 sq.ft. 0.1% 46 8 H Qa �+ EXIST. B.B. PART OF DRIVEWAY 1404 sq.ft. 3.1% IN, WO �? h � Q Q PROP. LOOSE SLATE WALKS 392 sq.ft. 0.9% 2 POP°R!-°EOSEO � � 132 � �� TOTAL 8560 sq.ft. 19% 2 ST BR►cK pOpD DIS OPOSED OR Y F s s oo ti O uM nNo min PRa� O WE80 RE E�.H�V SE ;� z o , X�p °Posm W DN CE" s 7, , PU CLING 26 N ,� W jR�DREEiy PROPOSED o ECIC WgTERn! a o TOWN OF SOUTHOLD BUILDABLE LAND 7ERRA( ASDNRY P 46 O0 C o Da !� DESCRIPTION AREA LOT COVERAGE PR Sq. PL RE D O CRE " 1s 1. 7.�0 O�N 57,181 sq.ft. FE7vcE p0 3 DNE,,pO CH ^1z y" y % .cam, Q EXISTING HOUSE & PORCHES 4,550 sq.ft. P 7.9% PROP PROP L 8 a o ^x �. EanN HEDGERp __ 7ERRgS�Ry p �� eURy�y Ogur /k� °'W O� PROPOSED POOL 1.2% 675 sq.ft. , ° 7REE rO BE W o DN ORAE ijo- L oa • TOTAL 5225 sq.ft. 9.1% RE�DbED o° {DW;oa 00000° • 2 MAS PROP OQp� 18'+ D, Op PL d DNRY �RAcf ON GRAD 2 � lg + _ SrEps go / u 8 s%�.ft c, Plpu""NQ puN�`n� k.� a 8 FLOOD ZONE FROM FLOOD INSURANCE RATE MAP (OAK TO sE RE'OCA ) EA7snNG PROP• PO(X W' o � � r= a< Hl s 2's ' W= a _ MAP NUMBER 36103CO501 H SEPTEMBER 25, 2009 DR REPLACED SEES AND HED D OAK TREZ To NEW !H HEW LOC oft '0 p' �� W � � ' ELEVATIONS & CONTOURLINES REFERENCED TO N.A.V.D. 1988 BE TRA OR PROPOSED E �UDEO = PROPOSED / I� o GREpy 17PAN L CA 77oH meE OAK REP CED ON1FD OR /o j • W ti 'a' �� BU Z �~ PARCEL 1 AREA-50,510 8Q. FT. TO TIE LINE 06 �� LAN�ARD EDGE GA7F CT PROS T co- °u<e""ON OWTAL SCDDIVE M�BEACH � ! ��3 \ (TO EFLAG PO 7101Vu O p�^NnNc `� • W N PARCEL 2 AREA-14,748 80. FT. TO TIE LINE LnN� INC. 0 j�L H �G� x�k R�O�) �'' 3 W DX k� �►ViN y! "'� 8' t Nq U EDS OF t �' W o O 't4 qR� ,� ,� '� p TOTAL AREA-65,258 80. FT. TO TIE LINE W W rtt Nn�\ a ;� N or 1.498 Acres l , �R vi SEAWARD EDGE Z �>HE @ OD FCOOO� \ \ y1 j QcErAA CUP 4 C EAH ZOH ! NO -10 GRASS KEY 17., 2016 ARD GE OF BEACH GRASS zz e =MONUMENT Myr \' q°enAgeEA 38( =SPOT ELEVATION 20 4 e��AW, P.4 / �` CERTIFIED T0: DW = PROPOSED DRYWELL MfAH y �H X68'4 HE of <£f 6)yGRERA'B C. /� EDITH WEB FREED ER FREED O Gy *o7F QIHp 201�3V R)lo 4 ADVOCATES ABSTRACT INC #ADA2455—S EXISTING DRYWELL fiFRf��Ac nE�N /,� ' STEWART TITLE INSURANCE COMPANY `-- coH MIH fo To f / � = HEDGES ¢� su<rAH r TREE TO BE REMOVED jC 1 SD 46 TREE TO BE TRANSPLANTED OR REPLACED �qy MND -,o 'za (D = TREE TO REMAIN I am familiar with the STANDARDS FOR APPROVAL _ T = PROPOSED EVERGREEN TREE AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES r ,'. w S. LIC. NO. 49618 ANY ALTERA77ON OR ADD1770M TO THIS SURVEY IS A VIOLATION and will abide by the conditions set forth therein and on the OF SEC77ON 7209OF THE NEW YORK STATE EDUCA77ON LAW. permit to construct. EC NIC' URVEYO S, P.C. EXCEPT AS PER SEC77ON 7209—SUBDIVISION 2. ALL CERTIFICA77ONS (631) 765-5020 FAX (631) 765-1797 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF The location of wells and cesspools shown hereon are P.O. BOX 909 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF 7HE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. from field observations and or from data obtained from others. 1230 TRAVELER STREET 12_240 SDUTHOLD, N. Y 11971 1 r SOF S0114Z, Michael J.Domino,President �0� Ol0 Town Hall Annex John M.Bredemeyer III,Vice-President 54375 Route 25 P.O.Box 1179 Charles J. Sanders y� Southold,New York 11971 Glenn GoldsmithQX ® �Q Telephone(631) 765-1892 A.Nicholas Krupski ��'e+OU Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 15, 2017 Robert E. Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE:. TODD:FREED & EDITH WEBSTER-FREED .12400.NEW SUFFOLK AVENUE, CUTCHOGUE SCTM# 1000-116-6-12.1 & 12.2 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, February 15, 2017 regarding the above matter: WHEREAS, En-Consultants, on behalf of TODD FREED & EDITH WEBSTER-FREED applied to the Southold Town Trustees for a-permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated January 13, 2017, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 15, 2017, 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, 2 WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 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 have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of TODD FREED & EDITH WEBSTER-FREED to construct an ±18'x37' swimming pool (with automated pool cover), a ±10'x37' on-grade masonry pool patio; and an approximately 464sq.ft. on-grade masonry terrace on the waterside of existing dwelling; remove seven (7) existing trees from vicinity of proposed swimming pool, including one oak tree to.be relocated to/replaced in new location; install a drainage system of drywells to collect swimming pool discharge and surface water runoff from proposed patio surfaces; install pool enclosure fencing with gates; remove existing flagpole from area of natural vegetation; abandon existing path to beach and establish new 3' wide path through natural vegetation to beach; and install various landscape design features, including an ±18" high landscape wall, stepping stone walkways, planting beds, and hedgerows; and for a 150sq.ft. on-grade masonry terrace with built-in grill; with the condition of a salt water system type pool; that the abandoned existing path to beach be revegetated; that the removed six (6) cedar trees be replaced with six (6) new evergreens; that a project limiting fence be installed prior to and during construction; that there be no access through Lot 12.2 during construction; and as depicted on the survey prepared by Peconic Surveyors, P.C., last dated March 7, 2017, and stamped approved on March 15, 2017. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: None Very truly ours, t Michael J. Domino President, Board of Trustees FILET%'.: SUFFOLK COUNT �LERI{ `30 14 2016 10 : 16 INDEX NO. 616129/2016 NYSGEF nOO. NO. 1 RECEIVED NYSCEF: 10/14/2016 SUPREME, COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: ----------------------------------------------------------------------x ERNEST WICKHAM CASE, Plaintiff designates Suffolk County as the place of trial Plaintiff, The basis of venue is -against- Plaintiffs residence SUMMONS TODD E. FREED and EDITH WEBSTER-FREED. Plaintiff resides Defendants. at Meadow Lane ----------------------------------------------------------------------x Cutchogue, NY To the above named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or if the complaint is not served with this summons. to serve a notice of appearance, on the plaintiffs attorney within 20 days after the service of this summons, exclusive of the date of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear, judgment will be taken against you by default for the relief demanded in the complaint. Dated; October 11, 2016 Sayville, New York David P. Fallon LAW OFFICES OF DAVID P. FALLON, PLLC Attorneys for Plaintiff 53 Main Street, Suite I Sayville, New York 11782 (631) 567-0-140 TO: Todd and Edith Freed 1200 Fifth Avenue, Apt. 9A New York,New York 10029 FL FEB 1 5 2017 soutliold lov;n Board of Trustees 1 of 68 i SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------------------------------------------------------------------x ERNEST WICKHAM CASE, Index No.: Plaintiff, VERIFIED COMPLAINT -against- TODD E. FREED and EDITH WEBSTER-FREED, Defendant. -------------------------------------------------------------------- -x Plaintiff Ernest Wickham Case, by his attorneys Law Offices of David P. Fallon. PLLC, complaining of the defendants, states: AS A FIRST CAUSE OF ACTION 1. Plaintiff Ernest Wickham Case resides at Meadow Lane, Cutchogue, New York. 2. Ernest Wickham Case has an ownership interest in a parcel of land described as a private road two rods in width running from New Suffolk Avenue in a southerly direction to Peconic Bay being bounded on the north by New Suffolk Avenue; on the east by land now or fonnerly of Beverly King; on the south by Peconic Bay; and on the west by land now or formerly of the Estate of George H. Case, deceased, which lot is now designated on the Suffolk County 'Fax Map as 1000-116.00-06.00-012.2 ("Lot 12.2''). Lot 12.2 is further described in deeds recorded in the Suffolk County Clerk's Office in Liber 1682 p. 177, Liber 3363 p. 282, Liber 3363 p. 285 and Liber 3363 p. 289, and Liber 3427 p. 360. See description attached as exhibit A. 3. Defendants Todd Freed and Edith Webster-Freed reside at 1200 Fifth Avenue, Apt. 9A,New York, New York 10029. Drfd2r� q 10 QL� 1, V r 1 FEB 1 5 2017 Southold Town 2 of 68 Board of Trustees I 4. All of the parties to this action brought pursuant to Article 15 of the Real Property and Proceedings Law are older than 18 years, are of sound mind and suffer from no disability. 5. Upon information and belief, the judgment will not affect a person not in being or ascertained at the time of the commencement of the action. 6. Certain property owners benefit from the easement granted in deeds recorded in the Suffolk County Clerk's Office in Liber 1682 p. 177, Liber 3363 p. 282, Liber 3363 p. 285 and Liber 3363 p. 289, and Liber 3427 p. 360, which easement granted access to the Peconic Bay and other rights over Lot 12.2. 7. In 2012, defendants Freed entered into a contract of sale to purchase a parcel of property located in Cutchogue; New York which parcel is adjacent to Lot 12.2. See contract of sale attached as exhibit B. 8. Before the defendants signed the contract to purchase in 2012, defendants, through their attorney Patricia Moore, hired a title agency known as Advocate's Abstract to do a title search on the property which they wished to purchase which property is now known as Lot 12.1 and 12.2. 9. In 2012, the title agency informed defendants and their attorney Patricia Moore that the seller of the lots did not have title to the easterly-most portion of the property to be purchased which is two rods in length (33 feet), identified now as Lot 12.2 and which constitutes the property in which plaintiff has an ownership interest. 10. Steven Spanburgh, title examiner for Advocate's Abstract, issued a report which the defendants received, which established that the sellers did not own the easterly most portion of the marketed property; specifically,the property burdened by the easement which is two rods in length (33 feet), identified now as Lot 12.2. See report attached as exhibit C. 2 FEB 1 5 2017 3 of 68 Southold Tom Board of Trustees— 11. The sellers then obtained a report from a title company, which confirmed Steven Stanburgh's conclusion that sellers did not own Lot 12.2. That report was sent to defendants' attorney who informed defendants of that report. See report attached as exhibit D. 12. As a result of the title search, the Advocates Abstract, as agent for the title insurance company, would not insure title to the easterly-most portion of the property to be purchased, which is two rods (33 feet) in length, identified now as Lot 12.2. 13. Defendants could not and did not obtain title insurance concerning Lot 12.2. 14. Based on the seller's lack of title to Lot 12.2, the Freed's reduced their purchase offer by over$100.000. 15. Despite knowing that the sellers had no ownership interest in the easterly-most portion of the property to be purchased and that plaintiff has an ownership interest in Lot 12.2, defendants obtained from sellers' various deeds and recorded the deeds purportedly transferring Lot 12.2 to defendants at the same time that defendants purchased Lot 12.1. 16. These deeds were recorded on January 22, 2013 in the Suffolk Countv Clerk's Office in Libers 12718 p. 263, 264, 265 and 267. See deeds attached as exhibits E, F, G and H. 17. None of these deeds contained any recital regarding the grantors' source of title for Lot 12.2. 18. Two of the deeds to the defendants were quitclaim deeds, both recorded on January 22. 2013 in the Suffolk County Clerk's Office in Liber 12718 p. 263 and Liber 12718 P. 267. 19. Despite knowing that the deeds obtained by defendants as to Lot 12.2 were worthless, defendants recorded the deeds. ® E E 3 FEB 1 5 2017 Southold Town 4 of 68 Board.of Trustees 20. Defendants are attorneys admitted to the practice of law in New York State and as such has special knowledge that the deeds for Lot 12.2 were without any basis and that the sellers had no ownership interest in Lot 12.2. 21. The deeds as to Lot 12.2 were false and defamatory, and were known to be false and defamatory when filed, but were filed by defendants willfully and maliciously with intent to injure plaintiff Ernest Case and his title and rights to Lot 12.2 as well as all other persons with title and rights to Lot 12.2. 22. By reason of the above,plaintiff requests a declaratory judgment declaring that the deeds recorded on January 22, 2013 in the Suffolk County Clerk's Oflice in Libers 12718 p. 263, 264, 265 and 267 are void. 23. By reason of the above, plaintiff requests a declaratory judgment that defendants and all persons claiming under the deeds are forever barred from all claims to an interest in Lot 12.2. 24. By reason of the above, plaintiff requests a declaratory judgment that defendants and all persons claiming under the deeds are forever barred from all claims to a right to use Lot 12.2. AS A SECOND CAUSE OF ACTION 25. Plaintiff repeats the allegations in paragraphs 1-24 above. 26. Defendants' actions constitute a slander of plaintiffs title. 27. Based on the above, plaintiff is entitled to compensatory damages in a sum to be determined by the court and due to their malicious, bad faith and intentional actions, punitive damages in a sum to be determined by the court. ^D; FEB 1 5 2017 S of 68 Southold Torn f Trustou WHEREFORF,, plaintiff demands judgment as follows: 1. Declaring that the deeds recorded on January 22, 2013 in the Suffolk County Clerk's Office in Libers 12718 p. 263, 264, 265 and 267 as concerns Lot 12.2 are void: 2. Declaring that defendants and all persons claiming under the deeds are forever barred from all claims to an interest in Lot 12.2-- 3. 2.2:3. Declaring that defendants and all persons claiming under the deeds are forever barred from all claims to a right to use Lot 12.2, 4. Judgment against defendants on the second cause of action in a sum to be determined by the court together with interest thereon, and punitive damages in a sum to be determined by the court together with costs and interest thereon. 5. And such other and further relief as the court deems proper together with costs and interest. Dated: October 5, 2016 Sayville, New York David P. Fallon-----.------- LAW OFFICES OF DAVID P. FALLON, PLLC Attorney for Plaintiff 53 Main Street, Suite 1 Sayville,New York 11782 (631) 567-0340 D EF 11�'11-1 E If, ' 11 5 FEB 1 5 2017 ' Southold To,vn 6 of 68 Board of Trustees VERIFICATION STATE OF NEW YORK ) ss., COL7NTY OF SUFFOLK ) i, the undersigned,being duly sworn,depose and say: I am the plaintiff in the action; I have read the foregoing complaint and know the contents thereof,the same is true to my own knowledge,except as to the matters therein stated to be alleged on information and belief,and as to those matters 1 believe it to be true. Ernest Case Sworn to before me on this day o,f 2016 , wu��mcN Ki CJ^_iv�cC NCM FUR r,STA,EOFNERM WAIL FIEoNSUF:OLKCC'J,'fY Notary Public �f FEB 1 5 2011 g dL-___..__._ -- Sou.,hold Tw n oar of Trustees E abed S968-S9L-6E9 e5elt!\ lelUolo:) WV90:80 91.0E 7 of 68 F c E V E F E B 1 5 2017 Southeld EXHIBIT A I Board ol Trustees 8 of 68 ALL that certain ,lot ,c p p'--c or parcel of land, situate, lying and being in the Hamlet of Cutchogue, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a monument on the southerly side of New Suffolk Avenue at the northeasterly corner of the premises described herein and the northwesterly corner of the premises now or formerly of Leonard P. Wessel, III and Amy P. Wessel; THENCE South 13 degrees 01 minute 40 seconds West 449.31 feet to the mean high water line of Great Peconic Bay; THENCE along the mean high water line of Great Peconic Bay North 68 degrees 42 minutes 01 second West 33.35 feet; THENCE North 13 degrees 01 minutes 40 seconds East 444.51 feet to the southerly side of New Suffolk Avenue; THENCE along the southerly side of New Suffolk Avenue South 76 degrees 58 minutes 20 seconds East 33.00 feet to a monument and the point or place of BEGINNING. ]D E EI ,,� s �1 0 FEB 1 5 2017 `� —i sauthoid lows _Board of TnstM 3 9 of 68 E 0 F F E B 1 5 2017 Board of Trustees EXHIBIT B 10 of 68 'tI T I-1y,r W,1111 IT" 14 !.2qp.uYq t 01, pale Made,as of SPI RM"VETEM ,I,'7V!v')Y of Doria�d zf)11311 Dive, Ap•t For,' lv.yer, It I id i T-k C'n FT . r), ah p_njt t I=-VY, r,.,, z a TI 17,; purchav,vic PIOP! -11Y,Io9CIh,.*. With all Wilding,rat, INIPM11""Moll 1"d funifshil... .. pt lcf,- The,purchase pric'-,is nt;;rc lully (>It 11 pf'YalW1 vs follcm. �5 1 00 srpsrate PkAc nl,'Irkcd"'Schedulc A",annexed herctc and JuDdo u pati I,6R 7 hereat End 8180 knovin tis: signing of Lhjr.coutra�, ,t,by pulchasel,s good 1chc Cz C2400 NeW Suffoll< 4kventle, CtCfi0CU,, 'GtleFUCT-ves(as hereinafter defined), subject to colieeUwi, tile receipt Of which is hereby acknONVIed9cd, to be held in s----crrW -YG r-k pursuant to Paragraph 6 Of this contract(the"Down paymerip).' $ 100,000.00 FEB 1 5 2017 11 of 68 89 -�o ZT saa�slul�o �e u�el P)oy�na� Z10e 5 l 83J A 1 I , I i i { I 1 ! I � I i i � I at{a ur peprtt.,uz aaR Su-c;adaao 1 jj'?al a ZjUM Pu, Xk 4ri'Yt C tX lf94.' ! (@Xap cat{lo[o 'dUCI}7RUl St t}sant rxayseMgSs p t PlOi.ld!il••100,.�':S"t�„t•!i';'ts! 'sastwo.rd dyt uo s�stsa dttuocaua s� (alar,a)g03/rddow tno ay,.ryr)nwlaq papnloxa IOU;U}-)pnq puu Ottrloda+a-tfp, )Htent=s�aFtdyaiscftipt+u-ora uttfn�c, atltlkf-ajfist3++u l�t+t`•�7ac)P--i{at}i�h-2f-aetItp-tinht;*aaf�-t,+�RrTttn a�EnUc:t-4-+arvnlby5}Blt1iI3;-'dtl-t-i 4_eaiEt+l{{a}d t'1soeLee--cerdaxoe3-etHttste#a-}a{et-q-1dHp+lfi2dr��6ua.-gtil'(?�'V5MEdwg tv�uf�9t�--ty�Hdt`�1A�,yflo;taa;t,F,df>AtutkrYandS 'tM)tAtlUlq l'SIItBCE11ti1?l 'tAfigHrl�S-I=Rtd'o4Nol'15l4gfL'e�2r+e{Yn'-sl,.?u[`fiolsNd 1toa9o3ip=.ttT1nufrb.LtTd••t9usrbaaynu;aFaTl-t'ese;=inGu.'TtarWoeuagFikgg(oflrnu3Hu{gf}tsrgw`Ws'rdvp-fw>lo{tui;lutn1l hto atsr>n, &7•'�oljr-ills'saeoqUlculs 'ai,anv'suoaios'rspys'0100DU brinyt+ger-1151PUa 'JlnhlpjaI a)} 71Pill, ptv 17iP}d Ii�iIMS 'SrUj Ilfll rQpp i fl 3 PT}ft}Ft,?ff:3}s4t1 u1=1'(s L•`i c --(f;) `Sl,rtuutu SraluElua pun• slauiquo u•;yoli;t flue :loll{tdq Atoyiapuug:, --- salntxy i1ul;toQa nun 2ui7y311 Tulutq ftglanid '01 pal(uul -___:14;i �'Ld p i3•.Frp,t+evq;vAfatf rd�ernskty:irt�tya-y tr, ,>ua lou sru lnq'apnl4ul (at , LI. laofgns oq,wW afw,s,yt gciigAt of-)249uow n f1 fittfl4tl}H-.Nz,{B 9)1H�had9rfF' 4lf9Hkttj opMjflt iilfr•---- ullsr.0 XEM idoo':v -sa.,unrqugrlua pull slap IID lQ )sa's }rue poll -•,1—ttltfatt{7a;s+t1-,:i la•t€ t} Ufl#R'.F!—fH•�•••liNi67UgI..-,1d1 11JIi)1,'(0 p lwo Ptl'Jtl} J3!UCl�Iq Ilihl .('�(tl gUISot) Ig loll,slusudr,, t1i11_!,I••t'3•Ft4th:t--1 Vii..,:—c+•.aA:2=�. F• Puri molgq p)pnloxo i Hoi!;rads t .•, t3-.aa.d-s,tatt�rn-b3o5r��u,-ss,alas tl f. ssatun 4;acitu 'ttfi'rxrtr'•!}�,o-silu a•ay,.;t,:I:r:r;.e;9:,'eer i4.�lk i Y99•Si.,t -.>14 "(t nt 2unctotrtsdrin so puy:,1111 „toil 4idord tdunclad y•1 sot lltn: puu uamtxrl II; ;ot,nl w ossa :tu5 slU sI,Aolt rrLwA.)d i5tt3 8a tsl��}ve i i :,-r�•lfslt:3•s{-�;�,.'.f9•}t-t;';tpoafl,.rdev.�tj-c�ta/a(`)--a:;..t•;-an-r-:flat } , 10 plunk¢ gai'ls to ualvnIloo put; rill}wu7urt ayl Pull 311!1 yon; ra �,tldu fiuruJ yp;a�3uupYa +u!n 7nu0tn r1,} l i f rirYb�1 np,}unos')c Attiu:aSv :vtl, e a t 1 It,Sl;,;,tuust3p law l ) (ud uaui3p ua 'i.a„yY,lil to '(?3UU')P J:)1julua1ay tri) iluuot-) 00 tJ 4 iu,1a,11yoln'l of 1+ao lr,uo!,Ippu au tit"anllap ilmis rell .S ,t.ney<ty ::4100':fulsol)t t d to'12115,Cud 10 eP.3i9 ao'Alu!{a to 1!ocdar Aq sas;111mid 0111 ul sa uunp Pid/oItl pysn 2q 0! 8ulsot;� lu srasdyam,{ otreUO;S.,Juw!!su°'cd Sm lol ro�pud uolluLwa luua } g ut,,at"G.10 uncdar{q P1enu,p1mrn le• !. riud 01"ll.'s do Igi3l)Xuo`lutptflm jijoijill auq a43U2o.yl 01 sasiwa;d 00,0 a paap:q Ul rapuull',cq ownseu ottl Julutofpu easodoid ro pau2do',(snty$tq ro 13a11S,Cue io paq ay1 ttdgs 139a1tarn,j go!yr<i 3o 1111 (41d Joalay slop:tlt tYo o�u8lrow ui gulrt(pull a,Xuu 7! 'srli8u pull drtislulMo s,ralloS rpvn ral;s8o i Outl lxf aql uo pindun lu,,ould tad�auurl oyt .l0� }ailanto{(r ,,{a (q) .`it;i lCiS Sfl1. V(,C,� ONVO Loll j1G,wurd 00,90 N00'19 00'91 f=; S'0001 t OIX191cl:uousuRisi(I duyy xu 1 ss>u,py kaon, t untie wf� sNn�� fl until Closing or sooner termination of this contract shell a �`r"p " "b'�'tt+aFly eef#eLattd apply Pay over or ap3ees that ert}y pa�wteAtsiey_tp pp y the Downpaymant in accordance with the teens of this s-�stirg-trtertgage to wlfl bo-made-between thadate{ veefand Slasing' p agraph. Escrowee sball hold the Downpayment in u(n) non � fr'raSsh users++ aseeutFSeNsr shall a interest-bearing account for the benefit of the panics. If interest is it Afaa LBl�ralaassr-lFJ� e held for the benefit of the parties, it shall be paid to the party sha1FemauRth��u �g �Q� entitled to the Down a p ymetit and the party receiving the interest E'.leSFnD liar-at shall pay any income taxes thuCon. if interest is not held for the Edj $slice stFeH deliyer�a RtxahasaF t4 G orlaS aeerflfloate dated benefit of the partes,(ho Downpayment shall be placed in an 10LA not-4Ftora-4hal,-38-d account or as otherwise lemmitted or required by law no Soial fined by}ho-�telder of Security or Federal ldentification numbers of the parties shall be lite-erftsl+ng-r+�or#gttge�i yr a dmg�0 fumishcd to Bscroweo upon request. At Closing,the Downpayment et +yi�Rpaid ptvneipah# 4�to-wr, {tas shall be paid by Lserowee to Seiler. if for any reason Closing does b��Jd-tirid--tlte�eaieun�ctai+nsd-te-kw-tinpnid-dirt not occur end either prJneipal aril intarastrµsmi �ller shat{ a P art y gives Notice(as defined in paragraph 15) pas lh to Escrowee demanding payment of the Downpayment, Escrowee foes-fa�rasesdlttg_suer.ser{lfieeta.-lE-rite+-he-ilei-ef�ha$xisling shell aiortga &Or{ e8ti� give prompt Notice to the other party of such demand, if 214 a-smith�_Tm -�ri,t}� 4,¢ nstead-sf {}io Escrowee does not receive Notice of objection from such other eertitioaFarFttfltlsl `N party to the proposed payment within 10 business days after the 0+nple}�-or ¢gest-dimer$-ihap at}_dsy� fs a giving of such Notice Escrowee is hereby authorized and directed iiitatRiag�liy sarrr� b make such payment Fif Escrowee does receive such Notice of fg) lle�representsand �� hese r� jection within such 10 day period ax rite tt¢ � epi tpBi '� F' r Escrowee shall continue to bold such amount unlit 1 Fho�� i� ar` �ns a"d n'odif' y directed by Notico from the pttrUes to this contract or a final,non- QfWng wih lie!ba,;4%do Irr not nrF�ut aqe t appealable judgment, order or decree of a coup. appealable However. lees net eenEain Y-ff" ' Escrowee shall have the right at any time to deposit the aaer4gaga is ro�re.. i idie s any and the tritest thereon with the clerk of a court in arty a�ao€b ytn � "gs the county in which the Promises are located and Shull give Notice the-gftlmlbaG 5`fieRseR-af Ude sale et-0eRveyaaes of ofsuch deposit to Seller and Purchaser. Upon such deposlt or other disbursement In accordance with the terms of this paragraph --S, uxeheae A4eaey}tg f� { er ,nQ Escrowee shall be relieved and discharged of all flrrther obligations to bye-piuetiase nrertey -ftv--"i and responsibilitieshcmunder. *business ¢>}eva ppm($) (b) The pardcs acknowledge that Escrowee- is acting solely as a Ewe pili stakeholder at their request and for their convenience and thw aheiatsy-lei gag in-tha ler ' hsTowy Fhe Escrowee shall nor be liable to either itt--atfaslied-erf-tf-.-rta�-in--Nie Pahl' for any act or omission*F standard-f3, 40-4w-fwA unless taken or suffered in bad fatib or in wliJtul Assesiatiorr _;lyre disrcgard of this contract or Involving gross negligence on the pert raesrrlittgtar raeprdr 1 {titr e ge oC Cscrowcc. Seller and Purchaser jointly and severally(with right araeyttt af$—� 1 ry of couidbution ParatielF Escrowee ) agree to defend (by attorneys selected by (1�)-"Eke purekase yeney note erg rr}opgage shell} ), indemnify and hold Escrowee harmless from and it-is-subj t>fev+clethat against all cnsts, claims and expenses (Including reasonable o-{yen-0P4he,-cxIgiflg attorneys' fees) incurred in connection with the performance of aliens-raplaeernewe-ar Fscmwce's dutic,5 horounder, except with respect to actions or eanselieial+en +Atss-+rrEa--thereof sh ��°�ravfded-Fhat-(r)-NFs omissions taken or sufibrcd by Escrowee In bad faith or in willful disregard pareeater-Fhar}-- _ of Esc owce,lhis**on tract or Involving gross negligence on the part el>�sswtea tperaunde�skall i n its capacity a s Escrowee rmotbe-gFpaEer (c) Escrowee ma act or refrain Crom actin in res a'ttatrat-Ntereol shall-oxeeet}..l}re$ + .. y g pest of any matter tasurttof inslpal t 9, rcfeutd to herein to full reliance upon and with the advice of 8 � haj"tr 'a6` �tia�s o€pJssirr stwh COunsel which may be selected by it(includingrte r'o`'`�" �' " 'reolidnted too fum) and Shall be full Y member of its ll pard to t#s hailst; lia-axc�s,s fe<e be Y protected m so acting or refraining from r e€-sash ptrr¢pase-m0fley—gr4 action upon circ advise ofsuuir counsel. r �n sp fire- ga p (d) Escrowee acknowlodges receipt of the Downpayment r �sB� N rdB � un1" m'ar subject to collection and Escroweo's¢grcernent to by check thcr�ef s#ral{ReF alter er affeoE-there t t�'t-te rims lialdef this subject to c 11 by si pmvisions of aK freed gu1Ra fnstrtNrrteat +fano, going in the place indicated on the signature p p Y$� liersyndar atFd�lia4 t}te O}r4h@ r Page of this contract, ei�--derrtynd-�rrc3--w{th4ryt (a) Escrowee or any member of its find shall be permitted to Oct as eGk+'a-aedgaend dsif er sir o E�x`r0t' r counsel for Seller in any dispute as to the permitted t of the Rk`�y i+dinatio � � g} i h Downpaymcnl or any other dispute between the parties whether or G.Clowrrpa,Yment In Escrow. not ESen)Woe is in possession of the Downpaymcnl and continues to act as Escrowee, (n) Seller's attorney("Escrowee")shall hold the DownpaymeAt Inn (1) The Part'whose attorney is Escrowee shall bo liable for loss of the escrow in a segregated bank account at IP MORGAN CFIFWF.. Downpayment. BA1JK,address One Penn P[aza,lJew York N 1'10001 7, Acceptable Funds. Ali money payable under this contract unless Otherwise specified,shall be paid by. (a) Cash,but not over$1,000.00 tDD FEB 1 5 2017 i Southold Town Boad of Trusteesi -� 13 of 68 M Good certified check of Purchaser drawn on or official check `ahmy � appH�tieR9 ware-fes issued by any bank, savings bank,oust company or savings sit eh and loin association havh}g a banking uf8ct In the State of "fi r tO"ti' New York unendorsed and payable to the order of seller,or as Sa}{ 9�8�tht � ag AFBiJea tf+er89€to Sollor may otherwise direct upon reasonable prior notice(by pY e€sash flan#a7r r ge {per + ser#}sa telephone or otherwise)to Purchaser. °p`}'>3 +itH al(' 'b) 'Oni9 paragraph R, (c) As to money other than the purchase price payable to Seller at nHs tssuetl 17y aA last}ht#39Ae11,9Adctrttn af§itf+xe Closing,nncerlified ohock of Purchaser up to the amount of tFte Gr-Harr eeeopsad� $ 1000.00;and wriNen-sen+rrrytrRefre+}t-aa ii}stitut;uf,e# beAde tl,Al dc,ee its+ asnfor,R -iJw Feints sat fe�ti}In paragraph gra} re1}9ser-rRayt (d) As otherwise agreed to in writing by Sellcf or Seller's attorney. oaA99}-t#ttais-aon#Fartl-$y-girtng-tie#ioa-{e-SeJ}er w�Jft-3.-{t�;,(� 8.-JNer(gag9 S9+trrttltmen# 6entinganoy-( days-ttfFef-thH 6otRtRiFtitet#-ante-psetideEl {Jta6-such-�le#iso 2fP- Ii+BtUd99-[3i0-t;Qg1g_at}(�--pdd{�- �r•I,�o..�eAR}-�pa�4rtfi}-t(� sz-t�1GTEZ- N--M'0)IT-CW-g w#of»-app3leettet Yes ti+ade e+td#hat Wtie#tear}t Gt�h4aW1}A4�1�##�f-6�T�#I6�NG�'-G#,f4�S� a#�iFs-eb�igatiens-us+der-tJ+is a'�e�ivtF#+ {w}-Abe-e134igetiaA-�Purs -�e�ph-%, ha-��-i�+�hase-under�k+is-cc>tt#rest-is f+�---t�th' eoA�itiefled-upar>-fcsuaRce�tt-ot:-befero-d3-de;�-aha-a--fit {mgr-Pur�ueftt-lo�subftAta�g'm,,p�,h•,s� 6xa9HtQf#-09pyN{{jtis-9©fltFAGti$�ii'gt}t9-�+1f9}t950r�r � �� "b"� 12tIW1 ' �+t� �9A5'9P'Fi9FHFilie8�6�}}9.�#F}e��a.�.aSHff-R�11?19 a-sReRaar-sat-€e `am4mant- Bgot ' R ph Sip to paymagE shall bo pro}ttPti7 ie tided - �r-�+=-ro-„rtttar+ {e-l�ebttsereA�sxespi-as-ssi-f c 9 't}}vl'r �-cn�l]T'jt'tt�STV[i�ttd sHai+-ht9tit�tiaR91-ben �``ppAE-te-ji'Jtte# �ra+taeer-€a+Js--to-gig• nceNattor+-er--4#' 9iF1Cf-tltflP.�•�r e}}, -gp��} �R}&tiff$F{ryt-Ai93tbafig0-{OaFk, Ut8tt2Saf'--a908 -$ {}##t p-a9A+#;ti �U r-s-sgJg.�p9t- m� #j`iH�HC2d-tc)aA�FD �aAt#Bi-F{tat-�A09”R9F•e9ftf9ikH{0-4t9'#�RRS•fial-rAit tit+lti9++at rel}ese' ate sxpeA -- 8($, earned Ee#ave�vni�red �fi v}te#9p tom, - •, mFswrkee ri }t-te-ssneel-#tis-eeAkaeb ai++#-ta_teeeive-�r� td-ef-the pfav9lFi9g#i+Fed-or-adg � R aoropt}aF Fhe BewAPai t-§Y-FeAsen-of-tJ+s saAtiAg yr &i fl phis }+t�taFtta-ri+te--et-irtterast-attd-ee-et#ter pa+e$raplf-8+ oastemeFy-eo-ma}titRtarkE-tefgt� "4�n,tfitit+•'",�,,;�e--Fh9 d arkteef-a-Gain i�RaRN9• , eatraflt--h9rRer-pa}�++ektt-eF-e�o�d}t+okked-eA-tt+asel9-c�l2ufettasa•.'e esoptad-bye.}zur9hasei-by-t}�-�+t�+�etkt advef*a eJt t" i �-fle +rtateiial �a#e;SeNaf maS�e9kteeF Ehis-Nntract by k+ g eFfee to R9rehaser 6rtdit+ort 9r any eNter aftert#e tof+atRittRaAE-8eter-wJriah eaaoellatiea s69FF-beesskte eW5' PG.9djtieRe;gu�pt�t�a-raal�ti,9t-sae#t � eanditienad�9t;1-11}ov_Me-v_9r-a eaRrmitAwnt Poll%w4irt I O>3ttsinass t#ays attar Ute Semi te e�pFaisB{-9ha11-1TBt-#iB-�a9FRed• p �-9fBR sk+61t-uaitclellAt}6R�iBtt1•IeF�{+ -(}a}j_{ p.M. N f19'•lfppf-�kaa#-ISrA�F7rBVe(F'(@f{ -+ {Ftal 9rtt ***16(b) C.O,s herein attached. CO#17314 dated 9/15/88 Garage addition to existing one family dwelling (two story garage connected to pre-existing dwelling) and CO#13254 dated 3111/85 Construct Addition to existing one family dwelling 10.Governmental Violatlow and Orders. 14,Closing,Deed and Title. (a) Seller shali comply with all notes or notices of violations of (a) "Closing" means the settlement of the obligations of Seller and law or municipal ordinances,orders or requirements noted or Purchaser to each other under this contract,including the payment issued as of the datc%eraeiby any governmental department of the purohase price to Seller, and the delivery to Purchaser of a having authority as to lands, housing, buildings, bre, health, bargain Find sale will, Covenants against grantor's acts deed In environmental and labor conditions affecting the Premises, proper statutory short form for record, duly executed and The Pmmises shall he conveyed tree of them at Closing, Seiler oeknowlodged,so as to convey to Purchaser fee simple title to the shall furnish Purchaser with any authorizations rigT,%i1e Premises, free of all encumbrances, except its otherwise herein tike the searches flint could disclose these matters, e osIng stated. The deed shall contain a covenant by Seller as required by (b) (Deldle Y'inopplicable) All obligations affecting the Promises subd,5 of Section 13 of the Lion Law. pursuant to the Administrative Code of the City of New York (b) i r Sel ler is a corporation,it shall deliver to Purchaser at the time of incurred prior to Closing and pavablo in money ahall be Closing(i)a resolution of its Board of Directors authorizing the sale discharged by Seller at or prior to Closing and delivery of the deed,and(ii)a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and 11.Seller's Reprc;entntlons' setting forth facts showing that the transfer is in conformity with tilt (a) Seller represents and warrants to Purchaser that: requirements of Section 909 of the Business Corporation Law. 'rite 1 The Premises Abut or have a right of access to a public decd in such cost shall contain a recital road; compliance with that Sectisufficient to establish on. iT Seller is the sole owner of the Premises and has the till right,power and outhority to sell,convey and transfer the 15.Closing Date and Place. Closing shall cake place at the office of same in aocordanoe with the terms of this contract, Patricia Moore, ESQ., 5I020 Main Rd.. Southhold NY I11. Seller is not n"foreign person", a that term is dofmcProperty for ax 11971 at 11:00 AM o'clock on or or ab out Purchasers' purposes of the Foreign Investment in Rea!Property Tex Act. Internal Revenue Code ("IRC) Section 1445, as or upon reasonable notice(by telephone or otherwise)by Purchaser,at amended, and the regulations promulgated thereunder theofficeof the lending institution (collectively"FIRPTA"); TV. The Premises are vot affected by any exemptions or 16.Conditions to Closing. This Contract and Purchaser's ablipfion to abatements of taxes,and purchase the Premises are also subject to and conditioned upon the V Seller has been known by no other name for the past telt fuI1T11ment of the following conditions precedent: yearn,"foogh_ (a) The i ccurgcy, as of the date of Closing,of the representations and warranticSbfSeller made inthis contract.*arid covenants {b) The delivery by Seller to Purchaser of a valid and subsisting (b) -Seller covcaant�s and warrants that Fill of the representations acid warranties set forrb to this contract shall be true and Certificate of Occupancy or other required certificate of correct atClosing. 'nand covenants compliance, or evidence that none was required, covering the (c) Except as otherwise expressly set forth in this contract,none of building(s) and all of the other improvements located on the Seller's covenants, representations, warranties or other Prep" authorizing their tine as a (1) ON&FAMMY Obligations contamcd in this contract shall survive Closing. DWELLING and(Z)a GARAGE ADDITION tb existing ONE- FAMILYDWBLLTNG at the date of Closing.SEE ABOVE*** 12.Condition of Property, Purchaser acknowledges And represents (c) The delivery by Seller to Purchaser of a certificate stating that that Purchaser is fully aware of the physical condition and state of Seiler is not a foreign parson,which certificate shall be in the form repair of the Premises and of All other property included in this sale, filen required by FIRPTA or a withholding certiticnte from r R.S. if based on Purchascr"s awn taspccnon and investigation thereof, and Seller fails to deliver the albressid certificate or if Purchaser is not that Purchaser is entering into this eontracl based solely upon such entitled under FIRPTA to rely u has trice asu Purchaser shall inspection and investigation and not upon any information, data deduct and withhold from the purchase price a sum equal to 10°.6 statements or representations, written or oral, as to the physical therwf(or any lesser amount permitted by law)and shall at Closing conditions,state of repair,use,cost of operation or any other matter remit the withheld amount with the required forms to the internal related to tite Premises or the other properly includ ' the s Revenue Service given or made by Seiler or its represcnuadves, and � � �1 i4@r no delivery of the Premises and ail building(s)and improvements same"as is"in their present eondilion and stafe of repair,subject to Comprising apart thereof in broom clean condition,vacant and free rebsonablc use, wear,tear and natural deterioration between the date of]cases or,<nancics,together with keys to the Promises. hereof and the date of Closing ( (")�H-1 +Ag{taeludixglvalcr�uppJy er5optie sysie, pn Rt�t�without any reduction in the put chase price or claim tteattrt> and'air-aondttaatstng y€-tory—eloetrieal end-rano}eq;�l of any kind for any elaange in such condition by reason thereofsysteoto;cquipmeak atm-tnpehiavey is lila byi#dirae(e�)seated Cts the subsequent to the date of this contraclik Purchaser and iter authorised e Fid�l ppyan°es whit h ar$steludud{ta this sa;e_baiag im represcmaiives shall have the ri wer>titi8 er er gs eftt+s duteef6leskt IrA#Nte fie reasonable notice �h at reasonable times and upon as oft#e data tea, a of lenka (try telephone or othermsc)to Seller,to inspect the b Premises before Closing. (f) If the Premises arc a one or two family house, delivery by the parties at Closing of allidevits in compliance with state and local 13.1•ns11rubte Title. Seiler shall give and Purchaser shall accept law requirements to the effect that there is installed In the Premises such title as Purchaser's blew York Title insu once asmokcdelectmgalarmdevice ordevices dliveby the P Company shall be willing to approve and insure in accordance with (g) ondition o`recording thetes detxif any other affidavits required as a its standard foriu of title policy approved by the New fork State insurance Dcpartmcni, subject only to the matters provided for-this contract. #except for non-reasonable use, wear, tear and natural deterioration between the date hereof and the date of closing, including but not limited to, damage to house and accessory structures due to weather, negligent or intentional acts of damage to the property. **expiration of /rate lock--oil-8 31/12 or such later date as Purchasers'/rate lock may be extended Mortgage I- > > Sit �_. J mortgage FEB 1 5 2017 y 15 of 68 Southold Town Board of Trustees 17. feed Transfer and Recording Taxes. At Closing,certified or 21. Title Examination, Seller's Inability to Convey; Limilmlons of official bank checks payable to the order of the appropriate State,City Liability. re County officer in the arriount of any applicable transfer and/or (a) Purchaser shall order an examination of title in respect of the recording tax payable by reason of the delivery or recording of the Premises from a title company licensed or authorized tar Issue title deed or mortgage, if any,shall be delivered by the party required by insurance by the New York State Insurance Department or tiny this contact to pay such transfer and/or recording tax, together with agent for such title company promptly after the execution of this any required lax reltims duly executed and sworn to,and such party contract or, if this contract is subject to the mortgage contingency Shall cause any such checks and returns to be delivered to the set forth in paragraph 8, after a mottgagc commitment has been appropriate officer promptly after Closing 'rhe ob'igahon to pay arty accepted by Purchaser. Purchaser shall cause a eo additional tax or deficiency and tiny interest or penalties thereon shall report and of any additions thereto to be delivered to Phe ata meetitle y(S) survive Closing. for Seller promptly after receipt thereof: 18. Apportionments and Otlier Adjustments;Rater Meter (b) (1) If at the dateAccoO t to Closing Seller is un blel'urcransfer title. to Installor ment Assessments, valid (a) To the extent applicable,the following shall be apportioned as encumbrances or grounds other objections bjections to titg to close, le o er r Otherwise (herein of midnight of the day before the day OfClosing- collectively called "Defects,% other than those Subject to which (i) taxes, water oharge,� and sewer rents, on the basis of the Purchaser is oblig lad to accept title hereunder or which fiscal period for which assessed;(ii)fuel; (ii)interest on the Purchaser existingmortgage. iv may have waivcd`artd other Utah those which Seller has he i7,n ( ) premiums on existing tmnsfernhle expressly agreed to removt,remedy or discharge and if PorchaserCing Insurance Policies and renewals of those expiring print to shall be unwilling to waive the same and to cleat title without Closing;(v)vault charges;NO rents as and when collected abatement of the purchase price, then, except as hereinafter set (b) 1f Closing shall occur before a now tax rate is fixed, the forth,Seller shall have the right, apportionment of taxes shall be upon the basis of the tax rate take such action as Seiler may deemsadlervisable to remove, remedy, for the immediately preetding fiscal period applied to the latest discharge or assessed valuation, comply with soot Defects or to Centel this contract; (il)if Seller elects to take action to remove,remedy or comply with (c) (('there is a water meter on the Premises,Seller shall famish a such Defects,Seller shall be entitled From time to time,�ga Notice reading to a dote not more than 30 days before Closing and the to Purchaser,to adjourn the date for Closing hcreundd cul'r period unfixed meter charge and sewer rent, if any, shall be or periods not exceeding60 days in the Aggregate apportioned oo the basis of such hast readin ychasers (but not g rate ten tag beyond the dale upon which Purchaser's mortgage (d) if at the date of Closing the Premises are affected by an assessment which is or may ;`"'""`"ate shall expire),and the date for Closing shall be y become payable m annual adjourned to a date specified by Seller not beyond such period. If irtstatlments and the first instnllmont is then a lien,or has been for any reason whatsoever, Seller Shall not have paid, then for the purposes of this contract all the unpaid succeeded in P removing remedying or complying with such Deft^cts at the installments shall be considered duo and shall be paid by Seller expiration of such adjournment(s), and if Purchaser shall still be al or prior to Closing. unwilling to waive the same and to close title without abatement of ley Any errors or omissions in computing apportionments or other adjustments at Closing shatl be corrected within a romonoblc the purchase uce ro the erne,give within len either party may ca such his Contr date time followmg Closing '1 his subparagraph shall survive Closing. (iii) notwithstanding the foregoing, the existing mortgage (unless this sale as subject to the Same)and any matter creatd by Seller 14. Allowance for Unpaid Taxes, etc. Seller has the o lion to hib after the date hercofshall be released,discharged or otherwise credit Purchaser as nn adjustment to the purchase price with the( c) if thisontmct iisoc nclell d Pursorro uant to its term o amount of any unpaid taxes, assessmonls, water charges and sewer s, they Dian as a rents, to ether with an result of Purohnsar'�rdefault,this contract s17811 lnotrnninafc and ca m 'For less that five business dates after Closing,penalties provided the official 4bills to an and,and neither party shall have any further rights,obll ata s g �cllers therefor computed to said date arc produced at Closing. ru liabilities Sellrstealagainst or to the other hereunder or otherwise,except iliac(i)Seller shalt promptly refund or cause Ute Escrowee to 20. Use of Purchase }'rice to Remove Butuntbrauces, if at refund the Downpayment to Purchaser and,unless cancelled As It Closing there are other liens or encumbrances that Seller is obligated result of Purchaser's default or pursuant to paragraph g to to pay or discharge,Sellers use an g° reimburse Purchaser for the net cost of examination of title, Y y portion of die cash balmce of including any appropriate,additional charges related thereto,and the the purchase price to pay or discharge them, provided Seller shall net simultaneously deliver to Purnhnser at Closing Instruments an existing cost,Survey of thectually r InGun-misesco by f a new s for updating the recordable form and su8iciunl to satisfy such liens or encumbrances g y Ute Premises or of a new survey, and (ai) the in record, together with the cost of recording or film ,Said obligations under�pttiha rs ph21 shall survive the termination of this ansaruments As an alternative Seller may deposit sufficient monies contract, tt with the title Insurance company employed by Purchaser Acceptable 22,Aflidavll as to Judgments,Bankruptcies,etc. Ifa title examtnataon to slid required by it to assuro their discharge, but only if the title discloses judgments,bankruptcies or other returns against persons having insuranceagainst company will insure Purchaacr,s title clear of the matters or names the same as or similar to that of Seller, Seller shall deliver an insure against their enforcement out of the Premises and will insure afridavit at Closing showing that they are not against Seiler. Purchaser's Institutional Lender clear of Stich matters, Upon reasonable poor notice (by telephone or otherwise),Purchaser shall 13,Defaults and Remedies, Provide separate p these or of2icial bank checks as requested to (a) If Purchaser defaults hereunder, Seller's sole remedy shall be to assist in cicaririg up these matters. receive and rotain the Dovvnpayment as liquidated datnAgcs,!t being agreed that Seller's damages in case of Purchaser's defauh might be D E ESV 1 , FEB 1 5 2017 c� rh�i;)1-ewn ""tees 16 of 68 impossible to ascertuin and the Downpayment constitutes a fair 28,Allacollantous. and reasonable amount of darnnges ander the chcumsiances (o) All prior understanding,agrccmcnt_s,representations and warranties, and is not a penally. oral or written, bctwccn Seller and Purchaser are merged in this (b) re Seller dbfaulh hereunder, Pornoted dor shall have such contract;it completely expresses tlicii full agreement and hos been remedies its Purchaser shotl be entitled to at loco or in equity, entered into after full investigation,neither party relying u including but not limited to,specific performance. statement made by anyone else that is not set lorth in this contact .,' 24.Purchaser's r tali• All money paid Oil account of'this contract (b) Nelther this contract Our any provision thereof may be waived, and the rensonable expenses of examination oY title to the Premises changed or cancelled except in wdlipg This contract shag also and of any survey and survey inspration charges are hereb made apply to and bind the heirs, distributees, legal mpreserrtaUvcs, liens on the Premises, but such lions shall not continue after default successors and permitted assigns of the respective panics. 