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HomeMy WebLinkAbout7609 u-c 5 q HWIC 35 110M coo=twu CA- cvtekat )rSeems - Wu9L Owner: Bay Beach LLC File M 7609 Address: 1055 Bay Home Rd l L✓) Code: 18RL Agent Info Rob Herrmann - En Consultants 1319 North Sea Road Southampton, NY 11968 Phone: 631-283-6360 Fax: 631-283-6136 Email: rherrmann@enconsultants.com BOARD MEMBERS ®F ®��* Southold Town Hall Leslie Kanes Weisman,Chairperson ®� ®� 53095 Main Road • P.O.Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor, �� ® �® 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��C®uiv% Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax(631)765-9064 APR 2 8 2022 FINDINGS, DELIBERATIONS AND DETERMINAT th®ld Town Clerk MEETING OF APRIL 21, 2022 ZBA FILE: 7609 NAME OF APPLICANT: Bay Beach, LLC PROPERTY LOCATION: 1055 Bay Home Road, Southold,NY SCTM No. 1000-56-5-35 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated November 24, 2021 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a 15, 476 sq. ft. non-conforming parcel located in an R-40 Zoning District. The property has 105.00 feet of road frontage on Bay Home Road along the westerly property line, then runs east for 144.83 feet along the Willow Point Right of Way, then turns north for 108.44 feet before returning 145.25 feet west back to Bay Home Road. The property is improved with an existing two-story residence and garage with an attached wood deck as shown on survey prepared by Howard W.Young,LS, last revised October 19, 2021 BASIS OF APPLICATION: Request for a variance from Article XXIII, Section 280-124; and the Building Inspector's October 27, 2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool; at 1) more than the code permitted maximum lot coverage of 20%; located at: 1055 Bay Home Road, Southold, NY. SCTM No. 1000-56-5-35. RELIEF REQUESTED: The applicant requests a variance to construct a 32 foot by 16-foot accessory in ground swimming pool which would create a lot coverage of 22.7% where a 20% maximum is allowed. ADDITIONAL INFORMATION: The representative for the applicant submitted copies of past Certificates of Occupancy for the existing house; 1. #16273 —dated 1987 for greenhouse addition to single family dwelling 2. #16277—dated 1987 for single family dwelling, garage and wood deck 3. #38169—dated 2016 for an attached greenhouse addition Page 2,April 21,2022 #7609,Bay Beach, LLC SCTM No. 1000-56-5-35 The representative also submitted an aerial photo with locations of past comparable variance relief given for similar accessory pools in the adjoining neighborhood, listed below: 1. #6937, 185 Willow Point Road at 21.7% lot coverage 2. #4602, 325 Willow Point Road at 23.60% lot coverage 3. #6689, 325 Willow Point Road at 22.96% lot coverage 4. #7235, 325 Willow Point Road at 22.3% lot coverage Furthermore,the representative outlined drywell, water filtration systems, and sound deadening equipment to be installed on the property. FINDINGS OF FACT/REASONS FOR BOARD ACTION• The Zoning Board of Appeals held a public hearing on this application on April 7, 2022 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law§267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed accessory swimming pool is not out of character with the surrounding neighborhood because there are five pools within 500 feet of the subject property, and the proposed pool will have no visual impact on the road,R.O.W or adjacent properties because evergreen screening has been recently planted along the Willow Point Association Right Of Way, mature landscape screening already exists along most of the cyclone fencing along the 108 foot property line,and additional evergreen screening will be planted as conditioned herein. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing property had a lot coverage of 19.4 % therefor any addition to either the house, or an accessory structure would require variance relief. 3. Town Law &267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 12%relief from the code. However,the proposed accessory pool meets all the setback requirements in the town code,and there have been numerous variances granted in the neighborhood for excessive lot coverage for accessory pools. The additional lot coverage is also not habitable space; therefore, it will be open to the sky above. 4. Town Law &267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and conditions of this board. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 16267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory in-ground swimming pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Lehnert,seconded by Member Weisman(Chairperson),and duly carried, to Page 3,April 21,2022 #7609, Bay Beach,LLC SCTM No. 1000-56-5-35 GRANT the variance as applied for, and shown on the survey prepared by Howard W. Young, Land Surveyor, last revised October 19, 2021. SUBJECT TO THE FOLLOWING CONDITIONS• 1. Evergreen screening shall be planted and maintained along the entire portion of the cyclone fencing on the 108.44 ft. property line that is currently without landscaping to create additional visual screening of the pool from other properties and the Right of Way 2. Pool pump equipment/mechanicals must be located a minimum of 20 feet from any property line or be contained in a shed type enclosure with a lot line set back that is in conformance with the bulk schedule for accessory structures. 3. Drywell for pool de-watering shall be installed. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning,Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson) Dantes,Acampora, Planamento and Lehnert. This Resolution was duly adopted(5-0). fimm 14-1�J eslie Kanes Weisman Chairperson Approved for filing ? /2022 (I)UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW.(2)DISTIACES SHOWN HEREON FROM PROPERTY LINES TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE NO'10 BE USED TO ESTABLISH PROPERTY LINES OR FOR ERECTION OF FENCES.(3)COPIES OF THIS SURVEY MAF NOT BEARING THE LAND SURVEYOR'S INKEC SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. t CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY,GOVEI;NMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON,AND TO THE ASSIGNEES OF THE LENDING INSTITUTION.CEtTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. (5)THE LOCATIIN OF WELLS(W),SEPTIC TANKS(ST)k CESSPOOLS;CP)SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS � w\� � P. w 400 Ostrander Avenue, Riverhead, NeYork 1Ia01 tel. 631.727.2303 fax. 651.727.0144 O'�`/' ��� admin@youngengineering.com w, - . I,-.11.,Ir it l�;' ��/\ im �brt 'jtV 4 ou 40"q O \ a 1110 U ;' c ^° � ,� � Howard W. Young, Land Surveyor i Thomas 0. Wolpert, Professional Englneer A\ y Douglas E. Adams, Professional i=ngineer 77/ \ Robert 0. Tost, Architect o n ` Robert 5tromski, Architect O N N MCC°9- It II 11 CMF ° S S� a� .�o tiP. °9�T X S SITE DATA �uN OR o 'er AREA = 15,476 SQ. FT. SUBDIVISION- WILLOW POINT FILED IN THE OFFICE OF THE 7.47+ LEGEND CLERK OF SUFFOLK COUNTY ON JUNE 16,1966 AS FILE NO.4652. IPF \y\ot\ �6 +8.20 1q�'1 �� PROPOSED POOL + \ 6' y0� LIMIT OF NYSDEC ADJACENT AREA BBC = BELGIAN BLOCK CURB �° b Fo F 10.0 PROPOSED 408 SF / VERTICAL DATUM =NAt/D 1988 Js \ 5`� Po tst �b• c, CMF =CONCRETE MONUMENT FOUND ( ) Q�090 cc0�e�`�� c+O \ /� �C� p°o. 6.39+`� POOL PATIO MASONRY CMS =CONCRETE MONUMENT SET GRADE° ,o A 1 / CLF =CHAIN LINK FENCE 9 10.60+ ' TI( 06) F�c�" CP = CONCRETE PAVEMENT �o� , EOP =EDGE OF PAVEMENT 5'r° r evS�ti IPF =IRON PIPE FOUND \ 'o-, 9.94 + r 90, ro\ , + p 8.23 'o• / OL =ON PROPERTY LINE °�c`' WIF =WIRE FENCE o� �G �p °°s /�ti> '9 / WSF =WOOD STAKE FOUND °s. o` `s�` py %�°pl,/ ° 0�0o s �' Lot 3 r� o\F WSS =WOOD STAKE SET 10.98+11.54 ti F� 90i. .P G� / r cF O� 9.10 Subdivision - °� ' =UTILITY POLE CMF etc GFL h' r� 9P X11 / r� 6s, tiOb u u F / 14.zs r�, / Willow P6 Hint • =END OF DIRECTION/DISTANCE \ 10.04 +10.31 \\ +10.09 10.57 /// - 1.05 O 11.35 92� bbl G / ✓ Q� <1 " HQ Q \ 20 \ O +11.83 r2� // °s.`�60. +0.34 \ S 10.47 TEST HOLE \ 10.73 BY McDONALD GEOSERVICE \ y °o �,O� DATE:07/31/21 \ O EL=7.7' 0.0' ° \ / 10.01 Q� CT��� DARK BROWN / ,:r OO O1 ( ) O c'B0, CL BROWN SILTY 1.01 ° �Q ' CMF / 0\� /X`LIMIT OF NYSDEC AD3ACEN i AREA \ i a� SAND \ 9.13 - (5) NI PALE BROWN 3'0' SURVEYOR'S CERTIFICATIOI\I_---..