'lbe by Purchaser under this contract. parties hereby authorize their respective attorney,, to a writing to any changes in dates and time periods provided for nthis 25,Notlees. Any notice or other communication("Notice")shall be contract in writing and either: (c) Any singular word or tens heroin shall also be read as in the plural and the neutshall include the(a) sent by either of the parties hereto or by their respective wbo ever the Sense,of this Contract may treiqui c it. feminine gender, sby ttorneys who are herby authorized to do so on their behnif or (d) The cophons in this contract are for convenience 01,10forcncc prepaid,or only the Escrowee, by registered or certified mail, postage and In no way define,limit or describe the scope of this contract and prshall not be considered in the intcrprctafion of this or an (b) delivered In poison or by overnight courier, with receipt hereof. acknowledged, to lite respective addresses Y provisions contract for the given in this (c) This contract shall not be binding or cffective until duly executed Party and the 13scrowee,to whom the Notice is and delivered by Sollcr and PurchOser. to be given,or m such other address as such party or Escrowee (f) Seller and Purchaser shall comply with IRC reporting requirements, shat! heiealler dexignate by Notice given to the other patty or if applicable. This subpanigraph shall survive Closing parties and the EscrOwce pursuant in this paragraph. Lech (g) Each party shall, at any Niue and from time to time, execute Notice inailcd shall be deemed given on the third business day acknowledge where appropriate following rhe date of marling the same,except that any Notice instruments and documetad lake such other notion cas mayhbc to escrowee shall be deemed given only upon receipt by reasonably requested by the other in order to carry out the intent anti Escrowee and each Notice delivered in person or by overnight purpose of this contract This subpatpgraph shalt survive Closing cutiricr shall be deemed given when delivered,or (h) This contract is intended for the exclusive benofli of the parties (c) with respect too paragraph Not a paragraph]be,eat c t i to hereto acid ext.ept as otherwise expressly provicird herein,shall not the parry's attorney. Each Notice by fax shall r' deemed given be for the benefit nf,and shall not ciente any rights ill,or be when transmission i confirmed by the sender's fax machine, cn forceable by any other person or entity. A copy of each Notice sent to a party shall also be sent to the (i) if applicable, the complete and fully executed disclosure of party's attorney_ The attorneys for the parties are hereby mrarmation on lead-based alar andlor Iced-based nuthorixed to give and receive on behalf of their clients all P palm hazards is Notices and deliveries This contract may be delivered as attached hereto and made a parthereof provided above or by ordinary mail Continued nn Rider attached hereto (Delete(f inapphcablr) 26. No Assignment. This contract may not be assigned by The document titled Rider to Contract of Sale Purchaser without the prior written consent of Sollcr hr each instance dated Aug, r 2012 shall Forte a and any purported assignmcnt(s)made without such consent shall be contract as fully part of this void. y as if set forth herein. 27.Broker.Seller and Purchaser each repracnta and warrants to the other that it bas not dealt with any broker in connection with this sale other than Prudentini Douglas Eiliman Real Esfnte, Mritthiick ("Broker") and Seller shall pay Broker any commission tamed Pursuant to a separate agreement between Seller and Broker Seller and Purchase, shall indcrnnlry and defend elich other against any costs, claims and expenses, including reasonable attorney's fees rising out of the breach on their respm-tive parts; of any, ropresentation or agreement contained in this paragraph T7ie provisions of this paragraph shall survive Closing or,if Closing does not occur the tcrmim ition of this contract D i� l;, i- L9D FEB 1 5 2017 L' Southold Town rustoes 17 of 68 In Witness Whereof,this contract has been duly executed by the parties bereta. -4—� Z-4-- n ette nette Case Seller Donald G.Case Seller Deborah Case,F/N/A/Deborah Knminiski Seller David R.Case Seiler Todd Freed Purchaser Edith Webster—Freed Purchaser Attorney for Seller.PAULE.LOOMIE, I�SQ.. Attorney for Purchaser: PATRICTA AIOOTZ ,ESQ. Address:450 Seventh Avenue,Suite 2304 Addiess: 51020 Math ltd, New York NY 10123 Mattituck NY]1971 Tel.:212-465-9200 Fax:212-268-9605 Tel.: 631-765-4330 I'm 631-765-4643 e-mail: Peloomie@juno.cont Receipt of the DoNvnpayruentis acknowledged and the undersigned a�ees to act in accordance with the Provisions of paraLrapb 6 above. _��v'z�� Paul . Loo ie, F.sn_ , Escrowee r-, V E F E B 1 5 2017 1 —Southold Town a of Trustee 18 of 68 In "" fitness r Y Hereof this contract hos been duly executed by the partles hereto. --------------------- Jeannette Case Seller Donald G.Case Seller Deborah Case,F/N/A/Deborah Knininiski Seller David R.Case Seller Todd Freed Purchaser Edith Webster—Freed purchaser Attorney for Seller:PAUL E,LOOMUE, I,SQ.. Attorney for Purchaser:PATRICIA MOORS,ESQ. Address:450 Seventh Avenue,Suite 2304 New York NY 10123 New 5102U Main Rd., Tel.:212-465-9200Manituck,NY 11971 e-mail: peloomieQjuno.com }ax:212-265-9605 Tei.: 631-765-4330 Fax:631-765-4643 Receipt of the Downpuyment is acknowledged and the undersigned agrees to act In accordance with the Provisions of paragraph 6 above. Paul R. Fs Q• , Escrowee FEB 1 5 2017 a South,,r ld lova B ar of Trustee 19 of 68 In `witness Whereof,this contract has been duly exceuted by the parties hereto. Jeannette Case Seller Donald G.Case Seller Deborah Case,FIN( DCbR.r.Lh Ka niniski Seller David R.Case Seller 4ree Todd Fd Purchaser -AU& A/►vL Edith Webster—Freed Purchaser Attorney for Seller;PAUL E.LOOM LE, ESQ,. Attorney for Purchaser;PATRICIA AMORY,,ESQ, Address:450 Seventh Avenue,Suite 2304 Address- 51020 Main Rd., Now York NY 10123 Matrltuck,NY 11971 Tel.;212-465-9200 Fax:212-268-9605 Tel.- 631-765-4330 Fax:631-765-4643 e-mail: peloomie@juno.com Receipt of the Downpayment is acknowledged and tho undersigned agrees to act to accordance with the Provisions of paragraph 6 above. Paul E. I,00mie, Esc1. ,Escrowee IVFI FEB 15 2017 Southold lown ar u Trus e 20 of 68 r f, In Witness WherCOf,this contract has been duty executed by the parties hereto. Jeannette Case Seller Donald G.Case Seller Deborah Case,F/N/A/Deborah INaminiski Seiler Jz a*.A1'q'O 0.�ej David R.Case seller Todd Freed Purchaser Edith Webster—Freed Purchaser Attorney for Seller:PAULE,LOOMLR-, 1,,SQ., Attorney for Purchaser:PATRICIA MOORS,ESQ. Address:450 Seventh Avenue,Suite 2304 Address: 51020 Main Rd., New York NY 10123 Mattituck,NY 11471 Tel.;212-465-9200 Fax:212-268-9605 Tel.. 631-765-4330 rax*631-765-4643 e-mai]: peloomie@juno,com Receipt of the DwAmpaytuent is acknowledged and the undersigned agrees to actin accordance with the Provisions of Paragraph 6 above. tv Paul F. I, omie.,Fsq. ,Eserotvee FTPI 1 FEB 1 5 201 7 SO{{1i161Ci 704"v�1 S 8 '0 TfOSIBB 21 of 68 RIDER TO CONTRACT UP'SALE DATED 2012 Seller: Jeanette Case, Donald G. Case, Deborah Case f/n a Deborah Kaminski David R. Purchaser: Todd FreedandEdith Webster-Freed ' Case Premises: 12400 New Suffolk Avenue,Cutehogue,NY 1. Rider to Prevail: In the event of any inconsistency between the provisions of this rider and those contained in the contract to which this rider is annexed and made a part of, or any other rider, the provisions of this rider shall govern and be binding. The term contract includes this rider. 2.Sub'ect to Provisions:Said premises are sold and shall be conveyed and taken subject to the following: a) Amy state of facts an accurate, current survey may show including variations,,*if any between, walks, steps,retaining walls, fences, shrubs, or driveways, and the lines of record title, provided same do not render title unmarketable. *of up to 12 inches b)Covenants,declarations,restrictions,uti lity easements,reservations,rights of way,easements,and agreements ofrecord ' any,ofrecord,provided same are not violated by 'ftr �the present structures on the Ises and the continued use thereof for the purpose for which the same arrpresently being used. In the event the foregoing are violated, such violations shall not be deemed and objection to title provided a title company shall insure that said structui es may remain in their present location for as long as they shall stand; c)Sewer agreement,gas,electricity and telephone easements,ifany,ofrecord affecting sairemises; d) Zoning and building restrictions, ordinances and regulations now or hereafter adopted by any municipality having jurisdiction over the Premises, provided same are not violated by the present structures on the Premises and the continued use thereof for the Durpose for which the same are presently being used. 3. Tenancies: NONE. 4. Objections to Title:if for any reason whatsoever,except Sellers wile default, reach or unable to deliver to the Buyer marketable title in accordance with the provisions of this Contact, Seller shall not be required to bring any action or proceeding,or to incur any expense to render title to the premises marketable.Any action taken by the Seller to render title to the premises marketable shall not be deemed an admission on the Seller's part that such condition is one which would give the Buyer the right to cancel this contract. Should any objection to the title not be removed or cleared by Seller, or if any covenant, easement,restriction or agreement is not insurable by Buyers title insurance company,then the sole l j��D FEB 1 5 2017 scuff of i Iowa ard of Trustee 22 of 68 remedy of the Buyer shall be to accept such title as the Seller shall be able to deliver without reduction to the purchase price or,alternatively,to cancel this contract and receive only the return of the down payment made hereunder,without interest,together with the net cost of title examination actually incurred, without insurance. The Buyer shall not be entitled to any damages or other expenses whatsoever. Seller will use reasonable efforts to clear title. 5. Certificate of Occupancy This representation may not be construed to obligate Seller to incur any cost or any expense to obtain a Certificate of occupancy,Certificate Of Completion and/or letter as herein above provided; and in the event Seller cannot comply with this representation without incurring'any cost,the Seller shall have the option of canceling this contract and returning to the purchaser the any paid hereunder,and thereupon,the liabilities of the parties shall cease and terminate unless the purchases waives this condition. 6 Execution of Contract: This contract shall not be binding upon the Seller, nor shall the Se]ler in any way be obligated to'Buyer to consummate the transacfion contemplated hereby,unless and until such time as Seller shall have executed a copy of this Contract and thereafter delivered to Buyer such executed copy. This contract must be delivered to Sellers attorney,fully executed by the Buyer and with the down payment, within seven business days of the date sent to Buyer or same shall,at Sellers option,be deerned null and void and of no further force and effect.Seller shall deliver a fully executed Contract to Buyer within three (3) business days of receipt of 7.Escrow Agent.•The parties herein agree that in the event of a dispute between the parties, the seller's attorney shall not be named as a party to any action,but instead may tender any sums held in escrow to the appropriate court having jurisdiction,once an action is commenced, 8. In the event there are items in die title report such as violations,judgments, liens, etc., which the sellers are unable to clear,then either party may terminate the contract of sale,with the return of the purchaser's contract deposit. al. Execution in Counterparts: The parties agree that this Contract of Sale and Rider may be executed in counterparts. Rider X attached hereto. Seller: Buyer *executed Contract from Buyer, or Purchaser may cancel and Seller shall refund or shall cause escrowee to refund Purchaser' s downpayment. 2 LL FEB 1 5 2017 � 23 of 68 Southold 1Dwn B aryl of Trustees remedy of the Buyer shall be to accept such title as the Seller shall be able to deliver without seduction to the pUu•chase price or,alternatively,to cancel this contract and receive only the rethu-n of the down payment made hereunder,without interest,together with the net cost of title examination actually incurred; without insurance. The Buyer shall not be entitled to any damages or other expenses whatsoever. Seller will use reasonable efforts to clear title. 5. Certificate of Occunancy This representation may not be construed to obligate Seller to incur any cost or any expense to obtain a Certificate of occupancy,Certificate of Completion and/or letter as herein above provided; and in the event Seller cannot comply with this representation without incurring any cost,the Seller shall have the option of canceling this contract and returning to the purchaser the deposit paid hereunder,and thereupon,the liabilities of the parties shall cease and terminate unless the purchaser waives this condition. 6. Execution of Contract: This contract shall not be binding upon the Seller,nor shall the Seller in any way be obligated to Buyer to consummate the transacfion contemplated hereby-,unless and WItil such time as Seller shall have executed a copy of this Contract and thereafter delivered to Buyer such executed copy. This contract must be delivered to Sellers attorney,fUlly executed by the Buyer and with the down payment, within seven business days of the date sent to Buyer or same shall, at Sellers option,be deemed null and void and of no further force and effect.seller shall deliver a fully executed Contract to Buyer within three (3) business days of receipt of 7.Escrotiv Aeent•The pasties herein agree that in the event of a dispute between the parties, the selIer's attorney shall not be named as a party to any action,but instead may tender any sums held in escrow to the appropriate court having jurisdiction, once an action is commenced. 8. 113 the event there are items in the title report such as violations,judgments, liens,etc., which the sellers are unable to clear,then eithei party may terminate the contract of sale,with the return Of the purchaser's contract deposit. 9. Execution in Counterparts: The parties agree that this Contract of Sale and Rider may be executed in counterparts Rider X attached hereto, Seller: Buyer- /A **executed Contract from Buyer, or Purchaser may cancel and Seller shall refund or shall cause escrowee to refund Purchaser's downpayment. 2 FEB 1 5 2017 24 of 68 Southold Town Board of T ustees remedy of the Buyer shall be to accept such title as the Sellet shall be able to deliver without reduction to the purchase price or,alternatively,to cancel this contract and receive only the rettu-n of the down payment made hereunder,'Mthout interest,together with the net cost of title examination actually incurred, without insurance. The Buyer shall not be entitled to any damages or other expenses whatsoever. Seller will use reasonable efforts to clear title. 5. Certificate of Occupancy This representation may not be construed to obligate Seller to incur any cost or any expense to obtain a Certificate of occupancy,Certificate of Completion and/or letter as herein above provided; and in the event Seller cannot comply with this representation without incurring any cost,the Seller shall have the option of canceling this contract and returning to the purchaser the deposit paid hereunder,and thereupon,the liabilities of the parties shall cease and tenninate unless the purchases waives this condition. 6. Execution of Contract: This contract shall not be binding upon the Seller, nor shall the -Sel ler in any way be obligated to-Buyef to-coissununate the tiaiisactioii contemplated hereby,unless and WItil such time as Seller shall have executed a copy of this Contract and thereafter delivered to Buyer such executed copy. This contract must he delivered to Sellers attorney,fully executed by the Buyer and with the down payment, within seven business days of the date sent to Buyer or same shall,at Sellers option,be deemed null and void and of no further force and effect.Seller shall de1iver a fully executed Contract to Buyex within three (3) business days of receipt of *� 7.Escrow Agent The parties herein agree that in the event of a dispute between the parties, the seller's attorney sha]J not be named as a party to any action,but instead may tender any sums held in escrow to the appropriate court having jurisdiction,once an action is commenced. 8. In the event there are items in the title report such as violations,judgments,liens, etc., which the sellers are unable to clear,then either party may terminate the contract of sale,with the return of the purchaser's contract deposit. 9. Execution in Counterparts: The parties agree-that this Contract of Sale and Rider may be executed in counterparts. Rider X attached hereto. Seller: Buyer **executed Contract from Buyer, or Purchaser may cancel and Seller shall refund or shall cause escrowee to refund Purchaser's downpayment. 2 u L. FEB 1 5 2017 25 of 68 Southold Tovvn Board of Trustees remedy of the Buyer shall be to accept such title as the Seller shall be able to deliver without reduction to the purchase price or,alternatively,to cancel this contraot and receive only the rehu-n of the down payment made hereunder,without interest,together with the net cost of title examination actually incurred, without insurance. The Buyer shall not be entitled to any damages or other expenses Whatso ever. Seller will use reasonable efforts to clear title. $. Certificate of Occupancy 'Chis representation may not be construed to obligate Seller to incur any cost or any expense to obtain a Certificate of occupancy,Certificate of Completion and/or letter as herein above provided; and in the event Seller cannot comply with this representation without incurring any cost,the Seller shall have the option of canceling this contract and returning to the purchaser the deposit paid hereunder,and thereupon,the liabilities of the parties shall cease and terminate unless the purchaser waives this condition. 6. Execution of Contract: This contract shall not be binding upon the Seller,rlor shall the Seller in any Way be obligated"toBiiyef to-coi7summat.the transaatioii contemplated hereby,unless and witil such time as Seller shall have executed a copy of this Contract and thereafter delivered to Buyer such executed copy. This contract must he delivered to Sellers attorney,fully executed by the Buyer and with the down payment, within seven business days of the date sent to Buyer or same shall,at Sellers option,be deemed null and void and of no further force and effect.Seller shall deliver a fully executed Contract to Buyer within three (3) business days of receipt of ** 7.Escrow Agent,The parties herein agree that in the event of a dispute between the parties, the seller's attorney shall not be named as a party to any action,but instead may tender any sums held in escrow to the appropriate court having jurisdiction, once an action is commenced. 8. In the event there are items in the title report such as violations,judgments,liens,etc., which the sellers are unable to clear,then either party may terminate the contraot of sale,with the return of the purchaser's contract deposit. n. Execution in Counterparts: The parties agree that this Contract of Sale and Rider may be executed in counterparts. Rider X attached hereto. Seller: Buyer: *executed Contract from Buyer, or Purchaser may cancel and Seller shall refund or shall cause escrowee to refund Purchaser's downpayment. 2 [� IES' I %1E FEB 1 5 2017 26 of 68 SOUR O-0 Town Road!of trustees Rider X 10. Confidentiality: Each of the Sellers and their counsels shall keep the terns of this contract highly confidential and not disclose such terms, or the fact that this contract exists, other than as solely necessary to perform their obligations hereunder. The obligations of this paragraph shall survive closing. Sellers shall request the same confidentiality regarding this contract from their representatives and agents. 11. New York State Real Property Transfer Tax:Pursuant to Contract paragraph 17, Seller shall deliver at Closing a certified or official bank check or Attorney's Trust Account Check payable to the order of the New York State Department of Finance or the Purchaser's title company in payment of any New York State Real Property Transfer Tax due from Seller in connection with the transfer hereunder. 12. Maintenance of the Premises: The Seller agrees to maintain the grounds of the Premises in their present condition, and to have the lawn mowed when necessary, until Closing. Seller shall maintain the current hazard insurance on the Premises until Closing. 13. Driveway: Seller represents that, Seller has fee simple title, or a valid permanent easement, to every portion of the driveway(s)and utility lines serving the Premises, and that no utility lines serving other property cross the Premises. Seller shall not be required to expend more than One Thousand ($1,000.00)Dollars to satisfy this paragraph 13. I4. Disclosure Act: The parties acknowledge that Seller has declined to provide a Property Condition Disclosure Statement. As provided in Article 14 Sections 460-497 of the New York State Real Property Law, Purchaser shall be given a$500.00 credit at the Closing against the Purchase Price hereunder. 15. Mortgage Financing It is hereby agreed and understood that this contract is not subject to mortgage financing, however Purchaser may obtain mortgage financing, at their sole cost and expense. 16. Title Clearance: Schedule B (herein attached) of Purchaser's title report has identified paragraphs 16, 17 and 18. Sellers represent that these exceptions will be cleared prior to closing and within the time set forth for closing of title in this contract pursuant to Contract paragraph 15. Seller shall not be obligated to expend more than$20,000.00 to clear the exception to title listed as item 17 in Schedule B, and in the event that Seller is unable to remove such exception after having expended such amount,Paragraph 4 of the Rider shall apply. DE U01 EIE F E 0 1 5 2017 27 of 68 Southold Town Board f Trustees 17. 30 foot Strip of Land: The parties acknowledge that an approximate 30 foot wide (2 rods) strip of land runs along the east side of the premises from New Suffolk Avenue to Peconic Bay and contiguous with the premises herein on Schedule A. At or prior to Closing, each of the Sellers will provide to the Purchasers an individual Affidavit as to facts and circumstances supporting their vested adverse possession claim, and an individual Quitclaim Deed for the 30 foot Strip of Land,each of which shall be reasonably acceptable to Purchaser. 1$. Quiet Title Action: The Sellers agree to provide cooperation and assistance to the Purchasers in any undertaking by the Purchasers to pursue a Quiet Title Action,including, but not limited to,providing documentation to assist the Purchasers. This paragraph will survive the Closing of Title. Upon the date of the closing of this Contract of Sale, Sellers shall not be responsible for any further costs, fees,taxes, assessments, maintenance or expenses of any kind in connection with the land encompassing the 30 foot Strip of Land. Sellers: Buyers: ,A EEff. �I FEB 1 5 2017 s 2 SoufEu�lii"iovdn oar f Trustres 28 of 68 17. 30 foot Strip of Land: The parties acknowledge that an approximate 30 foot wide (2 rods) strip of land runs along the east side of the premises from New Suffolk Avenue to Peconic Bay and contiguous with the premises herein on Schedule A. At or prior to Closing, each of the Sellers will provide to the Purchasers an individual Affidavit as to facts and circumstances supporting their vested adverse possession claim, and an individual Quitclaim Deed for the 30 foot Strip of Land, each of which shall be reasonably acceptable to Purchaser. 18. Quiet Title Action: The Sellers agree to provide cooperation and assistance to the Purchasers in any undertaking by the Purchasers to pursue a Quiet Title Action, including, but not limited to,providing documentation to assist the Purchasers. This paragraph will survive the Closing of Title. Upon the date of the closing of this Contract of Sale, Sellers shall not be responsible for any further costs, fees,taxes, assessments, maintenance or expenses of any kind in connection with the land encompassing the 30 foot Strip of Land. Sellers: Buyers: i fjD E - V E FEB 1 5 2017 2 Sot,tho�d T��+�,n Board of Trustcos 29 of 68 IT 30 foot Strip of Land: The parties acknowledge that an approximate 30 foot wide (2 rods) strip of land runs along the east side of the premises from New Suffolk Avenue to Peconic Bay and contiguous with the premises herein on Schedule A. At or prior to Closing, each of the Sellers will provide to the Purchasers an individual Affidavit as to facts and circumstances supporting their vested adverse possession claim, and an individual Quitclaim Deed for the 30 foot Strip of Land,each of which shall be reasonably acceptable to Purchaser. 18. Quiet Title Action: The Sellers agree to provide cooperation and assistance to the Purchasers in any undertaking by the Purchasers to pursue a Quiet Title Action,including, but not limited to,providing documentation to assist the Purchasers. This paragraph will survive the Closing of Title. Upon the date of the closing of this Contract of Sale, Sellers shall not be responsible for any further costs, fees,taxes, assessments,maintenance or expenses of any kind in connection with the land encompassing the 30 foot Strip of Land. Sellers: Buyers: DD FEB 1 5 2017 2 Soufhcic;lover BoarBoarl of T stee 30 of 68 IT 30 foot Strip of Land: The parties acknowledge that an approximate 30 foot wide (2 rods) strip of land runs along the east side of the premises from New Suffolk Avenue to Peconic Bay and contiguous with the premises herein on Schedule A. At or prior to Closing, each of the Sellers will provide to the Purchasers an individual Affidavit as to facts and circumstances supporting their vested adverse possession claim, and an individual Quitclaim Deed for the 30 foot Strip of Land, each of which shall be reasonably acceptable to Purchaser. 18. Quiet Title Action: The Sellers agree to provide cooperation and assistance to the Purchasers in any undertaking by the Purchasers to pursue a Quiet Title Action, including, but not limited to,providing documentation to assist the Purchasers. This paragraph will survive the Closing of Title. Upon the date of the closing of this Contract of Sale, Sellers shall not be responsible for any further costs, fees, taxes, assessments,maintenance or expenses of any kind in connection with the land encompassing the 30 foot Strip of Land. Sellers: Buyers: FEB 1 5 2017 2 Southold Town ar of Trus ee 31 of 68 r p g tGxut[btut rxa 1 p�yy rl F�W".� Ag3""Y 3a}.x Cil `yy,".r _5y, i•'w.Vu`��.K.Ssrf +f.X7"N'"t ,• -rJ.:J+� rr`rye'T�iKj1 y:c,x eft tri a.1 �. r�i� 1JISPOSfrlAN SCHEDULE B(F'COP1101u) 12. FORORTGAGE POLI. ONI.y, has have been run , The Proposed mottpagor(s)Todd E.Heed and)~rill$ F, Webster (have) fbr udgmsuts and Federal Tax Liens of record for the sole purpose of the disposition of possible liens which may aff&ct any furti14 real prdPerty proceedings.No r`otuu7s were found of record, l 3. Proof is required that the ownerslptlrohasers hate 4ol been knowti by an y Other If he/she has been known by any other name,all searches must be amended and un afar the part tea years, title is subject to returns,lfany,on such amended searches, gall st such nuttio and 14. A copy of Cho Contract of Sale trust be submitted for consideration prior to closing, NOTE! When applicable, d n(Rcopy ProAerty Transti r Tax Return of the Contract Of 30C must be subtititted with the New York CePT)when the corysidoration is$400,000.00 or mote. ity}Z 15. Title is certified as found.Application Deborah Aur Kaminski. if there has states title is vested in the name vhald of Dbeen a change In owacrshi�by reason of any e, Obalase and Company must be notified,searches amended and title re-�oertifad aecorciin y matter,this 16. Under the last Will &Test�gnettt of 000r$e H Case, a prior Owner L ce nso in subject premises,said Inieresttrust be sat isFactoril d1 t1 1 Warta was,gaoled a right of then proof of death must be subpnitted to the Cotb y disposed of, If Luccfta Waite is now deeeaset, in Suffolk County for Lucetta W pany Prior to closing(Note;No estate proceedings a4c).(Affects Patcel A) P Found 17. Under the last Will & Testament of Russell 13, Case, prior owner, Laura Donnison afaro and Lyng C a Dennison Schulman were granted a fight of oecupkney in the cottage !beefed h1tetest must be satisfactorily disposed of.(Affects Pqul A) on gubjcct premises, said IS- Proof of payment of New York Estate taxes for tho Estste of Nelen E, Cas 10/31/2001,is required. Such proof affidavitthat said e include either shall inclther an estate closing letter,release of lien or a detailed e,a prior owner who died on f state estate taxes.(Af facts Parcel B) 19, Proof is required }hal the owner has received no n0tl0c of any Pending improvements or for charges pending or due for the cost ofone'sments for capital' street or sidewalk sewers. g the rcruises p to public 20. Current bills or receipts for water and sewer charges to be presented at clos1hg, 21. NOTE: Please be advised that as of 3/1199 in Southold Township and as HalIMEOa, Shelter Island and Riverhead Townships, a Pecouie a y Regioof n Col/99 in Southham to Transfer lrax return must be filed in connection with an rtirnUni P }vast transfer tax may be due. Y conveyance of real Property e ty Preservation Fund P P rty and an additional 22. Proof Is required that the person(s) executing the closing instruments is (ale) the$ame person(s) as the ggantce(s)in the deed recorded in Liber 12106 Cp. l Og. SCNPDlnsB(Excapriorls) D E E � %Vff LEM F E B 1 5 2017 Southold Town 32 of 68 Bard of Trustees A"OKi1'S0..CaE'S tB.IiY-STIZ,,,t CT1 1,4C. Agent for Stewart Title RmliurajaCe Comnp..y Iwic 29,2017 SCHEDULE A (Description) PARCEL A(P!O/LOT 12) ALL that certain plot,piece or parcel of land, situate, lying and being in the Hamlet of Cutchogue,Town of Southold,County of Suffolk and State of New York,and as described as follows: A parcel of fond 115 feet wide by 300 feet deep more or less; bounded on the North by New Suffolk Avenue, East now or formerly by Carruthers, South by the Great Peconic Bay, and west now or formerly by Plimpton. FOR INFORMATION ONLY; NOT FOR POLICY: Being and intended to in Liber 12106 Cp. 108. be die same premises described in deed recorded 4 FEB 1 5 2017 Soufliold lotivn Rnird of Trustee 33 of 68 nD E 0 E n F E B 1 5 2017 L- --I Sauthoid Town- Board of Trustees EXHIBIT C 34 of 68 June 12, 2012 Patricia,Moore,Esq,. 51020,Main Rd; S0utliolcl;:NY"1197T Atte;Patricia, Dear Patricia: An In'quirrhas been,requested°for"proper;,ty known as 2dQ0,;N yy Suffo/k Avenue:Cufchogue NYAs to tlie;freer own6,ship. Mter,researchlng-the,r Ords.,ofthe-SuffQlk,Courify,ClerksC?ffice, #hese, are,the t<nd ng0or said property'. F. Case 1 e subfctjpremises,and.surro�►r7ding�propey:was"acqulreal.by!Vane n,4869.,Nancy-F,Case died'In, X869 fe vin a gl.Georgo A Lase and Wickham.case,her sons; alhReal..Estate.tb be divided"egualiy lietyveen them, In 1897,.George hl. Case and.Wickham"Caseydivided the property of!Nancy F. Case among themselves: The easterly"boundary line running from the highway to Peconic Bay, 117190f,Wickham Case leased parcel of land to,Robert F Day and Beverly S. King. The.description for this lease"is"as follows. North,,by the highway running.from the. village of New,Suffolk to the village of M'attituck. Easterly by other lands of Wickham,Case. Southerly,,by. Peconic May and Westerly,by other lands of Wickham Case, The,Westerlyline,to,be two rods; estimating,33 feet total, ea*terly from and parallel to the-easterly,line of land,of George H. Case, The rod'�description establishes the boundary line,of George H. Case and Wickham Case, which is.a'two-rod strip of land running from the road to.Peconic Bay. Wickham°Case died" 9931, bequeathing to his three children"Oliver W., Clifford T and Ruth-B,, the strip of land'descrik'ed'asbounded on the,north by road leading"from M,attituck"to New Suffolk, also known as New Suffolk Avenue, on the=east-of land,now orformerly, OfBeverl 'Kin on the south-by Peconic Bay and-on, the,west by-lan'd,ci Geofge H. Case along with.numerous FEB 1 5 2017 35 of 68 other parceC of land;,notable.propertydirecflynorth of 12400 New Suffolk Avenue, Cutchogue, In,1932; Oliver-W.. Case,,,Cliffor4I 'Case and•Ruth B. Case convey a parcel of land'd f the north,sido of the NewSuffolkAvenue,Together with a free and unobstructed use in.�cornmon,with,other�oWners�ofa,!right,of way for passago on ft Mnd,with-,V�ehick§,over,a certain two.rods;jn,-,' I running from°New-:SuffolkA*venue,,in„a�sou#horly,airection.fo.Peconic Bay Said right of way boundeO on;th,e',north-;by N w,Suffo1kAvenue;;on the east by-land of Beverly`King,.�on fhe,South.by-Pegonic Bay:an,d onIhe wQSOy-land oftlte estate of deorge ` H.',Case. In 1952'an agreem '•ent'was recarded to:rnodify.the said-right of way,•by limiting tfhe.4 e.thereof`fo passage,on-.foof:and deleting ihere.;from'th,o wmrds "end.W!th-,vehicI0s` George H:,Case died`iti l,,932;:bequeathing}'WI Property, on.Gra t 'Pecohic: There are no deeds of record conveying out-the two-rod strip (right of way) from Cllfford T. Case, Corinne B. Case and/or Ruth B. Case, That no,conveyance,being,made by°the above, ownership of said strip of�land remalns:as,1/3,each for Clifford T. Case, Corinne B, Case and'Ruth B. Case;. ;Clifford T Case-died�on.january3, 195'6leavingMarion'T Casehis entire•estate. Marion T Case died°on April-,30i 9958 leaving all,rest, residue ancf remainder-of;h•er-estafe'to•her.,ohildren; ,C-Iifford�T. Case,Jr, Katherine R. Case and David`T.'Case, There is no;proof Qf. death•fQ'r the-above three,children filed, witlt�Suffolk:Coun tySurrogafes,Court; Corinne.B. :CaseDled.`on,..My4v4950,46avingall,rest, residue,and remainder of her estaf to;-Variley Grahman..Qase, her son, Stanley Graham Case'die on May,8, '99.7s'teaving pil.rest, residue and remainder of his estate tb his,wife Helen 6; Case..He1en �B: Case died;on Q`ctober 31, 2009;leaving all rest, residue,and•remainder to`her children•Nancy B: Marschean, Margery B. Brem,,Barbara J. Martin and 8rnest W Case: There:is no,proofof death.for the, above chifdron>filed.With the.Suffolk County Surrogates Court; Ruth.B. Case:died,on May 25;J971 leaving all rest residue:and retrtair7der, of.•l�er:estate::#o: 1/5-to,Katherin.e R.,Case=No-Proof of Doath 2:) f/Yto;St We G; 'Case See Belbw Cllffard'T.,.Case Sl:-1Vo Proof of Death 4;).9/5.to David,:T`Case<SA,,-No-Proof'of.Death 5,), %9Q to Alice W: Groome-,IVol Proof of ?eath 6.) 1110 Elaine Weber Whitted-No Proof of Death Stanley G. Case.died on May,8; 1976:leaving.all rest, residue and reminder to his wife,Helen;B. 'Case. Helen B. Case died on October 31, 2001 as mentioned above, There may be many more heirs who are not accounted for and a bar claire action may be�necessary to quiet title. w Very truly yours, EC E'5I � � Stephen PSpanburgh D '] FEB 1 20 T B T 37 of 68 E "ul E V E D F E B 1 5 2017 D Southoli-Town -Board of Trusteg - EXHIBIT D 38 of 68 $tqphan p spE "gb P'l AESTMACT AU-C,941gy A-,bsft—ct,, 97 Owed Avo gue, Moral ftrk.N-Y, i too i (5,16)352-73-'53 fax 77.5-10$6 PJ"Co 4X Shv,enth,Ay=u* JulylD, 101,2 Sditc 2,04 NtAWY-o4k,NY i lag CuTchnue,NV venue Please be advised dial ttlig office has Seardled the y r" 1,45 C)t*' '-s�Of FICO fir the last owner of'o R.-ight of Wj% . , willoh Irwasupes about 30 Jutaica at MW-Stirfolk.-venae,,Catobogue. dged"Voutdo-d in L Lbor 453 Pago js3,.qqO vnL,COMOYM,b� O' curpt-L to Wick&M—Cmodied otr'DW3,-Ja,93.sarcc j, -ptr$ujfoj�C The LU-t W,-Ift Y0814 find WiQftil OAS- h-li CAM Ctiff, T.(,, `We.,044. Cosa., Olivgr W.Can:d'cda ot ord Muth B CLR/2Wl946#as per Stif County Sug"Ogre's me On "Cotament of Oliver Case Ift W. yes hi� his Casa. le-,> '"iduary mute to VU StOolk-Couil W-111 lmd-Vo Ty �41 MIC Itis-Mfr,,Kaft"On T.Came. iVAj,*IlMvOs'his'-!ps�wUULy Osrge Ruth 8C'a$e'�Od on US Per Suffolk Covile>;tumatxi af3�uth B.Case ty C�O 1134P,4-'9711. r-ila fuFlvvyst 'ff) 14-5 toKathwi6 R. Came Adwy c&mtc 33 1110 h)AU4 W.()rOk)trtO 1/4-0 to 2,1111ac W,�her itted d) IIS Lc,) E E F E B 1 5 2017 Sou"hold Town 39 of 68 Board of Trustee Jul r 12 stqphen, P .51-1 jrgh 41- '�,440 6: 87- 708 p.2 OWSIOR '00:b Ste*-HiM rvv4ivva OVIRM 04.1.14TH ILL C'MU, OSTIA= 15167751956 n,03 I�Sario�T. Is tie sAlc f) to ba of ttrze ,Ctsa,Marion'T,Case,Xatbe4Ae R.Case,Allm W'jbrvojnrj SjajRa 'U bb Im 4W-L spt�qy r-,Cuiv.at1d Z)fjv ti'1".Qqo. at your lcg&3t '44 bw to'cont�sct tr1j., V Mwthiaw3jj*L' pzuy I V E ID FEB 5 2017 1 L L' Southold Torn Board of Trustees 40 of 68 17 F'FEG 1 5 20 ar'of Tr Stec EXHIBIT E 41 of 68 4 1611II1 Illi 6illl illi Illi I[ I�1111116111 ILII IIII lIli E Erlf iEIEIE (If��EEII f�lE SUFFOLK COUNTY CLERK RECORDS OFFICQ° RECORDING PAGE Type of Instrument: DEED dumber of Pages: 5 Recorded: 01/22/2013 Rec®ipt Number : 13-0005390 At: 04;09;46 PH TRMSFER TAX NUMER: 12-13759 LIBER: D00012718 District: Section: Block: PAGE: 263 1000 116.00 06.00 Lot: Olt.001 �D AND CHARGED AS FOLLOWS Deem Amount: $0.00 Received the Following Fees For JUbOve Instrument Exempt Exempt Page/Filing $25. 00 NO Handling COE $5. 00 NO NYS SRCHG $20.00 NO EA-CTY $5. 00 Wo EA-STATE $15.00 NO TP-564 $5.00 NO Notation $125.00 NO Cert.Copies $0.00 NO $0.00 NO RPT Transfer tax $0.00 NO Comm.Pres $120.00 NO $0.00 NO TRANSFER 'TAX NM-MER: 12-13759 Fees Paid $320.00 THIS PAGE IS A PART OF THE INsTRUMin THIS IS NOT A SILL aUDITH A. PASS ALE County Clerk, Suffolk County Q C LFEB 15FEB 1 5 2017 Southo(r�Town Boartl of 1Tustee 42 of 68 a 1 Number of pages RECORDED 2013 Jan 22 04:09:46 PPI JUDITH R. PRSCRLE This document will be public CLERK OF ' record,Please remove all SUFFOLK MUM Social Security Plumbers L D0o Wle prior to reoording. P 260 DTd 12-!3759 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Rcco !Filing Stamps 3 FFF S Page/Fiting Fee aV Mattgage Amt. _ Handling 20. 00 I. Basic Tax- 2.Additional Tax _ 77-594 151Sub Total Notation SpecJAssit. J i EA-52 17(County) Sub Total or Spec./Add, _ EA-5217(State) ,• TOT.MTG.TALC _ R.P.TS.A, Ia� Dual Town Dual County_, Held for Appointment Comm.of Ed 5. OD Transfer Tax Affidavit ` Mansion Tax _ Certified Copy The pmparty covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 �" Sub Total famay dwelling only. Other YES or NO Grand Total Q D X NO,see appropriate tax clause on Page of this instrument. ioydia Dist. 13002265 1000 11600 0600 olzool 5 Community Preservation pfd P T S 1000 11600 0600 012002 �� Real Pmpertyi Tax Service BLJAN-tA Consideration Amount$ Agency CPP Tax Due $ -Ps" VetificaGon l i � Satisfactions/DischatgeslReleases hist property Owners Njaility8 Address Proved C7R RECORD&RETN/'P�D: Vacant Land TD TD 7S J%NcL /J y /I/ �� T-D ---,� 7M.all to:Judith A. Pascale,Suffolk County Clerk 7 TYtl310 Center Drive,Riverhead, NY 119Q1 hfa�www,suffolkoountynygoviderk J`t^9r6S �W'f'Title . >fl - v't%aS S olk Cour 1enc®re & End�®B'sement This page forms part of the attached I ,— (SPECIFY TYPE OF INSTRUMENZ� made by: The Premises herein is si 1 " t4 lusted in e_l �7 LZ tr SUFFOLK COUNTY,NEW YORK. In the TOWN of �vT.S'oc J I If �� fi in the VII-LAGE F F E B 1 5 2017 or HAMLET of BOM6 THRU S MIDST BE TYPED OR PRIIdTF_U IN BLACK INIC ONLY PRIOR TO u-010"01! RECORDING OR FUMG. $UUtIlUiO IDVVf1 (over} 6 ar f T-,4- 43 of 68 THIS INDENTURE,made the 19 day of 2012 BETWEEN LAURIE DENNISON CAFARO,residing at 14 Placid Road,Carmel,NY 10512 party of the first part,and Jeannette Case,as survivor of Donald Case,Deceased,residing at 131 80 Oakmount Drive,Apartment 1,Fort Myers,FL 33907,Donald G.Case,residing at 2143 Morrison Court, Orlando FL,Deborah Ann Case f/n/a Deborah Ann Kaminski,residing at S.W.First Avenue, Cape Coral FL 33914,and David R Case,residing at 1602 Sable Sands Court,Sanibel,'FL 33957, party of the second part, V41TNESSETH,that the party of the first part,in consideration of ten dollars paid by the party of the second part,does hereby remise,release and quitclaim 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 Description attached hereto which is incorporated by reference as though set forth in full. SUBJECT TO all easements,rights of way and protective covenants of record,if any. Being the same premises which was conveyed to Donald Case,Donald G. Case,Deborah Ann Kazninsld and David R. Case,as tenants in common by Deed dated December 1,2000,recorded March 7,2001,in Liber 12106 Cp. 108. Being the same premises known as and by number 12400 New Suffolk Avenue,Cutchogue,NY, TOGETHER with all right;title and interest,ifany of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof,TOGETHER with the appurtenanees and all the estate and rights of the party of the fust 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. ARID the party of the fust 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. The word"party"shalt be construed as if it read"parties"whenever the sense of the indenture so requires. IQoIWITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written, IN PRESENCE OF: n DOD 'a� jJjj as FEB 1 5 2017 Southold Torun Board of Trusteei 44 of 68' __ - 1 ACKNOWLEDGMENT STATE OF NEW YORK ) COUNTY OF N�ce M ) Ss.: On the_ l L day of — - in the Year l to before me,the undersigned, Personally appeared Laurie Dennison Cafaro,personally known to me or proved to me on the basis of satisfactory evidence to be the individuals)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that helshelthey executed the sante in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument NOTARY PLOW, STATE WW YM 2individual 81 store d Of$ce of taking ,�JUNE 5,�4 This ac owledgment DEED Laurie Dennison Cafaro Section 116.00 Case Block 06.00 CLot 012.000 County: Suffolk RECORD AND RETURN TO: FFEB 1 5 2017 } Southoitl lawn B and of Trustee 45 of 68 Y i i Title No.ADA-2455-S SC RULE A-DESCTt1FTg®N i i Parcel l ALL that certain plot,piece or parcel of land,situate,lying and being in the Hamlet of Cutchogue, Town of Southold,County of Suffolk and State of New York,being more particularly bounded and i described as follows: 13EGR\MNG at a point on the northerly side of New Suffolk Avenue at the intersection of the northwesterly corner of the subject premises and the northeasterly comer of premises now or formerly of The Plimpton Family LLC; THENCE along the northerly side ofNew Suffolk Avenue South 76 degrees 58 minutes 20 seconds ! East 115.75 feet to land now or formerly of Carruthers; THENCE South 13 degrees 01 minute 40 seconds West 444.51 feet to the mean high water line of Great Peconic Bay, i THENCE along the mean high water line of Great Peconic Bay North 68 degrees 42 minutes 01 second West 117,11 feet to land now or formerly of The PIimpton Family LLC; THENCE along said land North 13 degrees 02 minutes 50 seconds East 427.66 feet to the northerly i side of New Suffolk Avenue at the point or place of BEGINNING. Barcel 2 i i ALL that certain plot,pi dcce or parcel of land,situate,lying and being in the Hamlet of Cutchogue, Town of Southold,County of Suffolk and State of New York,being more particularly bounded and - -,described as-follows:- __. •.._... _•-•_- _ _ __. _. _... BEGWNING`at a monument on the northerly side of New Suffolk Avenue at the northeasterly comer of the premises described.herein and the northwesterly corner ofthe premises now or formerly of Shawn and Nicole Fitzgerald; i j - I j ' THENCE South 13 de green 01 minute 40 seconds West 449.31 feet to the mean high water line of Great Peconic Bay; THENCE along the mean high water line of Great Peconic Bay North 68 de second West 33.35 feet; grecs 42 minutes O1 continued .......... D EC E i ]D �D FEB 1 5 2017 L SoUt oirl town 46 of 68 B r fru t o r � I � II i Title No.,ADA-2455-S Schedule A-description page-2- THENCE North 13 degrees 01 minutes 40 seconds East 444.51 feet to the northerly side of New Suffolk Avenue; THENCE along the aortherly side of New Suffolk Avenue South 76 degrees 58 minutes 20 seconds East 33.00 feet to a monument and the point or place of BEGINNING. i i r i r i FOR CONVEYANCING ONLYi Together with allright,tide and interest of,in and to any streets and roads abtxttfng the above described premises,to the eeater,ifae thereat. r i FRR CE-1I V FF 1 5 2017 Souffiola Town 47 of 68 r o Trust e D . CEIVE FEB 1 5 2017 1 DD Southold fawn Board of Trustee EXHIBIT F 48 of 68 i I�lll(Ifll((1 . Ill Illll 11(1111111 1(111 VIII((il I Il(I II ! 1lllllllflll�(I(f1111.1111 • SUFFOLK COUNTY CLEM RECORDS OFFICE RECORDING PAGE Type of instrument: DEED Recorded: 01/22/2013 Number of Pages: 5 At: 04:09:46 PMReceipt Number : 13-0008390 TRANSFER TAX N IMBER: 12-13760 MISER: D00012718 District: PAGE: 2 64 section; Block: Lot: 1.000 116.00 06.00 � AM CHARGED AS FOLLOWS 012.001 Deed Amount: $0.00 Deceived the Following Fees For Above Instrument Page/Filing $25.00 Exempt Exempt COL Handling $20.00 NO EA-CTY $5.00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO EA-STATE $125.00 NO $5.00 NO Notation $0.00 NO Cert.Copiea $0. 00 NO RPT Transfer tax $0.00 140 Comm.Pres $120.00$0. 00 NO Fees Paid O TRANSFER TAX MaMR: .12-13760 $320.00 THIS PAGE TS A PART OF THF INSTRUAMrNT THIS IS NOT A BILL T7l'TDITH A. PASCAU County Clerk., Suffolk County IM 'aaDID 49 of 68 • 1 2 Numbt:r of es RECORDED 2013 Jan 22 04:09-.46 P11 JUDITH R, PRSCFU This document will be public 0-M OF record, Please remove all SWFD>x CM Social Security Numbers U M12718 P 264 prior to recording. DT# 12-13760 Deed/Mortgago Instrument Deed/Mortgage Tax Stamp R g/Filing Stamps 3 FEES Page/Filing Fee c?J O Mortgage Amt, 1. Basic Tax- Handling 20. 00 2,Additional Tax TP-584 Sub Total Notation SpecJAsWt, or FA-52 I7(Courtly)_ Sub Total Spec./Add. _ £A-5217(State) a TOT.MTG.TAX _ R•P.T.S.A. _ 1 Dual Town Dual County— Comm.of Ed. 51 00 Held for Appointment Transfer Tax rC Affidavit � Mansion Tax Certified Copy T The property covered by this mo -Z or'will be improved by a one or two NYS Surcharge 15, 00 1p s family dwelling only, Sub Total Other YEC or NO •_ Grand Total If NO,see appropriate tax clause on / pageA of this instrument 3 b Dist'. 13002268 1000 11600 0600 012001 5, Cos>smt�aity Pnaaervatioa[+ PTS 1000 1.600 0600 012002 / 0 Tax Srsvr ZIP 'A Consideration Amount$ ^�} Agency 18.iMt t Verification CPF Tax Due $ 6 SatisfactionsMimbuges/Releasas List Ptopecty Owners Maftg Address Improved RECORD &RETM TO, /-_ Vacant Land 7�,�T2/G�iP C�.