�, FINE TO \ / +9.12 COARSE SAND CMF \\ , WE HEREBY CERTIFY TO BAY BEACH, LLC THt(T�K6`-SURVEY' 4�1s v \ �/ (SW) +9.01 ` \ PREPARED IN ACCORDANCE WITH THE CODE OF PP6�tXGEFOR LAND`S RVEY$ GW=1.3 6.4' ` ADOPTED BY THE NEW YORK STATE ASSOCIATION OFROFESSIONd�F �1AND o \ `\ SURVEYORS. , „Y c's . c. WATER IN PALE � 't .: C �'+�- -('. .' ,",':•r,, � '�: � BROWN FINE TO o COARSE SAND \ / 10.0' \ � r/ i i Q WATER IN BROWN CLAY (CH) \ \\ HOWARD W.YOUNG,N.Y.S.L.S.N0.45893 SURVEY FOR TOWN LOT COVERAGE �' BAY BEACH, LLC 5"..qd#.q ISTING BUILDABLE LAND AREA=15,476 SQ.FT. \ \ / LOT 31 "WILLOW POINT" EXFRAME HOUSE W/ROOF OVER = 2,617 SQ.FT. = 16.9% \\ \ ' at Arshamomaque, Town of Southold WOOD DECK = 386 SQ.FT. = 2.5% / Suffolk County, New York \ N ` \ APPROX. HIGH WATER ' N TOTAL= 3,003 SQ.FT. =19.4% \ \ MARK AON07/3LOCATED BY ' BUILDING PERMIT SURVEY N US ON 07/3/2021 PROPOSED A Z POOL =512 SQ.FT. = 3.3% 0 / �P County Tax Map District 1000 Section 56 Block 05 Lot 35 TOTAL= 3,515 SQ.FT. = 22.7% FIELD SURVEY COMPLETED OCT.20,2020 MAP PREPARED OCT.20,2020 / Record of Revisions ADJACENT AREA LOT COVERAGE \ \\ , J REVISION DATE _,"I�j d KmOta \ / GENERAL AMENDMENTS ,JAN If3?_027 \ _ ADJACENT AREA(LOT AREA WITHIN 300' OF WETLANDS&BELOW 10' CONTOUR)=4,667 SQ,FT. GENERAL AMENDMENTS TUl Y 29 2021\\ \ �- GENERAL AMENDMENTS AUG 132021 EXISTINGGENERAL AMENDMENTS AUG, 31 2021 N WOOD DECK =99 SQ.FT. = 2.1% \\ \ FINAL M GENERAL AMENDMENTS OCT 19 (171 TOTAL 99 SQ.FT. = 2.1% REVIHIVIBY ZBA o PROPOSED POOL = 300 SQ.FT. =6.4% `\ \\ / SEE D E C'N S I O N / 30 0 15 30 60 90 MASONRY POOL PATIO = 295 SQ.FT, =6.3% \ \ DATED ° _ 1 Scale: 1" = 30' a \ \ TOTAL=694 SQ.FT. = 14.8% \ ` / JOB NO. 2020-0112 \ \ �' DWG. 2020_0112_bp 1 OF 1 K Frp 11!11 till w . e 9700 Main Road Martituck,.NY 11952 Office:631-298-4014 Info®R NordiF orl,PoolCare.cohi t 1'geh;lvo � L. , /fY. �ogmmm'CiA - 3 Pool Walls are 10"thick at,a height of 4V (Four Feet)' ` - Walls are formed and poured with 3500 PST Gravel:Mix Concrete 43 Rebar is placed inside.the wall. l-Iorizontally(doubled)at the top-and bottom of the wall. Also,-vertical ly every Jour feet at makirnum,. - A msand bottom is installed for pool floor. A vinyl liner is installed on top F of sand and concrete. } i i 1 3 E i 3 3 33 9 i COUNTY OF SUFFOLK RECEIYED NOV 2 4 2021 �E<��91���fl�RRD®F APPAL Z( OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Commissioner Economic Development and Planning November 23, 2021 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Bay Beach LLC #7609 Very truly yours, Sarah Lansdale Director of Planning . A By Christine DeSalvo Theodore R.Klein, Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 0 (631)853-5191 FORM NO. 3 TOWN OF SOUTHOLD N®v 2021 BUILDING DEPARTMENT Q6 SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: February 4, 2021 RENEWED: October 27, 2021 TO: En-Consultants (Bay Beach LLC) 1319 North Sea Road Southampton,NY 11968 Please take notice that your application dated January 27, 2021: For permit to: construct an.accessory in-ground swimming pool at: Location of property: 1.055 Bay Home Road, Southold County Tax Map No. 1000 - Section 56 Block 5 Lot 35 Is returned herewith and disapproved on the following grounds: The tir-oposed construction, on this nonconforming 15,476 sq. ft. lot in the R-40 District is not permitted pursuant to Article XXIII Section 280-124 which states: lots measuring less than 20,000 square feet in total size require maximum lot coverage of 20%. The survey depicts the lot coverage at 22.7%. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. lj Fee:$ Filed By: Ass bgmnent No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS VON ON, AREA VARIANCE �t House No.1055 Street Bay Home Road Hamlet Southold �od ® �42� ` SCTM 1000 Section 56 *Block—5 Lot(s) 35 Lot Size 15,476 sf Zone `s°"`. I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR 100 DATED October 27,2021 BASED ON SURVEY/SITE PLAN DATED October 19,2021 Owner(s): Bay Beach LLC Mailing Address: c/o Alida Vucemilovich,86 Longview Road,Port Washington, NY 11050 Telephone' 718-607-5875„ Fax: Email:-averdinoesq@gmail.com NOTE:In addition to the above please complete below if application is signed by applicant's attorney;agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative:En-Consultants for(x)Owner( )Other: Address: 1319 North Sea Road,Southampton, NY 11968 Telephone:631-283-6360 Fax:631-283-6136 Email:rherrmann@enconsultants.com Please check to specify who you wish correspondence to be mailed to,from the above names_ ( )Applicant/Owner(s), (x)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED October 19,2021 and DENIED AN APPLICATION DATED January 27,2021FOR: (x)Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: XXIII Section: 280 Subsection: 124 Type of Appeal. An Appeal is made for: (x)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( )has, (x)has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our ofce for assistance) . Name of Owner: ZBA File# X REASONS FOR APPEAL (Please be specific,additional sheets may be used with preparer's 1r^o� signature notarized): qE a 1(l a 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to quay o 202, properties if granted,because: IV V See attached addendum. �,ia1,�,�C 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: See attached addendum. 3.The amount of relief requested is not substantial because: See attached addendum_ 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: See attached addendum. 5.Has the alleged difficulty been self-created? {x} Yes,or { }No Why: See attached addendum. Are there any Covenants or Restrictions concerning this land? {g No { } Yes(please fumish a copy) This is the MINIMUM that is necessary and adequate,and atMe sante time preserve and protect the character of the neighborhood and the health,safety and welfare of the co unity. Robert E. Herrmann Sig ah o Applicant or A—MI-67tZe4 Agent (Agent must submit written Authorization from Owner) Sworn to before me this 10th day of November 2021 a ublic KIM H . STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION N0 . 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 , 20 ,j BAY BEACH LLC 1055 BAY HOME ROAD N�� SOUTHOLD,NY _ SCTM#1000-56-5-35 ZG7 C-, -)c;1.0 1. Similar to most of the parcels located between Budd's Pond to the east and the two 20-plus-acre parcels to the west, the applicant's parcel is a substantially undersized, preexisting nonconforming lot located in an R-40 zoning district. And swimming pools, a common feature of the surrounding neighborhood, are present on 5 parcels located within 400 feet of the applicant's property, including the northeasterly adjacent parcel and 4 properties on the north side of Willow Point Road. Two of these pools were constructed recently with the benefit of lot coverage relief similar to that requested by the applicants. Specifically, relief was granted in 2016 to construct a swimming pool and increase lot coverage to 21.7 percent at 185 Willow Point Road (Case No. 6937); and after being granted lot coverage of 23.6 percent in 1998 (Case 4602), the owners of 325 Willow Point Road were granted lot coverage of 22.3 percent for a swimming pool in 2019 (Case 7235). The applicants are requesting relief to construct a pool that would increase lot coverage to 22.7 percent, which represents a smaller coverage area on a property with a smaller area (15,476 sf) than both of these properties, which have areas of 17,918 sf and 18,217 sf, respectively. Therefore, granting the variance relief needed to construct the proposed swimming pool would not cause an undesirable change to the character of the neighborhood And there should also be no detriment caused to any nearby properties, as the pool is proposed in a code-compliant location relative to the three adjacent properties. Specifically, the pool would be situated in the rear of the property, as required, and almost 19 feet from the rear lot line; almost 27 feet from the northerly side lot line; and almost 49 feet from the southerly side lot line, all where a setback of only 5 feet is required for a parcel with an area of 15,476 square feet. And as was required in both of the above referenced variance decisions, the applicants would be willing to situate the pool mechanicals in a sound deadening enclosure. 2. The recreational use and enjoyment of a swimming pool cannot be achieved without the benefit of a zoning variance because the 15,476 sf buildable land area allows for only 3,095 square feet of lot coverage, and thus the existing lot coverage of 3,003 square feet or 19.4 percent makes variance relief necessary for any additional lot coverage in excess of 92 square feet. However, the applicants have designed the pool to minimize the relief required and keep it consistent with the relief granted to other properties in the neighborhood by limiting its dimensions and its elevation/depth, which allows the surrounding patio to remain;ate e level. I� ert E. Herrmann Sworn to before me this 10`i' day of November,2021 V,k RIM H . STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION N0 . 5.015931 QUALIFIED IN SUFFOLK COT Y EXPIRES AUGUST 2 , 20 3. The requested lot coverage relief of 2.7 percentage points is not mathemaH011� OugAIttial, representing 13.5 percent relief from the maximum 20 percent lot coverage allowed by code. Moreover, the relief is not substantial in fact because it represents s� ni: n"fy� flr 'e coverage relief granted by the Board for the construction of swimming pools on two nearby properties; and the location of the pool conforms to and substantially exceeds all other zoning requirements, thus preventing any adverse effects on the neighboring properties. 4. The project would not result in any adverse impacts on the physical or environmental conditions in the neighborhood, as the proposed pool would be located 280 feet from the surface waters of Southold Bay to the south and thus outside Town wetlands jurisdiction and nearly outside State wetlands jurisdiction; the pool would be elevated above groundwater to avoid the need to dewater during construction; a saltwater filtration system would be used to avoid the use of a traditional, high-chlorination treatment system; pool backwash would be directed to a proposed drywell; and a project limiting fence would be installed to contain site disturbance and potential surface runoff during construction. 5. Despite the inherent lot coverage limitations associated with a parcel having a substantially undersized 15,476 sf area in an R-40 zoning district, the difficulty of adding a coverage-compliant swimming pool is arguably self-created because it is presumed that the applicant had actual or constructive knowledge of these limitations at the time the property was purchased. bert E.Herrmann Sworn to before me this 10`" day of November,2021 i KIMA . STEPHENS NOTARY PUBLIC STATE OF NEW 'YORK COMMISSION NO . 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 . 20 � ,n A APPLICANT'S PROJECT DESCRIPTION APPLICANT: Bay Beach LLC DATE PREPARED November 10, 2021 1.For Demolition of Existing Building Areas Ww�+ /jU 0 Please describe areas being removed: None NOV IL New Construction Areas(New Dwelling or New Additions/Extensions): � 6 6�G1 ' 1C e100 95 Dimensions of first floor extension: N/A (16' x 32' accessory swimming pool) Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height(from finished ground to top of ridge): N/A Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: N/A III.Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations: N/A IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 3,003 sf Proposed increase of building coverage: 512 sf(3,515 sf total) Square footage of your lot: 15,476 sf Percentage of coverage of your lot by building area: 19.4% (existing); 22.7% (proposed) V.Purpose of New Construction: Swimmingpool and patio for recreational use and enjoyment. VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): The land contours are generally flat, varying minimally from one side of the property to the other, and are unrelated to the need for variance relief. Please submit S sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 1 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes X No NOV 91 0 ?0?1 B. Are there any proposals to change or alter land contours? 7_(;;'L4oOC—'.TM �6 __X_No Yes please explain on attached sheet. lu C. 1.)Are there areas that contain sand or wetland grasses? No 2.)Are those areas shown on the survey submitted with this application? N/A 3.)Is the property bulk headed between the wetlands area and the upland building area? N/A 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction?N/A Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios,concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. (Z-16273, Z-16277, 38169 attached) H. Do you or any co-owner also own other land adjoining or close to this parcel?No If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Residential, single-family dwelling and the proposed use same,with swimming pool and patio. (ex: existing single family,proposed: same with gara e, pool or ivember 10, 2021 Authorize gnature and Date - FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT 1 Office of the Building Inspector ^'n Town Hail NOV �? ® 20p9 ' wl Southold,N.Y. IG"I"' �'ScW ZoC-CAM&rL5 Certificate Of Occupancy No. . . .Z- 16277. . . . . . Date . , , , .October 9 , 1.187. . . . . . . . . . THIS CERTIFIES that the building . . .ONE FAMILY DWELLING WITH ATTAHCED GARAGE & 'WOdD' DEdk* Location of Property 1055 Bay Home Road Southold, New York House No. Sheet . . . Harriet County Tax Map No. 1000 Section . . . 0 5.6. . . . . .Block . . .5. . . . . . . . . . .Lot . , , , A5 Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated February 27, 1984 pursuant to which Building Permit No. . ?. 9 1 6 Z dated March 6 , 1984 was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . ONE FAMILY DWELLING WITH ATTACHED GARAGE & WOOD DECK The certificate is issued to „ EDWARD & MARIA NAGINOVICH (owner,Vltsa-dle3iw. . of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . !4-.S.0-3 7 . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . .N 8.0.3 9 5 6 . , PLUMBERS CERTIFICATION DATED: January 2 , 1987 - - -; . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector Rev.1/81 FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building inspector EJma Town Hail Southold, N.Y. NOV 9 0 2029 Certificate Of Occupancy zC"]MIG C. I' M?5 No. . .Z- 16273. . . . . . . Date . October 9 , 1987. . . . . . . . . . . THIS CERTIFIES that the building . , PRE E913OUSE ADD TT ION. Location of Property 1055 Bay Home, Road . . Southold ,: New Xork House NO. � Street •Ham%t County Tax Map No. 1000 Section . . .S 6. . . . . . .Block . . . .5 . . . . . . . . . .Lot . . . , .3 5 Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated October 8 , 1987 16508 Z . . . . . . . . . . . . . . . . . . . . . pursuant to which Building Permit No. . . . . . . . . . . . . . . . . . . . . . dated . . October . , 1987 was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . GREENHOUSE ADDITION TO EXISTING ONE FAMILY DWELLING The certificate is issued to . . . . • EDWARD & MARIA NACINOVICH (owner X • . . . . . . . . . . . . . . . . . , of the aforesaid building. Suffolk County Department of Health Approval . . • . • • •N/A . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . N 8 0 3 9 5 6 PLUMBERS CERTIFICATION DATED: N/A uilding Inspector Rev.1/81 �4�Sy�FF�I�CpGy Town of Southold 3/23/2016 e P.O.Box 1179 `., .* 53095 Main Rd �'y.A �oo�� Southold,New York 11971 CERTIFICATE OF OCCUPANCY � 0 2021 No: 38169 Date: 3/23/2016 THIS CERTIFIES that the building HISTORICAL Location of Property: 1055 BAY HOME RD SOUTHOLD SCTM#: 473889 Sec/Block/Lot: 56.-5-35 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 10/21/2010 pursuant to which Building Permit No. 35964 dated 10/21/2010 was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: ADDITION TO AN EXISTING ONE FAMILY DWELLING,AS APPLIED FOR The certificate is issued to EDWARD NACINOVICH I of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 35964 03-10-2016 PLUMBERS CERTIFICATION DATED Au Signa re AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on WOM75+S a =�E7` an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Bay Beach LLC 2. Address of Applicant:c/o Alida Vucemilovich,86 Longview Road, Port Washington, NY 11050 3. Naive of Land Owner(if other than Applicant):Same as Applicant 4. Address of Land Owner:Same as Applicant 5. Description of Proposed Project:construct a 16'x 32'inground swimming pool and 408 sf grade-level masonry patio;and install 4'high pool enclosure fencing, pool drywell,and pool equipment,as depicted on site plan 6. Location of Property: (road and Tax map prepared by Young &Young, last dated October 19,2021. number) 1055 Bay Home Road,Southold;SCTM#1000-56-5-35 7. Is the parcel within 500 feet of a farm operation? {x} Yes { } No 8. Is this parcel actively farmed? {4 Yes { } No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current naives and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1 DEKKA LLC, PO Box 726,Southold, NY 11971;SCTM 1000-56-5-1.3, 120 Bay Home Road 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) Robert E. Herrmann 11 / 10 /21 Signator f Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. Short Environmental Assessment Form �arF y Part I -Project Information Instructions for Completing NOV C' 0 ?029 Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. R,tp�4m� � 3n-p iE 4t ' application for approval or finding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1—Project and Sponsor Information Name of Action or Project: Bay Beach LLC Swimming Pool Project Location(describe,and attach a location map): 1055 Bay Home Road,Southold;SCTM#1000-56-5-35;located on north side of Bay Home Road,+/-250'east of Willow Point Road. Brief Description of Proposed Action: Construct a 16'x 32'inground swimming pool and 408 sf grade-level masonry patio;and install 4'high pool enclosure fencing,pool drywell,and pool equipment,as depicted on the site plan prepared by Young&Young,last dated October 19,2021. Name of Applicant or Sponsor: Telephone: 718-607-5875 Bay Beach LLC E-Mail: averdinoesq@gmail.com Address: c/o Alida Vucemilovich,86 Longview Road City/PO: State: Zip Code: Port Washington NY 11050 1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative pile,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that 1:1may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES If Yes,list ageney(s)name and permit or approval:NYS DEC ❑ ❑✓ 3. a.Total acreage of the site of the proposed action? 