�i `/OOP- f_ S�• TD /Q Si0 go /"'/t'9 n1 r• TD o 0711or- TD Maill t0;Judith A. Pascale, Suffolk County Cleric 7 tle COMIDartV D40rmation 390 Center Drive, Riverhead, NY 11901 Ca Nam e , � � 6S—re c7. www-suff0lkc0untymygovfGjerk Title# d>f Suffolk County Recording & Endorsement Pyge Tlric page forma pant of the atrached t x"- _ (SPECIFY TYPE OF 1N§jUMWI� "y-. The premisrs 4eas:in is nitrated in LJ E �> fUU SUFFOLK COUNTY,MW YOU, m y In the TOWN of p 7,yOc In tbo VU.LAGB F E B 1 5 2017 6 THRU ffi MUST B ]3Qor HAMIof � XES E TYPID OR PRINTED IN SLACK INK ONLY PRIOR TO RECORDING OR F1t.II•IO. Sa:ltilelt; fe4Y11 (over) Board of Trustees 50 of 68 THIS INDENTURE,made the 7 day of 2013 BETWEEN Jeannette D. Case, as TRUSTEE of a Trust created by Donald H. Case,Deceased,dated July 19,2001, residing at 13I90 Oalanount Drive,Apartment ], Fort Myers,FL 33907, ,party of the first part,and TodAreed and Edith Webster-Freed, as' jllL residing at 1200 Fifa Avenue,Apartment 9A,New York NY 10029 party of the second part, WIITNE'SSE'1{71,that the party of the first part,in consideration of ten 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 description attached hereto) Being the same premises which was conveyed to Donald Case,Donald G.Case,Deborah Ann Kaminski and David R. Case,as tenants in common by Deed dated December 1,2000,recorded March 7,2001, in Liber 12106 Cp. 108. " 51 rn4,(f4m C,LL5� Being the same premises known as and by number 12400 New Suif'olk Avenue,Cutchogue,NY, TOGETHER with all right,title and interest;if any of the party of the fast part in and to any streets and toadsabutting the above described premises to the center lines thereof;TOGETHER 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 I3 of the Lien Law,covenants that the party the first part will receive the consideration for this conveyance and will hold the right to receive such of 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 the indenture so requires. above writers EREOF,the party of the first part has duly executed this deed the day and year fust � rtz ...................... D ail_ctrz i i FEB 1 5 2017 51 of 68 Southold Lown r of Tr stee IN PRESENCE OF: J ette D. Case,Trustee ACKNOWLEDGMENT State Of Florida ) County Of l��'' Ss.: On the _day of Aruq Q in the year�ZAl,j before me,the undersigned, personally appeared Jeannette Case personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed,to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s),or the Person upon behalf of which the individual(s)acted,executed the i individual made such appearance before the undersigned in nstrument,and that such Lee,State of Florida , -`ii �County of rSliture and Offrce di ual takingowledgm This acknowledgment SHANNON J.JAMSON NOTARY PLMUC 4sTATE OFFLCRIDA BARGAIN AND SALE DEEDCommit EE EvIms t272094 Jeannettc D. Case,as Trustee to Sec: 116.00 Block: 06.00 Freed Lot: 012.00 County. Suffolk State Of New York RECORD AND RETURN TO: DD FEB 1 5 2017 I 52 of 68 Southold Town 6ard of Trustees Title No. ADA-2455-5 SCHEDULE A-DESCCRIPT70N Parcell ' ALL that certain plot,piece or parcel of land,situate, lying and being in the Hamlet of Cutchogue, Town of Southold,County 'of Suffolk and State of New York,being more particularly bounded and described-as follows: BEGINNING at a point on the northerly side of New Suffolk Avenue at the intersection of the northwesterly comer of the subject premises and the northeasterly comer of premises now or formerly of The Plimpton Family LLC; THENCE along the northerly side of New Suffolk Avenue South 76 degrees 58 minutes 20 seconds East 115.75 feet-to land now or formerly of Carruthers; THENCE South 13 degrees 01 minute 40 seconds West 444.51 feet to the mean high water line of Great Pecouic Bay; THENCE along the mean high water line of Great Peconic Bay North 68 degrees 42 minutes 01 second West 117,11 feet to land now or formerly of The Plimpton Family LLC; THENCE along said land North 13 degrees 02 minutes 50 seconds East 427.66 feet to the northerly side of New Suffolk Avenue at the point or place of BEGINNING. Pame12 ALL that certain plot,piece or parcel of land,situate, lying and being in the Hamlet of Cutchogue, Town of Southold,County of Suffolk and State of Mew York,being more particularly bounded and described-as-follows: BEGINNIIdG at a monument on the northerly side of New Suffolk Avenue at•the northeasterly comer of the premises described herein and the northwesterly corner ofthe premises now or formerly of Shawn and Nicole Fitzgerald; THENCE South 13 degrees 01 minute 40 seconds West 449.31 feet to the mean high water line of Great Peconic Bay; THENCE along the mean high water line of Great Peconic Bay North 68 degrees 42 minutes 01 second West 33.35 feet; continued.......... DE F E B 1 5 2017 53 of 68 Sourhaltl Torn o Trus e i Title No.ADA-2455-S Schedule A-description Page-2- THENCE North 13 degrees 01 minutes 40 seconds East 444.51 feet to the northerly side of New Suffolk Avenue; THENCE along the northerly side of New Suffolk Avenue South 76 degrees 58 minutes 20 seconds East 33.00 feet to a monument and the point or place of BEGINNING, FOR CONVEYANCING ONLY;Together with an right,title and Interest ef,in and to nor streets and roads abutting the above described premises,to the center Une thereof, E FEB 1 5 2017 ID 54 of 68 B a of Trustee lir F E B 1 5 2017 1 EXHIBIT G Board of Trustees 55 of 68 I IIIIIII I{II IEIII Nlf IIIII CCIII IIN IILII lCllf CIII Ill I II[I1111111111111II ILEI - SUFFOLK COUNTY CLQ RECORDS OFFICE RECORDING PAGE Type of Instrument,: DEED Recorded: 01/22/2013 Number of• Pages: 5 At: 04:09:46 PH Receipt Number : 13-0006390 TRhXSFER TAX NUMBER: 12-13761 LIBER: D00012718 District: Section: Block: PAGE: Lot: 265 1000 116.00 06.00 012,001 EXAMINED AND CHARGPD AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $25.00 NO Handling COE $5.00 NO NYS SRCHG $20.00 NO EA-CTI° $5.00 NO EA-STATE $15 ,00 No TP-584 $5.00 NO Notation $125.00 NO Cer't.Copies $0.00 NO Transfer tax $0.00 NO RPT $120.00 NO $0. 00 No Comae.Pres $0.00 NO 't'RI�NSFE12 TAX Fees Paid $320.00 NUMBER: 12-13761 THIS PAGE IS A PART OF THE INSTRp&NT THIS I3 NOT A'PILL JUDITH A. PASCALE County Clerk, Suffolk County Q � :. `t f VP DiD FEB 1 5 2017 �a � Sout;iafci lu�ar ar of Tru tee 56 of 68 Number of pages / RECORDED 2013 Jan 22 04;09:46 PN JWITH Q. KSCRLE This document will be public CLERK OF- record. f-record.Please remove all SffDLK COLWY Social Security Numbers L DOW12718 P 265 prior to recording. DTH 12-13761 Deed/Mortgage Instrument Deed/Mortgage 7hx Stamp Recorciins/Filing 5taraps 3 FM Page/Filing Fee Ir910 Mortgage Amt, Handling 1. Basic Tax _ 20. 00 2.Additiatal Tax _ TP-584 Sub Total Notation SpecJAsslt. h E or A-52 17(County) ✓_ Sub Total Spec./Add. EA-5217(State) •. TOT.MTG.TAX R.P.T.S.A. Dual Town Dual County Comm.of Fd. 5. 00 held forAppoiutment Transfer Tax 8 _ Affidavit ` Mansion Tax _ Certified Copy The Party coveted by this m "'— r or will be improved by a �� NYS Surcharge t5, OD a l0f family dwelling only. �(��/►►// Sub Total Other YES or NO Grand Total_ hoc 0 1 If NO,see appropriate tax clause oa Page of this instrument. Dist, 13002269 1000 13-600 0600 012002 5 Cemmnaity Preservation Fund P T S 1000 11600 0600 012002 Realcrvic / •�S Rt.PA A �a Consideration Amount$ "8 Agcy Ott.lAN 1 Verificado CFF Tax Due S 6 5tttisfaactionsschatgos/Releases List Property Owners MailingAddress ImprovC— RECORD J&RLIMRN TO: Vacant Lead 2/C/if OOi s�' '1D /l� Sio ao , 7D TD ` Mall to:Judith A.Pascale,Suffolk County Clerk 7 Titip rOfld an L�forma 'oa 310 Center Drive, Riverhead,NY 11,901 www suffolkcaun"y g0vlclerk Co.Name ' CLS--417- Title# 19>f • C9455- This page forms part of the attached (SPEWY7YPB OFINSTRLIMEN7) made by: 56 Thr promises horeia is situated in SUFFOLK COUNTY,NEW YORK, TO Ia the TOWN of �U7yoc Fn i:� � � �I �� t� �'�� In the Va AM or HAMLET of BOXES 6 THRU!l MUSE BE TYPED OR PRWTEt)IN BLACK INK ONLY PRIOR To RECoRDMG OR FII ING. F E B 1 5 2017 Wm�cmm `ova' LtBoard 0 ITI,s ns 57 of 68 5A- FxD. ` TMS]fN DENTUR*F,,made the day of J4VUA 2013 BETWEEN Jeannette Case,as survivor of Donald Case,Deceased and Ancillary Executrix of the Estate of Donald H.Case,Deceased,residing at 13180 Oakmount Drive,Apartment 1,Fort Myers,FL 33907,as Executrix of the Last Will and Testament of Donald H. Case awa Donald Case,late of Orlando,Florida, who died on the 7u'day of November,2012, Party of the First Part,and Todd Freed and Edith Webster-Freed, asietnt tun ts widrTtghn �`Fr residing at 1200 Fifth Avenue,Apartment 9A,New York NY 10029 party of the second part, WITNESSETH,That whereas letters testamentary were issued to the party of the fust part by the Surrogate's Court Suffolk County,New York on December 19,20I3,and by virtue of the power and authority given in,and by said last will and testament and/or by Article 11 of the Estates,Powers and'Trusts Law,and in consideration of ten dollars paid by the party of the second pati,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the parry 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 Description attached hereto which is incorporated by reference as though set forth in full. SUBJECT TO all easements,rights,of way and protective covenants of record, if any. Being the same premises which was conveyed to Donald Case,Donald G.Case,Deborah Ann Kaminski and David R Case,as tenants in common by Deed dated December 1,2000,recorded March 7,2001,in Liber I2106 Cp, 108. Being the same premises known as and by number 12400 New Suffolk Avenue,Cutehogue,NY. 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,,TOGETHER with the appurtenances and all the estate and rights of the party of the first part has or has wer to convey or dispose of,whether individually,or by virtue of said wil l or otherwise;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 fust part has not done or suffered anything whereby the said premises have been encumbered in any way p whatever,excet as aforesaid. AND Subject to the trust fund provisions of Section 13 of the Lien Law. The word"party,shall be construed as if it read "pies"whenever the sense of the indenture so requires. IN WITNESS WHEREOF,the party of the fust part has duly executed this deed the day and year first above written. 7�__i 1758 of 68 —-- `� IN PRESENCE OF: Q%yLeL,l� C� iar►nette Cast,Ancillary Executrix Estate of Donald H.Case,deceased ACKNOWLEDGNIENT State Of Florida County Of ,L�' } Ss.: On the —�-rH day of 4 MO.4 2 in the year �►3 personally appeared Jeannette Y Before me,the undersigned, __._____C-se personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that-he/she/they executed the same in Ms/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s),or the Person upon behalf of which the individual(s)acted,executed the instrument,and that such of individual�..��merle such appearance before the undersigned in ,- ,,c,� County State of�o 0,4� > Signature Office o t di taking This acknowledgment SKM 4 JAMSM NOTARY Pusuc DEED STATE OF FLORJDA . oanm#EE033 s E)pires 1Z7=14 Case to Section 116.00 Block 06.00 Freed Lot 012.000 County: Suffolk I RECORD AND RETURN TO: y D L FEB 15 2017 Southold Town Board o lrusfiea 59 of 68 Tide leo.ADA-2455•S SCHEDULE A,-HDESCR]1F'I' ON garcel.l ALL that certain plot,piece or parcel of land,situate,lying and being in the Hamlet of Cutchogue, Town of Southold,County of Suffolk and State of New York,being more particularly bounded and described-as follows; BEGINNING at a point on the northerly side of New Suffolk Avenue.at the intersection of the northwesterly corner of the subject premises and the northeasterly corner of premises now or formerly of The Plimpton Family LLC; THENCE along the northerly side of New Suffolk Avenue South 76 degrees 58 minutes 20 seconds East 115.75 feet to land now or formerly of Carruthers; THENCE South 13 degrees 01 minute 40 seconds West 444.51 feet to the mean high water line of Great Peconic Bay; THENCE along the mean high water line of Great Peconic Bay North 68 degrees 42 minutes 01 second West 117.11 feet to land now or formerly of The Plimpton Family LLC; THENCE along said land North 13 degrees 02 minutes 50 seconds East 427.66 feet to the northerly side of New Suffolk Avenue at the point or place of BEGINNING. Parcel l ALL that certain plot,piece or parcel of land,situate,lying and being in the Hamlet of Cutchogue, Town of Southold,County of Suffolk and State ofNew York,beingmare particularly bounded and described-as follows: BBOMI SIG at a monument on the northerly side of New Suffolk Avenue at'the northeasterly comer of the premises described herein and the northwesterly comer of the premises now or formerly of Shawn and Nicole Fitzgerald; THENCE South 13 degrees 01 minute 40 seconds West 449.31 feet to the mean high water line of Great Peconic Bay; TRICE along the mean high water line of Great Peconic Bay North 68 degrees 42 minutes 01 second West 3 3.3 5 feet; - — continued.......... d 4 Y -FEB 1 5 2017 Board of,Trustee 60 of 68 Title No.ADA-2455-S Schedule A-description Page-2- THENCE North 13 degrees 01 minutes 40 seconds East 444.51 feet to the northerly side of New Suffolk Avenue; THENCE along the northerly side ofNew Suffolk avenue South 76 degrees 58 minutes 20 seconds Fast 33.00 feet to a monument and the point or place of BEGYNING. t � ' FOR CONVEYANCING ONLY,Together with all eight,title and interest 4 in and to any sbuts and roads abutting the above described premises,to the center line tbereof, IDUVE FEB 1 5 2017 Southold,Town Board of 7rustoe 61 of 68 v �[ EXHIBIT H 62 of 68 d 1 Pll[iil �P[11[[P 1111111[1[[[Il i[IIl[Ilii[1111 ilii illl IIIIIIIIIDIIIIIIIIIII . SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 01/22/2013 Plumber of pages: 4 At: 04:09:46 PH Receipt Number : 13-0008390 TRANSFER TAX NUMBER: 12-137,63 FIBER: D00012718 District: Section: Block: PAGE: 267 1000Lot: 115100 061.00 012.002 EXAbIINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Alcove Instrument Exempt Exempt Page/Filing $20.00 NO Handlz:ng COE $5.00 NO NYS SRCHG $20.00 PTO EA-CTY $5.00 NO EA-STATE $15.00 NO TP-584 $5.00 NO $250.00 NO Notation $0,00 NO Cert.Copies $0,00 NO RPT $60.00 NO Transfer tax $0.00 NO Comra.Pres $0.00 NO TF2AN5&T:R TAX NUMBER: 12-13763 Fees Paid $380.00 THIS PAGE IS A. PART OF THE INSTRUIMNT THIS IS NOT A SILL JUDITH A. PASCALE County Clerk, Suffolk County I ® E C EVE FEB 1 5 2017 ' L __ $wt1lold Town Board of Trustee 63 of 68 r 4 1 A 1 2 Number of pages RECORDED 2613 Jan 22 04105:46 PM This document will be public JUDITH R. Ptscat E L1.Era OF record,Please remove all 3 MLK COM SeCiai Security NUmbers L 060012718 Prior to recording. P 267 DTY 12-13763 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Rccofftg/Filing stamps 3 FEFS , Page/Filing Fee 311 Mortgage Amt. Handling 20, Do 1. Basic Tu 2.Additional Tax -SSd Sub Total _— Notation SpecJAssit. T EA-52 17(County) ...J _ Sub Total /D71 or Spec./Add. EA-5217(State) �� TOT,MTG•TAX R.P.T.S.A, _ Dual Town__Dual County_„ Held for Appointment Comm.of Ed. 5. 00 Transfer Tax _ Affidavit ° Mansion 7hx _ Certified Copy The Property coveted by this mongage is 2 or will be improved by a one or NYS Surcharge MI5. Sub Total CJ faWly dwelling only, i7/�l•t,"-r Other YES or NO Grand Total v If NO,see appropriate tax elaun on Page 9 of this instrument. Dist• 13002274 loon 11600 0600 012002 PTS 5 Community preservation P=d Real Property�� RLPA Tax SeConsideration Amount$ Agency —� rvice �a�AN-t Verification CPF Tax Due 5 6 Satisfactions/Dischuges/Reteasm List Property Owners Mailing Address Improved RECORD 8r RETURN TO; _ Vacant Land: TD /O TD �d 071rIe4. /V y //9?/ TD Mail to;Judllh A.Pascale,Suffolk County Clerk ............... lerk7 'dine Com an Information 310 Center Drive,Riverhead,NY 11901 www.suffolkcountyny.gov/clerk Co.Name - "=4Wj�T Title r �A - aySS S olk ®unt Ree��daa� & Endorsement P e 'ibis Page forms pan of the attached TYPE OF INSTRUMENI� made by. �5 (SPECIFY CE V � The premises herein is situated in SUFFOLK COUNTY,NEW YORK• �� In the TOWN of �, FEB 1 In the VILLAGE 5 2017 or HAMLET of BOXES 6 THRU g MUST BE TYPED OR PRINTED IN BLACK NKK ONLY PRIOR TO RECORDING OR FILING. Southold 10,in (over) Bard of Trustees 64 of 68 THIS INDENTURE,made the day of -TlfkJ 2$�/3 BETWEEN Jeannette Case,as survivor of Donald Case,Deceased,residing at 13180 Oakmount Drive,Apartment 1, Fort Myers,FL 33907,Donald G. Case,residing at 2143 Morrison Court, Orlando FL,Deborah Ann Case f/n/a Deborah Ann Kaminski, residing at S.W.First Avenue, Cape Coral FL 33914,and David R. Case,residing at 1602 Sable Sands Court, Sanibel,FL 33957,as tenants in common, party of the fust part,and Tod Freed and Edith Webster-Freed, resjdtn5gjaK200 Fifth Avenue A ' partment 9A,New York NY 10029 �• party of the second part, WJTNESSE'I H,that the party of the first part, in consideration of ten dollars paid by the party of the second part,does hereby remise,release and quitclaim 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 Description attached hereto which is incorporated by reference as though set forth in full. SUBJECT TO all easements,rights of way and protective covenants of record, if any, Being the same premises which was conveyed to Donald Case,Donald G.Case,Deborah Ann Kaminski and David R.. Case,as tenants in common by Deed dated December 1,2000,recorded March 7,200I, in Liber 12106 Cp. 108, Being the same premises known as and by number 12400 New Suffolk Avenue, Cutchogue,NY. TOGETHER with all right,title and interest, if any of the party of the first part in and to any roads abutting the above described premises to the center lines thereof,TOGETHER with the streets and 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. The word"party'shall be construed as if it read"parties"whenever the sense of the indenture so requires, IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: t a . 3f _tDlebomh Je etre Case Ponald G. Case Deborah n Case f/n/a Kaminski avid R. Case E1AgE FEB 1 5 201 ' 65 of 68 i So«tl;�ld;a<<n I Rrarri rf Triicin�c i M J ACKNOWLEDGMENT State Of Geor is ) County Of Q ) Ss.: On the day of 7 in the year before me,the undersigned, personally appeared Jeannette Case,personally known tome or.pr ved tome on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged 10 me that he/she/they executed the same in his/her/their � ki�and that by his/her/their signature(s)on the instrument,the individual(s),or the ®c calf of which the individual(s)acted,executed the instrument. •.,.,.i,.�s. �• a+:'.; y yp 14.2019 �' Sig a and Office o vidual talang °ao �`"• ••• � � e This acknowledgment °®0Lev �6�11,��DVati� State�T lvew York ) County Of fir?` ) Ss.: On the l 1 day of --) rya in the year �o/-3 before me,the undersigned, personally appeared Donald G.Case Deborah Ann Case f/Na Deborah Ann Kaminski and David R. Case,personally known W me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)'subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signatures)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument. Signature and ice of indi id taking This acknowled ent DEED phett P.Spsnburgh Notary Pubt"Iste of New York Case No-01SP49ON64 QuoRfted In 5utta County Section i I rn�sbn Explros Oct 6,2013 to Block 06.00 Freed Lot 012.000 County: Suffolk RECORD AND RETURN TO: D E r�-a 3 r F E B 1 5 2017 66 of 68 Southold town Board of Trustees ALL that certain plot,piece or parcel of land,situate,lying and being in the Hamlet of Cutchogue, Town of Southold,County of Suffolk and State of New York,being more particularly bounded and described as follows: BEGRQgING at a monument on the northerly side of New Suffolk Avenue at the northeasterly comer ofthepremises described herein and the northwesterly comer of the premises now or formerly -of Shawn and Nicole Fitzgerald; THENCE South 13 degrees 01 minute 40 seconds West 449.31 feet to the mean high water liae;bf Great Peconic Bay; THENCE along the mean high water line of Great Peconic Bay North 68 degrees 42 minutes 01 second West 33.35 feet; THENCE North 13 degrees 01 minutes 40 seconds East 444.51 feet to the northerly side of New Suffolk Avenue; ;; THENCE along the northerly side of New Suffolk Avenue South 76 degrees 58 minutes 20 ieconds East 33.00 feet to a monument and to point or place of BEGINNING, _7 El VE FEB 1. 5 2017 Southold low Rnird of TntJPPq 67 of 68 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------------------------------------------------------------------x ERNEST WICKHAM CASE. Plaintiff, -against- TODD E. FREED and EDITH WEBSTER-FREED, Defendant. -------------------------------------------------------------------- -x SUMMONS AND COMPLAINT LAW OFFICES OF DAVID P. FALLON PLLC Attorney for Plaintiff P.O. Box 423 53 Main Street Sayville, NY 11782-0423 (631) 567-0340 Sig ure (Rule 130-1. - TO: Service ofa copy gf'the within is hereby admitted. Dated: Attorneys for Attorneys for Attorneys for FEB 1 5 2017 Southold Town 68 of 68 Board of Trustees i c 081 Ell At an IAS Term, Part 50, of the Supreme y p 5% Court of the State of New York, held in and for the County of Suffolk at the courthouse thereof located at 1 Court Street, Riverhead, New York, on 5"' day of June, 2014. PRESENT: HON. AMREW G.TARANTINO JR. �, J.S.C. -------------------------------------------------------------X ODD E. FREED and EDITH VWEBSTER-FREED, Index No. 14-01247 Plaintiffs, T omo -against- ORDER TO SHOW CAUSE Justice Assigned: BARBARA BEST and ZARKO SVATOVIC, Hon. Andrew G. Tarantino,Jr. o MOTION/CROSS/OSC Defendants. FEE PAID _ Judith A. Pascale =----------------------------------------------------------X j Suffolk County Cler c UPON reading and filing the annexed affidavit of Todd Freed, sworn to on June 4, 2014, the affidavit of Anthony C. Pasea, Esq., sworn to on June 5, 2014, and the exhibits annexed thereto, LET the Defendants Barbara Best and Zarko Svatovic, show cause before an IAS f , Term, Part 50, of this Court, the Honorable Andrew G. Tarantino, Jr., Justice Assigned, to be held at the Suffolk County Courthouse, 1 Court Street, Riverhead, New York, on June /q , 2014, at 9:30-a.m., or as soon thereafter as the parties or their counsel can be heard, why an order should not be granted pursuant to NY CPLR Article 63 granting a preliminary injunction with regard to a parcel of real property known as 12400 New Suffolk Avenue, Cutchogue,New York (SCTM Nos. 1000-116.00-06.00-012.1 and 012.2) ("the Freed Property"): a) prohibiting defendants, or anyone acting pursuant to their direction or with their permission, from entering on or using-the Freed Property at 12400 New Suffolk Avenue, Cutchogue,New York, for any purpose other than traversing directly on foot from New Suffolk Avenue to the Peconic Bay on the ten (10) foot wide wood path (measured from the board fence separating the Wessell property at 12600 New Suffolk Avenue from the Freed Property) and running along the eastern edge of the Freed Property ("the path"); b), prohibiting defendants, or anyone acting pursuant to their direction or with their permission, from using any portion of the beach south of the Freed Property other than that section that is immediately south of the path; c) prohibiting defendants, or anyone acting pursuant to their direction or with their permission, from leaving unattended at any time or storing in any manner chairs,boats, or any other item on the Freed Property, including but not limited to the path; d) prohibiting defendants, or anyone acting pursuant to their direction or with their permission, from installing any fencing, stakes, signs or any other sort of marker or obstruction on the Freed Property, including but not limited to the path; e) prohibiting defendants, or anyone acting pursuant to their direction or with their permission, from harassing,threatening,menacing, approaching, or contacting (other than through written notice to plaintiffs' attorney)the plaintiffs,their family members, guests, invitees, contractors, consultants, and/or their respective agents/ employees; and f) granting such other and further relief as the Court may deem just and proper. SUFFICIENT CAUSE APPEARING, it is fi'I.t.{'T�1er Q(r'GIeY- ORDERED AND ADJUDGED that pending t n of the Gv ccd- _ 4 application, a TEMPORARY RESTRAINING ORDER be and hereby is issued restraining, as applicable, and with regard to a parcel of real property known as 12400 New Suffolk Avenue, Cutchogue,New York (S CTM Nos. 1000-116.00-06.00-012.1 and 012.2) DE C Ej V 2 FEB 1 5 2017 Southold lown i - 1 , a) prohibiting defendants, or anyone acting pursuant to their direction or with their enferIi , O-PA permission, from x i t e Freed Property at 12400 New Suffolk Avenue, Cutchogue, New York, for any purpose other than traversing directly on foot from New Suffolk Avenue to the Peconic Bay on the ten (10) foot wide wood path (measured from the board fence separating the Wessell property at 12600 New Suffolk Avenue from the l Freed Property)3) and running along the eastern edge of the Freed Property Y ("thepath"); acd fAd- PIQ(n�A A&Ji be prohlbi Ved f-am enkrlt� on fo 'de-le.rtdar►1s' property b) prohibiting defendants, or anyone acting pursuant to their direction or with their permission, from using any portion of the beach south of the Freed Property other than �� • � and eas•F' • �Sthat section that is immediately sout+f the path; C.II p&rfie,5 1' c) prohibiting 44eRdanfis-, or anyone acting pursuant to their direction or with their 1 permission, from leaving unattended at any time or storing in any manner chairs, boats, {I or any other item on the Rrr�i�►�- �risr y �'' --'� ' *'�� r a path; d) prohibiting "19�1 or anyone acting pursuant to their direction or with their �mri aIfer+n5 -+Le an5a, in u-nd around -4,1e- pa. h inGlcc,d irl,g s permissionfrom installing any fencing, stakes, signs or any other sort of marker or obstruction a I I j9ezrf les e) prohibiting dQfz d , or anyone acting pursuant to their direction or with their permission, from 1a;assi*g, threatening,-mena4ng, approaching, or contacting (other H,e, Par+ies ' d-H-ovneys than through written notice to prfs' attorney) th4a4ft4ff-s,,their family members, I-pFa-rk-tes guests, invitees, contractors, consultants, and/or their respective agents/employees. SUFFICIENT REASON APPEARING THEREFORE, service of a copy of this Order, together with the papers upon which it was granted, made upon defendants Barbara Best and Zarko Svatovic,pro se, by overnight mail to 12355 New Suffolk Avenue, Cutchogue,New York EC-' E V E 3 - FEB 1 5 2017 Southold Town Board of Trus oes 11935 and 250 Mercer Street,Apt. B1107,New York,New York 10012 on or before June , t 2014, shall be deemed good and sufficient service. ENTER : J. S. C. D JUN 0 5 2014 Judith& P CLERK OF SUFr-OL t COUNTY ECE � VE F E B 1 5 2017 Southold Town ard of Tr ee -4 - R0 FEB 1 5 2017 ebruary 15, 2017 Board of Town Trustees Town of Southold Southold Town Board of Trus e 54375 Main Road Southold,NY 11971 RE: Application for permit Tax Map Number: 1000-116-6-12.1 & 12.2 12400 New Suffolk Avenue, Cutchogue,New York The application must be denied because it doesn't meet even minimal standards of accuracy to be even considered. The Application is in violation of the town codes and follows no town approved procedures. The abuse is overwhelming and on multitude of levels. The following is only a subset of the reasons why the application should not be even considered: 1) Applicants do not own the "Illegitimate Property" they are asking permits for, Lot 1000-116-06-12.1& 12.2 (See the attached letter explaining the details) 2) Application is at minimum in violation of the Town Code&280-9. 3) The survey is illegitimate and in conflict with previous illegitimate surveys. 4) The (false) subdivision of the property is illegitimate, and it was never even submitted for the town approval. The unsubstantiated affidavits used to justify this omission are perjuries punishable by law. 5)Verification of"Building Department Permit Requirements" was never reviewed by the Building Department. It was rubber stamped,bypassing the town procedure and allegedly informally "approved" by way of a "Sticky Note" by the town Attorneys Office accused of corruption. The rubber stamp is evidently based on the fraudulent documents informally submitted by the Applicants to the Attorneys' Office bypassing the Building Department(back door arrangements). 6) The Applicants are involved in ongoing litigations about ownership right of the "Illegitimate Property" they are asking permits for. 7) The town of Southold Attorneys Office is main defendant in Article 78 lawsuit against the town, the office accused of being corrupted by the private interest. Respectfully, Da— Zarko Svatovic, 646-232-6663 cc. Town of Southold Cutchogue,New York February 15, 2017 Town of Southold residents Town Board& Town Agencies 53095 Main Rd P.O. Box 1179 Southold, NY 11971 RE: Corruption and real-estate fraud in the Suffolk County Board of Trustees' February 15, 2017 Hearing regarding the permit for the "Illegitimate Property", Lot 1000-116-06-12.1& 12.2 A - Deed Fraud. Applicants are asking for yet another illegal permit for the property they do not own. Basic facts: 1.) A real-estate property is normally defined by a survey supported by VALID DEED(s) with proven conveyance. (Exhibit D 1 & D2) 2) Deed Fraud is a "serious crime" subject to criminal prosecution. Applicants filed in 2013 fraudulent deeds based on which they obtained town permits that are in violation of the town codes (i.e., among others, violation of the Town Code & 280-9). 3) All the permits previously issued by the town of Southold for the "Illegitimate Property are consequently entirely unlawful. 4) In January of 2013 Applicants purchased property designated on the Tax Map as Lot 1000-116-06-12.0, size 115' wide by 300' long. (Exhibit D3, Pg. 2 - Sellers Deed) 5) In 2013, soon after the closing, Applicants filed fraudulent deed(s) claiming the property size of 148' wide by 300' long. (Exhibit D3 - Pg. 3 Applicants Deed) 6) The dimensions of Lot 12.0, the property Applicants purchased, increased in size after the 2013 Tax Map "Fake Split". Defying not only laws of man but also the laws of nature (The sum of split parts must equal the original size), the Applicants' property miraculously increasing in size by almost 50%, obviously by annexing the adjacent to Lot 12.0 ROW property. (Exhibits - D1 to D3) 7) The Applicants' bizarre story (lie)-is that for unknown reasons, by shear coincidence, coinciding with the time of the Applicants' 2013 purchase of the Lot 12.0 property, the Tax Map Division on its own initiative split the Lot 12.0 into two Tax Map numbers 12.1 and 12.2 and changed the ROW Tax Code from Road/Highway to residential property (Vacant Land). (Exhibit - D4) 8) Tax Map Division in fact extinguished out of existence from its records the 100 year old ROW property. The Applicants' and their attorneys' affidavits to that effect are acts of clear perjuries in support of fraud punishable by law. The actions of the attorneys in orchestrating the fraudulent changes to the public documents by way of alleged corruption of the town and county government officials may also be criminal acts. (Exhibit D5 - Affidavits - perjuries) 9) Prior to the January 2013 closing date for the 12400 New Suffolk Avenue property (Lot 12.0), Applicants were fully informed by their real-estate agents and their own Title Searches that they have no interest of any kind whatsoever to the adjacent to their property ROW The ongoing real-estate fraud is a result of deliberate choice and careful planning. (Exhibit D6 - Applicants e-mail confirming the fact) 10) Both Applicants are attorneys understanding fully the implications of their actions and possible consequences. Applicant are beneficiaries of sophisticated and well planed real-estate fraud supported by alleged widespread corruption of the local government institutions, including the Supreme Court of Suffolk County. 11) All the title searches known to be conducted for the properties involved agree that Applicants do not own the "Illegitimate Property" that they claim. The 2013 filing of the Applicants' deeds for the "Illegitimate Property" constitutes a Deed Fraud. (Exhibit 137) 12) The Tax Map Division of the Suffolk County, in deliberate violation of the Freedom of Information Act laws, refused to disclose the information about the 2013 unlawful changes to the Tax Map regarding the "Fake Split" of the Lot 12.0 property. The subject matter is since then, according to the Tax Map staff, under "internal investigation". However, the public documents about the "Fake Split" of Lot 12.0 are still unlawfully kept secret by an order issued by the County Attorneys' Office. The Tax Map Division is potentially subject to Article 78 lawsuit and corruption charges as well. .13) There are 22 or so deed holders to the Wickham Case family owned Right of Way (ROW) property, which was made to disappear from the Tax Map Division records. The filed deeds in the county records however are exposing fully the Applicants' Deed Fraud, which was the base for all the industry standard Title Searches conducted. 14) The town of Southold is complicit in the said fraud because it ignores the submitted evidence and violates its procedures. Mere enforcement of the Town Code &280-9, one of many violations, would have resolved the problem and saved tens of thousands of Tax Payers dollars, and counting, spent on the unnecessary town corruption litigation. (Exhibit D8 - Lawsuit against the town) 15) The Peconic Surveyors, the Applicants' survey company responsible for a number of ever changing illegitimate surveys for the "Illegitimate Property" is allegedly complicit in the said real-estate fraud as well and subject to, at minimum, civil penalties. According to the unofficial information, Peconic Surveyors supplied the "secret" survey used to effectuate the 2013 "Fake Split" of the Lot 12.0 at the Tax Map Division of the Suffolk County. 16) The town of Southold was fully informed in advance about the ongoing real estate fraud involving the "Illegitimate Property" prior to the time the town accepted self evidently fraudulent documents as valid, ignored the town codes and procedure and acting against advice of its own agencies the town issued the illegal building permits to Applicants for the "Illegitimate property" they do not own. (Exhibit D9 - Letters to the town agencies) 17) Deed Fraud is experiencing comeback in the New York State and it is being vigorously prosecuted by the NYS justice system, unlike the case of the Suffolk County which so far lags in the enforcement against such crimes. (Exhibit D10 -NY Times) B - Town Corruption and legal actions. 1) At the Nov. 5, 2014 Town Hall hearing the full town board was informed about the Deed Fraud that extinguished the ROW property out of existence, and the board was informed about the ongoing real-estate fraud and illegally issued permits by the town to the non-owners of the "Illegitimate Property". The Town Board refused to discuss the issues in any substance, advising the complainant that if he doesn't like the town decisions to get himself a lawyer and start Article 78 proceedings against the town. 2) On Nov 14, 2014, the complainant commenced Article 78 lawsuit against the town of Southold and its officials, Index# 14-22339, Supreme Court of Suffolk County, alleging town corruption advancing interests of the private parties in pursuit of the real estate fraud. The litigation is still in progress. (Exhibit D8) 3) Evidently, due to the alleged corruption, upon "advice" from the town Attorneys' Office, the town refused to follow its own codes and procedure which resulted in tens of thousands of dollars, and counting, of the Tax Payers money being wasted on this unnecessary litigation. As a taxpayer I strongly object to such a waste of town resources, not counting waste of my own I was forced to spend to defend the law and order in this town. 4) The evidence shows that the alleged town and county corruption is facilitated "for profit" by the local town and county attorneys' by way of unlawfully influencing the town and the county Attorney Offices and the justice system of the Suffolk County. (See below Section: E - How the town of Southold corruption works) 5) At the end of 2016 the Applicants were sued by the owners of the ROW property for the damages and slander of the title on account of the 2013 "Deed Fraud" and for damage to their property: Supreme Court of Suffolk County Index No.: 16-616129, currently under litigation. (Exhibit D 11 - Lawsuit against Applicants) 6) The town is partially responsible for the irreparable harm inflicted upon the town residents caused by the towns' 2014 already issued unlawful permits and damages to properties due to actions taken by the town's corrupted officials. The compensations will be at the Tax payers expense. 7) Not all the judges in the Supreme Court of Suffolk County are corrupt. Upon reviewing the evidence Hon. Farneti immediately signed Order to show cause and imposed Temporary Restraining Order against Applicants. (Exhibit 15) 8) However, the relevant lawsuits were immediately removed from the impartial judges to corrupt ones, prolonging this litigation into Appeals and making it exorbitantly expensive, an act of extortion. 9) The government institutions responsible for maintaining the integrity of the justice system and law and order so far failed to intervene. C - List of reasons why the town should not even consider the Applicants request for any permits regarding the "Illegitimate Property" is endless. Here are few: 1) Applicants do not own the "Illegitimate Property" they are asking permits for, Lot 1000-116-06-12.1& 12.2 (Exhibit 137) 2) The fictional ""Illegitimate Property" was unlawfully subdivided according to illicit documents produced by the Tax Map Division believed to be result of corruption of the officials in the Tax Map Division. The illegal and in fact fictional subdivision has no town approval. (Exhibit D2 & D 17) 3) The town permits conflict with previously issued permits for the same property, multitude of illegitimate surveys are conflicting with each other, documents make no sense, neither do permits issued because they refer to conflicting documents based on conflicting assumptions. It is impossible to resolve the mess because of the corruption of the town officials which are readily breaking the law under unlawful influence of the town Attorneys' Office. 4) The Applicants application doesn't meet even the most minimal criteria of accuracy to be considered. 5) Many documents supporting the application are inaccurate or fraudulent perjuries made in support of the fraud. The town officials are not doing their job because they are intimidated by the town Attorneys Office into not performing their duties. (Exhibit 5) (It should be noted here that the officials will be responsible for failing their duties regardless of the "legal advice". It will not be excuse in the court.) 6) The Applicant attorneys are misinforming or lying to the town attorneys and supplying them with fraudulent documents the town attorneys are accepting as valid. The town attorneys are ignoring the the documents that oppose the ongoing fraud. Example: Quote from Mr. Pasca letter to town attorney, Exhibit D13, Pg. 3: " ... Property was conveyed ... , though as I said the title company required two descriptions ..." What is wrong: a) I am not privy to the documents Pasca supplied, which should be publicly available, but they are unquestionably false. b) The letter is misleading or outright deceitful. The truth is the property was not conveyed. In fact the submission of the documents to the government body that include fraudulent deeds (Deed Fraud), illegal surveys and affidavits that are perjuries constitute an illegal act (maybe a seriously criminal) of use of false documents to obtain material gain. c) The town attorneys were informed about the ongoing real-estate fraud so their accepting of the fraudulent documents is a deliberate act in support of the fraud, which makes them complicit in number of illegal acts, ( Le discrimination against town residents for profit in favor of private interests pursuing the theft of substantial material value) d) Mr. Pasca, who is one of the architects of the current real-estate fraud, is executing the fraud by knowingly supplying the fraudulent documents to the town, combining his legal representation of the Applicants for permit with "filed work". The extent of the "field work" is unknown and should be determined by the proper government authorities. e) The town Attorneys Office is once more unlawfully interfering with the decision and approval process of the town in support of private interests pursuing the fraud, preventing the town employees from performing their duties. (Exhibit D 13 - Sticky note) f) The town employees believe that because the town attorneys' "Authorized - OK" that they are not responsible for their approvals and reviews. This is absolutely not true. The town employees and the town are fully responsible and liable for all the damages. The town Attorneys Office is only a service. The authorizations are only legal advice that town may disregard and request alternative opinion from other sources. The town attorneys are not liable for the bad decisions the town employees make. The attorneys are responsible only for their "advice", which as the "Sticky Note" example shows is vague, unspecific and will disappear as soon as the sticky note falls of the page of the document and only the signature of the employee remains to take full responsibility. d) The evidence shows that the town Attorneys' Office is directly involved with the fraud and such deception on regular basis and that this is way of doing business in the town of Southold. The consequences are grave and expensive for the town which is exposed to Article 78 kind of litigations. e) The lawsuit brought against the previous town attorney and some officials regarding 2014 illegal permits issued to the Applicants "Illegitimate Property" is already costing the Tax Payers tens of thousands of dollars, and in view of the fact that the seem to continue in the same way, this may be just the beginning. 7) The town attorney have no business interfering in the approval process of the building Department or deciding who owns a property. The Building Department's responsibility, not attorneys, is to evaluate each application according to the town codes, equally without discrimination or interference from anyone. The town attorneys office is once again interfering into the approval process in support of fraud, issuing of the illegitimate permits for the "Illegitimate Property" to non-owners at the expense of Tax Payers community. (Exhibit D 13) The above is only short list of reasons, either one by itself is sufficient enough by itself to deny the application for permit. An outside intervention or independent commission is indispensable to resolve this mess. D - The previously issued Permits for the "Illegitimate Property" are unlawful, apart from the allegations of the town corruption, and should be immediately revoked. 1.) The reasons why the previously issued permits are unlawful are given in the above sections A, B and C. 2.) The town code demands that illegitimate permits be revoked the moment it is found out that they were improperly granted. The town is in violation of its code for refusing to revoke the current permits upon repeated demands to do so. 2) The town made no adjustments and took no action to improve the procedures or enforce the compliance with the town codes, town procedures and law and order. E - How the town of Southold corruption works (I have to say allegedly because it has not been officially proven) 1) The town Attorneys' Office, which offers ways and means to influence all decisions and events in the governing of the township, is at the center of the town corruption. 2) Town Attorneys Office's is dysfunctional. Even though the attorneys actions in the most of the official communications superficially appearing to be lawful, in practice by way of backroom deals and "unofficial communications" the attorneys are sometimes involved wilt blatant fraud that is seriously damaging to the Tax Payers and residents of this community. (Exhibit 13 - Example, Sticky Notes Scam) 2) The purpose of the town Attorneys Office and the hired attorneys is mainly to provide the town and the town officials with legal advice. The attorneys should not get involved or interfere with the town decision processes beyond giving the legal advice on limited matters. f ' The attorneys are not responsible for the bad decisions of the town officials as long as their legal advice is valid. 3) However, the town Attorneys' Office and the attorneys are on regular bases overstepping their authority by giving "advice" on the matters beyond their concern. 4) If the attorneys' advice is tainted by a bias towards a particular private interest, they are engaging fraud. 5) The town attorneys' often corrupted "advice" is misinterpreted by the intimidated town officials as de facto decisions they must obey or else. That is one of the main vehicle of corruption in the town of Southold and the Suffolk county as well. The town officials could theoretically refuse to obey the attorneys and ask for alternate legal opinion/advice but they don't and have no incentive to do so. 6) There are no effective checks and balances in place and town elected officials are not managing the town Attorneys Office. (Further analyses of this issue is out of scope of this document) 7) As an example of wrongdoing, the Southold town attorney, the main defendant in the corruption lawsuit against the town of Southold, ordered (implicitly) the Southold Building department to in 2014 to issue permits for the "Illegitimate Property" to no-owners. Building Department would have not issue such a permit because it did not meet even minimum standards of accuracy and information demanded by the town procedures but Building Department shirked its responsibility rather take personally risky fighting with the town attorneys supported by-the local town government. (Exhibit D 14) 8) The arrangements with the town Attorneys' Office in 2014 for the issuing of the illegal building permits were made by the attorneys of the "private interests" pursuing the real-estate fraud. The correspondence between the attorneys was a red flag that should have been sufficient enough to prompt an investigation into the town corruption. (Exhibit D5 - Pasca - Moore) 9) Furthermore, the town Attorneys' Office ignored all the correspondence from the other "un-favored" interested parties, 22 or so households in the town who are ROW property "owners in common". The town attorneys then in a blatantly obvious support of the real-estate fraud ordered the building department to issue the illegal permits by the way of legal "advice" - which was really an order. The intimidation of the town employees by the town attorneys is way of life in the town of Southold and Suffolk County. 10) The town Attorneys' Office then evidently went even further than that by advising (ordering) the staff of the building department to treat the requests for information about the ROW property with a degree of hostility, which they obliged. The town employees are in fear of losing their jobs and uncertain that they can challenge even the most obvious abuses of the town attorneys. The town employees in fact are unable to properly perform their duties in the current circumstances. 