15,476 sf b.Total acreage to be physically disturbed? <5,000 sf c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 15,476 sf' 4. Check all land uses that occur on,are adjoining or near the proposed action: ❑Urban ❑ Rural(non-agriculture) ❑ Industrial ❑ Commercial m Residential(suburban) ❑Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): ❑Parkland Page 1 of 3 SEAF 2019 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ^'„( ❑ ❑ ❑ b. Consistent with the adopted comprehensive plan? P fMAT, AT, 'r) 1 E] ❑ 1 drliaii NO YES 6. Is the proposed action consistent with the predominant character of the existing bjq xly10ai,'h014scape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Mi�s' RviMfi effta Meal— NO YES Name:Peconic Bay Environs,Reason:Protect public health,water,vegetation,&scenic beauty,Agency:Suffolk If Yes,identify: Gni n Date:7-12-e8 ❑ NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? ❑ El b. Are public transportation services available at or near the site of the proposed action? ❑ c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed 1:1action? 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 W ❑ 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 W] ❑ 12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the ❑ Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑ ❑✓ archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 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? ❑ 1Z1— b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ✓❑ ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: The proposed dock will encroach over approximately 363 sf of Richmond Creek seaward of mean high water. Paige 2 of 3 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 m Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats,listed byo NO YES Federal government as threatened or endangered? g 3: ❑ ❑ 16. Is the project site located in the 100-year flood plan? NO YES Nov 9 171 El NO YES 17. Will the proposed action create storm water discharge,either from point or ii soift'�1 ' t If Yes, Pq ❑ a. Will storm water discharges flow to adjacent properties? ❑ ❑ b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? ❑ If Yes,briefly describe: 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment: ❑ ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed) for hazardous waste? If Yes,describe: 171 F-1 I CERTIFY THAT THE IN ORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: rt E.Herrmann,En-Consultants Date: November 10,2021 Signature: Title:Coastal Management Specialist PRINT FORM Page 3 of 3 4' Y$ rs �FS Otam toy rs:, �'°t yf N! .,e" * 00;t;400 x(600} 800 1000.: 1200�51'400Meters f �f' 4. is '; vim* J ZZ 2B o .' ?t s vx y , 3 v tui x w. a t aIt E � =eL3a 'M3 ,F, r *_�a22Aa51:: t5N3w �r s 72zaoD '� 7;, a x 4 r'Q c�- 722 �eepr TRK 4$B° st BSRPR<6 �� 25 a a NBshafnomNck T o/ ✓\ Nt p pp < 25 Fs PmF "a 7 7ti ew y�o� N°C f ONO Hashnmomuck °q C m \y\ y1 r_ .� Pond BURGUNDY CfWfl00 AY CR K CT DR q°yam OR to \° x r4OCGSl ti L s ' Park SPGE.2 � ya Q ��'Q 3.7` ��s• v u CREEK LONG DR P11 fi{$ t 'I OID rr� 0 �- F BWasJIM o Pond lr ENNECOTf � ° Optp�. MOCKINGBIRD N tor LLGW°o CampQumipet -V: y w 1Methodlstl qO �oF eldgO l �{ • $ s P Viney 2 _ ��e Q pings Pt 3k a ZCrd, '�: 0S n n OCKY POINT } Site Pcce55 Via POINT ppN'�EV �p'F PP Subject property) �s f Hippodrome SoutholdSta v� qo °?9°m o�y Pond C \� S nrO O pJc Ile, \t\Vt�0� st °"o O qoo� Mqy i A o pp l�2 O His sac o a ° aD BI EDON �$y et tt°pr 3 Town � � Park o SOUTHOLD eK: oe s of S o 3 to ,.e QE F CSCt,Fs pili `�' i 3a `y sr Southold ,cQEp� RILL 4110PgR NFCy B0~ Founders HS Bn M C'e Landing LA �g P Harper Pt Suffolk Cour4 Hag5trom Map#4 4 ` F reek (1r� " +2.000' 10�k�5 oJ� BAY JOCKEY CREEK ' Jp4— N O o co zrt o O L ggo cusTER aP� w m o hold Yrn�j �3 w 'ry O t, Old; Custer c3 CLEgRVIEW 5 n 8G 2 9` N. ISX--0 7t•t .j !m•. Institute W M9 oz ° 2 s — d � o ttE�O ygRBO U �ye..;f,a Np AV W. 3 S(EFPY NO CRWO p0 P SCROON pA t O `A ANCyOA DR oQ w Paradise , z J GLENN f°RO L" SNB Point S Go�S a P� F i LAltF DR QO .xx J r 4" y ��Q�°Q p(oB rCKORr� � W GREATNECK G 5 RIGGEfl LAE GROVE N f��ytt�:$ s o su MRy o m y g BAYVIEW a t W 5 A y IN FO, co, r B Fo i rr F : .,awe Board of Zoning Appeals Application NOY 2 0 2021 AUTHORIZATION (Where the Applicant is not the Owner) Alida Vucemilovich,Manager l� Bay Beach LLC residing at 86 Longview Rd. (Print property owner's name) (Mailing Address) Port Washington,NY 11050 do hereby authorize Robert E.Herrmann, (Agent) En-Consultants to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) Alida Vucemilovich,Manager Bay Beach LLC (Print Owner's Name) CA OPERATING AGREEMENT O OF NOV 7.02J Bay Beach,LLC OPERATING AGREEMENT of Bay Beach,LLC,a New York limited liability company(the"Company'),dated as of May 1,2016,by and among the Members identified on Schedule A hereto. WITNESSETH: WHEREAS, the Members have formed the Company as a New York limited liability company by the filing of articles of organization on March 14,2016 with the Department of State of New York pursuant to and in accordance with the New York Limited Liability Company Law (as it may be amended from time to time, and any corresponding provision of any succeeding or successor acts of the State of Florida,the"LLC Law");and WHEREAS,the Members agree that their respective rights,powers,duties and obligations as Members of the Company, and the management,operations and activities of the Company,shall be governed by this Agreement; NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Members hereby agree as follows: Article 1.DEFINITIONS 1.1.Defined Terms. The following terms shall have the meanings specified in this Article 1: "Aare ement" shall mean this Operating Agreement, as originally executed and as it may be amended,restated,modified or supplemented from time to time. ".Articles of Organization" shall mean the Company's Articles of Organization, as originally filed with the Department of State of Florida on August 2,2013,as they may be amended from time to time under the LLC Law.A copy of the Articles of Organization is set forth as Exhibit B hereto. "Capital Account"shall have the meaning provided in Section 5.5(a). "Capital Contribution" shall mean the amount of cash and the fair market value of any other property (net of any liabilities secured by such property that the Company assumes or takes subject to) at any given time contributed to the Company by each Member as an initial Capital Contribution or an additional Capital Contribution.Any reference in this Agreement to the Capital Contribution of a then Member shall include a Capital Contribution previously made by any prior Member with respect to the Interest of such then Member. "Cash Flow"shall mean,for any fiscal period,the excess of Gross Income for the period over cash expenditures made by the Company for the period, including: (a) operating expenses of the Company and (b)provisions for working capital or other reserves taken in accordance with Section 6.1(b). Cash Flow shall not include any Capital Contributions and shall not be reduced by expenditures funded by Capital Contributions. "Claim"shall have the meaning set forth in Section 9.2. "Code" shall mean the.Internal Revenue Code of 1986, as it may be amended from time to time, and any successor to the Code. "Company"shall mean Bay Beach,LLC,the New York limited liability company governed hereby. NOV 2 ® ?"1 "Covered Person"shall have the meaning set forth in Section 9.1. r; =0, C ":I2epreciation" shall mean, for any fiscal.period, an amount equal to the depreciation, amortization or other cost recovery deduction allowable under the Code for a Company asset for such period. However, if the Gross Asset Value of an asset differs from its adjusted basis for federal income tax purposes at the beginning of the period,Depreciation shall be an amount that bears the same ratio to the beginning Gross Asset Value as the federal income tax depreciation,amortization or other cost recovery deduction for the period bears to the beginning adjusted tax basis;provided,however,that if the federal income tax depreciation, amortization or other cost recovery deduction for the asset for the period is zero, Depreciation'shall be determined with reference to the beginning Gross Asset Value using any reasonable method selected by the Managers. "Distribution Date"shall have the meaning set forth in Section 8.3. "Event of (dissociation" shall mean the death, bankruptcy, expulsion or dissolution of a Member, or the retirement, resignation or other termination of employment of a Member who is also a Manager or an employee of the Company. "Gross Asset Value"shall mean the fair market value of each item of Company property on the date of its contribution to the capital of the Company and the adjusted basis for federal income tax purposes of each other item of Company property acquired by the Company, except that the Gross Asset Value of each item referred to in this definition shall be adjusted to equal its fair market value at the time of any of the events described in Section 53(b)(i). "Gross.Income'shall mean, for any fiscal period, all cash receipts of the Company and all other monies otherwise received by the Company for such period,excluding only Capital Contributions and any loans to the Company from any Person. "interest" shall mean the entire interest of a Member as a member in the Company, including: the Member's interest in the Company's assets, liabilities and capital; the right to participate in allocations of Net Income or Net Loss and to receive distributions from the Company;and all other rights and obligations of the Member under this Agreement and the.LLC Law. An Interest shall be personal property for all purposes. "LLC Law"shall have the meaning set forth in the Recitals to this Agreement. "Ma'o�, rityin Interest" shall mean the affirmative vote, approval or consent of Member(s)holding more than one-half of the Membership Percentages owned by all Members entitled to vote on, approve or consent to a matter (excluding the Membership Percentages of any Members excluded from the applicable vote,consent or other action). "Mona+goers" shall mean the Persons serving as Managers pursuant to Section 4.1, in each such Person's capacity as a Manager of the Company. "Member" shall mean each Person named as a Member in this Agreement and any Person who becomes an additional, substitute or replacement Member as permitted by this Agreement, in each such Person's capacity as a Member of the Company. "Membership Percentage" shall mean, for each Member, the percentage obtained by dividing such Member's Capital Contributions by the aggregate amount of all Capital Contributions of the Members. "Net Income" or"Net Loss" shall mean, for any fiscal period, an amount equal to the Company's Taxable Income or Tax Loss,as the case may be, for such period,subject to the following adjustments: NOV 9 O 2021 (i) any income of the Company that is exempt from federal income tax and not otherwise takeCriiC' ou£�£ Eco7�iva Net Income or Net Loss pursuant to this definition shall be added to Taxable Income or Tax Loss; (ii)any expenditures of the Company described in Code§705(a)(2)(B)or treated as Code§705(a)(2)(B)expenditures under Regulation § 1.704-1(b)(2)(iv)(i) and not otherwise taken into account in computing Net Income or Net Loss under this definition shall be subtracted from Taxable Income or Tax Loss in the period paid,and shall not be taken into account in any other period; (iii) if the Gross Asset Value of any Company property is adjusted under Section 5.7(b)(i), then (i) the amount of the adjustment shall be taken into account as a gain or loss on the disposition of such property immediately before the event causing the adjustment for purposes of computing Net Income or Net Loss, and(ii) in lieu of the depreciation, amortization, and other cost recovery deductions taken into account in computing Taxable Income or Tax Loss, there shall be taken into account Depreciation for such period,computed in accordance with the definition of Depreciation herein; (iv)gain or loss resulting from any disposition of Company property for which gain or.loss is recognized for federal income tax purposes shall be computed by reference to the Gross Asset Value less Depreciation of the property disposed of, notwithstanding that the adjusted tax basis of the property,may differ from its Gross Asset Value less Depreciation.;and (v)notwithstanding any other provision of this definition of Net Income and Net Loss,any items comprising the Company's Net Income or Net Loss that are allocated under Section 5.7(b) shall not be taken into account in computing Net.Income or Net.Loss. "Note"shall have the meaning set forth in Section 7.6(b). "Offer Notice"shall have the meaning set forth in Section 7.3(b). ".Person" shall mean any individual, partnership, corporation, governmental authority, limited liability company, unincorporated organization or association,trust or other entity. `'Tax_I)istribution'shall have the meaning set forth in Section 6.1(c). "TaxMatters Partner"shall have the meaning set forth in Section 10.6. "Taxable Income"or"Tax Loss"shall mean,for any fiscal period,an amount equal to the Company's taxable income or loss for the period determined under Code § 703(a)(for this purpose, all items of income, gain, loss or deduction required to be separately stated pursuant to Code§703(a)(1)shall be included in taxable income or loss). "Transfer"shall mean any sale, assignment,transfer,gift, pledge,hypothecation, or other disposition, outright, in trust or as collateral, by operation of law or otherwise, of all or part of an Interest in the Company (or any attempt at any of the ,foregoing),excluding,however,any grant of a security interest in favor of the Company. "Transi'erring M rnher"shall have the meaning set forth in Section 7.5(c). "Treasury Regulations" shall mean the regulations (including any temporary regulations) issued under the Code by the Department of the Treasury, as they may be amended from time to time, or any applicable successor regulations. Reference herein to any particular section of the Treasury Regulations shall be deemed to refer to the correspondin p ovist of any applicable successor regulations. "Tr_iggering Event'shall have the meaning set forth in Section 7.5(c), 10V ® 2021 "Two Thirds in Interest" shall mean the affirmative vote, approval or consent of Member(s) ho—r--� V�"to s." wo�:-uds o the Membership Percentages owned by all Members entitled to vote on, approve or consent to a matter (excluding the Membership Percentages of any Member excluded from the vote,approval or consent), Article 2.ORGANIZATION 2.,1. Formation and Oualification. The Members hereby agree to form and ratify the formation of the Company that was effected through the filing of the Articles of Organization under §203 of the LLC Law. The Managers shall cause to be executed, filed and(where required) published from time to time such further certificates, notices, statements or other instruments required by law for the operation of a limited liability company in all jurisdictions where the Company is required to qualify or to be authorized to do business as a foreign limited liability company,or as otherwise necessary to carry out the purpose of this Agreement and the business of the Company. 2.2.Name. The name of the Company is"Bay Beach,LLC".The Company may adopt and conduct its business under such assumed or trade names as the Managers shall from time to time determine. The Company shall file any assumed or fictitious name certificates as may be required to conduct business in any state. 2.3. Purposes and Powers, The Company is authorized to engage in(a)management of a multi-discipline seasonal educational camp for children and(b) any and all lawful acts or activities for which limited liability companies may be formed under the I.LC Law. The Company may exercise all powers necessary or convenient to carry out its business and affairs which may be legally exercised by limited liability companies under the LLC Law. Each Member shall have full voting .right and shall have the right to participate in the daily operations,decision-making process,and management of the Company. 