11) The town Attorneys' Office, which has certain amount of control over the actions of the Southold Police Department as well, by the way of the same pretense, the legal "advice", evidently sanctioned the unlawful police actions that were meant to threaten and intimidate opponents of the town attorneys favored "private interests" in pursuit of the real-estate fraud. Consequently the Southold police simply ignored all the reports of the abuse and in fact was party to serious abuse of the police power. (Exhibit D16) The above examples are only a tip of an iceberg. Further pursuit of the subject matter is beyond the scope of this correspondence and may involve criminal matters. The situation warrants full investigation of the District Attorneys Office with adequate resources and authority to investigate the fraud. The elected officials of the town of Southold are failing their duties sanctioned by law, which is the main complaint of the Article 78 lawsuit against the town of Southold and its officials: Suffolk County Supreme Court Index: 14-22339 (Exhibit D8). There were no attempts made to reign over the town corruption subsequent to the warnings-and the lawsuit against the town. In fact the town of Southold Attorneys Office, the main defendant accused of the town corruption, seem to be pursuing business as usual in bias treatment of the residents of Southold and still supporting the same private interest pursuing the real estate fraud at the expense of the Taxpayers. F - Conclusion Democracy is not a given right. It is earned and must be defended at all costs. It is readily taken away from those that do not defend it. Please join me in fight against corruption by the private interests of the government institutions we rely on to save democracy in the Suffolk County. Your interests and interest of all the citizens of this community are at stake as well as mine. The attempt to steal the community Right of Way is not the biggest concern here. The main concern are the revelation about our community that this attempt at theft of property exposes. The basic institutions of our government are not functioning. The town of Southold is corrupt, the Suffolk county government agencies are corrupt and even the justice system of the Suffolk County is corrupt. If you believe that the theft of the Cutchogue village community Right of Way is a problem of just those few unlucky households, 22 or so, whose property value and quality of life will be adversely affected by this unfortunate embezzlement of property, you are wrong. Your property and your rights may be next to be taken away by the unscrupulous private interests which are corrupting this community and its peaceful way of life that goes back for centuries. The stolen property belongs to the Wickham Case family, one of the founding families of this community documented in the history books of this county you can read about in the Cutchogue library. In the above document you have been given all the information and evidence you need to make up your mind about what is true and what is false. Since the government and the justice system of the community you pay for with your taxes has failed, you need to become a jury and render a verdict. We shall then organize and take the matters to our representatives outside of this corrupt county and ask for due and rightful intervention of our government representatives to defend our rights that the Constitution of this United States of America equally grants to all of its citizens. Respectfully, Zarko Svatovic, 646-232-6663 12355 New Suffolk Ave., Cutchogue, NY— 1193 5 DISCLAIMER:All data and information provided in these documents is for informational purposes only. Zarko Svatovic statements are allegations. As to accuracy, completeness, correctness, suitability, or validity of any information in this documents he will not be liable. He will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis to the best of his knowledge and it is subject to verification of the reader. (I was advised that I must do that) Exhibit D1 - Lot 1000-116-06-12.1& 12.2 is the "Illegitimate Property" Pg. 2 - Shows unlawful survey depicting the "Illegitimate Property" The illicit survey supports the 2013 Deed Fraud. "The Illegitimate Property" shown by the survey is a fictional real-estate construct concocted in 2013 for the purposes of the real-estate fraud. The survey is based on the unlawful and "Fake Split" of the County Tax Map Lot 12.0. "Illegitimate Property" consist of two distinctly separate properties owned by two different owners: Parcel I Lot 1000-116-6-12.1 -The 12400 New Suffolk Avenue property lot was legitimately purchased in 2013 Parcel l Lot 1000-116-6-12.2 -The 100 year old community Right of Way(ROW)belonging to Wickham Case family was unlawfully annexed by "Fake Split" The Applicants' Deed Fraud is an attempt to steal the Lot 12.2,the ROW property belonging to the Wickham Case family and 16 other Cutchogue households with deeded rights to use the ROW as "owners in common". In view of the fact that the value of the property being stolen is around half-a-million dollars this is a serious crime. All the participants in this fraud should consider that fact because the penalties are commensurate with the value of the embezzled property. Before the Tax Map was unlawfully changes in 2013,the Lot 12.1 was for more than half a century designated on the Tax Map as Lot 12.0, size 115' by 300'. Before the fraudulent deeds claiming ROW were filed in 2013, Lot 12.2 was Right of Way property for more than 100 years,designated by the Tax Code as Road/Highway, the Private Road extension of the current Bay road to the Peconic bay. The Tax Map Division of the Suffolk County, in deliberate violation of the Freedom of Information Act laws,refused to disclose the information about the 2013 unlawful changes to the Tax Map when the interested parties demanded information about the "Fake Split" of the Lot 12.0. (See Exhibit D2) NOTE: There is clear evidence that the Peconic Surveyors company is full participant in the said real-estate fraud. Peconic Surveyors are supplying to Applicants multitude of self confliction surveys. According to the unofficial Tax Map staff disclosed information, Peconic Surveyors was also the supplier of the survey based on which the "Fake Split" in the Tax Map Division was effectuated. The Nov 4, 2013 survey showing the Parcel 1 and Parcel 2 as they were recorded in the fraudulent deeds based on the "Fake Split" of the Lot 12.0 as unlawfully effectuated by the Tax Map Division STREET ADDRESS 12400 HEW SU" AV NUE N SURVEY OF PROPERTY GUE TOWN OF SOUTHOb I SUFFOz 00_108UNT� N.Y. SEDTRtBER a 202 A avom 4 Zi(ReA-" 0AA ars, "Ferne - P44CEZ r7 + iPta�P 11 j/l 1 )I 1 7/ 1 /l I It 4 J! w t� ry till l 7 Itl� � !ll /) 4 wt Ma ) 11 p if • c � � 11 W ff E 81r 11 �I •XT f ff l xd !f 1 `UCS COX d W i•�^.^iw�OOr rte` d 1 � e. V 3 n ,� '°" ,,, i •� )+ �D7` STS 1��b,�n¢4i� � a ii �` zr �° �• T`f 11 � ItDY Nd 7G� L04�"O.s ROOD 2CM FROM ROOD INSURANCE RATE NA NAP NUMBER W103CGWIH SEPhTIBER 25.2009 CLEVA71O.NS REFERENCED TO NAY. 1903 o, r, 1�/1 t cERT"D TO. —Am D.N.RACO'RO•r M---ISA Fxl.1TNv -'2` p� H�q. TODD FR[EO Or SECT.OM 1.090E TME'A'EN Wr SIAN SLLCADOV LAW �T f 1?'OT� Qy EO1TH WEBSTER FREED rs rAS P.R sEDn rdrJ-9JB msy 2A:0 CFRRt.(na P $• jr AO'4•lq ..0VOCATES ABSTRACT WC(ADA2455-S o7 NEW nmsaa A> 1Afr9 FOR ROS II ANO arR'•"mw OR1 P STEWART DRE NSURANCE COMPANY ,Vie }4pF SID LAP OR GOYS BEAR W-PWS=SOL'if W SLR1 OP q_pt ME1,r0� Ix S ffkr.01h the lRRELft TEST HOLE DATA I om hmalo.n77h the STUOW16'A E9?AA"ROYAE AT✓D CONSTRIJCDON OF SUBSY/REALE SEFYACE ��6�t/11�TYJFIRE � MSPOSAL 5*7E115 FR.SfrlC4E FAG2r RESroENCES a end"W.hide.r Ne 0-071—..1 rb Fh aimed mid-3¢ pemu!to carahvef uu•y pu m M.loco4—&mor ande.:T;do ahoen h--ora ..u.l nR..•.y fr-Na 49313 f—redahsmvDtkn.and.^hem clot. bl—.d rr .mots n, PGT.RVtC wR1•E'1.ORS PC PAACFJ_1 AmA-5gsm SCt FT.TO mE LAZE ,a"••:"""•• •"•' �a 9092.fnx(sit)705-T797 PARCEL 2 AREA-14.748 80.FT.TO TE LINE .-NOrrJMC4T 72M Inn MLR STREET •�4tl SOOTNOLD.Nr TF971 i Applicants fraudulent deed recorded in 2013 showing Parcel 1 and Parcel 2 (Schedule A is on the next page) see also Exhibit D3. Deed Fraud is a serious crime. THIS INDENTURE,made the day o£ nrvA 2013 d4 BETWEEN Jeannette D.Case,as TRUSTEE of a Trust created by Donald H.Case,Deceased,dated July 19,2001, residing at 13180 Oalanount Drive,Apartment 1,Fort Myers,FL 33907, a party of the first part,and fs8/l��l R••a� �IfF Todd Freed and Edith Webster-Freed, as./. residing at 1200 Fifth Avenue,Apartment 9A,New York NY 10029 party of the second part, WrrNESSETJI,that the party of the first part,in consideration of ten 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 description attached hereto) Being the same premises which was conveyed to Donald Case,Donald G.Case,Deborah Ann Kaminski and David R.Case,as tenants in common by Deed dated December 1,2000,recorded March 7,2001,in Liber 12106 Cp. 108. C Being the same premises known as and by number 12400 New Suffolk Avenue,Cutchogue,NY. TOGETHER with all right,title and interest,if any of the party of the first part in and to any streets and mads abutting the above described premises to the center lines thereof;TOGETHER 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 pady of the second part forever. AND the party of the first part covenants that the parry 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,covenants 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 wil I apply the same fust 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"parte'shall be construed as if it read"parties"whenever the sense of the indenture so requites. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. Title No.ADA-2455-S SCHEDULE A-DESCRIPTION Pared L] f ALL that certain plot,piece or parcel of land,situate,lying and being in the Hamlet of Cutchogue, Town of Southold,County of Suffolk and State ofNew York,being more partichlarly bounded and described as follows: BEGINNING at a point on the northerly side of New Suffolk Avenue at the intersection of the northwesterly comer of the subject premises and the northeasterly corner of premises now or formerly of The Plimpton Family LLC; THENCE along the northerly side of New Suffolk Avenue South 76 degrees 58 minutes 20 seconds East 115.75 feet to land now or formerly of Carruthers; THENCE South 13 degrees 01 minute 40 seconds West 444.51 feet to the mean high water line of Great Peconic Bay; THENCE along the mean high water line of Great Peconic Bay North 68 degrees 42 minutes 01 second West 117.11 feet to land now or formerly of The Plimpton Family LLC; THENCE along said land North 13 degrees 02 minutes 50 seconds East 427.66 feet to the northerly side of New Suffolk Avenue at the point or place of BEGINNING. ALL that certain plot,piece or parcel of land,situate,lying and being in the Hamlet of Cutchogue, Town of Southold,County of Suffolk and State of New York,being more particularly bounded and desen'bed•as•follows: - - 13EGWNWG at a monlnnent on the northerly side of New Suffolk Avenue at"the northeasterly comer of the premises described herein and the northwesterly comer of the premises now or formerly of Shawn and Nicole Fitzgerald; THENCE South 13 degrees 01 minute 40 seconds West 449.31 feet to the mean high water line of Great Peconic Bay; THENCE along the mean high water line of Great Peconic Bay North 68 degrees 42 minutes 01 second West 33.35 feet: Title No.ADA-2455-S' Schedule A-description Page-2- THENCE North 13 degrees 01 minutes 40 seconds East 444.51 feet to the northerly side of New Suffolk Avenue; TIIENCE along the northerly side of New Suffolk Avenue South 76 degrees 58 minutes 20 seconds East 33.00 feet to a monument and the point or place of BEGINNING. Exhibit D2 - Fake Split of Lot 1000-116-06-12.0 The Tax Map Division 2013 effectuated FAKE SPLIT was entirely incompetent and corrupt action clearly in support of the ongoing real-estate fraud based on Deed Fraud. xpARCL 1000 - 116 - 06 - 12 O FM 0 CONDO O COA X SPLIT O 102 ❑OTHER •:�`` •,� =: RETIRED PARCEL ' 1000-116-06-12 <7EANNErrg CASE,DONALD G.CASE, j DEBORAII A.[f,-AMNSK11 CASE DAVID R_CASE> L 12106 P108 CREATED PARCELS 1000-1161-06-12.1 <TODD FREED&EDEF11 WERSTFR.FREED ux)L�a 7/K P ,�4L e Hist:L12106 P108 1000-116-W12-2 <TODD FREED&EDrM 1VLBS71`ER FREED ux)L)U 71 g- P d 6- i NOTE: AOC NEEDED FOR L 12106 P108 TO REFLECT 1000-116-06-12(NOT 11) ts6 12 {N 161 22.3 =� m 7 5A t,Q ISO $ 150 225�T 225 too 1� 100 113 913 1� 0 6 0 13 S 14 22.1 022.2 iOn t00 700 225 113 413 NEW SUFFOLK AVENUE, 10 110 132 i 116 3a n3 357a 51., 4[ •i 10.1 1 13 11 12, 10.2 ��i� 14 1.1A(c) 1.2A(c) 1.2A ;r 1.4A(c) 2-8A(c) 1.1 A(c B2 140 132 �9 773 69 173 GREAT" SHOPEUve PBGG NIC BAY Date:Januaty 30,.2013 m .� Mapper:Dave T. Checker The Tax Map as it was before the 2013 "Fake Split" shows: Lot 12.0 with dimensions of 115' by 300' ROW property, Private Road, 33' by 300' (the length number shown on the map is wrong) Lot 13.0 neighboring property, 175' by 367' 22-3 E a t u xA i ISO 156 E14 t0D 1ClT tD0 ;13 113 22.1 S 22.2 NEW SUFFOLK AVENUE ITO 116 lay 116 33 173 'mss SIy 10.1 X102 11 12 13 14 1AA(C) 1.2A(c} ► 1, c) 2.9A(c) C P tb'J 696 Mi H m fy 1 rJ - 4r 1 :4 � 140 132 Ci Not✓ SAY IP901ftNerr 5ltlfal/r Avvenue 8013`�'raperl� 18BtXt,�'err 5}tflotk Avenue 2013 Land Grab, Parcel 2, Lot 12.2,was fabricated in the fraudulent survey annexing the ROW property employing a deception, a FAKE split of the 12400 New Suffolk Avenue property. With that Lot 12.0 in 2013,just before it disappeared,unexplainably increased in size by 50% in defiance of laws of nature: "Something that is split can not be bigger than the original." The fraudulent survey below was used in the application for the Tax Map Fake split and later on for various illegal permits that followed. STREET ADDRF54 73400 NEW SUFFOLK AVENJE N SURVEY OF PROPERTY TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y m 1000-1I6-06-12 IOD SFP7FHMMEt1Fu `R F.1.=2 ' Ans z oma Claaa s— A. M-41` ss+Oam a aau +O Wr9a 71$x. JJ PARCEI aT •� 14 � (41 t (7 \ I7 1 (( ✓�i'a�k+Im aN av+ar '7 !1' ff 5 y �• lff; ' ya !' 77 I1( 7 a7Y 1 f >- i Pf as flf - ff xr fI 1 a J ` 11,7 t�' nwy�aF i P, 11 C•�m & 11 FLOOD ZONE FROA ROOD MSIJRANCE RATE MAP AI A MAP NUMBFN 3870700501H SEPTENBER 25.200 ELEVATIONS REFERENCED TO NA—VO.7988 CERTIFIED TO: aFALRRA7>al dP AOaMr/N Oar sArKru A xaweLv -"1L` 'yid TODD FREED terra.�mxr�eNm ww srA7r erxA7ma uv. $!y Y `r+r„g COITN MSTER.FREED 1 v�MVIJ�ix6�rM m .s�"r= �A ADVOCATES ABSTRACT INC,gADA7A55-5 OFNEVi 54O 1A+P W Cogs�7R W WACzID 6 N4 swmw STEWART RRE NSURANCE COMPANY 04?t FM71 YNeSE'9Wr—Ali4'AR9 Aauz= 1 om f+T7 rlfh the STANDARDS FOR APPROVAL TEST HOLE DATA AND CONS12=710N OF SUBSURFACE SEWAG: ehl/I�O`AFM¢ ORPOS7L 51571?fS FOP 57NaE FAWLY RESIDENL`'S a ar and.dt ahfde by fAe—df,-,art t!h Fha M and an Nr Palmi td conative! nredn x 7h.Aleahen e/retb and<vnpoa'a ahaen herven ono naw A<vm v f) IG NO 49818 hom Odd ahxrZilla and an Hem doid abl—ld Ham.1h— a.�,. EtYL-0C 5(!RV£)TLRS AO PARCH.1 AFF-A-504510 Sa Fr..TO Tv=-Lm ••,�a'�••"'••a v P 0.7BOX 90-97l1 FAX(Bill 765-T797 PAF1.2 AREA-10.7A8 90.FT.70'I�LWE 71230 TNAAMER FiC. srREEr' ..MCWA?ENT Er TV=Nr/797; X12-240 New Story: After the "FAKE SPLIT" was exposed and discredited during the court proceedings,the survey was changed again in 2014 excluding Parcel 1 and Parcel l to claim now that there was no split at all. The ROW simply disappeared. Building Department Permit#39201 was issued against town procedures based on the survey below, a false sworn affidavit(a perjury) conflicting all the existing evidence. The permit was issued on "advice" (order) from the corrupt Town Attorneys to Building Department LK AVENUE S'URVE'Y OF pROp AT CUTCHOGUF TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-118-08-12.1 & 12.2 SCALE 1=30' sEpmaER 6, 2012 PUB C "4 TERTM SEPTEMBERi 6.1TOPO 2013 (REVISIONS) SEPTEMBER 10, 2013 (LOC. VEGETATION) NOVEMBER 22. 2013 (SETBACK LINES & LOC. �s ==( 'tee DECEMBER 3. 2013 (EDGE OF BEACH FLAGS) FEBRUARY 5. 2014 (PROPOSED HOUSE) FEBRUARY 11. 2014 (SEPTIC SYSTEM) 4, 2014 M AYI 62z0 4 MEVISIONS1) (Y C�r� MAY 20,2014(REVISIONS) (PUBUC . 7ER►N 5&DGr �E ,�pU MA�r 2s, o14vasrasj-- 2o- S'-AftOr SEP 17 2014 :R ry4 SUFFOLK COUNTY DEPARTM!ZNT OF HEALTH SERVICES ►�� q��7 Co y I y f PERMIT FOR APPROVAL OF CONSTRUCTION FOR A SINGLE aAMILY RESIDENCE ONLY 3 25r / 11 \ DATE� a 3 ZO�,t Z F.No. Ale)-� APPROVED / D E ENDS ► FOR PAA t ft.OF SEDROO1,1S >� ' EXP{RES THRcE YEAt'S FR4iV1 DATE OF APPROVAL o � moon #nSpectiOn Q ti r-or Sanitary Sys Iitern 4N� }�+Hel1•'h3e �tt'igiei?f J.< Exhibit D3 - Comparison of Sellers deed v.s. Applicants deed (excerpt from the evidence submitted to the court) Page 2, paragraph 2 -The Sellers' deed the Applicants deed rest on shows the size of property being 115' wide by 300' long,the property size that never changed,that fact supported by the hundred year old deed chain. Property stayed in the same family since its' inception until 2013 when bought by Applicants. Page 3 - Applicants deed filed in 2013 claiming property 148'wide by 300' wide with two parcels, Parcel 1 and Parcel 2,by the attached Schedule "A",Parcel 2 is the 33'wide ROW property which was not conveyed by the Sellers deed. Sellers Property 115' by 300' conveyed to Applicants by the Sellers deed-Parcel 1 The ROW property 33' by 300' belonging to Whickham Case descendants Applicants claiming 148 by 300' size property by their fraudulent deed Parcel 1 +Parcel 2 (referring to ROW) Applicants' Parcel 2 is claiming property of Whickham Case descendants without any justification, evidence, conveyance or even explanation This is only an illustration. The full legal confirmations of the above facts and the actions of this fraud is offered by title searches conducted by all the parties involved in the dispute, all the title searches agreeing that Applicants have no interest of any kind whatsoever in the Parcel 2 of the fraudulent deed Applicants illegitimately filed in 2013. Page 2 - Sellers' deed (based on a hundred year of proven history : The size of the property claimed 115' by 300' Page 3- Fraudulent Applicants' deed filed in 2013: No evidence anywhere that any such property ever existed, on SCHEDULE A: the size of the property claimed 148' by 300' EDU ID 'ED Im party 0ozemitPart,ana RUSSELL B. CASE, residing a;!:, Case's Lane, Cutchogue, New York, 0. party of 6e raved pw% 4T j' P "party rxf thc.se,�vsiail ,+ ' grsust and•rr;^� txutn tht gamy ai tltc aeeomd est.flue ie�-;rs -bZ Wit: In tAimdlvided one-filen (1/5)'3ritere-St in a ?=cel of land 115 deet I 601D wide- by X00 feet deep, Dere or less; bounded an the aort'h by Now Suffolk.Avenue, the east b7 CarrvLhers. the sourh by the Great LOCK pecotlic Bay, and ,tlle Wa8t by plimptort., BEING PXD INTEMED TO SE the asfxar erne- .f (115) interest in seld IT parcel a,* was deviglad to Norman Case (the lata husband of the or-Antor herela) by the last Mill. & Test rent of George H. Case, dated tep- to PrObeuL- in Su±fQl;c GOutlry, 6, 192k, and which was admittP New York, on July 8, 1932, uudur File No. 297 P 1932. :389G7 WL MWE -AUL -AUL2 010% TM"Fm TAX COUWY TOMTHER widuall right,dtk and iste-mA,if fray,rif the*darty Ove fiat pari in 2-A t*any larcto Tind reeds almiting the albGv*dr4crihvd pienises to the. fists thereat;TOGETHER with the"Ximu"t* *hd Ml ft estate 2ud righu of die party of tW fint pad im and to mU prem 6wA-, TO 14NVL Avj)TO HOLD 07 tj:i=1mvkt grclstmd uvm tim party of the pis4 the hgO&fit s r.";u rrjgp3 c4 the.party 0 Put f0trom AND the party of thrm firs,F-t31 WvCm4U%that the hisrfy ai the first p4it koz Pot tkm or mufitrrd anyliking wb"e4 The=id,premims 9mvt-1•eto emcunb*zed im MW WRY WIU44VVe,CXCept ag*(DTfM1%L AUD tht party al TbA first PAM in tumPb2nr**ixh Seaks 13 of 11w Lien 14w.c+w--d-t tine ploy of rite first"will receive die 6cwt;deratim I- taxis—Vey-t,-and Witt hoM 6m,riLht to mW&W such C"'Arl- ermion tt.a mm,fiamd to te,ippkd first for the parpg the am oe hf L ose of .Wym- 4nx0- F "a*vk*t and�01 Apply the.=m first 10 the PWYW.Ta of the cat g,4 1br improwcau"n 1idowe using Any tart of the toml of the-Am k* any 4A1W V-P- Too vmr&1parV'"be coo-card as itit read'pirlies"1A,-1mnttr the omit bi Ibis indLut mt to rtqWrc* iN WMO-55 WRMOIV,the PWXY of the Rut;kct has duV eimuteil this deed t1w 4qV and ywr first above Written, THIS INDENTURE,made the day of 2013 BETWEEN Jeannette D.Case,as TRUSTEE of a Trust created by Donald H.Case,Deceased,dated July 19,2001, residing at 13180 Oakrnount Drive,Apartment 1,Fort Myers,FL 33907, a party of the first part,and 41gN3 LJrFf Todd Freed and Edith Webster-Freed, as , residing at 1200 Fifth Avenue,Apartment 9A,New York NY 10029 party of the second part, WITNESSETH,that the party of the first part,in consideration of ten 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 description attached hereto) Being the same premises which was conveyed to Donald Case,Donald G.Case,Deborah Ann Kaminski and David R.Case,as tenants in common by Deed dated December 1,2000,recorded March 7,2001,in Liber 12106 Cp. 108. Grin 51 rnkl fCvn PCU s�/ Being the same premises known as and by number 12400 New Suffolk Avenue,Cutchogue,NY. TOGETHER with all right,title and interest,if any of the patty of the first part in and to any streets and roads abutting the above described premises to the ccnW lines thereof;TOGETHER 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 pally of the second part forever. AND the parry 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,covenants 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 io the payment of the cost of the improvement before using any part ofthe total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of the indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year First above written. Title No.ADA-2455-S SCHEDULE A-DESCRIP'1'iON parcel l ALL that certain plot,piece or parcel of land,situate,lying and being in the Hamlet of Cutchogue, Town of Southold,County of Suffolk and State of New York;being more particularly bounded and described as follows: BEGINNING at a point on the northerly side of New Suffolk Avenue at the intersection of the northwesterly comer of the subject premises and the northeasterly comer of premises now or formerly of The Plimpton Family LLC; THENCE along the northerly side of New Suffolk Avenue South 76 degrees 58 minutes 20 seconds East 115.75 feet to land now or formerly of Carruthers; THENCE South 13 degrees 01 minute 40 seconds West 444.51 feet to the mean high water line of Great Peconic Bay; THENCE along the mean high water line of Great Peconic Bay North 68 degrees 42 minutes 01 second West 117.11 feet to land now or formerly of The Plimpton Family LLC; THENCE along said land North 13 degrees 02 minutes 50 seconds East 427.66 feet to the northerly side of New Suffolk Avenue at the point or place of BEGINNING. parcel 2 ALL that certain plot;piece or parcel of land,situate,lying and being in the Hamlet of Cutcbogue, Town of Southold,County of Suffolk and State ofNew York,being more particularly bounded and described-as-follows: - 13EGDMG at a mommnnent on the northerly side of New Suffolk Avenue at the northeasterly comer of the premises described herein and the northwesterly corner ofthe premises now or formerly of Shawn and Nicole Fitzgerald; THENCE South I3 degrees 01 minute 40 seconds West 449.31 feet to the mean high water line of Great Peconic Bay; THENCE along the mean high water line of Great Peconic Bay North 68 degrees 42 minutes 01 second West 33.35 feet: Title No.ADA 2455-S Schedule A-description Page-2- THENCE North 13 degrees 01 minutes 40 seconds East 444.51 feet to the northerly side of New Suffolk Avenue; THENCE along the northerly side of New Suffolk Avenue South 76 degrees 58 minutes 20 seconds East 33.00 feet to a monument and the point or place of BEGINNING. Exhibit D4 - 2014 Change of the Tax Code for the ROW property from "Road/Str./Highway" to "Vacant Land" From the Tax Map Division Documentation that are still available. Many Tax Map Division records were destroyed. ni g _ �� y ''"o,"' i�''y =.n, °°O'.�` ' .��d.sryarN, .a;§ .�.7fii.�`�'"'s"%5•,tly"e.,�;;} %�sf�,,.,,^;„�y',°an :�' '.%�n- e,�, .2cr,�n„�,„,e�.t',;,,� � � e •'YID a' g y Above is the Tax Roles Change in 2013 enacted, according to the Tax Map staff, by unknown requestor by unknown procedures based on "secret” documents, evidently to facilitate the real-estate fraud. Exhibit D5 - The Attorneys' perjuries used to get illegal permit for the "Illegitimate.Property" after the "Fake Split" PATRICIA C.MOORE 4F Law Tel 163 S 7 6 5-43 30 N14 FAX: (fill)765-4641 entail:20 &00 t �,Co Michael 1. Vwty,r3tief Budd*g fmpeitLor Town of SoulhokhTown.MI Annex Building :54375 Routz 25 RO, Box 1179 &Yuftld,KY IJ971 RE: F-med PgreA at tZ100 N&W Saffblk Aventle,CutchftUg,N*W'Y0rk SCTM 1000-t 16-06m32.1 DL-2T Mr.Verffr At Town'Attonmy Pipmpn's sugrstion,t w0ft tocaTift,in my c2pwlty as&t Frft&' art"tiey whe4 *wy pomhwed tho obove-Tetmomi prap=ly (the -PEOPOty") and iD L-cjrjtsectjon with OwiT appikqckm lor a buiEd-ing p.-rmk,that be splitting n-f SCENT 10C&I 16-C6-12 anta, two tax lot mmtcrs (12,1 and 12.2i was cturted in connaction with the,cLosing of the FroW vmhost:of Me Property and wu=in any way hdoWed to(tom did it)create two JoLs. There it been no qubdivWan,wx do the FTftds lm- vc any deskm oT intarA to subdivide the property. 11w PrWeay jS an pWMI wL4h two J='rnap nuMbe=(MsaroeLin*N 4UPr-*--M in.om Town,With no effect on,ffie abiLity to 6auaa huUdijLS tit). edit Lyr I am I te,ry b y ib ro 1 t t i A 84-W"cy of did J`r4Ypwqy ft i do Biwa A Let 12.1( Otows t2-2%epumcd- by a dwhed.1*1 withtbe numap of t1w Suffolk CoMy Deparunemt of Hedth &-rwxing their approval fw Lot 11 L, Given dr-delays todate,,,we Sri apiweelatt ywt depetwWat cnvdhis.the issaame of the building penmit for*UX U.L Fteaw ICA we know if You have any 14westiom, V C46Y L"TU t Y yga cc, Maitin Futnegan,E&q-Town Aatotncy Amhany Pasca,Esq.,Esselm,HefteT nod AnrJ LLP PATRICIA C.MO Alowrey 9 IAW 51mmainkmd SovffiaFd,'New Yark 11971 Tdj (631)765-4330 Fax:(631)765-4443 L j SEP 2.7 ?G14 Saptombet 22,2014 Town of Southc4d Tax Assmew Main Rood Southold NY 11971 hand&Umed pR6MlS5S: 12400 NEW SUFFOLKCUTCHOGUE SCTM,. 1G0&-IIG4%- Dear Mike, Viffib reference to the above,erK*ned pdease find the affidavit of Tod FreEd per yourrequmt Very truly yours, Patricia C.Moore PCM/bp Jnr Cr Twin Aflorney Building DopL AFFIDAVIT OF TODD F,f FREED 1,Todd F- Freed,be-jag duty 4-mm,dcp* and says; I I am aft asummy adudftd to cgiw in the State of New york. I am ft owner,together with my wife,Wth Webeter-Frees of a parw]ormW pmpedy Immed at 12400 New Suffolk Avetme in C'mebogm,New York(1bc4?mVcTtn and I am familiar Wilb all of the fku W14 CiTcums tamem set Cwth in this affi&vtL 3, My vAfe Pad I m4gired fom,fidr.to our property by d dated lm=y 7,2013 and rcoor&d in ft Office of(be Suffolk'Co=ty Clerk an JAmu&Y 22,23I 3 at Ubw 1271&Pao 264, 4- When we pumbased ow Propeiny,it was indextA by ft County as SWrolk Ck=ty Tax Map No,JO9-116.00-09.0 -012. S. Sometime a;Rcr the dccdbg ofour purduft of the Prove*.4hc Prqpwty WOS asaigm%d two tax tm numbem narocty 1000-1 1&00-KO"l 2.1 ri-Lat 12,1" )and 1000-1 Kocx, 0&0"12,2("Lot 112-23-), 6. ne sptitting of Suffatk Counly Tax Ump No. 1000-1164)6-12 into two taxlat numbers(Lat 12,1 and Lot 12-2)was Offiectuated in cxmnccfion Wilb our closing of dwpurchnse, of 1he Pmpegy moi,, *at In any way jafta4ed to(nor did it)amte mo separam EOU, 7. 1,Itwv has bean no subdiMsim t3f thc Property,nor do my wife or I have any, de*im or intmt to suMvidc the Prolmay, S. Thc Propeny is cmep3mic�with two m cftp rimbers(as smam=happms in 1hc TGWR)- Todd EL F:rzcd swom to Wrmc me OW_eday v(Soptember,2014 rZ.,21 R -R OWY Zic, Exhibit D6 e Edith Freed emmail, dated May 30, 2012 Transcript of the May 30, 2012e-mail: From: Edith Freed To: Ileen Truglia, the real-estate agent: "Ilene. Our lawyer has heard from the title search company as follows: I just heard from my title search company: the property is 11 S' in width. The 30'road does not belong to the sellers, it shows "1932 Estate of Rickham Case" ... cont " The above is the indisputable evidence of the fraud, notwithstanding the other possibly criminal activities involving alleged corruption of the Tax Map Division of the Suffolk County, corruption of the town of Southold and possibly corruption of the Suffolk County Supreme Court. At minimum the attorneys have committed multiple acts of perjuries by way of them swan affidavits. Exhibit D7 - Title Searched of all the parties involved in the transactions involving the stolen ROW property Page 2 - ROW owners Title Search, showing that Applicants have no interest of any kind whatsoever in the ROW property. Page 4 - Applicants' Title Search, showed that Applicants have,no interest of any kind whatsoever in the ROW property. Page 7 - Sellers Title Search, showed that Applicants have no interest of any kind whatsoever in the ROW property. All the Title Searches agree that Applicants have no interest of any kind whatsoever in the ROW property. i SPANO ABSTRACTSERVICE CORP. WWW.SPANOAMTRACT.COM 370 Old Country Road,Suite 100,Garden City,NY 11530 (516)294-7037 / Fax(516)742-9375 SPANO ABSTRACT SERVICE CORP. HEREBY CERTIFIES TO THE TOWN OF SOUTHOLD, SUFFOLK COUNTY,NEW YORK THAT it has caused a chain of title search to be made in the Office of the Clerk of the County.of Suffolk,State of New York,from February 10,1869 through the date of this Certificate,against the Premises being a parcel of land 33 feet(2 rods)wide,extending from the southerly side of New Suffolk Avenue to the shoreline of Peconic Bay, presently shown on the Suffolk County Land and Tax Map as Parcel Number Distract 1000 Section 116.00 Block 06.00 Lot 012.002. Said search has been conducted for the purpose of determination of the identity of any party or parties which may have a fee interest or easement interest in the premises searched. The premises under examination was part of a parcel of 150 acres,more or less, conveyed by Elijah Landon to Nancy F.Case by deed dated February 10,1869 and recorded May it,1869 in Liber 159 Page 193. In her Last Will and Testament,Nancy F. Case devised"...unto my sons George H.Case and Wickham Case all my Real Estate to be divided equally between them." George H.Case and Wickham Case were appointed as Co-Executors of the Last Will and Testament of Nancy F.Case. On January 2,1897 George H.Case and Wickham Case exchanged quitclaim deeds whereby portions of the Real Property devised toAhem by Nancy H.Case was divided between them. Pursuant to said deeds,each recorded March 20,1897 in Liber 455 Pages 153 and 154,respectively, Wickham Case acquired sole fee title to the Premises under examination(Lot 012.002), while George H.Case acquired title to the premises immediately adjacent to the Premises under examination(Lot 012.001). In his Last Will and Testament,Wickham Case devised all of his property,both real and personal,to his three children Oliver W.Case, Clifford T.Case and Ruth B.Case. Said devise vested fee interest in the Premises under examination,and fee title to all of the lands presently bounded by New Suffolk Avenue on the South;Linden Avenue on the West;North Fork Country Club on the North;West Creek on the East. Through a series of three deeds,each dated June 5,1952,between and among Clifford T.Case and Marion Case,his wife;Corrine B.Case(widow of Oliver W. Case);and Ruth B.Case,all of the various properties which lie north of New Suffolk Avenue were divided among the three parties. Each of the three deeds granted an SPANO ABSTRACT RACT SERVICE CORP. WWWSPANOABSTPACT.COM 370 Old Country Road,Suite 100,Garden City,NY 11530 (516)294-7037 / Fax(516)742-9375 easement over the Premises under examination for passage on foot from New Suffolk Avenue to Peconic Bay. There are no subsequent deeds terminating any easement rights or conveying any fee interest other than the deeds in Liber 12718 Pages 263,264,265 and 267,discussed hereinbelow. As of the date of this Certificate,fee title to the Premises under examination(Lot 012.002)is vested in the heirs,devisees,successors and/or assigns of Clifford T.Case, Oliver W.Case and Ruth B.Case,subject to the easement rights appurtenant to the various premises presently known as Lots 003.000 through 009.000,011.001,012.000, 013.000,014.000,016.001 through 021.00,022.001,022.002,021.003,025.001,026.000 and 028.001 in District 1000 Section 116.00 Block 02.00 on the current Suffolk County Land and Tax Map. A series of deeds describing the Premises under examination,all having been recorded on January 22,2013 in Liber 12718 Page 263,264,265 and 266 were each delivered by Grantors with no apparent fee interest in the Premises under examination. None of the aforementioned deeds contains any recital regarding the Grantors'source of title for the Premises under examination.Tism any finds no title ve in Todd E.Freed and/or Edith Webst eed by virtue of the aforemen one or by virtue of any other instrument in the p`u-5i record. Copies of all documents referred to herein are attached hereto. THIS company's liability is limited to One Thousand($1,000.00)Dollars for any reason whatsoever. No policy,of insurance is to be issued hereunder. SP O AB C SERVICE CORP. y IOMAS E.GAFFNEY Assistant Counsel Dated:May 21,2014 Title No.SS9849 DEFENDANT'S XI'IISIT fo, ab it 9M Be.Ve�' .. r ti Q�SC1 aaEFt AF tMad � 1II ;lVY1y �#1�-o 1�.'��rna� l �M ��;.;�►��s��r.� `��,�'a►»f t�tn�r�,��►r►�i�' pea .e � �-. ��i �� - ;�•- ,� ,�� DEFENDANTS E1mff �l�-'l�•/�f M� 4 �ett � �Gb� ftrtl ;iiltli��f2filtl�i Suffolk � flim Attire" sow e r OWN Xt var Zatffi�X��,t�3f�l��rr3� � € f •�� tfe�`.�re�at rift 44 100 ba s:=.`.�a�a<.��'`t�'it�i�u:�i��p?�',��' �►�'��;t��ll%.s'��1,��i��itdll� eve►�4��6�� -��C��t `�:�� i�' �1'Q'��Sit�,�o.,�tlrer °fi'dXrf•�N(�lk'��i,�l�'r'i��i�F�'�'1�`i�lfiE �-��' lal=.i�p1��Af �v� erg,i��t1��►�'fh� �a,��I�I±�. ��rof fft�'.��,p� �c�'+alx+ s��'nf�l��ut�a�►��1�'t��:��;�1�p��y i way0oacg6o ;cow0aaio"0',q#ooAw#fR 8',case: Ohm offma two eliiiffiNNew%Aad"AwI '! A� 44"TROAN NO OHM t 6W RM h 000000 60 tw.994booffiffielftildrW WW wob �a��yr��r� ��yyyy,,�;i��'�,,��t�'1fi+��`•, iy� �id�, p��"�'�b��'s:��/�a 4 - iwrom a•0.94.00 WWI Ali, -powqjy ' maw dhd iw�� s'i�,B'�t �F�� a'ss�di��r•�c-t��e�r�x,�xdf�i?s's�:��iiPoi�eal' aixow, i . All County Abstract,Inc. 87 Covert Avenue Floral Park,NY 11001 (516)352-7353 (718)470-9250 fax(516)775-1056 allcountyabst@oim inenet Paul Loomi%Esq, July 17,2012 450 Seventh Avenue Suite 2304 New York,NY 11001 Re: Case Premises: 12400 New Suffolk Avenue Cutchogue,NY File: ATTY-1644-S Dear Mr.Loomie. Please be advised that this office has searched the records of the Suffolk County Clerk's Office for the last fee owner of a Right of Way Easement,which measures about 30 feet wide(2 rods),located on part of the premises known as 12400 New Suffolk Avenue,Cutchogue(District 1000,Section 116,00,Bloch 06.00,Lot p/o 012.000). By deed dated 01/02/1897 recorded 03/20/1897 in Liber 455 Page 154,title to all of Lot 012.000 was conveyed by Wickham Case to George Case. George Case had then died on 06/17/1932,as per Suffolk County Surrogate's File 297P3932. The Last Will and Testament of George Case specifically devises the fee ownership of the premises(all of Lot 012.000)to Harrison Case,Henry Case,Russell Case,Ralph Case,and Norman Case. By deed dated 07/11/1979 recorded 07/20/1979 in Liber 8662 Page 269,part of Lot 012.000(measuring 115 feet wide)was conveyed by Madeline Case to Russell B. Case. By deed dated 11/20/1979 recorded 12/10/1979 in Liber 8743 Page 151,part of Lot 012.000(measuring 115 feet wide)was conveyed by Ralph H.Case.Russell B.Case individually and as executor of the Estate of W.Harrison Case,and Alice W.Case to Russell B.Case. By deed dated 09/11/1983 recorded 10/12/1983 in Liber 9440 Page 141,part of Lot 012.000(measuring 115 feet wide)was conveyed by Ralph H.Case to Russell B.Case. By deed dated 09/01/2000 recorded 03/07/2001 in Liber 12106 Page 108,part of Lot 012.000(measuring 115 feet wide)was conveyed by Richard K.Case as executor of the Estate of Russell B.Case to Donald Case,Donald,G.Case,Deborah Ann Kaminski,and David R.Case. All of the above deeds do not convey the full lot width, would therefore not include the 30 foot Right of Way Easement(2rods). This office finds that fee title to the 30 foot Right of Way Easement(2 rads), located on part of Lot 012.000,is held by the Estate of Harrison Case,the Estate of Henry Case,the Estate of Russell Can a/k/a Russell B.Case,the Estate of Ralph Case,and the Estate of Norman Case. If you have any questions concerning the foregoing,please feel free to contact me at your earliest convenience. V ours, Matthew Schoenfeld enol/ Exhibit D8 - Article 718 corruption lawsuit against town of Southold an its officials Excerpts from the lawsuit: At an ISA Terni,Part of Tile Supreme Court of the State o(New,YorL,held in and for the Couniv of SiatTolk at tht courthouse thcrefore located atj Court Street,Riverhead New York,on I of )QN f. N6 +f'2014 P rfw n t. JOSEPH FARNET) HON_ Ac" Justice of the Supreme Court SUFrOLK CotJNTY SI)PREME COURT STATE OF NEW YORK ——------- --—---------- lit — zz 3 ,301 Zark-o Svatovicdnclex No, -_---- Petitioner,pro-se -against-. ORDER TO SHOW CAUSE WITH TRO - J'own of SoutboK- Scott Russell', IN THE CPLR ARTICLE 78 Martin Finnepti:Michael J_Vea/ CIVIL AMON Respondents, ......................... UPON reading and f1fing the annexed affidavit of Zarko S%-atovic,sworn to on November- 13 2014,and die exhibits annexed thcrd(y, LET Respondents or their attorneys sbow cause before an&'Pn* Te rnL –7 of the .Supreme Court of the State of New York,110s. JOSEPH 1FARNE117 to he 114 at the Suffolk County Courthouse,I Court Street,Rivcthcad,New York,on i _21 0 2014,at 9:30 AM,or as soon thereafter as the partics or their counsel can beheard,,Nvhy an order should not be granted permanently rescinding building permit#392(11,issued on September 212014 by the Southold Building DepmIrnent,issued with 1,48 utuier undue influence frorn the outside entities,and in vie ,tiation of reXqotjahjy acceptable standards of accuracy,and in violation of the town procedures,and in violation of due process,anA based on faulty and fraudulent material facts',PcfilioAer is asking that: a)the building pewit 939 GE W_revoked in its entirety�ctTwllivv intrnediately:and b)the Southold town be ordered to enforce the compliance.,,stopping immWialely all of file activitics associated with the permit#39201- c)the Southold jo%iielected officials be compelled to re-q*tVd ill writing to Petitionces inquest made on Oictober 7,21114 to rescind the iticgul pr nilif #MOI,=- d to address the submitted cvidence whicli shows,unambiguously that the pemilt#3920 1should have not been issuied and it stwuld havc bccn r"oked an the Plaintiffs rawest ACCE14119 W the(Own Of',kluthOld Building Code&144-12 Administration provedares. ORDEMO AND ADJUDGED that-a TEMPORARY FNG ORDER n2 th, -rcby byacd-restraining as appliCable. e regArding the permit#3V20 I is hi. IW ING ORDER a)the buijKling pennitd in its entirety 44tive it, Lt-I 1 r, t� outhold ttAvp to be o dgm.UqMLfi=e ;jj,kqjv-acrjv'jtja associated with permit 0 5922, SUFFICIENT REASON APPEARING THEREFORE,smvice of this ORDER, tOgCdICT With the papers upon wbirh it was waited,made upon Pespondents' kwpje"b, 2014,sW I be, deemed goudwasuy IFviwl ENTER: SUFFOLK COUNTY SUPREME COURT STATE OF NEW YORK ------------------------------------------------------x S-� Zarko Svatovic Index No. /4 22 Petitioner, Pro-se -against-. Town of Southold; Scott Russell; AFFIDAFIT IN SUPPORT Martin Finnegan; Michael J.Verity Respondents, ------------------------------------------------------x Zarko Svatovic, being duly sworn,deposes, says and alleges: 1. I am Zarko Svatovic,.Petitioner/Plaintiff Pro-se in this lawsuit(from here on referred to as Plaintiff,tel. 646-232-6663, svatovic(a hotmail.com).A prior application for the relief requested herein, OSC with TRO, has not been made(statement to CPLR 2217(b))' 2. 1 live in New York City,250 Mercer Street,NY 10012,and I am co-owner of 12355 New Suffolk Avenue property,Cutchogue,NY 10935,with deeded rights to the Right of Way (ROW) property located between 12400 and 12600 New Suffolk Avenue addresses. I use the said premises as a weekend house. 3. The one-hundred-years old ROW property I have deeded rights to use was made to disappear by the issuance of the building permit#39201. (See Exhibit A) 4. I am familiar with all the facts and circumstances set forth in this affidavit and the facts stated in this Article 78 petition. 5. 1 make this affidavit in support of Order to Show Cause with Temporary Restraining order in this CPLR Article 78 civil action,requesting that a)the building permit#39201 be revoked immediately in its entirety; and b)the Southold town be ordered to enforce the compliance by immediately stopping all of the activities associated with the permit#39201. 6. The building permit#39201 was issued to non-existent property, defined by a fraudulent survey and deeds that are evidently not only faulty in terms of material facts but also,because of the way they are used, are clear forgeries. See Exhibit A-Fraudulent survey of non-existent property for which the building permit #39201 was issued. (The employed deception relies on the reader not understanding that dotted line on the survey means that the property consists of only one lot.) See Exhibit B- Irrelevant Quit Claim deed accepted as the proof of ownership with an illustration showing what the deed actually points to. (The employed deception in this case relies on the reader not being able to read and understand technical description of the Quit Claim deed. However, even if the Quit Claim pointed to meaningful location it would still be just an irrelevant Quit Claim,Liber 12718 Page 267.) See Exhibit C-The applicant for the permit doesn't own the property for which the permit#39201 was issued, as shown by the Title Search agency findings. (The applicant submitted not a single piece of credible evidence in support of ownership of the property for which he got the building permit for. The building permit was issued based on applicant sworn affidavit stating that he owns the property and nothing else of credible significance) See Exhibit F,sub-Exhibit C-The application for permit and the permit approval follows no discernable procedures or any rules. 7. On March 17,2014 Building Department, Town Board and the Town Attorney's office were informed and given evidence explaining the fraudulent documents and surveys used to obtain previously issued illegal permit, Permit#8179A. All the three agencies simply ignored Plaintiffs request to rescind the illegal permit#8179A issued to the applicant retroactively, after the applicant already performed the illegal work on the property he doesn't own. The agencies refused even to review the Plaintiff submitted documents. Evidently the illegal permits for special clients are issued during backroom deal sessions in consultation with special clients' lawyers, in this case Patrcia Moore, and the deals are subsequently blessed by the town Attorneys Office to make it sound legal. The same documents, self evident forgeries,were used to procure the permit #39201 issued on September 22, 2014, evidently supported by a direct intervention from the Town Attorney Office,Martin Finnegan,to material benefit of one party(special client)and against interests of another party(ordinary citizen),the material damage estimated at half a million dollars worth of stolen real-estate property. See Exhibit F, sub-Exhibit H-Letter to Building Department documenting Finnegan's improper if not illegal intervention. All the relevant Southold Agencies were informed of wrongdoings in advance of issuing of the permit#39261. Therefore,the issuance of the permit#39201 constitutes not only a gross negligence but a deliberate subversion of the permit process for material gain of one citizen at expense of the others, strongly suggesting presence of a blatant corruption in the township of Southold. See Exhibit D-Notarized letters,submitted with evidence,mailed to agencies of the township of Southold involved in the permit issuance process, as mailed on March 17,2014 informing of the ongoing FRAUD. rv - S. The evident bias, gross negligence,influence peddling,lack of even the most minimum standard of accuracy and disrespect of town codes and procedures shown during the process of issuance of those two permits by the Town of Southold indicates serious corruption in the permit issuing process. The named Respondents/Defendants are not necessarily directly responsible for any specific acts of wrongdoing or violations but are responsible based on their function. 9. Scott Russell was fully informed around March 17,2014 about the Tax Map scam with fake split of the property intent on the land grab of the ROW-property. To the best of-my judgment Scott made an honest effort to resolve the problem but as I understand he accepted judgment and advice of the town Attorneys Office as valid even though I pointed out to him that evidence suggested that there is corruption in the town and that the evidence points to the town attorney's office. Scot response was: "If you believe that there is corruption in the Southold town Attorney's Office you can address it by contacting District Attorney Office". On the face of it,this sounded as a valid advice except-for the fact that Scott is the town supervisor and an elected official. The town Attorney's Office works for him, so the town supervisor is indirectly responsible. However,the township took no action and denied me any formal response to my request to revoke factually wrong and therefore illegal first,permit#8178A. On October 7,2014 I requested from Building Department,Town Board and the Town Attorney's office to rescind the next illegal building permit#39201 issued based on faulty material facts and fraudulent documents to the property defined by a fraudulent survey,a fictional construct that DOES NOT EXIST. I received no response other than the vague promise with no time limit from the Building Department, stating informally that they will look into it and that everything will depend on the-town of Southold Attorney's Office whose advice they are compelled to blindly fallow. I soon concluded that like in the case of my first request the second request will be also simply ignored by the town, evidently on the advice of the Town - Attorney's Office which seems to be running this town and issuing permits. At November 5,2014 Town Hall Meeting, I addressed the full town board demanding an answer from the governing bodies to my request made on October 7, 2014 to revoke the obviously illegal permit#39201. The town supervisor Scott Russell and the town attorney Martin Finnegan,advised me then that my only realistic option is to,start Article 78 proceedings against the town,of Southold. This was the only answer I got from the town of Southold and evidently the only one I was to get. Alternatively the Town Board could have and should have: a)reviewed the evidence I submitted and seek a competent and uncorrupted advice to explain the evidence; and b)revoke the illegal permit#39201 according to the Southold Building Code&144-12 Administration book which demanded such action. See Exhibit E-Excerpt from Southold Building Code&144-12 Building Administration Code. 1 attempted to argue the board decision and advice but I was denied opportunity to speak any further,which on a second thought was also violation of my rights. This Article 78 legal action is in a direct response to November 5,2014 full Town Board decision and advice in response to my October 7,2014 request. 