2.4.Princilrtl Office. The location of the principal office of the Company shall be 1055 Bay Home Road, Southold, NY 11971 or such other location as the Managers may,from time to time,designate upon notice to the Members. 2.5. Registered Aaent. The Company's registered agent in New York shall be Alida Vucemilovich.The Managers may,in their discretion,designate a different registered agent, in conformity with the provisions of§ 302 of the LLC Law, upon whom process against the Company may be served,and may change any designated agent from time to time. 2.6.Duration. The term of the Company commenced on August 2,2013,the date upon which the Articles of Organization were filed with the Secretary of State of New York,and shall continue in full force and effect until the Company is dissoJ,%M. - prdance with the provisions of this Agreement and the.LLC Law. NOV 9, 0 2021 2.7.Pav►nent of Costs and Expenses. 70"JltNG12;A,DCi -[T11`N7'aL5 The Members shall contribute,in proportion to their Percentage Ownership Interests,necessary costs and expenses,including legal, accounting, transportation, marketing & promotional, and administrative fees and contingency expenses incurred in connection with the structuring and organization of the Company. 2.8 Absence of Material Litigation or Adverse Cthanese• Operation in(lie Ordinary Course Members assert that there is no pending or threatened material claims or litigation involving any of the Members, and no material adverse change ill the business prospects of any of the Members. Article 3.MEMBERS 3.1.Members. Each of the Members shall be Members of the Company until they cease to be Members in accordance with the provisions of this Agreement or the LLC Law. 3.2.Membership Interests. Each Member shall be credited with the Interest (expressed as their Membership Percentages) and Capital Contribution set forth opposite such Member's name on Schedule A.The amounts shown on Schedule A with respect to Capital Contributions and Membership Percentages shall be appropriately amended from time to time to reflect changes to such amounts as a result of any additional.Capital Contributions, any changes in the membership of the Company or Transfers of Interest.Schedule A shall also be amended from time to time to reflect changes in the addresses of Members. 3.3.Members Are Not Agents. The Members are not agents of the Company and do not have the authority to act for,or bind,the Company in any matter. 3.4. Meetings of Members. Meetings of the Members may be called at any time for any purpose by the Managers or by Members holding at least a Majority in Interest. Annual meetings shall not be required.Notices of meetings of Members shall be given not less than ten (10)nor more than sixty(60) days prior to the meeting.Notice of any meeting may be waived at any time, and presence at any meeting shall constitute a waiver of notice. Members may participate in a meeting of the Members by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear and speak to each other,and such participation in a meeting shall constitute presence in person at the meeting.Members shall vote in proportion to their Membership Percentages. A quorum shall consist of a Majority in Interest or any greater percentage of the Interests required to approve the matters under consideration. Members may also act by written consent in accordance with § 407 of the LLC Law. Members holding the requisite Membership Percentages may als ghee to any action without a meeting or written consent. 3.5.Conflicts of.interest. NOV 2 0 2021 No Member shall engage in any business activity in competition with the business activities currently conducted or under active planning by the Company,for so long as such Member is a Member,in any territory in which the Company conducts or actively plans to conduct its business,except in the name and on behalf of the Company. 3.6.Securities Law. Each Member acknowledges that the Interests have not been registered under the Securities Act of 1933,as amended,or any state securities laws, as they are being acquired in a transaction not involving a public offering, and, under such laws, may not be resold or transferred by any Member without appropriate registration or the availability of an exemption from such requirements. Article 4.MANAGIRM.I NT RIGHTS ANDDUTIES 4.1.Management Generally. Subject to the provisions of this Agreement and the LLC Law, the business and affairs of the Company shall be conducted, and all its powers shall be exercised, by or under the direction of the Managers.The number of Managers shall be fixed by the Members from time to time by a Majority in Interest.The initial number of Managers shall be one. The initial Manager shall be Alida Vucemilovich.The Managers shall be"managers"within the meaning of the LLC Law.The Managers shall be appointed by and serve at the pleasure of the Members,who may at any time remove a Manager,with or without cause,by a unanimous vote of the Members. A Manager may resign at any time upon giving written notice at least thirty (30)days in advance,subject to compliance with Article 9. If any Manager is unable or unwilling to continue to serve as a Manager, and one or more Managers remains,then the remaining Manager(s)shall continue to serve as Manager(s),subject to adherence to Article 9. 4.2,Manner of Action by tine Managers. Any action to be taken by the Managers may be taken only by their unanimous approval. Formal meetings or votes of the Managers shall not be required to approve any action so long as the requisite number of Managers has approved the action. Failure to obtain a unanimous vote for any action to be taken shall render such action null and void and entitling the Company to recover damages from the Member or a Manager who has taken the action in violation of this Section. 4.3.Authority of Managers.Responsibilities of Managers A. Authority of Managers. Except as otherwise provided in this Agreement or the LLC Law, the Managers shall have exclusive control of the business of the Company. Without limiting the generality of the foregoing,but subject to Section 4.4,the Managers shall have the power and authority,on behalf of the Company,to: (a) supervise and manage the business of the Company; (b) appoint,remove and replace at their pleasure agents and employees of the Company,define their duties,fix their compensation,and enter into written agreements with such agents and employees; (c) enter into,make,perform and carry out all types of contracts, and execute any and all ?t �tru�nents as they shall deem necessary or appropriate; NOV 0 2021 (d) purchase, lease or otherwise acquire any real or personal property in connection with or relating to the business of the Company; 7-0-.ZZGC�:tid (e) receive,buy,sell,exchange or otherwise dispose of Company interests; (f1 prepare all reports required by any governmental or administrative agency; (g) file, on behalf of the Company, all required local, state and federal tax returns, annual reports, and other documents relating to the Company; (h) cause the Company to carry such.property and casualty,.liability and other insurance as the Managers may deem necessary or appropriate; (i) cause the Company to purchase or bear the cost of any insurance covering the potential liabilities of the agents,officers and employees of the Company in carrying out their responsibilities for the Company; Q) make disbursements of money in the ordinary course of business; open,maintain,and close bank accounts and draw checks or other orders for the payment of monies; (k) borrow money on behalf of the Company upon such terms and conditions as the Managers may deem necessary or appropriate; execute promissory notes, drafts and other instruments and evidences of indebtedness, and secure the payment thereof by mortgage,pledge or assignment of,or security interest in, all or any part of the Company assets; and refinance, recast or modify any of the obligations of the Company and the instruments securing those obligations; (1) deposit any available cash with such banks, thrift institutions or other associations as the Managers may unanimously deem appropriate; invest any available cash in such other investments as the Managers may unanimously deem appropriate, and withdraw,pay,retain and distribute the Company's funds