10. Martin Finnegan,the second Respondent/Defendant, was fully informed around March 17, 2014 about the Tax Map scam with fake split of the property intent on the land grab, as well as about October 7, 2014 request to revoke illegal permit #39201 he approved by his improper if not downright illegal intervention into functioning of the Building Department. Town Attorney's office was involved with issuance of both illegal permits and according to the staff of the town of Southold governing agencies I spoke with, the town attorney's office took steps to ensure that the illegal permits can not be revoked,reviewed or even challenged. Even the town compliance inspectors were instructed/muzzled, ordered not to communicate or respond. The town Attorneys Office never officially responded to any of my inquiries or requests while at the same time the town Attorneys Office was evidently,at my expense and expense of other taxpayers,the evidence shows advising the opposing private interests on how to subvert the Southold township permit system and obtain the illegal permit#39201 for the property the applicant does not own. The town Attorneys Office,under management of Martin Finnegan, effectively blocked the request for review and reconsideration of the permits, first and second one. With those interventions, disguised as "legal advice", evidence suggests the attorneys are obstructing proper functioning of many of the local government departments,the staff too intimidated to do their job properly. The building inspectors,the Tax Assessors and other town agencies which were contacted about various violations entirely ignored Plaintiffs requests also upon receiving the town attorneys "legal advice", in effect a legal threat in defense of their "special client",the applicant for permit#39201. A strong evidence presented in this case suggest that the town of Southold and specifically the Attorneys Office is corrupt,obstructing proper functioning and the governance of the township of Southold. See,Exhibit G-October 13,2104 letter to the Town Board-with evidence and exhibits and the request to revoke the illegal permit#39201, sent on October 7,2014,to all the pertinent government agencies. 11. Michael J. Verity,the third Respondent/Defendant,was fully informed around March 17, 2014 about the Tax Map scam with fake split of the property the purpose of which was the land grab, and was served with October 7, 2014 request to revoke illegal permit#39201. Even though the Building Department actually issued the illegal permit #39201, Mr. Verity is evidently the least responsible for issuance of the illegal permit#39201 because ofthe undue influence of the town Attorneys Office which is evidently, in effect, responsible for issuing or denying the-permits. WHEREFORE,the Petitioner/Plaintiff respectfully asks the court to award requested relief,the court to compel the town of Southold to revoke the building permit#39201 in its entirety, based on the town building-codes, effective immediately; and compel the town of Southold to enforce the compliance, stopping immediately all of the activities associated with illegal permit#39201; and compel the Southold town elected officials to respond in writing to Petitioner's request made on October 7,2014 to revoke permit#39201,the response to address the submitted evidence that shows unambiguously that the permit#39201 was issued illegally and should have been revoked upon request to revoke according to the town of Southold Building Code&144-12 Administration; and sanction the responsible officials for failure to perform their jobs; and sanction the responsible officials for bias,treatment of citizens; and award Plaintiff compensation for the cost and expenses of this legal action; and grant such other and further relief as the court may deem just and proper. (� sworn to a me I s� (.2-01`i'.r � Not Zarko Svatovic, 250 Mercer Street MICHAEL BARBER NYC,NY— 10012 Notary Public,State of New York No.01 BA6257437 Qualified in Bron Gouty` Commission Expires Exhibit D9 - Warning letters about the fraud March 17,2014 TO: Board of Town Trust Town Hall Annex 54375 Main Road P.O.Box 1179 South ald,NY 11971 1 Att. James F. King.President Boli Ghosio Jr.,Vicc Prcsidcnt RE: ILLEGAL PERMITS ISSUED for NON-EXISTENT PROPERTIES at 12'400New Suffolk Avenge address, Culchogue,NY— 1193 Prior to 21013 the proms was associated with Tax Map#1000-116-6-12,0 ThQ,px_otwAy w s ILLEGALLY split into tQ00-11 -.12,1 & 1000-1 1 - 2.2 AtTnW1'wrt.THE 1' U C..11E1 1UNG LOT Dear Sir, This tetter is to bring to your attention that on Nlay 15#2+ 13 the Board.of Trustees among others permits,issued an illegal Administrative Permit,#8178A..referring to an illegitimate property or non-existent lot#1000-1116-6-12.2.The Tax MV was UNLAWFULLY changed in 2013 bawd on forged documents.The said unlawrftal activities arc pW of an oneoing fraud with the goal ot"sLg9tin&a hM]f ax afaillion dollars j%p 2 waaterfrout Beal estate p rtw in 9_suict~Q1 we. Please review attached: Let#er to Pauicia Moore 3a�ax flap I�rv�ioat Please REVOKE ASAI*all the illegitimate permits issued to the 12400 Now Suffolk Avenue property atW all the relevant tetters to Patricia MQG"e in order to stop the unlawful work.IU 19 1 & 12.2 are FRAQP ilo NOT EXI&E, The unlawful activities involve forging ofde0s,„fo _g surveys and other documents and took plaa;e over a span of more than a yc r. *since it is not clear whether all the aspects of the fraud have been understood,ever piece of ilaftarnlatiOn rgxding the 12.00 New SufTolk la venue properry must be treated with s"picion- in the aturhed materials,Exhibits A to G,please find the docam`lcnLs wa;are a%wa of that aaecl to tie rew.roke& The integrity of our goveming is fundamental to the health of our your , cc Town Attorney 1� folr Southold Town Board � +� . PO 12355 New Suffolk Avt., Cutchoguc,NY— 11935 t611t,DFt 1 Ft td t*Utavr yJ " acr k oatHyFis dts;;rtYf�xtCr: r^1 >Vt 3E,j014 � Uj aM '011y4ptEid Ma M March 17,2014 Town Attorney's Office Town Hall Annex 54375 Route 25 -P.O. Box 1179 Southold,NY 11971 Martin D. Finnegan, Town Attorney Lori M. Hulse, Assistant Town Attorney Jennifer Andaloro, Assistant Town Attorney RE: VIOLATIONS OF TOWN CODES ACROSS COUNTY DEPARTMENTS PERMITS ISSUED TO NON-EXISTENT or ILLEGAL PROPERTIES at 12400 New Suffolk Avenue address, Cutchogue, NY- 11935 Prior to 2013 the property was associated with Tax Map#1000-116-6-12.0 The Property was ILLEGALLY split into 1000-116-6-12.1 & 1000-116-6-12.2 ANNEXING THE NEIGHBORING LOT This letter is to bring'to,your attention an ongoing FRAUD regarding 12400 New Suffolk Avenue property and resulting illegal activities in the Southold and Suffolk County government departments unaware of the FRAUD. The-objective of the said conspiracy to commit fraud,the unlawful activities involving forging of deeds, forging of surveys and other documents, is to legalize the theft of the Private Road property. The stolen propegy is a 100-year old Right of Wu(ROW), adjacent to the former property of Donald and Russell Case, the said ROW owned by subdivisions of the Wickham Case estate. Wickham Case family is separate branch of unrelated to the Donald and Russell Case family. -Please review the attached: Letter to Tax Map Division with exhibits _ Letter to Health Department Letter to Board of Trustees with exhibits Letter to Patricia Moore Letter to Building Department Letter to Southold Tax Assessors Your intervention is urgently needed and a timely response would be appreciated. Please do not hesitate to call me if you have any questions. T s r yoursip" ' f , cc Southold Town Board Deed holders to the ROW Zarko Svatovic, 646-232-6663 rt�w 12355 New Suffolk Ave., Cutchogue,NY— 1193 5 ,(,� 2vly, MILDRED HENRI01lEZ X12 r I Notary Public,state of New York S.(i✓�'`^-� No.01 HE6147148 sirJ m New fork County Commission Expires May 30,2014 March 17,2014 Town Board 53095 Main Rd P.O. Box 1179 Southold,NY 11971 Att. Russell, Scott A. Town Supervisor Ruland, William P. Deputy Supervisor Evans, Louisa Town Board Member RE: VIOLATIONS OF TOWN CODES ACROSS COUNTY DEPARTMENTS PERMITS ISSUED TO NON-EXISTENT or ILLEGAL PROPERTIES at 12400 New Suffolk Avenue address, Cutchogue, NY- 11935 Prior to 2013 the property was associated with Tax Map#1000-116-6-12.0 The property was ILLEGALLY split into 1000-116-6-12.1 & 1000-116-6-12.2 ANNEXING THE NEIGHBORING LOT This letter is to bring to your attention an ongoing FRAUD regarding 12400 New Suffolk Avenue property and resulting illegal activities in the Southold and Suffolk County government departments who are unaware of the FRAUD. Please review the attached: Letter to Town Attorney Letter to Tax Map Division with exhibits Letter to Board of Trustees with exhibits Letter to Health Department Letter to Building Department Letter to Southold Tax Assessors Letter to Patricia Moore Your intervention is urgently needed and a timely response would be appreciated. Please do not hesitate to call me if you have any questions. Th s for your he , ` 1 CC. Deed holders to the ROW Zarko Svatovic, 646-232-6663 12355 New Suffolk Ave., Cutchogue,NY— 1193 5 CA N . y . MILDRED HENRIQUEZ Notary Public.state of New York No.01 HE6147148 auairfred in New York County Commission Expires May 30,2014 March 17, 2014 Office of Wastewater Management 360 Yaphank Avenue; Suite 2C Yaphank,NY 11980 Att. Mr. Walter Hilbert RE: VIOLATIONS OF TOWN CODES ACROSS COUNTY DEPARTMENTS PERMITS ISSUED TO NON-EXISTENT or ILLEGAL PROPERTIES at 12400 New Suffolk Avenue address, Cutchogue, NY-11935 Prior to 2013 the property was associated with Tax Map#1000-116-6-12.0 The property was ILLEGALLY split into 1000-116-6-12.1 & 1000-116-6-12.2 ANNEXING THE NEIGHBORING LOT This letter is to bring to your attention an Ongoing FRAUD regarding 12400 New Suffolk Avenue property and resulting illegal activities in the Southold and Suffolk County government departments who are,unaware of the FRAUD. The stolen property is the Private Road property, a 100-year old Right of Way(ROW), adjacent to the former property of Donald and Russell Case, at 12400'New Suffolk Avenue,the said ROW owned by subdivisions of the Wickham Case estate. The Wickham Case family is separate branch of unrelated to Donald and Russell Case family. Please review the attached: Letter to Tax Map Division with exhibits Letter to Board of Trustees with exhibits Letter to Patricia Moore Letter to Town Attorney Please REVOKE ASAP all the illegitimate permits if any issued to the 12400 New Suffolk Avenue property. The lots 12.1 & 12.2 are FRAUD and DO NOT EXIST. Please do not hesitate to call me if you have any questions. Th s for your he , cc Southold Town Board Town Attorney Deed holders to ROW Zarko Svatovic, 646-232-6663 12355 New Suffolk Ave., Cutchogue,NY— 1193 5 io ,1 MILDRED HENRIGIUEZ Notary Public,State of New York No.01 HE6147148 - Quai;fied in New York County Commission Expires May 30,2014 March 17, 2014 Building Department Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold, NY 11971 Aft. Michael J.Verity, Chief Building Inspector RE: VIOLATIONS OF TOWN CODES ACROSS COUNTY DEPARTMENTS PERMITS ISSUED TO NON-EXISTENT or ILLEGAL PROPERTIES at 12400 New Suffolk Avenue address, Cutchogue, NY-11935 Prior to 2013 the property was associated with Tax Map#1000-116-6-12.0 The property was ILLEGALLY split into 1000-116-6-12.1 & 1000-116-6-12.2 ANNEXING THE NEIGHBORING LOT This letter is to bring to your attention an ongoing FRAUD regarding 12400 New Suffolk Avenue property and resulting illegal activities in the Southold and Suffolk County government departments who are unaware of the FRAUD. Please review the attached: Letter to Tax Map Division with exhibits Letter to Board of Trustees with exhibits Letter to Patricia Moore Letter to Town Attorney Please revoke any permits issued to any property referring to Tax Map ID # 1000-116-6-12.1 lot& 1000-116-6-12.21oL Before considering issuing any future permits to 12400 New Suffolk Avenue address please make sure that the property is legitimate. Please do not hesitate to call me if you have any questions! Th for your , cc Southold Town Board Town Attorney Zarko Svatovic, 646-232-6663 � �� 12355 New Suffolk Ave., L6 Cutchogue,NY— 11935 MIL DRED HENRIQUEZ NotaryNoState w York .01 E6147148 l _ Qualified in New York County March 17,2014 Southold Town Hall Board of Assessors 53095 Route 25 P.O. Box 1179 Southold,NY 11971 Att. Kevin W. Webster, Chairman Robert I. Scott Jr.,Assessor Richard L. Caggiano,Assessor RE: VIOLATIONS OF TOWN CODES ACROSS COUNTY DEPARTMENTS PERMITS ISSUED TO NON-EXISTENT or ILLEGAL PROPERTIES at I2400New Suffolk Avenue address, Cutchogue, NY-11935 Prior to 2013 the property was associated with Tax Map#1000-116-6-12.0 The property was ILLEGALLY split into 1000-116-6-12.1 & 1000-116-6-12.2 ANNEXING THE NEIGHBORING LOT This letter is to bring to your attention an ongoing FRAUD regarding 12400 New Suffolk Avenue property and resulting illegal activities in the Southold and Suffolk County government departments unaware of the FRAUD. The-stolen propgM is the Private Road property,adjacent to the former property of Donald and Russell Case at 12400 New Suffolk Avenue address. The said Right Of Way is owned by the subdivisions of the Wickham Case estate.The Wickham Case family is. separate branch of an unrelated family to Donald and Russell Case family. Please review the'attached: Letter to Tax Map Division with exhibits Letter to Board of Trustees with exhibits Letter to Patricia Moore Letter to Town Attorney Before considerine assessment of taxes for 12400 New SuffolkAvenue please make sure that the property definition is legitimate. Lots 12.1 and 12.2 are illegitimate. Please do not hesitate to call me if you have any questions! Th for your cc Southold Town Board ' Town Attorney Deed holders to ROW Zarko Svatovic,646-232-6663 12355 New Suffolk Ave., Cutchogue,NY— 1193 5 17/ Z-6/y MILDRED HENRIQUEZ " 1 Notary Public,State of New York No.01 �:��alified in New New York county ouirnission Expires May 30,2014 March 17, 2014 Ms. Patricia C. Moore,Esq. 51020 Main Road Southold NY 11971 RE: ILLEGAL PERMITS REQUESTED BASED ON FRAUDULENT DOCUMENTS IN REGARDS TO: STM# 1000-16-6-12.0 12400 New Suffolk Avenue property, Cutchogue, NY Dear Ms. Moore: Presenting forgeries as legal documents is a fraud, a criminal activity subject to the criminal code of law. Lawyers are held to even higher standards. It has come to our attention that you have been allegedly submitting a fraudulent survey issued by Peconic Surveyors, P.C., Lic.N. 49618 referring to the 1000-16-6-12.0 lot situated at 12400 New Suffolk Avenue. The said lot 12.0 is certified by Advocates Abstract Inc#ADA2455-S Stewart Title Insurance Company. Please review attached letter to Tax Map Division with supporting materials regarding: RE: ILLEGAL CHANGE TO THE COUNTY TAX MAP IN 2013 IN REFFENCE TO: 12400 New Suffolk Avenue property, Cutchogue,New York Suffolk County Tax Map#1000-116-6-12 By submitting the said fraudulent surveys, you have,perhaQs unwittingly, became part of an ongoing conspiracy to commit fraud in order to steal half a million dollars worth of waterfront real-estate property. To the best of my knowledge,not knowing is not an accepted excuse. A Supreme Court of Suffolk County,the case against the owners of the 12400 New Suffolk Avenue property is for now a civil matter but in due time it may become a criminal matter as well. 'ncergl ,- -- Zarko Svatovic, 646-232-6663 12355 New Suffolk Avenue CC. Deed holder to ROW Cutchogue,NY— 11935 Town Attorney svatovic@hotmail.com Southold Town Board y MILDR D HEN U Notaiv Public,State of New York No.01 HE6147148 �M� Qualified in New York County W ^ �) C/1-11- � � � Z0/� CommissimissinnExpires May 30,20i4 N rk 071*11tco Exhibit DIO N.Y. REGION Two Arrested as New York. City Focuses on Deed traud By BENAMIN MUELLER AUG.23,201.4 They wandered into New York City government offices this week, indignant at how the cogs of bureaucracy had slow'ed their grand plans of thievery. Lasharan Amos, 42, arrived on Tuesday at the New York City sheriffs office in Queens,. wondering jvIly the city was taking so long to give her ov,nership of a home that the authorities said in fact belonged to her mother. Two days later,Jethro Chappelle Jr.,a former convict who uses a wheelchair because of a gunshot wound, did the same, He tool-,an 'elevator to the i3th-floor City Register's office in Manhattan, 4emanding, to luiow,whv the city had not yet recorded two deeds he had filed for ab c andoned properties in Harlem. Ms.Aanos and-Mr. Chappelle were promptly, arrested and charged with various counts of grand larceny,per'ury and offering false statements to public officials.Their arrests were the first since June, when the Department of Finance,in coordination with the city sheriff's office, began flagging irregularities in a deed transfer sy-stem that has long gone unguarded. Working i6th con-upt notaries public, or sometimes simply by searching public records online,those inclined to have long been able to forge property deeds,claiming,for instance,to have taken ownership of a family member's home or a building that had long been neglected. As long as the documents were properly formatted,officials had little choice but to record the deed transfer. Exhibit D11- Lawsuit against Applicant Index No: 16-616129 claiming theft of ROW property ' YSCEF DOC. NO. 1� la RECEIVED NYSCEF: 10/14/201 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: ----------------------------------------------------------------------x ERNEST WICKHAM CASE, Plaintiff designates Suffolk County as the place of trial Plaintiff, The basis of venue is -against- Plaintiff's residence SUMMONS TODD E. FREED and EDITH WEBSTER-FREED, Plaintiff resides Defendants. at Meadow Lane ----------------------------------------------------------------------x Cutchogue,NY To the above named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiffs attorney within 20 days after the service of this summons, exclusive of the date of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear, judgment will be taken against you by default for the relief demanded in the complaint. Dated: October 11, 2016 Sayville, New York David P. Fallon LAW OFFICES OF DAVID P. FALLON, PLLC Attorneys for Plaintiff 53 Main Street, Suite 1 Sayville, New-York 11782 (631) 567-0340 TO: Todd and Edith Freed 1200 Fifth Avenue, Apt. 9A New York,New York 10029 I SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------------------------------------------------------------------x ERNEST WICKHAM CASE, Index No.: Plaintiff, VERIFIED COMPLAINT -against- TODD E. FREED and EDITH WEBSTER-FREED, Defendant. ----------------------------------------------------------------------x Plaintiff Ernest Wickham Case, by his attorneys Law Offices of David P. Fallon, PLLC, complaining of the defendants, states: AS A FIRST CAUSE OF ACTION 1. Plaintiff Ernest Wickham Case resides at Meadow Lane, Cutchogue,New York. 2. Ernest Wickham Case has an ownership interest in a parcel of land described as a private road two rods in width running from New Suffolk Avenue in a southerly direction to Peconic Bay being bounded on the north by New Suffolk Avenue; on the east by land now or fonnerly of Beverly King; on the south by Peconic Bay; and on the west by land now or formerly of the Estate of George H. Case, deceased, which lot is now designated on the Suffolk County Tax Map as 1000-116.00-06.00-012.2 ("Lot 12.2"). Lot 12.2 is further described in deeds recorded in the Suffolk County Clerk's Office in Liber 1682 p. 177, Liber 3363 p. 282, Liber 3363 p. 285 and Liber 3363 p. 289, and Liber 3427 p. 360. See description attached as exhibit A. 3. Defendants Todd Freed and Edith Webster-Freed reside at 1200 Fifth Avenue, Apt. 9A,New York,New York 10029. 1 „f Fa 4. All of the parties to this action brought pursuant to Article 15 of the Real Property and Proceedings Law are older than 18 years, are of sound mind and suffer from no disability. 5. Upon information and belief,the judgment will not affect a person not in being or ascertained at the time of the commencement of the action. 6. Certain property owners benefit from the easement granted in deeds recorded in the Suffolk County Clerk's Office in Liber 1682 p. 177, Liber 3363 p. 282, Liber 3363 p. 285 and Liber 3363 p. 289, and Liber 3427 p. 360, which easement granted access to the Peconic Bay and other rights over Lot 12.2. 7. In 2012, defendants Freed entered into a contract of sale to,purchase a parcel of property located in Cutchogue,New York which parcel is adjacent to Lot 12.2. See contract of sale attached as exhibit B. 8. Before the defendants signed the contract to purchase in 2012, defendants, through their attorney Patricia Moore, hired a title agency known as Advocate's Abstract to do a title search on the property which they wished to purchase which property is now known as Lot 12.1 and 12.2. 9. In 2012, the title agency informed defendants and their attorney Patricia Moore that the seller of the lots did not have title to the easterly-most portion of the property to be purchased which is two rods in length (33 feet), identified now as Lot 12.2 and which constitutes the property in which plaintiff has an ownership interest. 10. Steven Spanburgh, title examiner for Advocate's Abstract, issued a report which the defendants received, which established that the sellers did not own the easterly most portion of the marketed property; specifically, the property burdened by the easement which is two rods in length(33 feet), identified now as Lot 12.2. See report attached as exhibit C. 2 �F r,Q, 11. The sellers then obtained a report from a title company, which confirmed Steven Stanburgh's conclusion that sellers did not own Lot 12.2. That report was sent to defendants' attorney who informed defendants of that report. See report attached as exhibit D. 12. As a result of the title search, the Advocates Abstract, as agent for the title insurance company, would not insure title to the easterly-most portion of the property to be purchased, which is two rods (33 feet) in length, identified now as Lot 12.2. 13. Defendants could not and did not obtain title insurance concerning Lot 12.2. 14. Based on the seller's lack of title to Lot 12.2, the Freed's reduced their purchase offer by over $100,000. 15. Despite knowing that the sellers had no ownership interest in the easterly-most portion of the property to be purchased and that plaintiff has an ownership interest in Lot 12.2, defendants obtained from sellers' various deeds and recorded the deeds purportedly transferring Lot 12.2 to defendants at the same time that defendants purchased Lot 12.1. 16. These deeds were recorded on January 22, 2013 in the Suffolk County Clerk's Office in Libers 12718 p. 263, 264, 265 and 267. See deeds attached as exhibits E, F, G and H. 17. None of these deeds contained any recital regarding the grantors' source of title for Lot 12.2. 18. Two of the deeds to the defendants were quitclaim deeds, both recorded on January 22, 2013 in the Suffolk County Clerk's Office in Liber 12718 p. 263 and Liber 12718 p. 267. 19. Despite knowing that the deeds obtained by defendants as to Lot 12.2 were worthless, defendants recorded the deeds. 3 4 t� 20. Defendants are attorneys admitted to the practice of law in New York State and as such has special knowledge-that the deeds-for Lot 12.2 were without any basis and that the sellers had no ownership interest in Lot 12.2. 21. The deeds as to Lot 12.2 were false and defamatory, and were known to be false and defamatory when filed, but were filed by defendants willfully and maliciously with intent to injure plaintiff Ernest Case and his title and rights to Lot 12.2 as well as all other persons with title and rights to Lot 12.2. 22. By reason of the above,plaintiff requests a declaratory judgment declaring that the deeds recorded on January 22, 2013 in the Suffolk County Clerk's Office in Libers 1271.8 p.- 263, 264, 265 and 267 are void. 23. By reason of the above, plaintiff requests a declaratory judgment that defendants and all persons claiming under the deeds are forever barred from all claims to an interest in Lot 12.2. 24. By reason of the above,plaintiff requests a declaratory judgment that defendants and all persons claiming under the deeds are forever barred from all claims to a right to use Lot 12.2. AS A SECOND CAUSE OF ACTION 25. Plaintiff repeats the allegations in paragraphs 1-24 above. 26. Defendants' actions constitute a slander of plaintiffs title. 27. Based on the above,plaintiff is entitled to compensatory damages in a sum to be determined by the court and due to their malicious,bad faith and intentional actions, punitive damages in a sum to be determined by the court. 4 r, „-F 9P I WHEREFORE, plaintiff demands judgment as follows: 1. Declaring that the deeds recorded on January 22,2013 in the Suffolk County Clerk's Office in Libers 12718 p. 263, 264,265 and 267 as concerns Lot 12.2 are void; 2. Declaring that defendants and all persons claiming under the deeds are forever barred from all claims to an interest in Lot 12.2; 3. Declaring that defendants and all persons claiming under the deeds are forever barred from all claims to a right to use Lot 12.2; 4. Judgment against defendants on the second cause of action in a sum to be determined by the court together with interest thereon, and punitive damages in a sum to be determined by the court together with costs and interest thereon. 5. And such other and further relief as the court deems proper together with costs and interest. Dated: October 5, 2016 Sayville, New York David P. Fallo LAW OFFICES OF DAVID P. FALLON, PLLC Attorney for Plaintiff 53 Main Street, Suite 1 Sayville,New York 11782 (631) 567-0340 5 � nfap Exhibit D12 - The dimension of the property the Certificates are issued for are inconsistent Sellers property 115' by 300' F0RiA .4 TOWN Of SrclUTHOto BU ILDING DEPARTMENT Office of the B t Ilding Inspector Tows Nall - Scr�itaold»NP'Y.� . Certificate Of Occupancy N�PX1,3 ,�4 '»'� �p aRh IRda ti�aW .Y>>r i Ma .'M• .,.. .P 6 L•ay , T'fuS CM-rims that the building . a.. .a0AWPq .......,.,. ....... .P Location of Property ........... k._ Sas ca3 c ;lav :. but chc ?e Flcry.ao'`wi/ s'zrc�r ifWJu�.O County"fax Map film. loco,soction. .,»�� ....>8loc]t ,..��.. ..... �,o#. 012..>..,.... SrabtliTWOA.. , ....: ....».,, vonf ons substantially to the ApplbWion for Rushing Nzmit heretofore #iced in tltis *fiice dated ....;7tr '..., ......, ig pkrswnt to which Building Permit No. 1`.32'9 6g r,.. ..>..r. dated issuui,aW conformts t��A�l'th� uisementa of thr-applicable provisiow of the law,°etc oocujuncy for which this:c4rrjamte is issum is Y...k.... t o Rxist il' YOne,iaptiy o .. .'. The ua�xrtit` ate is issua i to ......... ....... KUSSELL a. CASE ......... .. i��xr>le �Fdarear� of tlxe afemaki building,, Suffolk County Departnxent of lfealth Approval ......... . t7hlDEP.i#P.1Tl3RS CERTTFIGATR NO...,....... ,... 4 C'4_��L !+• x. a.. i/ ..! ., ,t a..1 t... Rruksing Inspector ao4va sur 15egpiiw y� mama *g'�9p{®ZIIMIAnmy�$ n=A.V�Afgi/ =�� 1I 64 dSL.ii.:i1{8 BlaV911 AO VEIY1ZHFla3" nUROO tci�f�6i S Tamum ' 'C4 PORSST SST Vlvn;T4 aql RMI' I t 3 [? WNTO 01 t+T(3iay oTq=Tt oq,4 za inumazynbox so ;;o i'm 04 8=0JU00 pup *puRgsi suw r86t 9i padS i T bTTPtiuu T xrsna tt �I 6T P up Ona ' ';TIP TIT Parri -- •cam ' . d poiTA upn L-Awamw j4 2MVI= ITwR Uftcl Pr ' i teams ,q��c� BROZ 11 1 OR �o Partial,Applicants property lot 12.1 only 115' by 300' matches the property size of the Sellers deed Town of lbakd � tliitr TQM2611179 63M MAim Rd SOudwj4NtwYajiJj971 CERTIFICATU OF OCCUPANCY-., -tura: 383Sr " 16eL � I�7J�tDi6 `, TIM C1RTEMS the tho-began sWGL"s FAXMY b1' EWNO x��cacr� �e�r i Ncw'SuffrAkAv9�Cutdh s6rm#..'4738s9 �s�6a 1�Y to the ketam Wim i 'Med k!ice 00k*dIANd, d 14 pumnit 10 WbkkBzddbg?tri No. 3'?FA^ 1 90=14 was bakA acct=ft=to all of dw uir=='�of dw NV60"p-&ices.*rdw' t��9 far �tsxchtblso�itiaat�sisi�scmd#a: . The arObmto ism to rkead,Todd&w9bow-P ,Bdi* Euc,CRwAL cwmwx r4o. 1 gel A Applicants property claiming here 148' by 300' size jam"!F.rjn&Presidoot. 54875 Main Road gob fail i4,jr,Vice=Presidunt P.01BOX IM Da"Ber9fM SwtboK Ne*YOrk'11977-1M Jobn Bredemrjw TeWphose(WI)765-30M MidMw1j.Domino Fax J631)765,6641 BOARD OF TOWN TRUSTMS TOW14 OF SOUTHOLD CERTNICATI&()F COMPUANCE Date:Ju THIS CERTIFIES tlist the At 12M New&Lolk AvenVS RULK019—A Saft&'CA)Yatity TAIL?AS# C610forM to the,j1ppikation far a Trustees PffMit hentoftm fde4 W *face bated Ma 1.2013'pa rmwet to whi9b Trusk"AdMiUb"dVO Per"#KM')a" Mmij.24-1-11 W42S Juved 60d tonforms to all of tits r0quirtM909 and condillom 0(tht beiWWA is applimble,p"vj$j08s of J&w. The pjvjaet for which toleCerifflak is ng for the vaSMleer%AWKt The verM"te is issutd to MPR, ........... owner of the af6rtuld prop". #Lu*wbcd Siena- re Exhibit 13 - Example of the town fraud evidently committed under direction of the Attorneys Office in 2017. On Page 2 is the "Verification of Building Department Permit Requirements" needed for the Board of Trustees approval. Putting aside for the moment the fact that Applicants do not own the "Illegitimate Property"they are asking permit for and the fact that the town is in litigation about corruption of the town officials who issued the building permit which is subject matter of this verification request,please consider the mechanics of this fraud documented below: 1) Board of Trustees is requesting verification from the Building Department. The form was presumably filled and submitted by the Applicants. 2) Building Department receives from someone the "unsigned" form which is then reviewed and signed by the Reviewer (can't tell the name). ;�,. "``f l:�; ..r K �te pK.4 :;y✓: "' a Yl,fiPn�.'aYiah.W-a, ^ � ' F fw. J^ .n .-, � sn,i; .i .,.•�•r.: �n Nr r,,. vj^'�-{ , .. i ;�.Y�� W's;;;>. ,$�;�irdym.'::�:;{:f;..::�::,":,::i e�x^..'.:.:,% :•1i ::7i;5, E;�' :',kF. .�:, :�...,'�+.fi',s.;.''ryV�'�;tsm'•a: m. ... ... ..,,.� :::wr.:.,s i::::,::�":'�.r W°:::z:M%i.n...E..,.. ...,...,..,.:....,.,.._,.,.,.<:..a 3) There is an informal Sticky Note attached to the document in the comments section indicating that the issue of possible "illegal split" was raised by someone but that all is well because "Duffy", the town attorney, approves the application form. 4) The Applicant's attorney evidently supplied the town attorney with pile of false information including fraudulent deeds and affidavits that are perjuries (Pasca's Letter on Pg 3_). The town attorney looked no further. 4) The town attorney then unlawfully interfered in the business of the building department, made evident by the sticky note, preventing reviewing of the application by the authorized person. The town attorney and not the Building Department person in fact approved the fraudulent document. 5) At some point the "Sticky Note" will be taken away. Nobody will be able to see what happened and know about the involvement of the town attorneys office. As a result, the Building Department will be in fact responsible for the approval of the document it never reviewed and the town will be stuck with financial damages due to fraud litigations and other harm done to the community due to unlawful permits to the "Illegitimate Property". RAF•:• 77777-7--- -T ,e ( .:��E 4-��$ "kji=3M. •L"„ ss-rv;i.:ns'£,;._. :.::. "�'^-�-"� v �-�xr:��<'OFex^. �.v.�x`r.�_ ..F.s L�F�6•dSi':&��'e-cYk!i2R^i t-' .. Y �:'.R :C-., > L r __"z4,;L',�..43 $¢�4�� z Fu 'a [' g =nir'•'��'"`n ::�t44' ;�� 4 & p ,` f ".�,. mooE.M w`r<x`x<rxti '`.�F,." �.bz '{'s:;•Y• sac§Y441d.ar"< s , - - .... :::.. ...... .... tT, _;- ,gyp)� ' �.:3 '5a��. `"`<,�';: ;�•..<°'s:�-NTS^"-^`s< , - , "144147 Ali WQ iz r - POPlow . tte�� r: - ^- :. ....:: - '•:v � >- - _:. �,ii.� - - ?F-:�v^x_- _ _ .: zx �k X - .:.v_ __. .. ..- ..: �.:MSw-mwi.oT'�WtamrarsM�wm+rtkw•wmiwtW3+ ._.,.:..:. _ _ MIN 64 _ m -_ woo - __: W _ 10 1 V11-5, _-?•T.._� .:._. __`M1` `='Via`A - ::<x^s,s-:.-s<." .-,>:i"e-< .<�....; - _.,-.._^:.:-,:•tee-' �`_ - -- _ - 1,01 AMR,.>.,x?'8:'�•x__' - - --:_'.:—.,....,_:...___' :;..''..;;.::� ., .^:a ,.. .x,.,<., � -... ;. -':lxF�a_;.:.:m_,:s:..;.; �`�<'�'"^`'�a y'.'3.`; ��=� _ e. '-_=. . "_�:. - - :ti' - 'ev%'^,-_` •,,,:<..x'=:xxx<rr._.X}"'xr. _ >.c':`-'_-n.,x_ �T .x:v .__.- ^--5=x _ --' _. r--x>- .:< ..:.: �^.•_- '-:..t.: x°'<"�'^sx•:; '':x'e'r.<"„+x-s IJ ",7��' �r` <:..cow , a< . -a - -- - -� � '�to <: 1�',s�C�. .: ,=-� r Z", ^^ -- ' .: _-,----..::;;gym..' ,z . - -xMia E x rcc`,t Q non _ Mdpx, l E << PF z, 3^< 'r5 - - - _ _fYw b. f<'� Wk,- >f: .4a> t�T<x, _ � Y rx„ f tG. _ - t�,r. ✓c��'SE:-� � ..,. _• , exz• ='tri nom. "�. S. xYw"�-„ ” �_".�� >•' �E;. •:F�Y'<.'vx. 4 �w�•4=, 'Y,.� .,✓�.' i� �/y�5, !r.'xx - _- '�vizvi`: xX.o<'-M'e'w iYY,w� '� 9.s<• . wnt x sr PJ xx. : -e.•.".<rv,xxxxi^xvZ„^<:a„-a:,xr-x..,.-:.:"^.x-s..v,rxra,:'vsisea-..<',<v.^xwiv<+r.'.ix.+.."....cawom r•x zx:. .. �' .EcF^ 5." z d ;Srt•�•.i'(t.'-Y".,s.< w,yra.. ,<:,.p v 'rt5-,,, p Y>t'. :r:#'xm "r'.<.:.,,u,a �:•',*_,�-'< y ";%J> rw n 7 Y ,. - ,..-r.^,s'e, .ty.. :<.^.--' 'd`£ i Y ':"ss -•x' `?��v'aawnCY:°•'T�."t _ A: w. rants:. .t`'>'2'"' •"gr4^'y, v,.„, <q'<' :�,;i `�;r�gy:<�;�;:�", : :�y i;x :r,=:a � 'F,�pd'.. ^`;�' <'A�• %�.Ys;SF. = �' ¢' �;a � '�•. §;��:,�^""x ��„;:M�?��..•.:`:~<: y: °r;R��`�F�• fi;," ,�>'.. �r'x's;:��> ` a%. .`"x,,�"�°. >�'la�ea.,> '"z,8>n<'3'�,M� -Y��v`w#'"� .:�F.,m �<•,�, 'y�' x'x�,rK;r�"`„-" "y,o': :y.��; `��z�' `"�+d'N �;in-,�'�.';x.�. r>< �§'�,`£,��3'a:<«� �,°.: ..,.. �`:5 ya,✓.,n :'XY x ^� v'.'c ,^w' .ice"s.;'�+;.z>,..r&"nk""•.<< «`'a;.e+.--.:a,c ,,•r ,{;:<..,�:'p,'w a::,,� .cr5r `� 'tp.�' >$� x5 ,L3rK; xA`,',.<:`� x_ h�°•.'"; "x4y./, �°J."„•{w ., �«, �F,., �"�..<sA•, r,,3� <y a S, :� .x �'.�ya�x�'•• .��':.Fx:��..,>':Y<.'."^iz:�.3;:;sx;:x}••. =�„•.+?�,:.'��: ami sa.e A � 4" '�` x�it '�,�. r '4m µn` 'sry "." '°• yisY sn vv °�'3 a# p..:a°'#rx. A;.f(« r;"� a �'`" :;vg s1�'""°" .< ,�'�i .,-a •.<, ,9=,.;i,.;, fir,`F, f , ,•. nom._hy,ia"'�?Y:A',/nr r"wi„wa ��`.�<. 4� �'<,� r ,:ffi'x<;3j,�•,4,4? Y•",,.•: �>� p �.yA _��;' � ,m.E`�G .m� 4` `:Uzi:'"•>,;��'r'.',�' ',. ":`i'. ••`';:• :°;�' <� r' 'tr � ��'�,-.> w`..>F< : x.a: �•{z",dry " r� �i ;;✓'s.�?•'�c•., =a.ar. ;;u�:�<'.wx,"�'F•�;xi�x,;::� N. - ��. `•6. '„a<•' � 'n,••;'`; •i. 'a''��';,n�;_ `^'z$ 5"pxk,'>,.5; motes✓.' ., ”,Y"..->✓z'.%:a:.<. ,,:,'. ^�'. `.s;;:' <;sh - <Yy<"an•> "7.:i` ��y'i n�'xj�i °'`i:',?°i*-7;F"'%,•<`� Ti',;'.':','<"�'_•i ";w ,q `a"Kk.�.F. "w; fix„ .:'u'.g. <-o, k#�,; - .. �x'vr`z.,> "' -,E--'zy', 5. 3' n.,y5• 4%.iY i,', '"?S�",�s�_�.:ri'� P.t�k.y,�<'d:''<z<•o;s i�2'�a`:✓�-� � '3" �v`:;`»,x•�.`.k'-H- "<s" ., :_,"..-».,.."r,` �rrz$�"°i:.:uix: r-777777��a C b0l, "AM Mai ............... Sent, ed OW sy; POT 110;501% m Wa er StIti -E fiedid'iAsW"hig. . . ......... A,M ------ Bill- ..... ......... .T - , t_ k _ hank . 24, Th ✓Tropert�,VM5 conv6y&tbroqg .... . ..... �-a 4 W b,th6m,&'youtrocoft- e qlled:fttO6,V6O qrptt, rIP,8 �o ..... - _ -f lhe�-same' ayj oug ;hfl said tfiLvAitfetompaf)VfLl. 'elt two tak 66ffib6s,becauset d, d herO Was a,divided descr ption 0 therowasalvv*�c ryimon owners1h '4 neq0u;�h atten r V p lqlh(�: lift. 4 ....Ottiatbed de ...Uha6thi-W eds'tonf!r;ii,.thit alf:� f"tionslury ireA -setbb"d "I I ?e-tai '1'46 ff YOPf tkiere se, !0fPP9 Y,# erns M h thidept measurem ft OplalolheAscro_�Rhclds over fin.eW --11 Water,-Jt`n`e R� N me ---------- !z- ? I----- 4 f k6t 0 c..P x"57 A T t Z T Z RE K map- ,MD L2, 7 A-Sgj L" 'A AW Ael F 4: A k4- Ult 44 W, U 1-2 MN W, IF-2 611W�A 41411 1 AP r - IVUM�IM ,V3. AM M- Nbiz. • eF: N A WW g N, ui!g, g, "M % ......Ov"Zf,AO R,; All 7, - Z Pz, z $00 z- • % .......... N p�, 'n g P, p M� .ft 7:, WOW" re a^ S^ V., :";WWT, g rp "k Exhibit D16 - Police abuse under direction of the town attorneys Reply to Chief of Police Martin Fla-dey X ZaTko Svatavlc 5AW-14 Photos To Cc- -atav, `.ods cvrTcnt location, .ram ZaFkoSvatovjcjsv c@hotmailcom', Vodn.�vedt),s mes�sge Senr: Wed 6104114 1-25 AM cmfatley@to',tiii,soutWc.rf-us Watleynto,=.sootholdnWs}:rblask&_tovvnsoutho[dnvjsfrb[asko iGh71.i1Lidvldry-u-? Fc Martiri.Finnega,,Igtovjn,southot&riy.us(martin finneganeto%%,nscLithold ny.usj,lon.Suise-'—Mtovn.so=.ttholdny.:i-, (lori.hiiise,Vi:ovsn.southold,ny,us):elizabetbciLi��w-n.5ou-�hold,nyus ¢e€ ahetincQtawrnsoutholci,ny,usE Amanis ScattRu-s-�--itcatavrnzouthrld.ny,u' Ama ?tuner-nakerO*rwn.-,,-,uthold�ny.us�.vyfanda.nunemakerQto%vn.Noutiioid.ny,,j�)- William,Rjland@to-,,,n,scuti-tcld nyus(willialn ru1and*-town,3suft1dny,U"1 Dear Sir, I am seriously concerned about our safet}- I can no longer trust the Southold police department. In illy experience the police department,rather than to protect the community,has used intimidationand threats as a vehicle to advance private interests. This e-mail response is only in my behalf but I believe that you may soon hear from my, neighbors as well. The following will elucidate why Ave,speaking for my family and myself.no longer trust Southold police department. An officer from the Southold police department came on Memorial Day to my house soon after the incident I reported via c-i-nail to the police The officer was apparently sent by private citizen Todd Freed evidently to threaten us.If the officer was honest and did Ins job.as I expected, instead of coming to bully us he would have found out that: 1)1 was at the scene alone when Todd Freed arrived by car minutes after me to confront me,I assume after seeing me remotely on his security cameras 2)Todd was the one who got out of the car to threaten me. Dust left the scene mid walked away after he became aggressive. 3))Todd should have called the police if he believed I was doing something wrong and not get out of the car to enforce the law himself while trying to provoke physical confrontation by destroying my personal belongings in front of me 4)1 managed to avoid physical confrontation only because I swiftly left the scene as Todd was destroying my property. shouting threats and getting violent 5)Todd falsely reported the event to the police with evident intention to entrap or frame me with false accusations-which is to the best of my, knowledge Federal and State crime 6)Nly accounts of the incident can be easily confirmed by the Todd's security,cameras,w Inch recorded the incident.However.I doubt that Todd would make them available because they are evidence of his lying I didn't see the police report.I just heard about the Freed's accusations from the police officer in lily house. I learned from the officer about my supposed attack with a stick on Todd Freed and his 4-year-old child and my shouting of obscenities.There was nobody at the scene other than Todd and me.Who would in the right mind be bringing a child to the scene of an expected confrontation?This man Freed holds nothing sacred, involving even his children in his scams and lies At the very beginning of this affair in which the Freeds are unlawfully attempting to evict the lawful residents of the land they covet,I have tried first to report in person to the police and afterwards I also reported in writing more than a dozen serious incidents of the Freeds breaking the law including an assault, a personal attack on me on the beach. Not even once have the police department investigated our complaints or done anything other than issuing false or inaccurate police reports. 1n comparison to that the one time ever that I am aware of when the Freeds made a complaint to the police, the police reacted by instant action in the Freeds behalf. The Southold police based on a false accusation responded by intimidation and unlawful threats of arrest against us over a civil matter that the police shouldn't have been even addressing. The policeman that supposedly came to investigate the morning incident held his hand on the gun in my living room ordering me to stay off the Freeds Right of Way,an entirely unlawful demand by the policemen since I have deeded rights to use the Right of Way and the Freeds have no rights to be there whatsoever. The above biased treatment speaks for itself and doesn't need further explanation.The unlawful police action in conjunction with an attempt to frame with a false accusation warrants all the security concerns of the neighborhood. The existing conditions in the neighborhood are unsustainable and a clear violation of the law and order on multitude of levels: 1)1,myself,and few of the 18 owners in common with deeded rights to Right of Watt are maintaining Right of Way now for more than, 14'years and other over 50 years. We are the incumbents on the property 2)Maintaining and using the Right of Way all this time gives us rights over this property even without our deeds, the rights based solely on the length of time of residence and usage of the property. 3)We the residents and users of the Right of Way should be protected against the Freeds unlawful land grab,attempts at eviction and attempts of the Freeds to squat on the land 4)The police instead of protecting incumbents is diligently and unlawfully assisting the Freeds while the Freeds are pursuing unlawful land grab using cruor al means 5) Southold police are assisting Freeds with imlawvful eviction of the neighbors 6) Southold police are blocking any challenge to the Freeds committing crimes 7)The police interference on the Freeds behalf is entirely illegal,creating a reasonable assumption of the Southold police corruption. 8)Nobody is allowed to threaten with harm and forcefully evict from a property without a legal court order. not even police 9)Nobody is allowed to take the law enforcement into their I-aids to implement his views on the situation as the private citizens Freeds are doing with support of the Southold police. 