in a manner consistent with the purposes of and provisions set forth in this Agreement; (m) make such elections under the Code and other relevant tax laws as to the treatment of items of Company income, gain, loss and deduction, and as to all other relevant matters, as the ,Managers deem necessary or appropriate,including,without limitation,elections referred to in Section 754 of the Code,determination of which items of cash outlay are to be capitalized or treated as current expenses, and selection of the method of accounting and bookkeeping procedures to be used by the Company; (n) cause the Company to make distributions from time to time; (o) bring or defend, pay, collect, compromise, arbitrate, resort to legal action, or otherwise adjust claims or demands of or against the Company;and (p) take any and all other action that is permitted under the LLC Law and that is customary or reasonably related to the ordinary business of the Company. LUM-4 ,.) �A J Managers hereby agree to the following: NOV 20 2 r"1 (a)In.case when a Member is not able to conform,temporarily or permanently,to the responsibiliti �at � th 'ec` °tra a Member, through one of the Managers, shall (i) provide an advance written notice to other M rs 1 d (i)i reimburse other Members for expenses incurred by said other Members in re-scheduling and/or substituting the activities cancelled due to the inability of a notifying Member to perform its responsibilities set forth in this Section; (b)Failure to conform,temporarily or permanently,to the responsibilities set forth in this Section by a Member and refusal to cure said failure within five (5) business days, shall result in irrevocable forfeiture of defaulting Member's Percentage Ownership Interests (and corresponding Net Profits) in the Company in favor of remaining Members of the Company in equal share; (c)No Member and/or Manager shall make any public disclosure or issue any press releases pertaining to the Company and its function or to the proposed transaction to be undertaken by the Company without having .first obtained the consent of the other Members and/or Managers, except for communications with employees, customers, suppliers, governmental agencies, and other groups as may be legally required or necessary or appropriate, and which are not inconsistent with the prompt consummation of transactions governed by this Agreement contemplated in this Letter. This provisions shall survive termination of this Agreement. 4.4.Limitations on Authority. The Managers shall not have the authority to take any of the following actions on behalf of the Company without the unanimous consent of the Members: (a)sell,lease,exchange or otherwise dispose of all or substantially all of the Company's assets; (b) merge, consolidate or otherwise provide for any business combination of the Company with any other limited liability company,corporation or other business entity; (c)enter into any transaction that would result in a change in control of more than 20%of the Interests in the Company; (d) issue any additional Interests to new or existing Members in exchange for Capital Contributions or admit any new Members to the Company; (e)reorganize or convert to a form of entity other than a limited liability company; (f)make any election to be taxed as a corporation;or (g)make any voluntary filing or consent to any involuntary filing against the Company under any bankruptcy or insolvency law,or make a general assignment for the benefit of creditors,or admit that the Company cannot pay its debts as they become due. 4.5.Compensation of the Managers. Alida Vucemilovich shall not be entitled to any compensation other than reimbursement for reasonable and necessary expenses incurred on behalf of the Company. 4.6.Rcliance by Third Parties. NOV 9, 0 2025 Persons dealing with the Company are entitled to rely conclusively upon the certificate of to #e Managers are then acting as the Managers and upon the power and authority'of the Managers asterern set ort . 4.7.Standard of Care. A Manager shall perform his or her duties as a Manager in good faith and with that degree of care that an ordinarily prudent person in a like position would use under similar circumstances. In performing his or her duties, a Manager shall be entitled to rely on information, opinions,reports or statements, including financial statements and other financial data, in each case prepared or presented by (a) one or more agents or employees of the Company or(b) counsel, public accountants or other Persons as to matters that the Manager believes to be within such Person's professional or expert competence.A Person who so performs his or her duties in accordance with this Section 4.7 shall have no liability by reason of being or having been a Manager of the Company. 4.8. Officers;'Delegation of Anthority. The Managers may delegate their power and authority to one or more officers, employees or agents of the Company. The Managers may appoint a President, Secretary, Treasurer and such other officers as the Managers from time to time may unanimously deem appropriate and may set their compensation. The duties of the officers of the Company shall be such as are traditionally associated with their respective offices in a New York corporation and as may be prescribed from time to time by the.Managers. Except to the extent officers are appointed and authority delegated hereunder,management authority shall remain with the Managers.The Managers may remove and replace officers at any time for any reason or for no reason. Any number of offices may be held by the same person,and the Managers may hold any such offices. 4.9.Non-Disclosure.Non-Solicitation.Non-Competition. Each Member and Manager understands that they may have access to sensitive business information about Company's business, finances, operations, processes, business development, customers or potential customers, vendors or potential vendors (hereinafter, "Confidential Proprietary Information"), and other matters that could be very valuable to Company's competitors. The term "Competitor" means any business or entity engaged in the same or substantially similar business as Company. Managers may be given access to such Confidential Proprietary Information and may develop valuable contacts and relationships with Company's customers or potential customers, vendors or potential vendors, consultants and contractors.Therefore,each Manager understands and agrees that: (a) Manager will not,during the period of Manager's business engagement with the Company or at any time thereafter, regardless of the reason for the cessation of Manager's business engagement with the Company: La. . use any Confidential Proprietary Information for.Manager's own benefit or for the benefit of any person or entity other than the Company;or l.a.2. disclose to any person or entity any Confidential Proprietary Information. (b) During the Member's and/or Manager's business engagement with the Company and for the two-year period thereafter, Member and/or Manager will not (directly or indirectly) solicit or persuade, or attempt to solicit or persuade, any Company's customer or other person that has an actual or potential business relationship with the Company not to do business with or to cease doing business with the Company,to reduce the amount of business anticipated or historically done with the Company,or to otherwise alter the actual or potential business relationship with the Company; t (c) During the Member's and/or Manager's business engagement with the Company and for the two-year period thereafter, Member and/or Manager will not (directly or indirectly) solicit or persuade, or attempt of�- "1 19 l O persuade, any Company client, supplier, vendor, contractor or consultant, or persons in the process of Ang �Q recruited to be a Company client, supplier, vendor, contractor or consultant, to end or to modiany existing relationship with the Company or not to enter a relationship with the Company; %O V 9 ® 2021 (d) During the Member's and/or Manager's business engagement with the Company and fog, - er o_d thereafter,Members and/or Managers will not(directly or indirectly)be employed by or be eaecltitn;�' or contractor to or agent for any Company Competitor (or any of the Client Co►npetitor's direct or indirect affiliates) that is located within a ten-mile radius from the location of the venue owned and/or operated by the Company; (e) Members and/or Managers shall not remove from the Company's premises or make copies of any Confidential Proprietary Information,in any form;except,in