10)The police should bring charges against the Freeds to the District Attorney for prosecution on multitude of account of breaking the law and criminal activities with goal to steal half a million dollars 11)Other than forged documents,for which the Freeds should be brought to justice,the Freeds produced not a single valid document that would give them any right whatsoever regarding the Right of Way, nor any such documents exist in the public records 12)Title searches of licensed Agencies confirmed without any doubt that the Freeds have no interest whatsoever in the property they are trying to steal with support of evidently corrupted government agencies l 3)The Freeds are trespassing on"iy bases over the Right of Way,obtaining illegal work pernnits using forged documents,threatening neighbors,confiscating private property and engaging in activities that are clearly criminal in nature 14)The Freeds allegedly corrupted the local government and possibly even the Supreme Court of Suffolk County(to be determined) The police should be reporting the Freeds crimes to the District Attorney's office for investigation instead of facilitating and shielding the Freeds theft of property. This is the second time around that the Freeds are getting away with the crime of false reporting to the police,as the Freeds are protecting their theft of half a million dollars worth of real-estate property. Without having any control over what I am reporting anybody can put words into my mouth and entirely fabricate the situation. I decided that from then on I would stay away from the police station and e-mail my reports to the police in writing only,which I did for dozen or so of incidents,mostly referring to harassments and thefts of my personal belongings by the Freeds. The Freeds stole few of my boats,beach equipment. stalked my house, trespassed and are still trespassing on regular bases around my house at odd hours,day and night They are engaging in those activities unchallenged by the police for almost a year by now. An hour or so after I reported the May 26 10:30 AM incident to police via e-mail.highly incompetent policemen came to my house to bully me in my own living room. I made a mistake of inviting him into my house. I believed at first that the officer came to honestly investigate what happen that morning. I would have been more than eager to discuss my incident report I already e-mailed to the Southold precinct even though we and few other neighbors who heard about the incident were quite disturbed about the morning event and previous actions or inactions by the police. Policeman did not come to investigate.The policemen knocked on my door,asked me nothing.in fact forbid me to talk about the incident and accused me of attacking Freed and his 4-year-old son with a stick. The policemen then threatened me with an eminent arrest if I don't stay off the Freeds'Right of Way,the accusation of attempted assault against man and his child and the threat of arrest over civil matter regarding the Right of Way having nothing to do with each other In other words,the accusation police officer made was about attempted assault on a man and his child while the threat of arrest was about a civil matter I presume that Todd Freed vvho send the policemen gave tum instructions and scripted the entire policemen's action.the fact that is by itself extremely troublesome. To the best of my understanding this police action and the behavior of the police officer m my home were entirely unlawful. The officer,paid by taxpayers,acted as a common thug enforcing the interest of a private citizen who happens to be another thug attempting to illegally evict his neighbors from the property he covets but doesn't own,Right of Way worth approximately half a million dollars. We are still recovering from the trauma of the police unlawful intrusion into our lives,especially my wife who took it extremely badly since she never experienced anything of a sort in her life.The whole neighborhood is in shock. The last incident including another case of false reporting to the police was this time around supported by follow-up of full assistance of the Southold police in support of the theft of property.a serious escalation of the events I am sure you will understand my decision to from now on avoid any contact with police and speak to police only in presence of my lawyer. Other than very first encounter with the police w hen policemen didn't know vvho the Freeds were,the Southold police did nothing but threaten us in order to discourage reporting against the Freeds. Now the police is unlawfully invading even our home to threaten us in order to facilitate criminal possession of the influential land grabber We are all seriously concerned about our safety We have been living novo for more than a year under a threat of violence without benefit of the police protection we pay taxes for.Now the police are themselves participating in unlawful intimidations in behalf of the Freeds and their criminal attempts at land grab. FYI,please find below an example from a larger body-of evidence already submitted to the court.Please examine the picture 1 took from a distance while trying to avoid physical proximity of the Freed. I stayed away even though he was invading my house and confiscating my personal belongings,in spite of the fact that in that situation I had all the constitutional rights and the laves of self-defense on my side. I could have chosen to act differently and that entirely within the scope of my, legally protected rights but I opted instead for severe personal restrain. t' i x In the above picture taken by me early in January 2014,Todd Freed,a certified corporate lawyer,in contempt of the Supreme Court issued Temporary Restraining Order against him is confiscating my personal belongings,threatening Barbara and trespassing on my property at 12355 New Suffolk Avenue in broad daylight in spite of the fact that he was warned to stay off my property.The Freeds are conducting law enforcement in the neighborhood as they see it fit—mostly breaking the law unchallenged by the Southold police. The police are categorically refusing to take or investigate any reports of misconduct by the Freeds. Even the police cannot legally confiscate personal belongings of a private citizen as the Freeds are doing on regular bases,novo for more than a year,The Freeds are hiring deputies.unknown individuals we can see on our security cameras,the trespassing strangers who are performing harassment tasks and confiscating our belongings in behalf of the Freeds when the Freeds are themselves not available to perform those acts of harassment. The toll on my family is not only physical but encompasses serious psychological harm and traumas that required treatment and may transform into other longer tern health related problems This is the only case I have ever heard of in which the police assists a squatter in his unlawful efforts to evict lawful residents off the property with physical force,threats of violence,threats of financial ruin with illegal prosecutions and all sorts of other kinds of intimidations.This is the only case I am aware of in which the police refuses the submitted evidence of forgeries and fraud and joins perpetrators in support of the obvious deceit instead of investigating and reporting the crimes to the District Attorney office. Thank you for you interest even though belated. Zarko Svatovic 646-232-6663 Attached below are relevant exchanges of e-mails: ---------------------------------------------------------------------------------------------- To Southold Police From:Zarko Svatovic [mailto.svatovic ghotmail.comJ Sent: Monday,May 26.2014 11:52 AM To: Lessard Diane:Hulse,Lori Cc: Cantrell,Elizabeth,Nunemaker, Amanda Subject: Southold Police Incident report(relating to Case#01-13-0047=17) Hello. Can you please fora and this e-mail to the intervicvNing officer or to the appropriate authorities in order to issue official reports reflecting below described incident. Thank you for your help! Zarko Svatovic 646-232-6663 5/26/2014 at 10:30 AM The complainant Zarko Svatovic of 12355 New Suffolk Av reports that on 5/26/201=4 at 1030 AM Todd Freed got out of his car and threatened Complainant with unspecified legal action in which Todd will take over not only the Right of Way he is trying to steal but also the complainant's car and Ins house at 12355 Now Suffolk Avenue. Quote Todd to Complainant: "Enjoy your house and your Subani as long as you can,they will all be mine." Todd drove the car oNer the Right of Way even though Right of Way is limited to foot traffic now for more that 50 years. Complainant was trying to put marker on the edge of the Right of Way. It is ditl'icult to tell where the edge of the Right of way is since the Freeds destroyed the boundary that separated the two properties when they stole the property. * Todd after driving over Right of Way then destroyed two markers Complainant put into the ground. Complainant walked away because Todd was behaving irrationally and there was a danger that Todd might become physically violent and attack Complainant.As complainant was leaving,�Nalking away,Todd was screaming threats after Complainant: Quote Todd to Complainant: "You have no idea whafs coming... "then some threats about Barbara I didn't get clearly but he«as referring to his investigation of Barbara Best Tax records and how he will get her too. NOTE:The ownership of Right of Way is not in dispute.The Title Search of reputable Title Search Agency shows that the Freeds do not own and have no interest whatsoever in the Right of Way. The Freeds themselves never produced any documents whatsoever in support of their oNrnership of the Right of Way. The Quit Claim Deed filed with the Suffolk County that is ming to deceive by having same dimensions as the Right of way is a forget}-without any backing and it doesn't even point to the Right of Way. ---------------------------------------------------------------------------------------- RE: Southold Police Incident report(relating to Case#01-13-004747( From:Zarko Svatovic 5/28/14 To:Hulse,Lori Thanks for the advice,but the police is the one who took part in the threatening. I will send you shortly a description of the second part of the incident. I have sent quite detailed description of my earlier experiences with the Southold Police to the Town Attorney's Office and the Town Board before.I did not receive response from anybody. After that I tried to stay away from the police and use other avenues to pursue my grievances. I was successful at avoiding dealing with the police until the last Monday,when I was bullied by highly incompetent policemen in my own living room because I made a mistake of inviting him into ms•house. I believed at first that he came honestly to investigating what happen.The policemen knocked on my door,asked me nothing,accused me of attacking Freed and his 4 year old son with a stick and threatened me with an eminent arrest if I don't stay off the Freeds Right of Way,all as it was,I presume, scripted by Todd Freed who send him. Of course,the whole thing made no sense.If the policemen came into my house because I attacked Freed and his son with a stick,what that had to do with me being arrested if I don't stay of the Freeds Right of Way'?This was pure harassment and intimidation by the police in support of private economic interest actually in support of criminal act of theft I don't have to explain that the policemans action was entirely illegal as it is Todd's personal relationship with enforcement authorities who stand by him while Todd enforces the lave as lie sees it fit to support the theft of the property. That story horrified the entire neighborhood.Nobody feels safe. Thanks for the advice though. Zarko From:lori.hulse:u?tovvn.southold.ny.us To: svatoviv&hotmail com Subject: RE- Southold Police Incident report(relating to Case#01-13-004747) Date:Tue,27 May 2014 14:52:09+0000 If you feel that you've been threatened,you should contact the police and report the incident. Lori Hulse ----------------------------------------------------------------------------------------------------------- From:Zarko Svatovic 5/28/14 To- Lessard.Diane,Hulse,Lori Cc. Cantrell,Elizabeth,Nimemaker, Amanda The Southold Police is refusing to take or investigate any complaints against the Freeds. Thus is my official report of the incident to the police for my records.In my earlier experience the reports I submitted to the police at the station verbally about the Freeds were not reported or the reports did not state what I reported. This is the only option I have available for the tune being to conununicate with the police and have a record of what I reported.There is noting more that I need to say. However.if there are any outstanding questions regarding my report I will be very happy to answer. I will be sending copy of my reports to the other branches of government until 1 am confident that the Southold police is respecting the law and is not biased to private interests. --------------------------•------------------------------------- From:diane lessardatown southold.ny.us To: Svatovic a,hotmail.com;lori.hulseatown.southold.ny.us CC: elizabethc!d,,tovvn.southold.ny.us; Amanda.Nunemaker town southold.ny.us Subject.RE: Southold Police Incident report(relating to Case#01-13-004747) Date.Tue,27 May 2014 18:39:22+0000 I wonnld suggest that you call the dispatch number,631-765-2600,and state that you would like to speak to an officer regarding an incident which occurred on May 26th or you can come into headquarters and ask to `speak to an officer here I will not be fordrarding,this email onto anyone. -------------------------------------------------------------------------------------------------------------------- From. Flatley.Martin(mflatley(&town southold.ny.us) Sent: Thu 5/29/14 11.34 AM To: 'svatovnc.' ,hotmail.com'(svatovic(di hotniail.com) Cc: Hulse,Lori(lori.hulseCwtoNNn.southold.ny.us) Mr. Svatovic, I received a copy of the email you sent to one of our Records Clerks at Southold Town Police Headquarters regarding an incident that took place on May 26,2014.Please be advised that«e cannot take reports via email at our department and that this information can only be documented by either calling our Dispatch at 765-2600 and asking to talk to a police officer or to stop at Hqs.to make a report. Martin Flatley Chief of Police Southold Town,Police Department 4140.5 State Rt 25 Peconic,N.Y. 11958 631-765-3115 ^ `l D17 - The Application does not meet requirements The letters by the Applicants and their attorneys which are trying to alleviate this problem by denying split contrary to all the evidence are perjuries subject to legal sanctions. '•�:3 :2�,.^`">...�;5:r, •y,e': •,,,;'�,. :>;' -s-„f3.: ,r�': :;� <.?�,"`S�%..R%a� :�'';.:'�SF,s`.;;�G'�, "�.;,?'"r',� '%Hb% d d°.;,'•'^,: -','" '1.''r=� ',�,`S" zq ,” '1. d s".*},z": _,:.�, .�"•.:,<7.:;f.,'4,,E,'i if"^>:i .�i •s1 °;' �.et' -yam^" .�, •' �� ". c��y;�' s x . •�''5' ° c��yet r'9�:H.� ;'✓5 �1� �v¢✓"k �' �r �,.',�--�' ,set, "'`. °�.,"��x 2Y� .�,,' x .�F� s y9�fr�P p. �.,,.��§,;'F��,.4 ,�.,. 6�->s,�,, ,•�,. �qs�£. �"�y�:y2 ''r,"'•' s%Y'ra5'�/��i.C;/�'�, �,� "�>'�•' ,`�`.�^ '✓�,°: a.- ,e,r �r��"¢ �� x�;;� -:...� j� Y / fir£ -,,E , f' q iNfia eh A.+n'!',^'�"',4 '- ✓r:::Y;;e s.::�'.'"',-�'�'f. ,,•: �S''X'�,"� .F / 'T�Ka3,�-+ ra°y t^'.�'�^ "N' -° �.1�. 'sem '" ,✓.,,,,,,:� � ,� ,, ., �y;,.;:';?.�;�.�,,��:i;i;i'.rav.»N'��?'•'` �,h ::',e�ta�:�.r.w ^",«�;.;'o.z:-s::t�„.�,{;�",>4F':;zn:.:b✓'�',�,",''%fi r:rete�.kt,v�:,•;:'-<,�,�9.tt "„xi, 4.a ;r�%.>.m'.- ,.�"!s' ; ka/"V '/s-„.*'r'';^"s$:"s•', r rye"<,;";#.l.,6:",Yu'�%Fv,,.„t h`£ y a•.+,at.;y,.v y�_ :>,r�. ,"�.i,.>t'�,.J .�,,, i '<;� .•:z;;'F-��;,;^;-:v?;,"..4 w;/"%�;.,",,s„' <<.�af/y.l;',<f;; z° +�`>,oy' `:�i'a ��,,,'�,a ,a•:,' ;nr3;�a' 'rr, pyo°„°' ,,,�;• �»c;�y'n ! sF' ='k:� .x°7--Y �; - ,�:. �> �+ ,�,,� 5.;,. .,v,°'•,`.. =.ri:;��:;+'�= c,: Fr,':. >„, ..ti�,qs„,''�s�.','.,�''f^•"wic,':,lt�"ry1.; x�J;, ;,<�, �y;<,<.��, ?�Xr� ✓v,,a• ,;s,'�•, �,d�.'.•'.i°'+'>'�',•�.J��0�,.'W,°:>•v :�'iF'�3„°� '�e,:'t,` ,�<,., ems. �/,.c. ,�,a>,,:' "�r�'�g�.$v«-, .,>"�a qs^.� a�;., ,h`,y�.;�, �,r.�?„2r .,°;'s'.,",�•�. �,ro>�r., .,,,r�", ,;s'm %:��.�.is.� j.,.. �"�';.i�.-.,N<x„ ..�s ,,, ;�;+, { S;z:', iia ,:�r�,v»xx ';,F .. ,*��s;,,:;, -r°=,.�,�• �.�, y i' •:'t,ajY.Jy '.�'':<';ti: ".;.Y„.:3:'{, :F: ,x9F•:'n, n"'N,,g .R y-,•,t/M �.i%t4 Ga�.',.,�:"'v.,h'e.,' 'yY'� :.'',:i' .E� �1. .�3d''v` <.,s�. ;^"°^.>,�•"�f i, '.i.r "�"�>+,'" �'�� ti£w.^ :' .>3,"1'0'�'�?„ ^,e;":n; c: -2s,:�`•'„x..y=.,.,, ��" q ' N ? '. >: ' : CIA >.3: 'e�,;'•j', �,;a✓ ';a'r.;"y,? f>u, '�,.e”, g°<>Y6,."` - a �, e! a, y��K'> -:;�' :,•'>�+��,,' ,+:ti•,i;;;�' ,,.� s° «1.� »'�.,a ^;.x,;;47;,,;y%„', �',�” ,�,'�.;.b��;;,',?"'%iah;�:ss 7,;.'�',�,, .f��'�s,,,y i�;�, ,5£ sff.,,,�,..,.7 .$:.+�. E°z,>'.�3'�'4�r"r::,:'i::,ri�.j�,.:x�q ,. .; ,,,�«.- � :% "ter ".i.•�y''',4, �'� '',i;,: J,�',,S a.;,,�.�y. ,y',c�.SR”;,'„'�f;• (,,:. 'R.24 ,. ''F;�� J'€ ,�_' xE,;z:r' .Y£;;n, e;.t' `I> 'f s.;:�iE�i;�:o:: ,'''T'>�',:';'g;,:�,.��,•"�>�-k'; ,:' i �i' q�,9� �;�,?,.zz'7"0'.:.p.:.•rf'.,;..;7.�`£{:s' '^r,%,J< 4 ""��?':T„::�'< .i.":�';s.', �' •,�.e. °%•?�`. Y::;�;t •Y."'>” •�.,�.t ✓ip>^ "fa..:C'Ti� :ER'-Y�to'.��, '�5': ,fid., � .'�"',y"c 'v 'z .,,a;,,. ,��:v;i;�:✓"Y-:,,.,.::"•.^t'ik��>»."..; .a;-•:x ?,.�ez;,{'>,�i.'• rai` ir;✓�...:%µy>u;�' ';`g x[` ,„',k;' ;'✓:^<t:�°.k`s>rsf'rs"°.'�.'r':t`;+�"»'#w E� �, .,r � ':�o.. s.�s"i°.,L>:;�:�'rI''y�;c• ''.�"s�.s'- ew ''✓,:S`"� :5,_� ..':, ��`'?,F el.F" .�4. �.,.,>.._ , ,� ��a �_�k.t.' �' �'• � � ..,.,.: x" ',•�a''-�'_:>'. • ,�;,,,;. � •i '','s:.�- : �"'S";.£p:�Cc A ', -fin ^ "a��.••••c ��, *:S:<:: m ', r.d .x °i•:+..:✓;['.. 'Ma£:.`5; S C�,; i-' ?::'',r;�.< '"" ,•, 3L;.�:s:,+.A.'°•'Z#"i %• e.. ;a,A •w�.,.,;,I,'3,,�" ;.�,R,+N�;�. Y,p^'.:^�'•p�'�'�r ,isF,,, '�d;'+' _ •,,•�.. �°'`a:„ +a E•:Y;ti•• {;,E,;= ,°,,�:�,,•..�, ;� �:� ^ ax."� ,:4,,8;t,�'�'�-'i.,3C€X'';i:iz�r'r,FY>�;:;;t':�`:�;•°.:�.� �a••. ?..5,,-, ''',�v r,.� ^a.v,' .'�'F:zs .::�y`"!�p;..,p, �M:>„?r',M ��°� � �'`' ,2�":?>,• ,,; s'i't •"s'�.',u-:y, �•-,.a �r'�w,gbt:;;.w - '�ig•••"^v;,�`3'•,:' +S¢� ' Pi `�:{"c^"s:: ,c.., s"r`..��n•�:::`"_,. ;^;+;�= w,;�T:,..• e .,rs'✓r;;:..o;,.�µ &'a:°�y,.v. 5zF rN'>:��°'�'_'""•,'�'>' ,�'•,s'- .,...t>s.T„�::. ^,� �;s;;,'i% �.,�w`:^- F'"E;,:Ya-r�;:.:��,�•-;.T•:.^�2' •z` r' 'f' ,':�; n+ii4•a'x,';�;�- `r'`�: "eRi., yy �rt>��:�'..�vL+ -,:'•_"'`'d`� a,P G.�...,U: .�S'z�2�:� �,�»''.,"•{�,:;N^,.L,� :.�",a.'�;':i'�'.'�' R' r.g . °-F' F '€• '>� b,✓Jy' ,,^:',ti{^'� 'w L'>':�-:, ::%�Y: ,.�3 =Y.•::.. .,�.. ,�"!• +t<•'..,;'..." 'E.ih b"x Ui",.:3•r:°'r':{Ti.. .s .:fw. ? 2 '..'.f': •n::urz.« S"^'.:'�'.; l,p^^;.x.:7dt• ;.;>,,c f.b�n , ,' t,✓ r "r>� r•.Fri:� ;��;°g•'j�N>� _�' �^ M�e�'`j:, ...¢�,v,.�{,,: y,�. ,, M, 3All ;.CEN'��' xt " ', E :r : b_ a n :.k�3.4tu3•z3'J"o{'S.�`3 ?.I�"v:"..tv'M"' a`s°:.>:'?i`m'.]3C'r'::.0 RE: PERMIT#1000-1116-612.1 &12.2 TODD FREED, 12400 NEW SUFFOLK AVENUE,CUTCHOGUE To the Board: My name is Trina Waldron and I am one of about 20 lot holders with a"free and unobstructed right of way"provision in my deed to what is described in this permit as lot 12.2. I believe that this permit should be denied. According to Town Planning Director Heather Lama's email of January 19,2017 to Elizabeth Cantrell, it combines two lots into one parcel without having obtained prior Planning Board approval (Lot Recognition Code 280-9). Ownership of lot 12.2 is not an issue before the Town Board of Trustees and will be decided elsewhere, but the fact that the first legal action involving lot 12.2 began July 13,2013 and legal actions continue to this day should give the Board pause. Since the Wetland Permit as submitted contains two lots,I will next address some of the the issues that the survey raises. First of all,the"trees". I have attached photos of Lot 12.2 that attest to what I am saying. I can find no maple trees whatsoever in the survey's the indicated area. The"existing"locust trees are in fact mostly the stumps with new shoots sticking out that remained after the Freeds' contractor cut down the trees themselves. There is one small tree left intact in the photos provided which I believe to be an oak. I counted 39 trees having been cut down on lot 12.2. There are also two locusts left on the southeast corner of lot 12.2. Second,the purported"dirt walking path"marked in the Northeast corner of lot 12.2 doesn't exist. In fact,the path used for more than 80 years runs down the center of lot 12.2.The outline of the path can be clearly seen in one of the photos provided. Third,the survey shows that the Freeds wish to cut a new,wider path through the existing beach grass and sandy rise leading to the beach. The existing path on lot 12.1 has been used for decades and is certainly adequate. Revegetating the old one would require years, and a wider new one would make the entire eocsystem even more fragile. Fourth,how is it possible to get heavy equipment down to the pool site without causing considerable and lasting damage to the area? Fifth,how is it possible to reach the pool and surrounds for maintenance purposes without further damage? Sixth,the elevation of the proposed pool on lot 12.1 is a mere 7"8', and the proposed dry well to the southwest of the pool is at a lesser elevation. To bring in heavy construction equipment would degrade the entire area. Moreover,the contents of the dry wells would eventually leach out. Certainly,pool water,lawn fertilizer and chemicals would threaten the surrounding area which is very close to the wetlands. In short,the pool location is potentially hazardous to the environment. Remember Superstorm Sandy with a storm surge of up to 14 feet in many areas.If the Freeds want a pool,the north side of the house would provide plenty of room. T you, D � V Trina Waldron ` ) 300 Short Rd., Cutchogue F EB 1 5 2017 Southold town B ar of Trustees At Nn _ - :�'� .. * � � � int_• . �cr ��ry.•ti ' +')x RS - ,- - � - '� - r• � .Oki, ' f s o o g le ..- .. • i ld ••• of • • . 1 UR F ri 21141201 I }�`! a 1 D O �j�-_tea! - ' � 1 ` ✓ _ -;,. � FES lop • ft• f-c y • .if f n i' �` ! ��`..�..t� �,a lr � �„r +sift"�^�•'` '- .. . JO jif Old�0'rVr7 '?� ++pA.= •Y� -1I2b, r:. A ML Ar „M _ — `�e�r �� ^�7-♦ gym' ., � � .�l.�r ��`+..i � .+'��' https://webtop.webmail.optimum.roVhtoMewattachment?cliendd=1487131979765&locale8cisp=inline&accamtld&folder=Sent&uid=5029&part=1 1/2 ..� aF.. Jill c �_ ��►,-a df � Aw • ��E _•— -lei�=w.. :, �v' s - 1 Vol Ail �,IA �bP •'�11t�' XP^ h' -IMA A r `p y Ip 4&M ZIN Wo ti .. -a 00 a •.1 E � V E F E B 1 5 2017 South—old—TOwn Board of.Trustces June,12, 2012 PatrIcIa,Mb6re'Esq.. 51020 Alain,,Rd Southo4d,NY"If 971 Attn,- Patrlc-!O, DearPatric/4: ApInvirytasUen! r0qdett0djfor properly r9pertyk known as 1240 0 V6W SfflolkAvenue,Cutcho#uq-NY'Asto'Ib free,owndiship. AftOr researh!n94h0-.reC6r0$,,ofthe-Sutfolk-CountyClerksOffice, these are.the thding$for,saidproper'y The-subject-ptemis,es,,andsurroiv,.n#in -PrOPC IY -at, v 9 er _fts qu1i d,byW an F CaseJnIr869.,jVahcy.�F,pqs0,014d, 1069fieaVing;,Gefte&C''Clse and' Wickham-Case, her sons;-all R.0at.Estatb:to ber,divided equally, between them. In 1867; QeoryeH. Case and Wickham Case:divldbd the property of,Nancy F, Case among themselves The easteriy.b O to Pecohic Bay, _ ndary line running from the highway In 1901, Wickham Case leased parcel of land to,,Robert F Day,and Beverly S. King. The description,for this lease-Is-as follows. North,by the highway running from the village of Now Suffolktothe village of Mattituck. Easterly,by other lands of Wickham-Case. Southerly.by Peconic Say and Westerly, by other lands,of Wickham Case, The-Westerly line,to be two rods, estimating 33 feet total, ei0terly from ai-id,parallel to the easterlyllne,of land'of George H. Case. The rod description establishes the,boun(taty,line of George H. Case and Wickham Case, which is a,two-rod strip of land running from the road,to-Peconic Bay Wickham,Case died in 193,1, bequeathing to his,three children,Oliver W, Clifford T and Ruth-B., the strip of land described'asbounded on the north by road leading from Mattituck to Afew Suffolk, also Mown as New Suff&lk Avenue, on the,east,of land now or formerly, of Beverly King, on the south by Peconic Bay and on'the westby-fandV George H. Case along with numerous 35 of 68 otherparcels of land.' notable".prop'ertydlrectly"",rlorth of 12400 New Suffolk Avenue; Cutchogue: In 1934 OltverW Case,,C1lfford"T Case and='Ruth B,-Case convey a parcel,of/and`of•,tho north:side of the Now SuffolkAvenue.,'T,ogetherwith,afree and unobstructed usajA comm"•on.:with,other,,6wners'ofa,right-of way"for" passage<on foot=indswith,z ehicid&-ovo v—certain twa .rods ri w.ldth running frofn N,ew":SuffotkAvenue in-a:�southerly 0recfton,:to""Pecank Bay,Sold right of way bounded on;the':ttorth_b_ylVew'Suffolk,Auen-ue,. on theeast byland of Beverly'K1n''gm" n,the•s'butht`by Pecorild BayaO o0ho west bylanad,of.00' estate o oiftfyf George Fl:,Case:1n 19T an agreeiient w,as_recor,'dec!ta: :fhe said-#Obt of way`by limiting#%ie;u,"s-e;theredf`fo pa°ssa96 on:lbot:and deleting thor._e.from-the words t`aird:with°�ehlcles': George H, Casd,died in 1932;,,bequea#h`ing Real Property on.Great P.econic: a ;bou0Qd-onfhe•na bythe. Igfirway"leading.fromdV. Suffolk y h' tg Ma titrxck:,on (iterwest°by=Stalm,,:otj,the".sotrfh°by. reat'Pecon cBay,and on the;east by icing"to his=grandsonsFlarrisonalso<knouvn=as'SIV Harri`soii, Henry, R,00lf,,Ralphr:arrd.Norman Case. Note: There- s.tto_Gleed:conveyed to, eor'get1;.,Caseoranyconveyed, out of°Wickt rrt Case,or hls:'hairs=#oi't(ie two:"rod strlpn-pf land: The descrlptioh of theprapoty devW d frointGeorge;fi�,:Case:is=ln'c rrect;: VI!heri¢the grandsrslrs>startzonve'yjngamonVst-tliemae'tves#he, description on:the:deeds,.reads, a',parol:of"lano('?1a feet wiale;tiy300 feet deep, more'or:less;boanded on:the•nodf,•by-N"erv, uffo%kAvenue, i e,east by Carruthers (whichis,consisted to fthe cltaln,of;tifle)Y the sauth"by the Great Pecdic Bay and the west-by,Plimpfon"(which is,consisted to the"Chain of Title). Oliver W. Case died in 1939 leaving his-en fire'estate to his.wife Corrine B. Case, Clifford T..Case with-hlswwife Marion:Z,Case, Corrine B: Case and Ruth B. Case in, 1"952 divided,the;property; which isl on the north side of New Suffolk Avenue amongst=themselves. Included in they deeds,isIhe Provision,, together with a free,and unobstructed use,in common with otherowners of a.rlght of way;for-passage Oh-foot over aecertairi•private road-two rods?i0 width running from'New SuffolkAvenue.iri a soufherlydirection to P00hic,Bay", Sald rigght"of way being bQurided'op the•narth .by New SUffolkAvehue; on the,eastby land of Beverly,Ding, on:,the south, 'Tconic 8ayarid-on.the westby the land of the estate of Qeorge--A Casey Irl=all conueyahce froln."the�obove,-forproperfy abufting"New SuffOlkA. venue, $hbl Road,.BayRoad, Case Road•"andffleadow Lane,.have the right,to,use said right of-way, p E C E I V E F E B 1 5 2011 36 of 68 Southold Town r.."4 r—4".,, .There,are no deeds Of record conveying.out the two-rod strip (right of way)front Clifford T Case,. Corinne B. Case andlor Ruth B. Case; That:no•conveyance being made,bythe above, ownership of said strip of land remains as 1/3 each,tot Clifford T.Case, Corinne.B, Case and" B. Case.. Clifford T Case died ort;Janclary 3, 1956leaving,Marion T ease hit, entire es#afex Marion T Case alied'onAprit-30; 1958.loaving,all rest; resl0ije and, remainder of har`es,tafe.�to•her,childron;.Clifford T, Case Jr, Katherine R. Case attd David,T Ease, There is no proof'Qf death,forthe above three,children filed., with Suffolk.Gounfy Surrogafes$Court. Gorinne.B. C00ea!Qn.;lQry 2g,,195g leaving all res residue and rematnaler:of"her estate to'StOH10y GM17man-Case, her son; StanloyGr hom Case died on-May 8; 0761eauing alffgsfT residue anal remainder of his estate fohi$:wifeWen,B; Qlase_Helen:B: Case-,died,on'October.3lf.20Q1Ieaving all rest, residue,and•remalnder to cher Childrdn•Nancy Marschean,.Mar ge�`y B. Diem,.Barbara J Martini andErnest'W Case: There is noiproof of death forthe above.children,fi/ed,Withrthe Suffolk County.Surrogates Cjourt, Rufii B. Case.died on 1lfiay! 5; 971.1eaving all rest residue.and remainder of;her gsto =#o, IJ 1/5-1 to KathWhO R:Ca".-,Na,Proof of Death 2:) f/5'foE Stanley G; Case_-See.Below 3) :115,to=Cfifford'T:.Case Si:-No Proof of Death A). /5 taDavid T'Case No Proof af:Deafh 5.) 1/10 foAlIce°W. Groome--No Proof ofDeath 6.) 1/10€laine Weber Whitted•-No Proof of Death Stanley G: Case died on May 8, "76 leaving all rest, residue-and remainder to his wife Helen,B. `Case. Helen,B..Case died on October 31, 2001 as mentioned above, There may be many,mare heirs who are not accounted for and a bar claire action may be,necessary to quiet title. Very truly yours, Stephen P. Spanburgh pE C E � F E B 1 5 2011 37 of 68 Southold Town —floa rd of Trustoes Jul'01-11t 1, I?IrI5Bp slophan p sp' 'irgb M' 3708 PA MTV AB'S'TRACT 5167751056 AR Cgunty Absftet,.Inc, 97 Cbvtd Avoiue Float Rift NY, 11-00 1 0,16)352-735-3 ffix(516)775,10.56 Qjg)�iu "d I IYD, 450,ObViDftth Monuic JUI M-2 Stfitc 2-304 MiDWYorl,NY (I 6(,�I RV, PMULIcs- M� 40,0 NOW Sla'D&/AVOaUO CLUCUtne,Me Fitex PIM-Ne be atvL"d ttlat this Office,has senwhod the r"wr4s of t4&4f .fcylk C6Un C]e*',S'()ffiOO for the last Qvmer of a Right of ty VAY Ellsomn; w3sufts about 30 fcOt'*dq'(2'T"%tq)-)Wined 13 N4w Suffolk Memo,C.Ituohogac. 03Y'dCOCIAtcord0d in Libor 4,55. Page LSI,tads mnI4 c*nv,*yO!d,b i Gck7rp�K. 10 WI6_h4m"C'V'C'* WIck'ham' C"m di--d-WOM'11193-1,4-s per$Uftc j Imy. The Lost W-ttl and Tc$tanj"t,dV 1 f . 01 Ickho, " e I Chs eavc*his t4ec ChildreM Ofiver W. C:a%Crjg(�)rd T.C.1* ,W4!, 'Case. B. Oliver W.Case died oil 0_91,,At /�1946,as per SlItIolk County sug I'00.1tes file s5 - . 11 M stament of Oliver W. Case lencsh4 m9duary estate tq(�) • U01411 W-111 and T4gofuclit df CUSord T,Cmjg JO&VOS-his *sj4UvLy estate Ruth B.Case 140d on k's Per Suffolk Com my r-ila t�4:) 1134PI-9711. Tbe-La WIII and T-4-q follows; . A ,T.Umcat or%lth B.Cie leav=hor i csidtwy cggtc a 1-15 to Case b) IJTO to AliaW.Gro()ghc _D to liluivc Weber Whitted d) <"x.Cos* ) EC, E IVE F E B 1 5 2017 Southold Town Board of Trustees 39 of 68 Jul W 12' 10-5Bp stqphan p 'burph p.2 07"m '104a '0815, rMvz4vyQ 01/30,112 U4;14,p?l Al C'aMM- ADST-ACT A6773I0S6 n.03 WMKOOX-Y-16t Qjr46rdt,Cgtq,STT TIAs:Of et>ittei tltc 124.owlw Ofisaid 30 floct Right Of W-4►. IMMI etft-lt2 Ws). to be-Coujime-IL IC40,t4arlan'T,Cme,XAfhe4W kL Case.Allm W. arvolne,181217ne W-bh*wWh4w, CU1,04 nad pavIdT.Cage,Sr. comm vwns 60 foregoing,plawra a=to contat mr, at.ydtIr CAVI"ICA OOnV4WjeAI;O. Very to NMI w ncY C -E V E F E B 1 5 2017 Southold Town�", "u oard i B � , nf Trimnne 40 of 68 UluFE To the Trustees of Southold Town 2.13.2017 Southold Town of Trustees Good evening my,name is- Nancy Sawastynowicz. r y great grandfather, Ludwig Sawastynowicz Farm in Cutchogue 100 years.ago. It was an experience I will always treasure, to grow up on the North Fork. To me as a child Cutchogue was a paradise. I used to ride my horse bareback to swim.in the bay off New Suffolk Avenue. All the beaches were used by the public. It is a taxpayers' right to use our beaches. As the years went by, the North Fork was found. The overdevelopment being permitted by the Town of Southold ,is breaking my heart. Thank you for holding this public hearing. As a member of,the publid I am here to oppose the proposed swimming pool and further , hardening of,the landscaping on an already overbuilt lot. Freeds havealready,buiIt a McMansion that is a disgrace to a once peaceful area. The oversized McMansion makes their own lot'look tiny. A house that size should be on a lot big enough to leave some open space around it. The setbadk from the Plimpton Is home'next door is repulsive. The close distance appears even closer because Freeds cut down every tree that used to provide a beautiful buffer. Now the McMansion looms over the neighbor's home. The inappropriate development already in place has,already adversely,affected the aesthetic value of the adjacent areas. The,right of way over the property on the East side of Freeds is an important asset, you could even call-it the centerpiece, of the neighborhood. I do not live,in the neighborhood.but I have friends who do.,When I visit them we, love to go to the beach. Not to-see giant houses,, but to enjoy a natural setting. At least the Freeds new house was built further from the shore than the, previous building. I thought that was required as a condition of permittirig,such a-huge,house. Now-Freeds want to build a pool,,stone patio and wall'even closer to the shoreline. People who live on the Peconic Bay do not need a pool. Please protect the shoreline and marine waters, the few trees that are left, and what is left .of a precious, natural neighborhood,. To protect the Peconic Bay from noise pollution and water pollution, increased risk of erosion and plain ugliness that would be the inevitable result of permitting the.proposed intrusion on ,North Fork wetlands, please do not be afraid to say no to this application. E C E � V E RE:Wetlands Permit Request#SCTM 1000-116-6-12.1&12.2 F E B 1 5 2017 Todd Freed &Edith Webster Freed, 12400 New Suffolk Avenue, Cutchogue 5 Southold Town Dear Southold Building Department, Board Trustees When the available public records and town documents and the neighborhood letters and concerns related to this project are honestly considered the applicants' permit request should'be denied. During the process of evaluating permit applications,we residents of Southold Town trust that our Town Trustees,Town Board and our Building Department will advocate for and protect our best interests. We trust that employees and elected or appointed officials will not succumb to outside pressure from the Town Attorney or special interests, even from those residents who are wealthy enough to hire the best law firm on the East End of Long Island to represent them. I ask you to please consider the following items attached at the bottom of this letter along with my sample analysis of the town code 280-9.: Attachments: A. Applicants'form submitted to Southold Town Building Department RE:Verification of Building Department Permit Requirements B. Sticky Note attached to above C. Letter from the attorney of the applicants for Wetlands Permit Request#SCTM 1000-116-6-12.1&12.2.to Bill Duffy and Mary Silleck of the Town Attorney's Office D. Suffolk County Lot Split Document E. Excerpt from 1 of 3 Title Searches all concluding non-ownership of 12.2 Parcel Analysis: For convenience sake,the sticky'note (B)on the shown on the Applicants form (A)says as follows: JJra .. \rti•E ' I "Questions Raised Regarding Lot Subdivided—Not yet approved through Town—See Email from . « Anthony Pasca, Esq. B Duffy Authorized—ok." This is NOT OK. The Town Attorney B. Duffy does was never granted authority from the people of this town to authorize approvals of permits. The respective boards have a responsibility to hold applicants to codes such as the Southold Town Code Chapter 240 and 280-9 Lot recognition. When the available public records and town documents are honestly considered the applicants' permit requests fail the requirements. Whatever"reasoning"the various boards or legal counsels come up with cannot deny the wrongs that are happening here and the Town boards must work together to remedy this. Analysis of 380-9 below is just one example. §280-9 Lot recognition [Added 11-28-1995 by L L No. 23-1995;amended 7-22-1997 by U No.22=1997] 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: L1)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 AAS as of the date of lot creation. LZ Editors Note-Bulk Schedule AA is located at the end of this chapter (2) The lot(s)in question islare approved by the Southold Town Planning Board (3)The lot(s)in question Ware shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983 ( The lot(s)in question isiare approved and/or recognized by formal action of the Board of Appeals prior to June 30, 1983, 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. C.All lots are subject to the merger prowsions ot§280-90. According to the above codes the applicants request for"any building permits or other development entitlements" must be denied. Al) No IDENTICAL lot was created by deed recorded in the Suffolk County Clerk's office. As you are aware 3 title searches attested'to the fact that the original size of the purchased property did not include the 33' parcel 12.2 on the applicants' survey. A2)The Southold Planning Board received no request and issued no approval of change from 12.0 to 12.1/12.2 or regarding 12.3. As for A3 and A4)there are no approvals or recognitions related to 12.1 or 12.2 or 12.3 "prior to June 30, 1983". Please review all attachments below in the context of the points I have made above. Regards, Barbara Best 12355 New Suffolk Ave Cutchogue NY 11935 A. `" �'Pti�,rxs'�bJT!3 e:yxjr;m:3T;"��u"�:�stq+ .,F: .:��.`��;��_" "'".,y;,„s .sa•�,?... P„�.��..�=._�....,,,.�,yy,"SE.i:'";, S � '�"F`r„�:.,x^y t�ta' S;-3:L�'`�,.. �:�d�°: a'm^W"ti`;;•�\,�„ ;a.,?.rc, .�•aj. .,€tt �,�.•d,'„ F �. `.' i�`Vj Y;li1. " 4, r, tri?E€F2,,r;,Y� c"s, >�'a °",tP,"�5{ :;X" 5„+="r`:€. '?i,•`EE. ,,F '� V E V E ` *?�,�.� 'T.n�., � �'.Sz3!�a^ e„ <i% 5 In SYS.�'CM�' ('•�•'�� 3 � •�,�j��i'�1"\' ' �$N ,�.-e y1 yYf"tik 3:y; '. :':�:..:.'��' „J�;.�\•' F E B 1J 2017 ',r,M, ;Ey.�„�•' Y.2 'r•.° l �. a g Southold Town, rz iv�':y �'';.• ,t.,,,, _8c ''ir�":,�.�,s;."s ...; ` f:..i�•.;;i�..,:,,. °'lat I Board offTru 44 �'YF` �; „°'k�sg ,'�z.'S�_.,�r"'.��... s�� '� "�°:wS 8r ,.i"'y'+"m'i.:?si- 3::`. ,•,'%: ';•:.;� - 77 i•t � ° S .. `ate,,.'.,^, j( r'�'q�e5;^ , ��>t` � '{u,•� �°tl�' �.. W7, , p> ,f EE AW ^'$''eq.:^:.�{,ni+: '+,�`'.:':t: �."JS :.::.:�::'yi't'i';�:::�:E.:�.e°.�.:r:. :e.Su•' . 1 'V�. r�' i :�a.'�^:i,.•:t:"' +' :E s\Ta'b'w4;..r?f iii.. ,: a,': a • �,:;,.. ;:;ft°:�;� ;:..� t;c:•q:"•5^.:..,,. '��'�"�'�a� a�'f'j.�''vs;3�'�:IYF;:(';:'\t' ,\;;:;E,:.:,. :� ::Ee�F.:s•.��.�E.�c h i::3!M t rt��t,�E_: n .,xy _ p��av"�.!�..�.e�.E. .;€�•,1••;";•.: :'�.e�:.. ;"r.',.^€ '.E?,. .:E',tr\:. ^.=tiy@., ,p, {Ci^'J�::., .°. :E�Eo.•'.`(,. ", 5{".`•' :.: »• i:;,•'�;::,. ..a,e ).J».✓A' xs-y�_AE FS`ni..s:;E -PON, .;'n `R��l��i✓:I� '=�•�E.€i�( S�aA�, k :%.',, R....,o ...YC,<:^i: .., ,Nr�,uF1e T''�\.�:•!�,1%.. '��u ��, mE'S:'•: �`��:EE..& °&Er ', �S€t. 4V E� ?t'. .Y:a' ;{. "f'�'tER.4�G•• .�v. �=.. m^".".'�:u':; ..1�.�- <�':E.�, ,aa€�((:aI �.. ��::�t {.• ,€::E':.�� t. z3.1 ,s �-.h..{�v'''.�EERt�E�E^e, Esi�E..E�,.E`',:d:E'{ €�}€Er :'!:: ;?,;€E:;;E';aE'j' y �,f,,.• z>. :Fi_S'I,.,...XCy„� •"�y e-�tY`��..:€.,�. .0".. ..€f+E :;;f, V�,..:''Ev iyk�',"' �`:T""p�.yP:,.' ",,E a•�,�,, '„F€:,cy��... `�..�`s,.e' ��:��y � •E .'•:•E 1• �>}`v'� ':+�:3:?v .��u �,w "!E•j,�'.E;� .�,:;�::' .r[�• Gf�.t••'` � �� ':'�'<iF'�' �1p'+=dE'i�;�,:�;'�✓,:;;a'�� :^'':�';��t�,e, :l ,�'>'S:•,:v.�q^`7'[,,•�,3�•E'u•{'„:.;F; „€�,(•x�til'�E�• :.�'�`"`-K` _,aa��"'k�� Ill �Mi"„-',`'�'�>'••,'✓,,, `•,y.z;��:_ ..;.��;t€i;i�'�3'��';��,�s,>.u:yr,' ,��E, a• "`�, xnrs��,.y .�E'Y_;v��. _!S'>�-r�''„.�;`..:::> re �`€�"s'_•pYuikp rv'nv"se�',yF°�>'=lye',. � 4 = E! : �t'.,.E� °� ` E.. is ' •tYa.r';•'[ie �'T v`"�.,".>y"'��F'��k�� {'41:E..�;••G,:':::E:::;•>,:,: � .. '�,� •�:1 ..ti„ E':E•F• ,E.<�<".�E.N.� �I � �R�F,3��`nn 4Q��aa� �f�t;r, iG,�EJ,EE,,;,.,..::,:E:•"��t f`�"'� �` '� ! � 3 <<t . ,{ EE''fF' t _}' � [�� q E�„ \�ftv�E., .'•:.:� .�.€E"a::;�Et�,M� Y t{��%� 1'�`€E". R\ pili`'![:�t �,t'G`.f.. P"E"'LS:�:•"'E',�(�'��'.'.��;ri;�?E'��`�€ '[€�•:a .:s� P�€`€€•€IE'`•�E•: '€�€'€..[�� `td:. ��` �F�c�: .'�w 'EF up @yi.€...,.:3.+> {"•J':{ ` °.; r jE 'E',({.e«:` E!E l.,.E;.£ttT.Ep�iE�f::»�:t.f � u�'EEst•'L'�'E:>I�:':.:;.E:E�.€.e^::€:��.e:,F.{ j�r� :E'E�` , ap>iSx 0-1„ S„ E •' ,ta:€,a ;`3r hE lE.edi'SE E'•` ,v.°w`' + �` w ,,;,,E. �`E�� .. , Eji€••:�E.:: �::EE.E:�E({ry'[p:'[E�€,€� "C Eh3'€E'EE�l�Ei`'�"'EEE�:E�:� i "� EQ\ �, `�`EEE:i:'^ EEa E., „��, €.^E�•,EEE G`”�'_ �n� e' � R�Et`,:` ``.i:I!_`� 'x S =�,,., �S iR �{T �" >e��°@��•E3 y a t. B. r,...n x; »'.., r. ', :,, r.""g'e%,mA ,.,: w'ur.^ ,..,,oµ•« /'"'': 'a" "":�z' 3£=3x�Y, ~�'i s.w, s;.;,.;x.. „a�F�, .,,, "<.;.v., = "„, "; .iyv. „� ..Y, :"•zzj'e6:u �"'x s1s s"+r,:','E:y'>`' an! .s ' m 5rv. :�% a �.',Sc'.^,T «: �xi 'QQ moo 0i M 2:`ps."� ... xy:«v. ^: "moo «- o «, Y v�S.R:«....k 'w'a:N:f»: « ?^ F.. .i3,.•c- "X yg,py, nr�, "_o3"R. »». An 04 r. ' .. j7 ':✓vt.. - ..,,m a.?:"' 3•'s f- « r 1w, '- •. `.,.�'M e, ...v ,V log Is BY ' {” x.S. F:,s'i 41 M- '4"1104W. skINSOMV the NPI WWI Wv�,w oil .a ' r�,.r�� ";t '... a0;.,.X.y. ' - R if.,re '., {ids,✓'' .: v''' „xf;:'; ,9. b 'v,rr F�,.- xu`s 4'zz 'kYx r vy .z ^«usbn TM' .., .x¢> �xir^,'• :•i�,:,, i , � - `"�'•.'x "ova' ",1'd'"` '�i�Y'� -z�..''%'�.:'q� .asi,j«, x, rvw»" H�,�� 0�" ,� .:,'S i..Y "�� 3n xiRS >s.. � �`�M" �«�w.,z,bxc<'f4 �-s%v. "�'�.r.'x sN�n � "•q�''� ^�x t $::"1 %Y"4i +r,t:•�n,�,'E �cf ,alot ��i Ilk o•�& .i.aix» i«h-a,.�."«,� �4ni;s.ani,,''.^✓rrxc",�Y',��"+�.?a;.,:,r.x;%.,5" ,x.,xxY x., an<.,<:. .t, .,,, ;;{_;,: <. ✓'x p.: r ,, .s ��'�5:,�,�,nr<� ,�",t'n'. „Y"444 , :,, :,,, 01 SON ry.: . .;.E.:i'f ,r�35E-„n;x,x .,a.N� .:t2,.�'\..'::': ,.�\,is-•� ,. .Z-,'v:''n •€ M1ni.,e n..�r .,E A” ...: 5.. •.Y::.>`,,,;�.:Q'D.i�pm:, ^•2:.':Li\t::::::"'�:.• r ;;E. •r=' x?'�Ec.f. >t .. '� t.*,L: :, `\moi.; E:Sa' »•;SEE.E ��`, :mss, mail ':\ �:��x4: •r•• �� '„r"",�:". a,), E�.•�'y.�•• ^E,: '::�r .. ��S•�-::.�+`:4•r•`•;r,:,i,i.`' :'�',-, 4s•s,a, xtE ''t:�M. �,�.� a� kt ;'r,r :,: '\�, \.�' '3y.,:E:.:.:�r.,.;;;•2.:.,,,,;,:. n.. t'r{....r,., .... E•.��. .�': `ta�.a(t€t.t.4F .. �.:\'�. �\:f.Y."u `^ \"•'-.:�::.::'�in'•.. 'r E`��Ni: •v a f�vlxaa ...€a d::'•�"nx\E.e x E" 1� ..� �:L�x�•\`T' '•t' Or! ' :.�E ':•giEta,,' xis n'`;� x rv, 'E:'its y: 'wfti l{,''6t 1i.}t"' •x E'�"•t Si'ne,0" �••'(".t• v"'\€^`-:'a-,'. �•..•; :Z•w €E t .�ti3�.4��v�,�,x"':1?'.�'�"i "y`S, �x ��v= :.�€,, `�2 ar "'fie H.�^-.' •t»a"ht 3 &+,,x"nt ,.�' ��i s• �":'[�:a�., `'-�.xvit',. €;� R �y at• R'•`'.. �:4�`+"`��.ti,',�`°'r.,�a�.,�. �•.. ar:€�, a Pa;. �' �:.i.F `�S° S'�.x �"1 rx�; A t •tE,\,., lies, K�` � �'R2n•t��.;..:� '�' 't`'Nw'...\.':'�.: �� 'I:• "'.fix. �.'- til. E.@„`+�'., �,°•` ..,v. „'l,.y\. ';� �,,,i,E.,,i•:r E2i-x: ,�:ty.'py�hy.�{•€•t.,€`,•, n.\n�.;i.".,. :, :[�i��€' •� �I: �_. ..'LE!<1`'• '€ axN s !{ IS'• •F.'W,4'€ S [[t;r3.: '<L'?" .�i tt.:Y�•.! \' ' {(:.F .Y+:`Arr,�'.'r3r3Srhap€,;; a\i;.i ;r� y:j.w,;.h.,:.:,:,'r'x,,' Ef��\\.., .•n *�.a•x2'''i��" ROMA ,.\ „E�� f•..w. S„;':'::': ..r "E"-E' v.f �• � v gym.`. x i..x •.•.ro�Y'e{ .. \n:.. ..<a.. x e{, '.adz \�� •'2:.5:.�. .v�.i• 'E€{•t.'. �€ a ..a tx xa Via. �S, E,'•.x' ..E€., aY"'=-� ��,\ a �E trnEEx,.S: €;.r..Et ,',�:• ..'.f'..:x'� 'E" ii. :.:2... '£-' r.t <dt€\..`a t �' EEi....i'. .,; t .�C � `. ,• `z \�\.��'�;;�' "'.r vi:.�h.•.,::, r€�,E.E.' 't_�,t �v,.�„�, .€- i{3i EA'�� EE� €�� „�: _�€ •E;&E.EE t; t,� �, € �f .apE�,Ex,,tk\ •v .-q" . ".::.:\y n.:i•-y'?,�EE:,;(..',txt".p'a��fat?...Z,'..tt E•A t;r EE� .,., t �s Eu E..: •\ x.Sr.:: 'y�3 Er ,`..,v, r E,EEi E• dkE,,.&Ea t.,E t ,"€. ' ^e",_P.s"•i� L"':.0:-h'i\, \`�'ie>t•=+_. tEvE„�ZHtS veva EE:{{:.;e: E�-� � a S\,.."L`R� \E Q�u'�\w\'Q\ `yy�. ;vN: �'°�4 �u.0 @@ ' E,I, €• ..€rE" C €`'` '_ �\ ' <«. "tv3•; .R vli`- .xx5vry E. t:i r., e��rrLelt• E S,t". •€EE• 'Va .v x€R-'•'-- P 'E ., ..,E.. .r rax `"�•- ., n•\.`."FoJx�" g.Fa•`. 'rw;3'aY3vFn. .t E.E,f•N•',t;..,E, `€EE�E.t .tG�.. "\�� \�.�''" •`:@\@ � `..\'`S €'�.1"�.=•f. nn"�''��. tr:• , a � r s „ \ r.•t� •eaate• r a•rar::.. ,x FEB 1 5 2017 Southoid Town Board of Tr'sees The residents in my neighborhood and the town is well aware that the tax map prior to 2013 did not show the two separate parcels and that the combined square footage of the combined 12.1 /12.2 lot is now 50%larger than the square footage attributed to the original lot 12.0. Any claim that this increase is due to accretion on the beach is mathematically incorrect and could be perceived as an attempt to deceive. C %,axlQ, &.: Win= ` . a' :�' a• „„`;°ao y;,;.vfAi ' 27 'f OR FIV t , € " 4( ' t- 101, AN�_ �•� � Him Wi-f . , Ilk A4,t <a . Otf* .:i,�.kms. t ,�,'9f '�( WA �� it DAY ?_ M O f es+ = L71 N _ V M D. Excerpt from Spano Abstracts Title Search SIPANO ABSTRACT SERVICE CORP. , HEREBY CERTIFIES TO THE TOWN OF SOUTHOLD, SUFFOLK COUNTY,, NEW YORK A series of deeds di6scribing the Pmmises under examination,all having been recorded on January 22, 2013 in Liber 12718 Page 263, 264, 265 and 266 were each delivered by Orantors,with no apparent fee interest in the Premises under examination. None of the aforementioned deeds contains any recite regarding the Grantors? source of title far the Premises under examination. This company finds no title vested in Todd E.Freed and/or Edith Webster Freed by virtue-of the aforementioned, or by virtue of any odipr instrument in the public record. 2017 �, •`' 4' T✓' 1�e no 7 RE: Wetlands Permit Request#SCTM 1000-116-6-12.1&12.2 FEB 1 3 20RD u 17 i i Todd Freed&Edith Webster Freed, 12400 New Suffolk Avenue Cutchog� athold Town WWard o Tr,;;. , r My name is Miranda Beeson. I am a year-round resident at a cottage owned by Randy Plimpton and siblings,located at 12250 New Suffolk Avenue, directly to the west of the new Freed construction/residence. I write in regard to the above referenced application for a Wetlands Permit for the construction of a swimming pool, multiple patios, "installation of various landscape design features," including(but not limited to?) stepping stone walkways, an 18" landscape wall,hedgerows,planting beds, etc.,removal of trees and cutting of a new 4'path through natural vegetation towards Peconic Bay. I have long-standing ties to this stretch of Cutchogue,having grown up with the Douglas Moore family,whose house used to be located at the corner of Moores Lane and New Suffolk Avenue. I go way back. This is a place I call "home." It is with deep concern that I have watched the Freeds tear down over 100 trees on their property, show a callous disregard for property lines, intimidate neighbors and rightful beach-goers,both in language, and in behavior. I have always known the North Fork to be a neighborly place,particularly down here,where most everyone is on a first name basis, offers help, a just-caught fish, some clams, or the loan of a kayak to someone who's visiting. The Freeds have never bothered to introduce themselves,greet anyone in passing, much less reach out to their neighbors to address multiple concerns over construction issues, noise, shattered tree limbs falling outside their property lines, and more—which went on unabated seven days a week, often twelve hours a day for (I estimate) 24 months. I won't go into details regarding the contested right-of- way other than to say it's my understanding a ROW is ROW is a ROW. It was clear to me that$1000 fine for tree-clearing was a pittance to the Freeds. It is also clear that the one remaining oak tree on their property which they propose moving,will be reduced to toothpicks in,the first hour of the first day of their proposed beach-side construction. I do not believe a Wetlands Permit should be granted, or that any remaining trees should be felled.Their current construction is a desecration of nature. I don't believe they should be granted permission to desecrate the water front as well. Shall I mention pollution run-off issues from their pool and its discharged chemicals, leeching into our already nitrogen-challenged Peconic Bay? I also find the proposed "various landscape design features," to be vague.Vague when it comes to the Freeds can easily equal twenty tons of Belgian block. I would strongly recommend clarification—details.As for an automated pool cover—has anyone ever seen/heard one? Is it a permit issue? A noise issue? Finally, I don't believe anyone on our stretch of beach has felt the•need to hack a 4 foot wide "path," through delicate vegetation (paved?) to the beach.We just use the pathways that nature has allowed us—over the years. Leave what's left of fragile vegetation—alone. May we show some respect for the natural world. Let's not add to existing erosion issues,which I have watched advance at an alarming rate over the past many years. I thank you for your time and consideration of the above statement requesting that that this Wetland Permit Request be denied. Miranda Beeson 12250 New Suffolk Avenue, Cottage Cutchogue, 11935 miranda(@mirandabeeson.com www.miraridabeeson.com www.douglasmoorefund.or� 917-714-5105 C� EOE EEB 2017 Southold TOM oar Tru ee 1 I Cantrell, Elizabeth From: Hagan, Damon Sent: Monday, February 13, 2017 10:29 AM To: Cantrell, Elizabeth Subject: Fwd:Wetlands Permit Request SCTM#1000-116-6-12.1 & 12.2 Attachments: RE-WPermitRequest# 1000-116-6-12.1&12.2.docx CEIVE FEB 1 3 2017 ' Sent from my Verizon 4G LTE smartphone Southold Town -------- Original message -------- Board of Trustees From: Miranda Beeson<miranda@q,mirandabeeson.com> Date: 2/13/17 8:34 AM (GMT-05:00) To: "Hagan, Damon"'<damonhgsoutholdtowy . ov> Subject: Wetlands Permit Request SCTM#1000-116-6-12.1 & 12.2 I thank you for your time and consideration of the enclosed statement requesting that this Wetland Permit Request be denied. (In body of email&attached.) Miranda Beeson www.mirandabeeson.com S www.douglasmooreftind.org r 917-714-5105 (j\, R r� RE: Wetlands Permit Request#SCTM 1000-116-6-12.1&12.2 V Todd Freed&Edith Webster Freed, 12400 New Suffolk Avenue, Cutchogue My name is Miranda Beeson.I am a year-round resident at a cottage owned by Randy Plimpton and siblings,located at 12250 New Suffolk Avenue,directly to the west of the new Freed construction/residence. I write in regard to the above referenced application for a Wetlands Permit for the construction of a swimming pool,multiple patios, "installation of various landscape design features,"including(but not limited to?)stepping stone walkways, an 18"landscape wall, hedgerows,planting beds, etc.,removal of trees and cutting of a new 4'path through natural vegetation towards Peconic Bay. I have long-standing ties to this stretch of Cutchogue,having grown up with the Douglas Moore family,whose house used to be located at the corner of Moores Lane and New Suffolk Avenue.I go way back.This is a place I call"home." 1 t It is with deep concern that I have watched the Freeds tear down over 100 trees on their property,show a callous disregard for property lines,intimidate neighbors and rightful beach-goers,both in language, and in behavior. I have always known the North Fork to be a neighborly place,particularly down here,where most everyone is on a first name basis, offers help,a just-caught fish,some clams,or the loan of a kayak to someone who's visiting. The Freeds have never bothered to introduce themselves,greet anyone in passing,much less reach out to their neighbors to address multiple concerns over construction issues,noise,shattered tree limbs falling outside their property lines,and more—which went on unabated seven days a week,often twelve hours a day for(I estimate)24 months. I won't go into details regarding the contested right- of-way other than to say it's my understanding a ROW is ROW is a ROW. It was clear to me that$1000 fine for tree-clearing was a pittance to the Freeds.It is also clear that the one remaining oak tree on their property which they propose moving,will be reduced to toothpicks in the first hour of the first day of their proposed beach-side construction: I do not believe a Wetlands Permit should be granted, or that any remaining trees should be felled.Their current construction is a desecration of nature.I don't believe they should be granted permission to desecrate the water front as well. Shall I mention pollution run-off issues from their pool and its discharged chemicals,leeching into our already nitrogen-challenged Peconic Bay? I also find the proposed"various landscape design features,"to be A noise issue? Finally,I don't believe anyone on our stretch of beach has felt the need to hack a 4 foot wide"path,"through delicate vegetation (paved?)to the beach.We just use the pathways that nature has allowed us—over the years. Leave what's left of fragile vegetation—alone.May we show some respect for the natural world.Let's not add to existing erosion issues,which I have watched advance at an alarming rate over the past many years. I thank you for your time and consideration of the above statement requesting that that this Wetland Permit Request be denied. Miranda Beeson 12250 New Suffolk Avenue, Cottage Cutchogue, 11935 miranda@,,mirandabeeson.com www.mirandabeeson.com 2 www.douglasmoorefund.org 917-714-5105 3 ' � s RE: Permit# 1000-1116-6-12.1&12.2 Todd Freed &Edith Webster Freed, 12400 New Suffolk Avenue, Cutchogue To the Board, My name is Randy Plimpton and I, my sister and my brother own the home directly west of the Freed property. When my grandfather built this house in 1925, he knew that he was one of the "new comers" in the neighborhood and treated the other 3 adjacent neighbors on the waterfront with the respect that any new neighbor might. Almost 100 years later we have a situation here where a family has come in and built as massive a house as they're legally allowed to next door. And have cut down every tree on the property - well over one hundred of them - save these last 6. Yes they were fined $1,000 for doing so. However, this is pocket change to them and barely a blip on their radar I'm sure. Now they not only want to cut down these last 6 remaining trees but also want to upset the natural beach grass habitat so that they can have an entitled path to the beach larger than the one that already exists - oh, and by the way, they say they'll transplant the 1 oak in that group of 6 trees. Don't believe it. That's there for your benefit as a bone - if they already cut down every other tree (including many oaks) what makes one think they'd save this last one? I know the Freeds think they've done a great thing for the community by building a massive Nantucket style house here. But I think I can speak for the entire neighborhood by saying we just wish they'd taken themselves and their house and built it on Nantucket. Respectfully, ..;) i L� � Randy Plimpton FEB 1 3r 12250 New Suffolk Avenue, Cutchogue, NYShrS 1 Southold Board of of T Jr I RE: Wetlands Permit Request#SCTM 1000-116-6-12.1&12.2 Todd Freed&Edith Webster Freed, 12400 New Suffolk Avenue, Cutchogue My name is Miranda Beeson. I am a year-round resident at a cottage owned by Randy Plimpton and siblings, located at 12250 New Suffolk Avenue, directly to the west of the new Freed construction/residence. I write in regard to the above referenced application for a Wetlands Permit for the construction of a swimming pool, multiple patios, "installation of various landscape design features," including(but not limited to?) stepping stone walkways, an 18" landscape wall, hedgerows, planting beds, etc.,removal of trees and cutting of a new 4' path through natural vegetation towards Peconic Bay. I have long-standing ties to this stretch of Cutchogue,having grown up with the Douglas Moore family,whose house used to be located at the corner of Moores Lane and New Suffolk Avenue. I go way back. This is a place I call "home." It is with deep concern that I have watched the Freeds tear down over 100 trees on their property, show a callous disregard for property lines,intimidate neighbors and rightful beach-goers,both in language, and in behavior. I have always known the North Fork to be a neighborly place, particularly down here,where most everyone is on a first name basis, offers help, a just-caught fish, some clams, or the loan of a kayak to someone who's visiting. The Freeds have never bothered to introduce themselves, greet anyone in passing, much less reach out to their neighbors to address multiple concerns over construction issues, noise, shattered tree limbs falling outside their property lines, and more—which went on unabated seven days a week, often twelve hours a day for (I estimate) 24 months. I won't go into details regarding the contested right-of- way other than to say it's my understanding a ROW is ROW is a ROW. It was clear to me that$1000 fine for tree-clearing was a pittance to the Freeds. It is also clear that the one remaining oak tree on their property which they propose moving,will be reduced to toothpicks in the first hour of the first day of their proposed beach-side construction. I do not believe a Wetlands Permit should be granted, or that any remaining trees should be felled. Their current construction is a desecration of nature. I don't believe they should be granted permission to desecrate the water front as well. Shall I mention pollution run-off issues from their pool and its discharged chemicals, leeching into our already nitrogen-challenged Peconic Bay? I also find the proposed "various landscape design features," to be vague. Vague 5 when it comes to the Freeds can easily equal twenty tons of Belgian block. I would strongly recommend clarification—details.As for an automated pool cover—has anyone ever seen/heard one? Is it a permit issue? A noise issue? Finally, I don't believe anyone on our stretch of beach has felt the need to hack a 4 foot wide"path,"through delicate vegetation (paved?) to the beach.We just use the pathways that nature has allowed us—over the years. Leave what's left of fragile vegetation—alone. May we show some respect for the natural world. Let's not add to existing erosion issues,which I have watched advance at an alarming rate over the past many years. I thank you for your time and consideration of the above statement requesting that that this Wetland Permit Request be denied. Miranda Beeson 12250 New Suffolk Avenue, Cottage Cutchogue, 1193S miranda@mirandabeeson.com www.mirandabeeson.com www.douglasmoorefund.org 917-714-5105 �'i `ILL- FEB 1 3 2011 ` k Southold TOW ' Cantrell, Elizabeth From: Jill Doherty - Forward Sent: Monday, February 13, 2017 8:34 PM To: Cantrell, Elizabeth; DiSalvo, Diane Subject: Fw:Wetlands Permit Request#SCTM 1000-116-6-12.1&12.2 Attachments: RE-WPermitRequest#1000-116-6-12.1&12.2.docx FYI. I let Miranda know that I am passing this on to you so the Board of Trustees can see as i don't vote on Trustee app. Thanks Jill D IVE ----- Forwarded Message----- FEB From: Miranda Beeson <mirandaCc.D_mirandabeeson.com> 1 3 2017 To: iill dohertyna.town.southold.ny.us Sent: Monday, February 13, 2017 8:58 AM Southold To4vn Subject: RE:Wetlands Permit Request#SCTM 1000-116-6-12.1&12.2 a o Tru I thank you for your time and consideration of the enclosed statement requesting that this Wetland Permit Request be denied. (In body of email & attached.) Miranda Beeson www.mirandabeeson.com www.douglasmoorefund.orq 917-714-5105 RE: Wetlands Permit Request#SCTM 1000-116-6-12.1&12.2 Todd Freed & Edith Webster Freed, 12400 New Suffolk Avenue, Cutchogue My name is Miranda Beeson. I am a year-round resident at a cottage owned by Randy Plimpton and siblings, located at 12250 New Suffolk Avenue, directly to the west of the new Freed construction / residence. I write in regard to the above referenced application for a Wetlands Permit for the construction of a swimming pool, multiple patios, "installation of various landscape design features," including (but not limited to? ) stepping stone walkways, an 18" landscape wall, hedgerows, planting beds, etc., removal of trees and cutting of a new 4' path through natural vegetation towards Peconic Bay. 1 I have long-standing ties to this stretch of Cutchogue, having grown up with the Douglas Moore family, whose house used to be located at the corner of Moores Lane and New Suffolk Avenue. I go way back. This is a place I call "home." It is with deep concern that I have watched the Freeds tear down over 100 trees on their property, show a callous disregard for property lines, intimidate neighbors and rightful beach-goers, both in language, and in behavior. have always known the North Fork to be a neighborly place, particularly down here, where most everyone is on a first name basis, offers help, a just-caught fish, some clams, or the loan of a kayak to someone who's visiting. The Freeds have never bothered to introduce themselves, greet anyone in passing, much less reach out to their neighbors to address multiple concerns over construction issues, noise, shattered tree limbs falling outside their property lines, and more—which went on unabated seven days a week, often twelve hours a day for (I estimate) 24 months. I won't go into details regarding the contested right-of-way other than to say it's my understanding a ROW is ROW is a ROW. It was clear to me that $1000 fine for tree-clearing was a pittance to the Freeds. It is also clear that the one remaining oak tree on their property which they propose moving, will be reduced to toothpicks in the first hour of the first day of their proposed beach-side construction. I do not believe a Wetlands Permit should be granted, or that any remaining trees should be felled. Their current construction is a desecration of nature. I,don't believe they should be granted permission to desecrate the water front as well. Shall I mention pollution run-off issues from their pool and its discharged chemicals, leeching into our already nitrogen-challenged Peconic Bay? I also find the proposed "various landscape design features," to be vague. Vague when it comes to the Freeds can easily equal twenty tons of Belgian block. I would strongly recommend clarification— details. As for an automated pool cover—has anyone ever seen/heard one? Is it a permit issue? A noise issue? Finally, I don't believe anyone on our stretch of beach has felt the need to hack a 4 foot wide "path," through delicate vegetation (paved?) to the beach. We just use the pathways that nature has allowed 2 us—over the years. Leave what's left of fragile vegetation—alone. May we show some respect for the natural world. Let's not add to existing erosion issues, which I have watched advance at an alarming rate over the past many years. I thank you for your time and consideration of the above statement requesting that that this Wetland Permit Request be denied. Miranda Beeson 12250 New Suffolk Avenue, Cottage Cutchogue, 11935 D E rf-% E V E FEB 1 3 2017 miranda mirandabeeson.com SOUthold lawn www.mirandabeeson.com ar Tr e www.douglasmoorefund.org 917-714-5105 Miranda Beeson www.mirandabeeson.com www.douglasmoorefund.org 917-714-5105 Miranda Beeson www.mirandabeeson.com Miranda Beeson www.mirandabeeson.com www.douglasmoorefund.org 3 917-714-5105 y v FL FEB 1 3 2017 Southold Tovin -A a f Tru e 4 i .E D C E RE:Wetlands Permit Request#SCTM 1000-116-6-12.1& 2.2 FEB 1 3 201, Todd Freed &Edith Webster Freed, 12400 New Suffolk en B a Tru ees - My name is Miranda Beeson. I am a year-round resident at a cottage owned by Randy Plimpton and siblings,located at 12250 New Suffolk Avenue, directly to the west of the new Freed construction/residence. I write in regard to the above referenced application for a Wetlands Permit for the construction of a swimming pool, multiple patios, "installation of various landscape design features," including(but not limited to?) stepping stone walkways, an 18" landscape wall,hedgerows,planting beds, etc.,removal of trees and cutting of a new 4'path through natural vegetation towards Peconic Bay. I have long-standing ties to this stretch of Cutchogue,having grown up with the Douglas Moore family,whose house used to be located at the corner of Moores Lane and New Suffolk Avenue. I go way back.This is a place I call "home." It is with deep concern that I have watched the Freeds tear down over 100 trees on their property, show a callous disregard for property lines, intimidate neighbors and rightful beach-goers,both in language, and in behavior. I have always known the North'Fork to be a neighborly place, particularly down here,where most everyone is on a first name basis, offers help, a just-caught fish, some clams, or the loan of a kayak to someone who's visiting. The Freeds have never bothered to introduce themselves,greet anyone in passing, much less reach out to their neighbors to address multiple concerns over construction issues, noise, shattered tree limbs falling outside their property lines, and more—which went on unabated seven days a week, often twelve hours a day for (I estimate) 24 months. I won't go into details regarding the contested right-of- way other than to say it's my understanding a ROW is ROW is a ROW. It was clear to me that$1000 fine for tree-clearing was a pittance to the Freeds. It is also clear that the one remaining oak tree on their property which they propose moving,will be reduced to toothpicks in the first hour of the first day of their proposed beach-side construction. I do not believe a Wetlands Permit should be granted, or that any remaining trees should be felled.Their current construction is a desecration of nature. I don't believe they should be granted permission to desecrate the water front as well. Shall I- mention pollution run-off issues from their pool and its discharged chemicals, leeching into our already nitrogen-challenged Peconic Bay? I also find the proposed "various landscape design features," to be vague.Vague when it comes to the Freeds can easily equal twenty tons of Belgian block. I would strongly recommend clarification—details.As for an automated pool cover—has anyone ever seen/heard one?Is it a permit issue? A noise issue? Finally, I don't believe anyone on our stretch of beach has felt the need to hack a 4 foot wide "path," through delicate vegetation (paved?) to the beach.We just use the pathways that nature has allowed us—over the years. Leave what's left of fragile vegetation—alone. May we show some respect for the natural world. Let's not add to existing erosion issues,which I have watched advance at an alarming rate over the past many years. I thank you for your time and consideration of the above statement requesting that that this Wetland Permit Request be denied. Miranda Beeson 12250 New Suffolk Avenue, Cottage Cutchogue, 11935 miranda@mirandabeeson.com www.mirandabeeson.com www.douglasmoorefund.org 917-714-5105 E1'11(3�11E � VE I FEB 1 3 2017 Southold town Board of Trustees Michael J.Domino,Presii"P 1� �O�Q Town Hall Annex John M.B edemeyer III,Vice Pi siaent y� e 54375 Route 25 Charles J. Sanders a P.O.Box 4179 ca Glenn Goldsmith Southold,NY 11971 A.Nicholas Krupski ?� p� Telephone(631)765-1892 ova Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: a�� Lo 131.00 Completed in field by: S K� En-Consultants on behalf of TODD FREED & EDITH WEBSTER-FREED requests a Wetland Permit to construct a ±18'x37' swimming pool (with automated pool cover), a ±10'x37' on-grade masonry pool patio; and an_approximately 464sq.ft. on-grade masonry terrace on the waterside of existing dwelling; remove seven (7) existing trees from vicinity of proposed swimming pool, including one oak tree to be relocated to/replaced in new location; install a drainage-system of drywells to collect swimming pool discharge and surface water runoff from proposed patio surfaces; install pool enclosure fencing with gates; remove existing flagpole from area of natural vegetation; abandon existing path to beach and establish new 4' wide path through natural vegetation to beach; and install various landscape design features, including ±18" high landscape wall, stepping stone walkways, planting beds, and hedgerows; and for a 150sq.ft. on-grade masonry terrace with built-in grill. Located: 12400 New Suffolk Avenue, Cutchogue. SCTM# 1000-116-6-12.1 & 12.2 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=4 Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. ' Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice o,Hearing Card Posted: Y / N Ch. 275 Ch. 111 SEQRA Type: 1 II Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Surveys 5,years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application complete-ness/comments/standards: —Dfywe11 gee-(r '/ioo a9 6P lw enfL--A3 ( Present were: V J. Bredemeyer . Domino " G. Goldsmith /N. Krupski V//C. Sanders Other Page 1 of 2 Michael J. Domino,PresbCO l Town Hall Annex John M.Bredemeyer III,Vice-Pr dent �� Gym 54375 Route 25 Charles J. Sanders � '�'� P.O.Box 1179 Glenn Goldsmith Southold,NY 11971 A.Nicholas Krupski p! Telephone(631)765-1892 Fax(631)765-6641 `�Zzz-.cmc" BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: Completed in Work Session by: En-Consultants on behalf of TODD FREED & EDITH WEBSTER-FREED requests a,Wetland Permit to construct a ±18'x37' swimming pool (with automated pool cover), a ±10'x37' on-grade masonry pool patio; and an approximately 464sq.ft. on-grade masonry terrace on the waterside of existing dwelling; remove seven (7) existing trees from vicinity of proposed swimming pool, including one oak tree to be relocated to/replaced in new location; install a drainage system of drywells to collect swimming pool discharge and surface water runoff from proposed patio surfaces; install pool enclosure fencing with gates; remove existing flagpole from area of natural vegetation; abandon existing path to beach and establish new 4' wide path through natural vegetation to beach; and install various landscape design features, including ±18" high landscape wall, stepping stone walkways, planting beds, and hedgerows; and for a 150sq.ft. on-grade masonry terrace with built-in grill. Located: 12400 New Suffolk Avenue, Cutchogue. SCTM# 1000-116-6-12.1 & 12.2 Ch. 275-12 - STANDARDS FOR ISSUANCE OF PERMIT ` MET=X or Comment=* A. Adversely affect the wetlands of the Town: B. Cause damage from erosion, turbidity or siltation: C. Cause saltwater intrusion in the fresh water recourses of the Town: D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife & vegetation or the natural habitat thereof: E. Increase'the danger of flood and storm-tide damage: F. Adversely affect navigation tidal waters or the tidal flow of the tidal waters of the Town: G. Change the course of any channel or the natural movement or flow of any waters: H. Weaken or undermine the lateral support of other lands in the vicinity: I. Otherwise adversely affect the health, safety and general welfare of the people of the Town: J. Adversely affect the aesthetic value of the wetland and adjacent areas: Ch. 111-9 - ISSUANCE OF PERMIT . MET=X or Comment=* A. Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location: B. Is not likely to cause a measurable increase in erosion at the proposed site and at other locations: C. Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values, existing erosion protection structures and natural resources: D. :525% Expansion/Calculation Work Session Notes Application Complete SEQRA Classification Confirmed Coordinated Review Y/N Pos/Neg Declaration CAC: LWRP: Additional information on comments/to be discussed/Public Hearing: Date: Completed By: Present: J. Bredemeyer I M. Domino G. Goldsmith N. Krupski C. Sanders E. Cantrell D. Di Salvo Other Page 2 of 2 t odd Freed&Edith Webster-Freed 12400 New Suffolk Ave.,Cutchogue �{ SCTM#: 1000-116-6-12.1&12.2 2/7/17 y � tC . f t �e \v f5 FTT }try �5*p ,ri I- - __••. _ ij tireT • �-� � . . is / �___._ TODD FREED AND EDITn WEBSTER-FREED, 12400 NEW SUFFOLK AVENUE,CUTCHOGUE Y a i . iii iu� mw �rrin iG ndi iI19111i iil IIIIIIIIIIIIIIII,!lIII INT! Ilon Figure 3. Looking northeast over location of proposed swimming pool and pool patio; and toward existing dwelling and locations of proposed masonry terraces. v P'P v u r � i Figure 4. Looking south toward Great Peconic Bay and location of proposed replacement oak&existing path to beach to be abandoned(to left offlagpole);lagpole);at location of proposed relocated path to beach (to right of flagpole);and at existing flagpole to be removed I Cantrell, Elizabeth From: Anthony Pasca <apasca@ehalaw.com> Sent: Wednesday, February 01, 2017 4:06 PM To: Duffy, Bill; Silleck, Mary Subject: Freed deeds to high water Attachments: doc20170201174631.pdf Bill- Thank you for getting this back on track. I pulled the conveyance deeds and attach them for your records. The property was conveyed through multiple deeds on the same day,though as I said,the title company required two descriptions, one of the 33-foot strip and one of the rest of the parcel. The tax map people gave it two tax numbers because there was a divided description. But all deeds were to the Freeds as Husband and Wife (not separate ownership), so there was always common ownership of the whole parcel and never any attempt to actually"subdivide"the land. On the second question you had,the attached deeds confirm that all of the descriptions run to the high water line. So whatever the "depth"of the lot is at any particular time is not really determinative. Under common law, if there is erosion or accretion (which in this case there seems to have been accretion over time),the property will run to the high water line regardless. I believe that should explain the discrepancies over time in the depth measurements. Let me know if you need any additional info. Regards, Tony Anthony C. Pasca Esseks, Hefter,Angel, Di Talia & Pasca, LLP Counselors at Law Ph.: 631-369-1700 Fax: 631-369-2065 www.ehalaw.com Riverhead Office (For Mail &Service): 108 E. Main Street P.O. Box 279 Riverhead, NY 11901 J ' Southampton Office (By Appointment Only) 1 30 Main Street G' Southampton, NY 11968 FEB ® 2 '2017 East Hampton Office (By Appointment Only) 34 Pantigo Road Southold Town a f u East Hampton, NY 11937 1 The information contained in this a-mail is intended for the use of the named recipient only. It may contain information that is legally privileged, confidential, and/or exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any use, disclosure, dissemination, distribution, copying, or taking any action in reliance on the contents of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, by using your reply button to advise us of such error. Thank you. The information included herein,is not intended or written to be used, and it cannot be used, by any taxpayer for the purpose of avoiding penalties that the IRS may impose on the taxpayer, nor for the purpose of promoting, marketing or recommending to another party any tax-related matter addressed herein. (The foregoing disclosure has been affixed in connection with Title 31,Code of Federal Regulations,Sub-title A, Part 10). LP u FEB - 2 2017 southotd iown oar d o see 2 . fl Illi f fl I!l -Ill Illl If 111 111 ll III I I ll II I Ili IIII 111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE of Instrument, DEED Recorded: 01/22/2013 Number of Pages: 5 At: 04:09:46 PM Receipt Nor : 13-0005390 TRAY : 12-13759 LI$ER: D00012718 PAGE: 263 District: Sec tion: Block: Lot: 3000 116.00 06.00 01.2.001 EXAMNBD AND CHARGED AS FOLLOWS DeadAmount: $0.00 r I J Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $25.00 NO Handling $20.00 NO COO $5.00 NO HYS SRCRG $15.00 NO ' -CTY $5.00 NO -STA $125.00 No TP-5$4 $5.00 NQ Notation $0.00 NQ cart.Copies $0.00 NO RPT $120.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 No Emma Paid $320.00 TRANSFER TAX HUMBER: 12-13759 THIS PAGE IS A PART OF THE INSTRDMNT THIS IS NOT A BILL JMITH A. PASCALE County Clerk, Suffolk County DE CE VE FEB _ 2 2017 Southold Town oar of T u oes ' (23n0� pTJY%'KtPR •ONI'M ldo!)M( Cr:)3H of xoldcl x-uso xm MV-111M aalma 40 nam.s s xal a�Sn11 We Jola- qvl4jo ur�o1 PlagjnoS aov-ITA 91P R yL- LLOZ Z � 83� -}RloxlaSAT�.una�xTo.�ns - . ur pamnll6 6!ummg 936[WD.Id au 1%� � � GI.N�ItItL6,sts da�aaG.�.x�aas) q x , M—u oqt 1A uea emiO3*Ned Sm gaud juaulaslopua V BulpJoao Junod 3nojjns $ �S�E' - o!< - �'Tus i{aalaJno6•Rulqunoa�lo�.gns•an�n . .La�Sg� s3s P bM? API`PSeu�enlLl'8AVa 8jM3 0!.£ U04mmuoa�� , L slaalo dlunoo Slla.4ng`aleased'Y y1!Pnr=ol I!SfN CLL PPt+8 .nq z=mo Avadwd m'I meq*W-,a 3goaaisuouaelsnes 9 � paaotthul l u°near¢pap �. S anQ xaz ado 61441`8 dauaSb Mr�S XqL —� Turwur{UO.481 appaoo dv !fwd F2-d ZOOdtu 0090 00911 0007 Pma uQRm se Apuffimoo S ToozTo 0090 009TT 0001 S�ZZ00£� 7s� r �i-eloe '7Uawnum m jo 4 9$ed uo amela M ataudwddu a "014 Je (7 Flu P` ON 30 M lelol qRS •dTuo Ug.wmP Kum; 00 'St -2-P-MS SAN onu m ouo a Aq pananftta'q Ipm ,o Adoa pag.Wa sr 02e2Tmm m dq P--- ou "Iuozsuuw • xuJ�Jsml 00 'S P33o' 0J 7-uuu+EV•wo3 Pm r�r-—[� -vs-I:xa `�ano�1eaQ unto 18nC[ 1.9./ xb.L•arm•.toi Llzs-VH - PPd/' S f� (aloy qng (IlmaaJ)LT ZS 2�RL qRS �` trSS•dL L3unoT7?PP�t'� DD'OZ guy tPMH •xgr,xszg-1 6dma4 g$u!P312 • vada dmu;s my a1TeSaoK I P-a mawnasai a2u&mw I Pwa 6S2CT-ZT Rl4 '6llP10*aj O;aolsd s9z d 21LZ10000 7 S,l1qIg nN Aignooe lopoS h1Hno0 Ala-uns 118 S,►ausas MGM•Paa*W AO Ma'V allq►1d®q HIM#uMMOP SRL 31UOSUd -11 KIM r1d WED-tv 4 Wer c loz --- sallsd�o n� - r F TMS INDENTURE,made the IS day of 2012 BETWEEN LAURIE DENNISON CAFARO,residing at,14 Placid Road,Carmel,NY 10512 partly of the first part,and Jeannette Case,as survivor of Donald Case,Deceased,residing at 13180 Oakmatmt Drive,Apacdtnent 1,Fort Myers,FL 33907,Donald G.Case,residing at 2143 Morrison Court, Orlando FL,Deborah Ann Case f/da Deborah Aim Karpinski,residing at S.W.First Avenue, Cape Coral FL 33914,and David R.Case,residing at 1602 Sable Sands Cowart,Sanibel,FL 33957, party of the second part, WITNESSETH,that the party of the first part,in consideration often dollars paid by the paq of the second part,does hereby remise,release and quitclaim unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, A .I.that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the See Legal Description attached hereto which is incorporated by reference as though set forth in full. SUBJECT TO all easements,rights of way and protective covenants of record,if any. Being the same premises which was conveyed to Donald Case,Donald G.Case,Deborah Ann Kaminski and David R.Cas,as tenants in cornmon by]heed dated December 1,2000,recorded March 7,2001,in Liber 12106 Cp. 10S. Being the same premises known as and by number 12400 New Suffolk Avenue,Cutchogne,NY. TOGETHER with all right,title and interest,if any of the party of the first pati in.and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER 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,pan 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. The word"party"shall be construed as if it read"parties"whenever the sense of the indent=so requires, IN WITNE,SS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. 1N PRESENCE OF: C'Aa.1 3 CEVr FEB _ 2 2017 Soi,thnid Town Board of � a ACKNOWLEDGMEKrr STATE OF NEW YORK ) COUNTY OF 6`10_M ) Ss.: On the ` day of f in the year before me,the undersigned, permnaily appeared Laurie Dennison C.afaro,personally known to nae or proved to me on the basis of satisfactory evidence to be the individuals)whose names)is(are)subscribed to the within instrurnent and acknowledged to me that he/she/they executed the same in histherftheir capacity(ies),and that by his/her/their signatures)on t3ie instzvntent,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument. DONNAFM V MYM MMM STATE OF NEW V= KrIMMOOVINVY XQ : UG- M47 ture d Office of individual taking COMM.EM JUNE rh 4 This=5&wledgment DEED r Laurie Dennison Cafarn ' Section 116.00 to Block 06.00 Case Lot 012.004 County Suffolk RECORD AND RETURN TO: JiD FEB - 2 2017 Southold lawn - T THIS i[lDl;N T .made the �/ day of .d M—UA Ltt 2013 BETWEEN Jeannette D.Case,as TRUSTEE of a Trtast created by Donald€1,Cash Deceased,dated July 19,2101, residing at 13150 Oakmount Drive,Apartment 1,Fort Dyers,FL 33907, a party of the first part,and TodAreed and Edith.Webster-Freed, as residing at 1200 Fifth Avenue,Apartment 9A,New York NY 10029 party of'the second part, WITNESSETH,that the party of the first part,in consideration of ten dollars paid by the party of the second part,does hereby grant and release unto the party of the second part,tate heirs or successors and assigns of the p"*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 description attached hereto) j Being the same preanises which was conveyed to Donald Case,Donald Cr.Case,Deborah Ann KaminAi and David R.Casey as tenants in common by Beed dated December 1,2000,recorded March 7,2001,in Liber 12106 Cp_ 105_ Ctywl �uia �•-- Being the same premises]mown as and by number 12400 Now Suffolk Avenue,Cutchogue,NY. TOGETHER with all right,title and interest:if any of the patty of the rust part in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights ofthe party of the first part in acrd to said premises; TO RAVE AND TO HOLD the premises herein granted unto the party of tete second part,the heirs or successors and assigns ofthe party ofthe second part forever. AND the party ofthe first part covenants that the party ofthe first part has not done or suffered anything whereby the said premises have been encumbered in anyway whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consider afion 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 ofthe cast ofthe improvement before using any part ofthe total of the sane for any other purpose;. The word"party"shall be construed as if it read"parties"whenever the sense ofthe indenture so requires. IN WITNESS WHEREOF,the party ofthe first part has duly executed this deed the day and year first above written. nVE 2017 wn ee r IN PRESENCE OF: 106finette D.Case,Tniste+e ACKNOWLEDGMENT State Of Florida ) County O—f7 4-i'� } Ss.: On the / 7' day of iuu-q _in the year 2-0I.3, before me,the undersigned, personally appeared Jeannette Case+personally known to me or proved to me an the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hisrher/their capacity(ies),and that by his/her/their sigaatlue( )on the instrument,the individual(s),or the person upon behalf of which the individual(s)actcd,executed the instrument,and that such individual made such appearance before the undersigned in_ c;o L7' L4&aS County of Lee,State of Florida-. i Si afore and O�fficr6di�Aualtaking This acknowlecl This acknowledgment - NDTARYsHANKJ.UG �aor�rr puauc STATE OF FLORIDA C=mAE£0 BARGAIN AND SALE DEET? E*hs 12fi r.&14 Jeannette D.Case,as'Trustee Sec: 136.00 to Flock: 06.00 Lot: 012.00 Freed County: Suffolk State Of New York RECORD AND RE'T'URN TO: ® E � E0 FEB — 2 2017 Southold Town Boad of Trustees Title No.ADA-2455-S SCHEDULE A-DESCRIPTION Parccet 1 ALL that certain plot,piece or parcel of land,situate,lying and toeing in the Handel of Cutchogue, Town of Southold,County of Suffolk and State of New York,being more particularly bounded and described as follows: BEGI Q%HNG at a point on the northerly side of New Suffolk Avenue at the intersection of the northwesterly comer of the subject premises and the northeasterly corner of premises now or formerly of The Plimpton Family LLC; T IIENCE along the northerly side of New Suffolk Avenue South 76 degrees 59 minutes 20 seconds East 115.75 feet to land now or formerly of Carruthers; THENCE South 13 degrees 01 minute 40 seconds West 444.51 feet to the mean high water line of Great Peconic Bay; TBENCE along the mean high water line of Great Peconic Bay forth 68 degrees 42 minutes 01 second West 117.11 feet to land now or formerly of The Plimpton Family LLC; e THENCE along said land North 13 degrees 02 minutes 50 seconds East 427.66 feet to the northerly side of New Suffolk Avenue at the point or place of BEGINNING. arca ALL that certain plot,piece or parcel of land,situate,lying and being in the Hamlet of Cutcboguc, Town ofSouthold,County of Suffolk and State of New York,being more particularly bounded and described-as-follows: - BEGMING at a monument on the northerly side of New Suffolk Avenue at'the northeasterly coarser of the promises described herein and the uorthwesterly corner of the premises novo or formerly of Shaven and Nicole Fitzgerald; THENCE South 13 degrees 01 minute 40 seconds West 449.31 feet to the mean high water line of Great Peconic Bay; THENCE along the mean high water line of Great Peconic Bay North 68 degrees 42 minutes 01 second West 33.35 feet, continued .......... DE CEIE S , FEB - 2 2017 Southold Town Roard ofr f j , aaI - Title No.ADA-2155-S Schedule A-description Page-2- THENCE North 13 degrees 01 minutes 40 seconds East 444.51 feet to the northesIy side of New Suffolk Avenue; THENCE along the northerly side of New Suffolk Avmue South 76 degrees 5 g miuuies 20 seconds East 33.fl0 foet to a monument and the point or place of BEGINNING. a FOP.CGNVEYANCING ONLY.Together with A right,title and inierast of,In and Yo any streets and roads abutting the above described premises,to the ceutex tine thereof. EIVE 2 2017 d TownTr I IfI� r 1Q a{p{aq® Ip 1 III � �� SII III I IIS � II III III �� I I lIIIIIIII � IIII SUFFOLK FOLK COY CLERK RECORDS OFFICE RECORDING PACE T"s of Instrument: DEED Recorded: 01/22,/2013 Number of pages: 5 At: 04:09:46 r4 Receipt Number : 13-0008390 TRMSPM TAX ER: 12-13'761. LIBER: D00012718 PAGE: 265 Diatrict: Section: Block: Lot: 1000 116.00 06.00 012.001 EXMINED AND CHARGED AS FOLLOWS Dead Amount: $0.00 Received the Following Fees For eve Instrument Exempt Exempt Page/Filing $25.00 INTO Handling $20.00 NO COE $5.00 NO AT1S SRCHO $15.00 Pio ZA—CTY $5.00 No EA-STATE $125.00 No TP-584 $5.00 NO notation $0.00 No Cest.Copses $0.00 No RPT $120.00 No Transfer tax $0.00 NO Com..Pres $0.00 no Fees Paid. $320-00 TRANSFER AX ER: 12-13761 THIS PAGE 15 A PART OF THE INSTRUMENT THIS is NOT A BILL JWITH A. PASCALE County Clerk, Suffolk County Q ECCE_ FEB - 2 2017 Southold Tbwn B and of Trustee Alutnber of pages RECORDED 2013 Jan 22 0405:46 P11 JUDITH A. PASCALE `Ptn3s document vAll be pubilc citta'OF record.Please remove bsli SUFFOLK COINTv L DQODIVIS Social Security Numbers P4^0 prior to recording- DTk 12-13761 Deed 1 Mortgage Iasltumsni Dead i Mortgage Tax Stamp Raw f Filing Stamps 3 FEES page/Filing Pee q(t7 Mortgage Amt. L.Bask Tar _ Handling 20 2.Additiend Tar. TP-584 Sub Total _ Notation SpeclAssit. � or EA-52 17,County) Sub TOW� Sp,-c./Add. _ E&-5217(State) •. 7'OT.MTG.TAX R.PT.S.A. 1 t7 Dual 7bwa_Dual County— Held ountyHeld for Appoinbnent Comm,of Ed. 5. im TMsfer Tax Affidavit Mmsion Tax The property covered by this m °pl' -=— j or will be unproved by a on � Certified C A1YS Surcharge l5. 100 01t� family dwel�ng only_ Sub Total YES or NO Other GrnndTot2! Q �� 1f 140,see appropriate lax clause on page# of this luMmie t-f� r DiSL 1i002269 3000 11600 0600 012001 Commun ty Pme»ation Fatsd PTS- loan 11600 o600 012002- P0 f - - f Real Proper LPA p vZ Consideration Amount$ Tax Servic &.lAA1-0 -� Agency CPF Tax Due S Verificxtio �-- — — improved $ Satisfactions0ischargesrReleases List Property OwncrsMailingAddress RECORD&RE fiTFRP1 TO: Vac d Land TD fv TD A) TD Mail to:Judith A.Pascale,Suffolk County Clark 7 11fie C2MRM lnform ttaon 310 Center Drive,Riverhead,NY 11901 n . Jas -ZId�SV' 4c-r www suffolMountyny.gov iclerk Titled 714 - C9-ws Suffolk Counjy Recording ndorsement Page 71tis page Cotm>part of the a trt9ted m de by, (SPEC11•Y TYPE OF INST UMENT) �, TIM premises herein is situated in D t �"" �-_ 1 E SUFfOLK COUNTY,NEW YORK. TO In theTO N of F E B — 2 2017 i in the VD.LAGE or HAMM of _ BOXES 6 THRU S MIDST BE TYPED OR PRLrv-1 SD IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. SOuthold TOWR „a,a, (over ar of Truste S �Y9• t=Jtd. t " 14 TMS FMENTURF,made theday ofJJWJA�y 2013 BETWEENJ Jeannette Casey as survivor of Donald Case,Deceased and Ancillary Executrix of the Estate of Donald H.Case,Deceased,residing at 13180 0aktnount Drive,Apartment 1,Fort Myers,FL 33907,as Executrix of the bast Will and Testament of Donald H.Case a.Wa Donald Case,lade of Orlando,Florida,who died on the 7a'day of November,2012, Party ofthe First Part,and Todd Freed.and Edith Webster-Freed, ash residing at 1200 Fifth Avenue,Apartment 9A,New York NY 10029 party of the second part, WITNESSETH,That whereas letters testamentary were issued to the party of the first part by the Surrogate's Court Suffbik County,New York on De=rnher 19,2013,and by virtue of the power and authority given in*and by said last will and testament and/or by Article 11 of the Estates,Powers and Trusts Law,and in consideration of ten dollars paid by the party of the second part,does hereby grant and release unto the party of the second parr,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 Description attached hereto which is incorporated by reference as though set forth in full. SUB ECT-TO all easements,rights of way and protective covenants of record,if any. Being the same premises which was conveyed to Donald Case,Donald 0.Case,Deborah Ann Kaminski and David P-Case,as tenants in common by Deed dated December 1,2000,r"orded March 7,200 1,in Liber 12106 Cp. 108. Being the same premises known as and by number 12400 New Suffolk Avenue,Cutchogue,NY. TOGETHER with all right;title and'interest,of 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;TOGETHER with the appurtenances and all the estate and rights of the party of the first part has or leas power to convey or dispose of,whcther individually,or by virtue ofsaid will or otherwise;TO HAVE AND TO IIOLD the premises herein gated unto the party of¢he second part,the heirs or successors and assigns of the party of the 9=nd part forever. ARID the party of the first part covenants that the party of the fust part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as afar+esaid. AND Subject to the trust fund provisions of Section 13 of the Lien Law. The word"party"shall be construed as if it read"parties"whenever tate sense of the indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. I ® E CES FEB - 2 2017 Southold Town Board of Trustees r m : IN PRESENCE OF: Wan Re Case,Ancillary Executrix Estate of Don9d H, Case,deceased ACKNOWLEDGMENT State Of Florida j County Of /-sg� ) Ss.: On the - 7N day of A tavA R- in the year �LW 3 before me,the undersigned, personally appeared Jeannette Case,personally known to me or proved to me on the basis of satisfactory evidence to be the individua(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to ane that helshelthey executed the same in his/herltheir capaeity(ies),and that by histherltheir signature(s)on the instrument,the individual(s),or the person upon belW f of which the individual(s)acted,executed the instrutwnt,and that such individual trade such appearance before the undersigned iar rt�Jc, ,S ,County of State of/CoAt o q--' ' Signattue' Office o div' 1 taking This acknowledgment sHy J.JA MTARY PUBLIC 0STATE OF FLORIDA DEEDGmn-4 EE033M maims 1M014 Case Section 116.00 to Block 06.00 Lot 012.000 Fmcd County:Suffolk RECORD AND RETURN TO: EC` EIV r FEB - 2 2017 Southold Town Board f Trustoes S S r a Title No.ADA-2455-S SCHEDULE A-IDON ALT,that certain plot,piece or parte[of land,situ$te,lying and being in the Hamlet ofCutclhogues Tovm of Southold,COunty®f Su�oik and 5tateof New York,being more p$rtieuiar]y bounded and described as follows. BECI�P3C a point on the northerly side of blew Suffolk Avenue at the intersection of the northwesterly comer of the subject premises and the northeasterly cOmOr Of premises novo or fomerly of The Flimpton Family LT.C; . �,ZCE along no�erly side of New Suffolk Avenue South 76 degrees SS Mutes 2m secssnds 'moist 115.75 feet to land now Of formerly of Carruthers: TMMCE South 13 degrees til minute 40 seconds Test 444.51 feet to the mew high water line of GrMt Peconic lay; TMNCF along the mm high water line of Great PaOtde Bay NOath 69 degrees 42 mutes 01 second Test 117.11 feet to land now or formerly of The plimpton Fancily LLC; T NCE along said land North 13 degrees 02 minutes 5l}sends East 4x7.66 fit to the norther y side of Now Suffolk Avenue at the point or place of BECI1�AlIl�Cs. ALL that certain plot,piece or parcel of lancd situate,lying and being in the hlan*t of CutchOgue, Town of Southold,Conray of Suffolk and State of New York►being more particularly'bounded and - described as follows; BECDMts at s monument on the ndththe northvaester orner oftl�e p emises asow orfside of New Su&lk Avenue at"the nortbeaste ormerly comer+of tho pry s described here of shaves and Nicole Fitzgerald; TBENCE South 13 degas 01 minute 40 seconds Test 449.31 feet to the mean high water line of CreatPeconic Bay; TRICE along the mean high water line of Gient Peconic Bay North 68 degrees 42 minutes 01 second West 33.35 feet; continuod. ........ ® E r E 0 11 E FEB - 2 2017 Southold Tovin Board of Trustees �4 Tate No.ADA 2455-i I ' Schedule A-desedption Page-2- THENCE North 13 degrees 01 minutes 40 seconds East 444.51 feet to the northerly side of New Sufolkc Avenue, THENCE along the northerly Side ofNew Suffolk Avenue South 76 degrees 58 mantes 20 moods Last 33.04 feet to a monument and the point or place of>OBGRR NG. t FOR CONVEYAP1aNG ONLY:yogAar witu all right,title and interest or,1n and to any sbuta and roads abutting Lbe above deseribS&preadses,to the=Itr line @bared. E ---------------:= I- !L—FEf�.- 2 2017 Southold town Trus S ! /J F r P • S I I IIII IIII IIIf IIIII . 111 I Illi IIIA Ill 11111 ILII 1111 I IIQIII II Q 111 111 111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument; DFMD Recorded: 01/22/2013 Humber of Pages: 4 At: 04:09:46 13M Receipt 'mer : 13-0008390 TRMBFM TAX NUMER: I2-13762 LIBER: D00012718 FAGS: 266 District-. Section: Block: Lot: ` 1000 11+6.00 06.00 012.001 EXAMINED CHMG2D AS FOLLOWS gleed Amount: $1,697,500.00 1 Received. the Vol2owing Pass For Above Instzmmant Exempts Exempt Page/Filing $20.00 No Handlings $20.00 No COE $5.00 no Hyg SRCHG $15.04 wo EA-CTY $5.00 NO -S $125.DO No TP-584 $5.04 NO Wotifacn $0.00 No Cert.Ctrpie� $0.00 No RPT $60.00 NO Transfer tars $6,750.00 so Mansion Tax $16,875.00 NO COMM.Pres $30,750.00 NO Fees Paid $54,630.00 ! TPJMSFER TAX DUMBER: 12-13762 THIS PAGE IS A PART OF T11E INSTRi' 4ENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County SCE VE FEB - 2 2017 i Southold Town oar of Trustee 1 2 i - i+iumber of pages F,Ef OMED 21W Jan 22 04.,e?:46 PH JUDITH A. PASCALF rats document will be pub lc 5li`CtER =IV OF- FCLK F=rd,please remove all C UOOb12718 Socid Security Numbers P 266 prior to rscording. DTiI 12-13762 Deed 1 Mortgage Insmanent Decd t Mortgage Tax Stamp Recofding 1 Filing Stamps 3 FEES Page l Filing Fee J 0.10 Mortgage Amt. I.Basic Tax- _ Handling 30, 00 2.AddWonal Tart TP-564 - Sub Tbtal Notation SpecJAssk. or EA-521 T(County) �� Sub Tonal 2 Ste,)Add, EA-5217(State) Id TOT.UTO.TAX _ Dual 7trwn ]Qua!County RPTSA. de oinMW" Comm.of Ed. 5. 006,-75-0 tlfndavit — Csrdfied Co Tl-pwpmlycoveredby+bis mortgage is Py or will be lmpraved by a one NYS Sarchazge 15. 00 � family dwcwag only. 7C SubTalal YES or NO Other '_ Grand Total 0?55 _ If No.see appropriate rax clause an _ page# of this iustntment. /3002273 1000 11600 0600 012001 list, T S tra�ttrrlty Pea®aaea�idroai RP �► `��r t',onsid on Attaaunt$ �'�7.�O Ta Psop� LPA xSety \n aAiv-9 :t} `SSD i Agent!: CFF Tax I)ue S ' Yetificad•, _, ----- -� Improved ,r SatisfacdousUschargcs!Releases List Pmperty Ownws Mailing Address RE,CORD&RE'CURN T 7 TO; Vacant Land 7D 12 Al A) - TD U /f�J71/0- TD Mt�l to:Judith A.Pascale,Suffolk County Clerk 7 Mae company Iaformaftn 310 Center Drive,Riverhead,NY 11909 fr s Aggntr vnvssuffolkcountynygov/clerk Tides >1 Suffolk County Recordin & Endorsement Page This pago forma part of the nuached r made by: l (SPECIFY TYPE OF INSTRIYMENFI] .S.0 Zits ptemism herein is Situated la � � � � �% �qd i SUFFOLK COUNTY,NEW YORIC. L/ F��E TO In the TOWN ofUT�Y�L FEB - 2 2017 In the VILLAGE orHAM[EI'of ' SOXE3 6 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING:OR FLLIN Southold ToWn A IMS INDEWURE,trade the f� day of BETWEEN Jeannetle Case,as swvivor of Donald Case,Dweased,residing at 13180 Oakmount Drive,Apartment 1,Fort Myers,Fl,33907,Donald G.Case,residing at 2143 Morrison Court, Orlando FL,Deborah Ann Case Afa Deborah Ann Kaminski,residing at S.W.First Avenue, Cape Coral FL 33914,and David R.Case,residing,at 1602 Sable Sands Court,Sanibel,FL 33957,as tenants in common, party of the first part,and h6,, ) 4Af.— Todo Freed and E ith Webster-Freed, as job ml light oftuivivarft, residiO4 Fiflh Avenue,Apartment 9A,New York NY 10029 �• party of the second pan, MSSETH,that the patty of the first part;in consideration of ten dollars paid%v the patty of the second part,does hereby grant and release natio the party of the second part,the heirs or successors and assigns of the party of the second Rant forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the (See description attached hereto) Being the same premises which was conveyed to Donald Case,Donald G.Case,Deborah Ann Kaminski and David R Case,as tenants in common by Deem dated December 1,2000,recorded Mmuhh 7,2001,in Liber 12106 Cp.108. a nJ �i raLLf fi„wss�e Being the same premises ltnowrt as and by number 12400 New Suffolk Avenue,Canchogue,NY. TOGETnER with all right.tike and interest,if any of the party of the first part in and to any streets and roads abutting the above described pranims to the center lines thereof;TOGETTIER with the appurtenances and all the estate and rights of the panyr of the first pmt in and to said premises;TO HAVE AND TO HOLD she premises herein granted unto the party of the second part,the heirs or su zvsors and assigns of the party of the semad part forever. AND the party of the first puri covenants that the party of the first part has not done or suffered anything whereby the said premises have ben encumbered in any way whatever,except as aforesaid AND the party of the first part,in compliance with Section 13 of the Lien Lary,covenants that the parry of the Gest part will receive the consideration for this conveyance and will liold the right to receive such consideration as a trust fund to bre applied first for the purpose of paying the cost of the improvement and Will apply the same fust to the payment of the cost of the improvement before using any part of the total of the same Cor any other purpose- The word"party"shall be construed as if it read"pa&-Us"%Siren ver the sense of etre indenture so requires. IN WITNM WHEREOF,the party of the first part has duly eua:uted this deed the dap and year first above written. IN PRESENCE OF: Jeffincttc Cttse - Donald G.Case Deborah 95an Case Mala 13eborah Ann Whonlinski David R.Case ERLlIf ' FE 2 2017 uthold Town f Tru e ACKNOWLEDGMUR4T State OfGearpa ) County Of On the in the ear /� before me,the undersigned, � y personally appeared Jramtette pssaruilly known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose came(s)is(are)subscribed to tate within instrumort and acknowledged to me that hslshehhey executed the same in his(her(thca capacity(ics).and that by hisUrltheir-signature(s)on the instrument,the individual(s),or the gersar� ° 91 ° ff which the individtral(s)acted,executed the instrument. o '4-.�O.SPA �t, •Z siphak and Office of t ua4 taking ppb p yy. This acknowledgment ACKNOWLEDGMENT State OfNew York ) County Of Ss.: On the day of January in the year 2MI before me,the undersigned,personally appeared Donald G.Case Deborah Ann Case,fln/a Deborah Ann Kaminski and David R.Case, personally known to me or proved to me on the bass of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he(sheney executed the same in hisibedtheir copacity(ies),and that by hisUdtheir sigaanue(s)on the instrument,the individual(s),or the person upon behalf of which the individuals)acted,executed the instrument. Ttre Office of ual aking hno odgment P. haA °n' BARGAIN AND SALE DEED u,s Ern ox Case Sec. 116.00 to Block: 06.00 Lot: 012.00 Freed County_ Suffolk State Of New York RECORD AND RETURN TO: ;gip E V P FEB - 2 2017 Southold Tun and n Trustees 'l`itie No.ADA-2455-S SCUM A a DES ION ALL that certain plot,piece or parcel of land,situate,lying and being in the Hamlet of Ctitchd&e. Town of Soutbold,County of Suffolk and State of New York,being more particularly bounded i nd described as follows: ` BEC IGB at a point on the northerly side of New Suffolk Avenue at the intersection:die. rlorthwest,erly corner of the subject premises and the northeasterly comer of premises nova''or formerly of The Plimpton Family LLC; THENCE along the northerly side o#'N w Suffolk Avenue South 76 degrees 5E minutes 269k6nds r r— Fast 115.75 feet to land now or fomerly of Cwruthers; .� THENCE South 13 degrees 01 minute 40 seconds West 444.51 feet to the mean high Wat.lune of GrcstPeconic flay, TRENCE along the mean high%vater line of Great Feconic Bay North 68 degrees 42 Minims 01 second West 117.11 feet to land now or formerly of The Plimpton Family LLC; THENCE along said land North 13 degrees 02 minutes 50 seconds East 427.66 feet to the r or'herly side of New Suf alk Avenue at the point or place of BE41NNING. 5 • FEB 2 2017 SOuthoid lemon ar f Tr stees i r r j 11111111 ILII Illl 11111 Illl IMI 1111111111 ILMI I l l L11 11 �1111111111I I L 1111 SUFFOZK OOZY CLERK RECORDS OFFICE CORDING PAGE Type of %alstrumesnt: DEED Recorded: 01/22/2013 Number of Pages: 4 At: 04:D9:46 PH Race:ipt Number : 13-00OS390 TPMSFER T : 12-13763 LIBER: D00012718 PACE: 267 District: Section: Block: Lot: 1000 116.00 06.00 012.002 EXAMINED AM CMMG D AS FOLLOWS Deed Amount: $0.00 t Received the Following Feez For Above Instr=ent Exempt Exempt Page/ftlLng $20.00 NO Handling $20.00 NO COR $5.00 NO QTY'S SRCIKO $15.00 NO EA CTF $5.00 Pio EA STATE $250.00 1110 TP-584 $5.00 NO Notation $0.00 NO cert.copies $0.00 n® RPT $60.00 NO Transfer tax $0.00 NO CCa.Prins $0.00 Ho Fees Pald $380.00 TRMSF5R TAX SER: 12-13763 THIS PAGE IS A PAR'S OF THE INSTRUME IT THIS IS NOT A BILL nT[l X TB A. pAZCALE County Clezk, Suffolk County CEE s FEB — 2 2017 9 Southold Tow"n- J of Trustee ` Number of pages _ RFCPR[IED 413 Jan LT 44.09.46 PM =111 A. MCFU This docurrmntwill be public CLU&OF record.Pleases remme all RffoLY.ONtITY Social Security Numbers L D00012718 prior to recording. V71 12-2-3763 Deed 1 Mortgage Iammem Dead I Mortgage Tax Stamp Reco ding/Filing Stamps 3 FEES Page I Fding Fee [ 311 Mortgage Amt. 1. Easie Tax• — Handling 20w 22_ 2.Additional Tax _ TP-594 Sub Total — t. Notation SpeciAssi _ ...- at EA-52 17(County) Sub Tots) DD Spec./Add.—__ EA-5317(State) TOT.UM.TAX — Dual Town Dual County— RPTS A. _ Held for Appoint w Comm.of Ed. 5. 00 Transfer Tax • Atlidavlt Mansion Tar — Certified The property covered by this mortgage is Py or will he improved by a one or NYS Surcharge 15. 00 � 3� r family dwelling only. Sob Total qF or NO Other Grand Total j if NO,see appropriate ta:clause on page# of this instrument. J Dist 13002274 loos iseo0 0600 0>�002 3 Oommunky i memtfa n Fund Real Property/6 (IDO-JAN4 't Consideration Amount$ Tax Service -� Agency CPR Tax Due S Verification _ _� - ---- --- -- -- - - -•- Improved SatisfacrionslDischargestReleases List Property O%Nmers Mailing Address RECORD&RETURN TO: Vacant land r 1 �i/�/C/r►' (�ap j��AI iJ TD TDd J 7.,/"- Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Comiamy hfor AS 310 Center Drive,Riverhead,MY 11901 MUM www.suffolkcountynygov/clerk Suffolk Count ecordm' Endorsement Page This page foams pall of the attached r �� ' made by fSPECIFY TYPE OF INSTRUhEN) t� 5� The premises herein is situated in SUFFOLK CO>_RM,NEW YORK. j FEB - 2 ' 2017 �•O In me TOWN of �v i�rot 7 In the VILLAGE or 13AM1..1"sT of Southold town BOXES 6 THRU 8 MUST BE TYPED OR PRINTED I1I BLACK INF:ONLY PRIOR TO RECORDING Ort FILING. BoarJ of Trustee �i-maaumu (over) THIS 13DEN' URE,made the day of ma BETWEEN Jeannette Case,as survivor of Donald Case,Deceased,residing at 13180 Oakunount Drive,Apartment 1,Fort Myers,FL 33907,Donald C.Com,residing at 2143 Morrison Court, Orlando FL,Deborah Ann Case f/nla Deborah Ann Karpinski,residing at S.W.First Avenue, Cape Coral FL 33}1 d,and David R Case,[residing at 1602 Sable Sands Court,Sanibcl,FL 33957,as tenants in common, patty of the first part,ands� 3 Tod $:meed and Edith Webster-Freed, residing 200 Fifth Avenue,Apartment 9A.New Fork NY 10029 party®f the second part, WITNESSETH,that the party of the first part,in consideration of ten dollars paid by the party of the second pare,does hereby rermis+e,release and quitclaim unto the party ofthe 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 Description attached hereto whish is incorporated by reference as though set forth in faill. SUBJECT TO all easements,rights of way and protective covenants of retard,if any. 13eing_the same premises which was conveyed to Donald Case,Donald G.Case,Deborah Ann Kaminski and David R.Case,as tenants in common by deed dated December 1,2000,recorded March 7,2001,in Liber 12106 Cp, 108. Being the same premises known as and by number 12400 Now Suffolk Avenue,Cutchogue,NY. TOGETHER with all right,title and interest,ifany of the party ofthe first pad in and to any streets and roads abutting the alcove described premises to the center lines thereof;TOGETHER 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 parry of the second part,the heirs or successors and assigns of the party of the second part-forever. AND The patty of the first part covenants that the party of the first kart has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. The word"party"shall be consensed as if it read"parties"whenever the sense of the indenture so requires. IN WITNESS WHEREOF,the patty of the first part has duly executed this deed the day and year first above written. 111 PRESENCE OF; Je ette Case �+ Ponald G.Case �7 Debatuh n Case Fnla Deborah#Kaminski avid lt_Cas FEB - 2 2017 Sou�irU�d lo�,vn Board of Tri es ACKNOWLEDGMENT Slate Of Geor 'a ) County Ofr1l I I ) ss.: On the—� day of in the yearbefore ane,the undersigned, personally appeared Jeannette Case,peesonally known to m�Orvp ved to ane on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to rase that helshe/they executed the same in his/her/their 4 ��and that by hislherltheirsignature(s)on the instrument,the individual(s),or the $r calf of which the individual(s)acted,executed the instrumentft ft�_i s . Ab- i�� G �;`l`f i,. '1A.X13,:i• .ijk IL Sig . ure and Office of rividual Laking This acknowledgment IA $tate gew York County Of M Jr,—l":, } Ss.: On the f i day of � in the year �3 before me,the undersigned, persvnally appeared Donald G.Case Deborah Ann Case.-Hrita Deborah lana►Kaminski and David R.Case,personally known to me or proved to me on the basis of satisfactoay evidence to be the individual(s)whose names)is(are)subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hi&%erftheir capacity(ies),and that by his/herltheir signalure(s)on the instnment,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument. Signature and ace ofindiqrphon taltiino This acknowled ent DEED P.smnsurgh PLb w-state of 140%York Ao.Oi5P49M4 Case ouamw in Suffolk County Section 1 AM"7110ion Fires Oct 5,2013 to Block 06.00 Lot 012.000 Freed County:Suffolk RECORD AND RETURN TO: EIV - FEB - 2 2017 Southall Tovvn Board of Trustees r e AL that certain plot,piece or parcel of land,situate,lying and Ding in the Hamlet of Cutchogue, Town of Southold,County of Suffolk and State of Now York,being more pattieularly bounded.and described as follows: BEGMING at a monument on the northerly side of New Suffolk Avenue at the northeasterly corner ofthe premises describedherein and the northwesterly corner of the premises now or formerly ofSbam and Nicole Fitzgerald; TACE South 13 degrees 01 minute 40 seconds West 449.31 feet to the mean high water tine;©f Grad P=nic Bay; THENCE along the mean high water line of Goat Peconic Bay North 68 degrees 42 midutes O1 second lest 33.35 feet; 'IMCE North 13 degrees 01 minutes 40 seconds East 444.51 feet to the northerly side of New Suffolk Avenue; T fiICE along the northerly side of-New Suffo&Avenue South 7b degrees 58 minutes 20 S'eCOnds I East 39.00 feet to a monument and the point or glace of 13EGUgNMG. E FFEB - 2 2017 South-old Tonin Pnnrri of Tr stee ` r Cantrell, Elizabeth From: Lanza, Heather Sent: Thursday,January 19, 2017 4:42 PM To: Cantrell, Elizabeth Subject: Freed Elizabeth, One reason to look at Municity is for Conditions. It red-flags parcels with conditions. Here is the condition we put on this parcel, which is probably why Amanda picked it up: , Parcel 116-6-12 was split into lots 116-6-12.1 and 12.2 without Planning Board approval, at some point after 2009, and therefore likely does not meet the Lot Recognition Code (280-9). Needs Planning Board approval of lot split to be eligible for any permits from the Town. The Town Assessor has the Notice of retired parcel in their file. Another issue is that the new deeds extend the property to the water beyond its original southern property line. This may not be an issue relevant to this illegal split, but something to know before proceeding with any permits or approvals. Have they legally claimed Town underwater land?Are they entitled to own that land? Heather Lanza,ATCP Town Planning Director Southold Town Planning- 53095 Route 25 P.O.Box ling Southold,New York 11971 Phone: (631)765-1938 E-mail: heatherl(@southoldtownnu.aov i cep IL I Raphael Vineyards1 Bedell Q° Q Cellars ,s Pugliese 4' Vineyards a 9i PS eew Sy�ao� EAST ,— CUTCHOGUE Oy e -n .Gems ...i! r BidwellItem meyard t tq yeas yo o 09 Fa jCutchogue g\( oy Gy em Pecomc Bay pR, ose r ® v stello di Borgh� � Winery � ` t � V arils h ry PS 5 PL RtOIF gd*ooP24 n`- o9 OF x z� ••� a S� 9m "`"}'r CUT w UEFLEET CC) w. !J U I bin g i ��a o e°Qo I j` av yQ�Os + §'tea. •', �0� O9O E O�jd? o Galluao Family ¢ dans Winery a a I Gb25 t� 4YP r^"..� i• \}1�``�'�„,.-_ �,% i..t;::ii.t,ti" ' ;..t7P,:, ,�o� Pellegnni o r. '+l ' ( � Marsh Pt Vineyards I I 'Y'vY l r CL§1a i tirF p I FESS s.i -•:'.'t I�4::J .:,:J f , ., k ,\ '; k: ?1t'e' ( k Ntirtn Foil r ccRn RGE RD RD � ve CoE O�Kt ; KG11ftGS G P ® D a v Y ❑�� I�J �- Pt NEVVISUFFOLK Vla Marratooka Pt »�� # i 5uffdk Caarrha k Naaslran Map#45 . GREAT, P'j ;r !,i k 1' -+2000- — f 'SlA �3 � 3 A. G3 72>2$3n; N3 7 T4V. J3 s Joins Map 46 MATCH SEE SEC NO ICS ————————- MTC. ——————— — UNE FOR PCSEESEC NO FC I-NO FOR L NO z SEE SEC NO 109 sog los-00.008 N to BA(c) 33 1 saw.)51. A(.) WN OF souTmom a . o TOM OF SOUTHOW 1 35 P CONICI-ANDTRUST 4 9A(l) 4 3A(.) 4 5 5 2 7 SOUTHOW 39A(c)SZ 2 7A(.1 7 13 4 I 178&(.) to HT 3 12') 13l '91 SQA 141 m(c) P_oN, I I.A I.DTRUST 32A(cl --N-1 W.N—'�C-=..—E.-E`1, 252 6 19 5OA(.) i3 �E 111—T-11 2 9A(c) 19 21 SA(,) 3ER—ONEASEN o CASE D (4..) 12c is M3 32A(c) k m 3 7 12 2fi4 TOWN omulliow -M, 9 13 14 221 8221 \ I SUFFOLK 5 17 31 4 32 12A gra 23";� m. 8 9A(� 13 41 8 lot 1 14 $, amc) I IA(C) 14 m°p -'CUTCHorUE. im I m(c) 7 3 1171 T PARKDISTRICT 5 7A(.) 1A(. 7A(c) is is aA(C) A(.) 0 A_ 7c 121 7 n2 A(C) R ea ; p 12 To•o I PECONIC TOM SO ss -i\ TOM BA(c) \SoUOTF5 5w NO fi oU 11 45 -o-- D 29 241 SEESEC NO M PI)go 59A(.) s tat isnm� Ins �8 16� SIN, ID L (21) NOTICE COUNTY OF SUFFOLK K SOUTHOLD SECTION NO E - Real Property Tax Service Agency y116. —.1 N I I—I Nt OF A EN-CONSULTANTS f arch 7 2017 `f F Mike Domino, Chairman MAR 13 2011 r Board of Trustees Town of Southold P.O. Box 1179 Southold,NY 11971 Re: Todd and Edith Freed, 12400 New Suffolk Avenue, Cutchogue Dear Mr. Domino: Pursuant to discussions held during the public hearing on February 15, 2017, please find enclosed three (3) copies of a site plan prepared by Peconic Surveyors, P.C., last dated March-1, 2017, which has been updated to reflect the following revisions to the site plan submitted with our application: 1) The plan now depicts the planting of six(6)evergreen trees; 2) The label identifying the proposed pool has been revised to indicate a"saltwater"pool; 3) The label identifying the existing beach path to be abandoned has been modified to indicate that the abandoned path will be actively revegetated with Cape American beach grass; 4) The width of the proposed beach path through the existing natural vegetation has been reduced to 3 feet; and 5) The location of the temporary project limiting fence has been modified in accordance with the applicants' offer to limit machinery access to the portion of the property located to the west of the disputed boundary line. Although I trust these changes will enable the wetlands permit to be issued accordingly,please let me know if you require any additional information. Res a tfully yours, Robert . Herrmann Coastal Management Specialist cc: Todd and Edith Freed Anthony Pasca, Esq. 1319 North Sea Road I Southampton,New York 11968 p 631.283.6360 f 631.283.6136 www.enconsultants.com environmental consulting OFFICE LOCATION: ®��g S®Ur�®� MAILING ADDRESS: Town Hall Annex ® P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631765-1938 Southold,NY 11971 �® P Fax: 631765-3136 U9 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Date: February 10, 2017 Re: LWRP Coastal Consistency Review for TODD FREED & EDITH WEBSTER-FREED SCTM# 1000-116-6-12.1 & 12.2 En-Consultants on behalf of TODD FREED & EDITH WEBSTER-FREED requests a Wetland Permit to construct an ±18'x37' swimming pool (with automated pool cover), a ±10'x37' on-grade masonry pool patio; and an approximately 464sq.ft. on-grade masonry terrace on the waterside of existing dwelling; remove seven (7) existing trees from vicinity of proposed swimming pool, including one oak tree to be relocated to/replaced in new location; install a drainage system of drywells to collect swimming pool discharge and surface water runoff from proposed patio surfaces; install pool enclosure fencing with gates; remove existing flagpole from area of natural vegetation; abandon existing path to beach and establish new 4' wide path through natural vegetation to beach, and install various landscape design features, including an ±18" high landscape wall, stepping stone walkways, planting beds, and hedgerows; and for a 150sq.ft. on-grade masonry terrace with built-in grill. Located: 12400 New Suffolk Avenue, Cutchogue. SCTM# 1000-116-6-12.1 & 12.2 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action is CONSISTENT with the below listed Policy Standards and therefore is CONSISTENT with the LWRP provided that: 1. To further Policy 6, retain the area shown as "natural vegetation" on the plan as a vegetated buffer excluding the 4' wide path. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. f Peter Young,Chairman Town Hall,53095 Main Rd. CO Lauren Standish, Secretary P.O.Box 1179 Southold,NY 11971 Telephone(631)765-1889 j* Fax(631)765-1823 r Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., February 8, 2017 the following recommendation was made: Moved by Greg Williams, seconded by Caroline Burghardt, it was RESOLVED to SUPPORT the application of TODD FREED & EDITH WEBSTER-FREED to construct an 18'X 37' swimming pool, 10'X 37' on-grade masonry pool patio, and 464 sf of on-grade masonry terrace on waterside of existing dwelling; remove seven (7) existing trees from vicinity of proposed swimming pool, including one oak tree to be relocated and replaced in new location; install a drainage system of drywells to collect swimming pool discharge and surface water run-off from proposed patio surfaces; install pool enclosure fencing with gates; remove existing flagpole from area of natural vegetation; abandon existing path to beach and establish new 4' wide path through natural vegetation to beach; and install various landscape design features, including 18" high landscape wall, stepping stone walkways, planting beds, and hedgerows. Located: 12400 New Suffolk Ave., Cutchogue. SCTM#116-6-12.1&12.2 Inspected by: Greg Williams The CAC Supports the application, however, questions the setbacks of the pool and the close proximity to Great Peconic Bay. Vote of Council: Ayes: All Motion Carried John M bredemeyer ril, President ��J"' O Lown Hall Annex U l' Michael J. Domino, vice-Prestd 54375 Main Road,rte P.O. Box 1179 James F. King, Trustee 4`- } "]�` Southold, New York 11971-0959 Dave Bergen, Trustee ® �p Telephone(631)765-1892 Charles J. Sanders, 'Trustee Ory Fa-,c(631) 765-6641 BOARD OF TOWN TRUSTEES V (� TOWN OF SOUTHOLD (�C LS rL�' To: Southold.Tow_ ri Building Department ® JAN 1 7 .2017 Re: Verification of Building Department Permit Requirements 11 WILDING DE". SCTM#: f16-6— 12,1 f I Z,7,- TOWN OF s®ITHGLD Property Owner (Mame: ' ��p QOM � OW14- Date Sent to Bldg- Dept.: 7` The Office of the Board of Trustees is forwarding the above referenced application for verification of the Building DepartrnenYs permitting requirements stated below: YES NO _z" ill the proposed project require a Building Permit? Ill the proposed project require a variance determination from the ,Zoning Board of Appeals? Will any part of this application be considered as Demolition as described under Town Code? COMMENTS: CQ(J ��l G f� 4Z ek 0 k Ergnature of Reviewer Date Og\jFFO�,�Cd John M.Bredemeyer III,President—` Town Hall Annex Michael J.Domino,Vice-President54375 Main Road co P.O. Box 1179 James F.King,Trustee D Southold,New York 11971-0959 Dave Bergen,Trustee Telephone (631) 765-1892 Charles J. Sanders,Trustee Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application Wetland Permit Application Administrative Permit / —Amendment/Transfer/Extension 1/ Received Application: Received Fee: 250400 _Completed Application _Incomplete r8outhold SEQRA Classification:Type I Type II UnlistedCoordination: (date sent) 3 LWRP Consistency Assessment Form ' ' 2017CAC Referral Sent: ��45.1-7 Date of Inspection: 2t-70Receipt of CAC Report: Town Vl _Lead Agency Determination: [_-_-,_Board of Trustees Technical Review: r_Public Hearing Held: 7-15, Resolution: Name of Applicant Todd Freed&Edith Webster-Freed 1200 Fifth Avenue,Apt.9A Address New York,NY 10029-5214 Y Phone Number: 212 918-3625 Suffolk County Tax Map Number: 1000 - 116-6-12.1 & 12.2 Property Location: 12400 New Suffolk Avenue,Cutchogue Property is located on south side of New Suffolk Avenue,across from Bay Road. (provide LILCO Pole #, distance to cross streets, and location) AGENT: En-Consultants (If applicable) Address: 1319 North Sea Road,Southampton,NY 11968 Phone:631-283-6360 v Board of Trustees Appli tion GENERAL DATA Land Area(in square feet): 65,258 sf Area Zoning: R-40 Previous use of property:Residential,single-family dwelling with garage&covered porch. Intended use of property: Same with swimming pool and terraces. Covenants and Restrictions: Yes X No If"Yes", please provide copy. Will this project require a Building Permit as per Town Code? X Yes No If"Yes",be advised this application will be reviewed by the Building Dept.prior to a Board of Trustee review and Elevation Plans will be required. Does this project require a variance from the Zoning Board of Appeals Yes X No If"Yes",please provide copy of decision. Will this project require any demolition as per Town Code or as determined by Building Dept. Yes X No Does the structure(s) on property have a valid Certificate of Occupancy X Yes No Prior permits/approvals for site improvements: Agency Date Southold Trustees Letter of Non-Jurisdiction 2/28/14 Southold Wetlands Permit 8440A 6/18/14 NYS DEC 1-4738-04329/00001 4/03/14 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 necessary): Construct a+18'x+37'swimming pool(with automated pool cover),a 10'x+37'on-grade masonry pool patio,and an approximately 464 sf on-grade masonry terrace on waterside of existing dwelling;remove seven(7)existing trees from vicinity of proposed swimming pool,including one oak tree to be relocated to/replaced in new location;install a drainage system of drywells to collect swimming pool discharge and surface water runoff from proposed patio surfaces;install pool enclosure fencing with gates;remove existing flagpole from area of natural vegetation;abandon existing path to beach and establish new 4'wide path through natural vegetation to beach;and install various landscape design features,including+18"high landscape wall,stepping stone walkways, planting beds,and hedgerows,all as depicted on the site plan prepared by Peconic Surveyors,last dated January 10,2017. An additionally proposed 150 sf on-grade masonry terrace and built-in grill will be located more than 100 feet from the"landward edge of beach"and therefore beyond Chapter 275 jurisdiction. 3oarcl of Trustees Applicat i WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To construct a swimming pool with adjacent patio and outdoor terrace for recreational use. Area of wetlands on lot: -0- square feet Percent coverage of lot: -0 01/0 Closest distance between nearest existing structure and upland edge of wetlands: > 100' feet Closest distance between nearest proposed structure and upland edge of wetlands: +/-96'/+/-98' feet pool patio/swimming pool Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? TBD cubic yards (as needed for installation of swimming pool) How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: 'TBD feet (as needed for swimming pool excavation) Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: Standard construction practices. 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 attachments if appropriate): Within 100 feet from the tidal wetlands boundary(represented here by the mean high water line),the project includes the construction of a swimming pool with spa and on-grade pool patio,installation of a fence and hedgerow along the westerly property line;removal of an existing flagpole;relocation of a 4'wide access path to the beach;and the removal of 3 trees,including an oak tree to be relocated to/replaced in a new location. And occurring more than 100 feet from tidal wetlands but less than 100 feet from the previously established"landward edge of beach"is the removal of 4 additional trees, installation of additional fencing;construction of an additional masonry terrace,and establishment of various landscape features,including stepping stone walkways,and planting beds. As a result of the project,lot coverage of"buildable land"will increase only by 675 sf or 1.2 percent to 9.1 percent, the depth of the pool will be designed to avoid interference with the groundwater table;and both the swimming pool and associated deck will be set back nearly 100 feet from the tidal wetlands boundary,almost 25 feet more than the State DEC's required 75'setback and nearly twice the required setback for swimming pools set forth by Section 275-3(D)(1)(a)(5)of the Wetlands Law of the Town of Southold. As additional project mitigation measures,a temporary project limiting silt fence will be set in place between the work area and the landward limit of natural vegetation north of the beach to control and contain site disturbance and potential runoff during construction,a pool drywell will be installed to capture pool backwash;and a drainage system of drywells will be installed to capture and recharge potential surface water runoff from the proposed patio surfaces. Therefore,the project will not result in the physical loss,degradation,or functional loss of ecological components or otherwise adversely impact the adjacent tidal wetlands or waters of the Town and will be consistent with the permit standards set forth by Chapter 275. •n 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part I-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 I 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 I-Project and Sponsor Information Name of Action or Project: Freed Swimming Pool Pro ect Location(describe,and attach a location map): 1240 New Suffolk Avenue,Cutchogue,Town of Southold, Suffolk County,NY,SCTM SCTM#1000-116-6-12.1 & 12.2;property located on south side of New Suffolk Avenue,across from Bay Road,map provided. Brief Description of Proposed Action: Construct a+18'x+37'swimming pool(with automated pool cover),a 10'x+37'on-grade masonry pool patio,and an approximately464 sf on-grade masonry terrace on waterside of existing dwelling;remove seven(7)existing trees from vicinity of proposed swimnung pool,including one oak tree to be relocated to/replaced in new location,install a drainage system of drywells to collect swimming pool discharge and surface water runoff from proposed patio surfaces;install pool enclosure fencing with gates;remove existing flagpole from area of natural vegetation,abandon existing path to beach and establish new 4'wide path through natural vegetation to beach;and install various landscape design features,including+18"high landscape wall,stepping stone walkways,planting beds,and hedgerows,all as depicted on the site plan prepared by Peconic Surveyors,last dated January 10,2017 An additionally proposed 150 sf on-grade masonry terrace and built-in grill will be located more than 100 feet from the"landward edge of beach"and therefore beyond Chapter 275 jurisdiction. Name of Applicant or Sponsor: Telephone: 212-918-3625 Todd Freed&Edith Webster-Freed E-Mail: edithwebsterfreed@msn.com Address: 1200 Fifth Avenue,Apt. 9A City/PO: State: Zip Code: New York NY 10029-5214 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. X 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: NYS DEC X 3.a.Total acreage of the site of the proposed action? 65,258 sf b.Total acreage to be physically disturbed? <30,000 sf c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 65,258 sf; 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 ❑ Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 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: Name:Peconic Bay&Environs,Reason:Protect public health,water,vegetation,& &scenic beauty,Agency: Su olk County,Date: 7-12-88X 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? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 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: N/A 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: N/A 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: N/A 12.a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? X X 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? X b.Would the proposed action physically alter, or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply. ® Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ® 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? X 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? YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g. retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 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: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor n,yf5� Robert E.Herrmann,Coastal Management Specialist Date: January 10,2017 Signature: Ilk 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 I 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? V 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? l9 9. Will the proposed action result in an adverse change to natural resources(e.g., wetlands, waterbodies,groundwater,air quality,flora and fauna)? J Page 3 of 4 No,or Moderate small to large impact impact may may 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 I 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, ell,_that the proposed action will not result in any signifi ant adverse environmental ' pacts. It &-�17" 0 r" 41 17 �me of L_e Agency Date r ' 11PAW Print or Type Name of Resp ns' le Officer in Lead Agency tle of Responsible Officer Signature of Respo sible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) 1, Todd Freed residing at 1200 5th Ave,Apt 9A (print owner of property) (mailing address) New York,NY 10029-5214 do hereby authorize (Agent) En-Consultants to apply for permit(s) from the Southold Board of Town Trustees on my behalf, �o la �1 al6 (Owner's signature) ,Todd Freed Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I� Edith Webster-Freed residing at 1200 5th Ave,Apt 9A (print owner of property) (mailing address) New York,NY 10029-5214 do hereby authorize (Agent) En-Consultants to apply for permit(s)from the Southold Board of Town Trustees on my behalf. (Owner's signature),Edith Webs reed Board of Trustees Application County of Suffolk State of New York Todd Freed BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S),IF GRANTED. IN COMPLETING THIS APPLICATION,I HEREBY AUTHORIZE THE TRUSTEES,THEIR AGENT(S)OR REPRESENTATIVES(S),TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature,Todd Freed SWORN TO BEFORE ME THIS a DAY OF OCTCOSP- ,20 Notary Public CAfL F WRIGHT Notary Public, State of New Yo* No.30-4653780 Certiffi Qualified Filed in New York County Commission Expires December 31,20 Board of Trustees Application County of Suffolk State of New York Edith Webster-Freed BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S),IF GRANTED. IN COMPLETING THIS APPLICATION,I HEREBY AUTHORIZE THE TRUSTEES,THEIR AGENT(S)OR REPRESENTATIVES(S),TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature,E Webster-Freed SWORN TO BEFORE ME THIS DAY OF tlZlyVV- ,20-t-(, Notary Public DONNA G.FAGERSTROM $totary Public,State of New York No.02FA5077765 Cuall ied in Westchester County Qomroission Expires may 12,2019 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The pr�rpose 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 some YOURNAME: Freed,Todd (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 other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee X Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) 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."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 �yll� If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe 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 204 Signature03�T4. Print Name Todd Freed Form TS 1 APPLICANVAGENUREPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's 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: Webster-Freed, Edith (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 other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee X Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) 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."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 he shares. YES NO . , If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe 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 thisdays of C Vb 201 Signature Print Name Edith Webs er-Freed Form TS 1 APPLICANVAGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's 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: Herrmann Rpbprr F (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 other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) 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."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 If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person_ Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe 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 4 209 Signature Print Name -ob: E. Hermann Form TS 1 Cantrell, Elizabeth From: Robert Herrmann <rherrmann@enconsultants.com> Sent: Friday, February 03, 2017 8:19 AM To: Cantrell, Elizabeth Subject: FW:THANKS! if possible, could you pls snap of photo of sign you posted and text to (or email).thanks! Liz, please make note of photo below as proof of posting for Freed, 2-2-17. i Michael J.Domino,,-,v.„dent �Q VFFO��CD Town Hall Annex John M.Bredemeyer III,Vice-President �� y� 54375 Route 25 Charles J. Sanders ; cm P.O.Box 1179 Glenn Goldsmith Southold,NY 11971 A.Nicholas Krupski Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of TODD FREED & EDITH WEBSTER-FREED COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS INPLACE FOR AT LEAST SEVEN DAYS PRIOR TO THE PUBLIC HEARING DATE I� Robert E. Herrmann ,residing at/dba En-Consultants, 1319 North Sea Road, Southampton, NY 11968 being duly sworn, depose and say: That on the 2nd day of February , 2017 , I personally posted the property known as 17400 New Suffolk Avenue, Clitohogue; St'TM 91000-116-6-19 -1 by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wednesday,February 15, 2017. Dated: i (signature) Sworn to before me this 15th day of Feb 2017 "Qwy, lic RIM R , STEPNA S NOTARY PUBLIC STATE OF NEW YORK COMMISSION N0 . 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 . 20J-7 l NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Todd Freed&Edith Webster-Freed SCTM#1000-1116-6-12.1 & 12.2 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct a+18'x+37'swimming pool(with automated pool cover),a 10'x+37'on-grade masonry pool patio,and an approximately 464 sf on-grade masonry terrace on waterside of existing dwelling;remove seven(7)existing trees from vicinity of proposed swimming pool,including one oak tree to be relocated to/replaced in new location;install a drainage system of drywells to collect swimming pool discharge and surface water runoff from proposed patio surfaces;install pool enclosure fencing with gates;remove existing flagpole from area of natural vegetation;abandon existing path to beach and establish new 4'wide path through natural vegetation to beach;and install various landscape design features,including+18"high landscape wall,stepping stone walkways,planting beds,and hedgerows,all as depicted on the site plan prepared by Peconic Surveyors,last dated January 10,2017. An additionally proposed 150 sf on-grade masonry terrace and built-in grill will be located more than 100 feet from the"landward edge of beach" and therefore beyond Chapter 275 jurisdiction. 2. That the property which is the subject of Environmental Review is located adjacent to your property'and is described as follows: 12400 New Suffolk Avenue,Cutchogue 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: Wednesday,February 15,2016 @ 5:30 p.m. You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. Todd Freed&Edith Webster-Freed PROPERTY OWNERS NAME: 1200 Fifth Avneue,Apt.9A MAILING ADDRESS: New York,NY 10029-5214 PHONE #: 212-918-3625 AGENT: En-Consultants MAILING ADDRESS: 1319 North Sea Road,Southampton,NY 11968 PHONE #: 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. v ' ,_'ROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Plimpton Family LLC 11 Slumber Cors Weston,CT 06883 Amy&Leonard Wessell III 2205 Topaz Drive Boulder,CO 80304-0926 Barbara&Douglas Hemnann 619 Derby Drive E Oceanside,NY 11572 Nicole&Shawn Fitzgerald 12255 New Suffolk Avenue Cutchogue,NY 11935 STATE OF NEW YORK COUNTY OF SUFFOLK Robert E.Herrmann doing business at En-Consultants 1319 North Sea Road Southampton,NY 11968 , being duly sworn, deposes and says that on the 3rd day of February ,20 17 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their 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 States Post Office at Southampton , that said Notices were Mailed to each of said persons by (certified)(rsg ) mail. Robert E.Herrmann Coastal Managment Specialist Sworn to before me this 3rd day of February ,2017 KIM H . STEPHEN S NOTARY PUBLIC �i' STATE OF NEW YORK COMMISSION NO . 5015931 -- otaryPu lc QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 , 2017 v ,ll`.,- i•�r:®'.Q'y«" -'�"';�" � r'i+,,,,(dis q.�� ,i,a��,, +r: i�Trr��r ,'y-�� ;IT' .',r �)F]f�r� ,,�3 <,�,h - ^tP� F' ,'P �,�,�" L }, �'m• u©F) r '^, ®. ` o _uk+"$,''t'az'i,{-'r.r '[ � -. �:/, o ®J r, •� 1.> %�^�,a4idl, x tic. ;t,;,, -w :+, {s',,i„' «' ./9� rf /a' >{ ”' 17 I 1;.., ° rr":... -{ ;:yam Ir Er ;��m. , �'„.� i fm P•� .,/ .� .: t,,; is"LS r_„ ° :.._ 1'� i 'J .% .i 3;,x.7 id u ......: �::, B V' Certified Mall Fee Er Certified Mad Fee Ln $ S LrI $ Extra Services&Fees(check box,add fee as appropriate) '�� (r LrI Extra Services&Fees(check box,add fee as appropriate) r q ❑Return Receipt(hardcopy) $ �dd "� ❑Return Recelpt(hardcopy) $ C ❑Return Receipt(electronic) $ o �O'S�Tiark CU 0 E]Return Receipt(electronic) $ P C ❑Certified Mall Restricted Delivery $ � .+ He foE]O Certified Mall Restricted Delivery $ ��!• Here r_3 []Adult Signature Required $ �'(;;� y N� 1:3 ❑Adult Signature Required $ ,� `.1 Co ' E]Adult Signature Restricted Delivery$ ❑Adult Signature Restricted Delivery$ O Postage d g8s p Postager-qtit C� $ \ I r,.,c a $ t 0 Total Postac l°t° " O 7 71 Total Post \t Sent To Plimpton Family LLC .0 Sent To Amy&Leonard We,sell,--+ f1OG •- o Stree[ana 2205 Topaz Drive ------- r%- -_____ � StreetandAi 11 Slumber Cors --------- P _________ Weston CT 06883 r- Boulder CO 80304-0926 __ Cd};State,e ' ----- Gty State �Jp = 0 �, dod ? GM?'�t''I ti Fn, ni Er r Er rq Er Cem.-s I rtfied Mad ee F ; f7- Lr) Extra Services&Fees(check box,add fee as a ro nae S�1S�O Ln L Certfed Mad Fee$ pp p l EXtra SeNlces El Return Receipt(hardcopy) &Fees checkbox,add fee as appropdate) $ ��.�! + ❑Retum Receipt(electronic) $ G `., ❑Return Recelpt(hardcopy) $ „ O mark p ❑Return Recelpt(electronic) $ J' oStm��Vj\ ❑Certified Mail Restricted Delivery $ ^ f J/ 0 d 1. re .-.; C3 ❑Certified Mail Restricted Delivery $ [:]Adult Signature Required $ A(., C3 ❑Adult Signature Required $ Vere [--]Adult Signature Restricted Delivery$ �y! t 00 E3 Postage ❑Adult Signature Restricted Delivery$ O Co r-q $ \d,�f ®cam C3 Postage `— en *� 1 O Total Posta rr Total Post $ 111,, -0 Sent To Barbara& Douglas Fiemnalln I -� Sent To 619 Derby Dri,fe B I Nicole& Shawn Fitz §i�eeiandi y ' ` -__ C3 --________ 12255 New Suffolk Avenue Oceanside NY 11572 o Street and ' r` Cutchogue,NY 11935 Cny,State, _____ Cary-State, °° i e e e r.•.. _ _____ ,NUTILt: Uim Ht: ARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Southold Town Board of Trustees at the Town Hall, 53095 (\/lain Road, Southold, New York, concerning this property. OWNERS) OF RECORD: TODD FREED & EDITH WEBSTER-FREED SUBJECT OF PUBLIC HEARING : For a Wetland Permit to construct a ±18'x37' swimming pool (with automated pool cover), a ±10'x37' on-grade masonry pool patio; and an approximately 464sq.ft. on-grade masonry terrace on the waterside of existing dwelling; remove seven (7) existing trees from vicinity of proposed swimming pool, including one oak tree to be relocated to/replaced in new location; install a drainage system of drywells to collect swimming pool discharge and surface water runoff from proposed patio surfaces; install pool enclosure fencing with gates; remove existing flagpole from area of natural vegetation; abandon existing path to beach and establish new 4' wide path through natural vegetation to beach; and install various landscape design features, including ±18" high landscape wall, stepping stone walkways, planting beds, and hedgerows; and for a 150sq.ft. on-grade masonry terrace with built-in grill. Located: 12400 New Suffolk Avenue, Cutchogue. SCTM# 1000-116-6-12.1 & 12.2 TIME & DATE OF PUBLIC HEARING : Wednesday, February 15, 2017 — at or about 5:30P. M . If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 'down of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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 si nim beneficial and adverse effects upon the coastal area(which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. 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 SCTM# 116 - 6 - 12.1 &12.2 PROJECT NAME Todd Freed&Edith Webster-Freed The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ❑ 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: Construct a+18'x+37'swimming pool(with automated pool cover),a 10'x+37'on-grade masonry pool patio,and an approximately 464 sf on-grade masonry terrace on waterside of existing dwelling;remove seven(7)existing trees from vicinity of proposed swimming pool,including one oak tree to be relocated to/replaced in new location;install a drainage system of drywells to collect swimming pool discharge and surface water runoff from proposed patio surfaces;install pool enclosure fencing with gates;remove existing flagpole from area of natural vegetation;abandon existing path to beach and establish new 4'wide path through natural vegetation to beach;and install various landscape design features,including+18"high landscape wall,stepping stone walkways,planting beds,and hedgerows, all as depicted on the site plan prepared by Peconic Surveyors,last dated January 10,2017. An additionally proposed 150 sf on-grade masonry terrace and built-in grill will be located more than 100 feet from the"landward edge of beach"and therefore beyond Chapter 275 jurisdiction. Location of action:12400 New Suffolk Avenue,Cutchogue Site acreage: 65,258 sf Present land use: Residential,single family dwelling Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Todd Freed&Edith Webster-Freed (b) Mailing address: 1200 Fifth Avenue,Apt.9A New York,NY 10029-5214 (c) Telephone number: Area Code 212-918-3625 (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? NYS DEC C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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 Attach additional 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 ❑ Yes ❑ No ® Not Applicable 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 1:1 No ® Not Applicable 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 ❑ No ® Not Applicable 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 ®Yes ❑ No ❑ Not Applicable See attached addendum. 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. ®Yes ❑ No ❑ Not Applicable LWRP ADDENDUM FOR TODD FREED & EDITH WEBSTER-FREED 12400 NEW SUFFOLK AVENUE CUTCHOGUE,NY SCTM#1000-116-6-12.1 & 12.2 LWRP Policy 5 & Policy 6: Within 100 feet from the tidal wetlands boundary(represented here by the mean high water line), the project includes the construction of a swimming pool with spa and on-grade pool patio; installation of a fence and hedgerow along the westerly property line;removal of an existing flagpole; relocation of a 4'wide access path to the beach; and the removal of 3 trees, including an oak tree to be relocated to/replaced in a new location. And occurring more than 100 feet from tidal wetlands but less than 100 feet from the previously established "landward edge of beach" is the removal of 4 additional trees; installation of additional fencing; construction of an additional masonry terrace; and establishment of various landscape features, including stepping stone walkways and planting beds. As a result of the project, lot coverage of"buildable land" will increase only by 675 sf or 1.2 percent to 9.1 percent; the depth of the pool will be designed to avoid interference with the groundwater table; and both the swimming pool and associated deck will be set back nearly 100 feet from the tidal wetlands boundary, almost 25 feet more than the State DEC's required 75' setback and nearly twice the required setback for swimming pools set forth by Section 275-3(D)(1)(a)(5) of the Wetlands Law of the Town of Southold. As additional project mitigation measures, a temporary project limiting silt fence will be set in place between the work area and the landward limit of natural vegetation north of the beach to control and contain site disturbance and potential runoff during construction; a pool drywell will be installed to capture pool backwash; and a drainage system of drywells will be installed to capture and recharge potential surface water runoff from the proposed patio surfaces. Therefore, the project will not result in the physical loss, degradation, or functional loss of ecological components or otherwise adversely impact the adjacent tidal wetlands or waters of the Town and will be consistent with the applicable LWRP Policies 5 and 6. 4 See attached addendum. Attach additional sheets if necessary 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® 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 1:1No ® 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. ❑ Yes ❑ 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 ❑ No ® Not Applicable 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 PREPARED BY TITLE Coastal Mgmt. specialist DATE 1/10/17 Robert E. ann Amended on 811105 i � r i3 r EN-CONSULTANTS F January 12, 2017 Town of Southold Board of Trustees 54375 Main Road V `e i JAN 3 201 " Post Office Box 1179 t Southold,New York 11971 Soutfio!d f;,tivn Bfof!'StEr S Re: Todd Freed&Edith Webster-Freed _1 12400New Suffolk Avenue, Cutchogue SCTM#1000-116-6-12.1 & 12.2 Dear Board of Trustees: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: 1. Four(4)Wetland Permit Applications including: a) Short Environmental Assessment Form; b) Authorization Forms; c) Applicant/Agent/Representative Transactional Disclosure Forms. 2. Site Plan prepared by Peconic Surveyors, last dated January 10,2017. 3. One(1)set of site photographs. 4. Application fee of$250.00. ' 5. Three(3)LWRP Consistency Assessment Forms including: a) Site Plan(as referenced above). I trust this information shall allow you to process our permit request. Should any additional information be required,please do not hesitate to contact our office. Sinc r ly, 3 l Robert ,kin �`} ' a Coastal Management Specialist I JA 3 2017 /khs Enc. Southold Town P 1319 North Sea Road Southampton,New York 11968 p 631.283.6360 f 631.283.6136 www.enconsultants com environmental consulting