each case,as may be required within the scope of Member's and/or Manager's duties during Member's and/or Manager's business engagement with the Company; (f) Upon termination of business engagement with the Company, or at any such time as the Company may request, Member and/or Manager shall deliver to the Company all copies in.Member's and/or Manager's possession of any Confidential Proprietary Information,in any form;and (g) Member and/or Manager will not at any time assert any rights as against the Company in or with respect to any Confidential Proprietary Information. A violation of any provision in this Paragraph 4.9 shall constitute a material breach of this Agreement. Member and/or Manager consents to the entering of an injunction to enforce this Paragraph.If Company shall make application to a court of competent jurisdiction for injunctive relief to enforce this paragraph, then and in that event the period of time for the application of the restrictive covenant shall be tolled for a period commencing with Member's and/or Manager's acts which create the claim for injunctive relief and terminating with the date of final adjudication of the petition for injunctive relief, if granted. The restrictive covenant contained in preceding subparagraphs of this Section shall be construed as an agreement and as an independent covenant.The existence of any cause of action by Member and/or Manager against Company shall not constitute a defense to Company's enforcement of the restrictive covenant. Member and/or Manager agrees that, if any portion of this Paragraph is held to be unreasonable, arbitrary,or against public policy by any court or tribunal, or if the applicable law on which such covenant is founded is changed in any manner as to limit the enforceability of this paragraph, the paragraph shall be enforced against Member and/or Manager for a shorter period of time or in a smaller geographic area or otherwise as is determined by the tribunal to be reasonable, non-arbitrary and not against public policy. 4.10 Insurance. Members shall, on behalf of and at Company's expense, maintain insurance, including: (a) commercial general liability insurance, on an occurrence basis, with a combined single limit(annually and per occurrence and location)of not less than one million ($1,000,000) dollars naming each Manager as additional insureds and any other person designated by each Manager(it being agreed that such insurance may be obtained as umbrella coverage), (b)property insurance in an amount equal to one hundred (100%) percent of full replacement value (with a deductible not exceeding five thousand ($5,000) dollars)covering the activities conducted by the Company within the scope covered by this Agreement,Company's property and the property of third parties located in the premises used by the Company within the scope covered by this Agreement, against fire and other risks included in the standard New York form of property insurance, including business interruption insurance covering a period of twelve (12)months, (c) workers' compensation and employer's liability insurance providing statutory benefits for Members' employees at the premises used by the Company within the scope covered by this Agreement (d) such other insurance as the Company may reasonably require. Such liability insurance policy shall include contractual liability,fire and legal liability coverage. Article 5.CAPITAL ACCOUNTS AND ALLOCATIONS 5.1.Initial Capital Contributions. Schedule A hereto sets forth the Capital Contribution to the Company made by each Member as of the date hereof. Contemporaneously with the execution of this Agreement,each Member shall contribute the amount set forth opposite such Member's name on Schedule A in cash or by wire transfer. 5.2.Additional Capital Contributions. The Members shall have the right, but shall not be obligated,to contribute any additional finds rehUl d S362 06pany to conduct the business of the Company in such proportions as they detennine. Such amounts shall constitute additional Capital Contributions of the Members. �c,Wuc��c�:tibcti 5.3.No Interest on Capital Contributions. No Member shall be paid interest on any Capital Contribution. 5.4.Member Loans. (b) A Member may loan money to, and transact business with, the Company on market-rate terms and conditions that are consistent with good business practice,subject to unanimous approval of the Members. (c) If the Managers reasonably determine that additional funds are necessary to meet any immediate obligation of the Company, taking into consideration all current and projected liabilities and obligations of the Company, the Members may make advances to the Company pro rata in accordance with their Membership Percentages. (d)A payment by any Member of any amount under a guaranty by such Member of any obligation of the Company shall be treated as an advance of funds to the Company unless characterized otherwise by the Managers. 5.5.Canitnl Accounts. (a) The Company shall maintain an individual capital account (a "Cavital Account") for each Member on its books and records in accordance with the following provisions. The maintenance of Capital Accounts shall not prevent the intermingling of the funds of the Company in common accounts. (b)Each Member's Capital Account shall be increased (credited)by: (i)the amount of any cash Capital Contribution made by such Member; (ii)the Gross Asset Value of any Capital Contribution made other than in cash by such Member(net of liabilities secured by such contributed property that the Company is considered to assume or take subject to Code§752);and (iii)the amount of Net Income allocated to the Member under Section 5.6. (c)Each Member's Capital.Account shall be reduced(debited)by:(i)the amount of cash distributed to such Member by the Company;(ii)the Gross Asset Value of any property distributed to such Member by the Company (net of liabilities secured by such distributed property that such Member is considered to assume or take subject to Code§752);and(iii)the amount of Net Losses allocated to the Member under Section 5.6. (d)If any Interest in the Company is transferred in accordance with the terms of this Agreement,the transferee shall succeed to the Capital Account of the transferor to the extent the Capital Account relates to the transferred Interest. (e)The provisions of this Agreement relating to the maintenance of Capital Accounts are intended to comply with Treasury Regulation § 1.704-1(b),and shall be interpreted and applied in a manner consistent with such Treasury Regulation. 5.6.Allocation of Net Income and Net Loss, Allocation.Profits and Losses shall be allocated among the Members in proportion to their Percentage Ownership Interests. Nov 9, 0 2029 AQ 5.7.Tax Allocations. _ Y L13 (a)All items of income,gain, loss and deduction shall be allocated among the Members for federal income tax purposes in accordance with the allocation of Net Income or Net Loss(and items thereof)as provided for in this Agreement. (b)Notwithstanding anything herein to the contrary,and consistent with all applicable Treasury Regulations: i. Any special allocations required under § 704(c) of the Code and the Treasury Regulations promulgated under § 704(b) of the Code, shall be made for the contribution of any appreciated property to the Company and the revaluation of such property; ii. For federal income tax purposes, each Member's Capital Account shall be adjusted as required by Treasury Regulation § 704-1(b)(2)(ii)(d)(4)-d(6), and items of the Company Gross Income shall be specifically allocated to each Member in an amount and manner sufficient to eliminate any deficit in such Member's Capital Account as quickly as possible. This provision is intended to be a "qualified income offset" within the meaning of Treasury Regulation§704-1(b)(2)(ii)(d)(3),and shall be interpreted consistently therewith;and iii. Such other allocations shall be made that are necessary for the Company's allocations to comply with the requirements of the Code and the Treasury Regulations. 5.8.Withdrawal of Capital. No Member shall have the right to withdraw from the Company all or any part of the Member's Capital Contribution. No Member shall have the right to demand any distribution other than upon the dissolution and liquidation of the Company. If a Member is to receive a distribution or return of capital,whether upon dissolution or liquidation of the Company or otherwise, such Member shall only have the right to receive that distribution or return of capital in cash. Such Member may receive a distribution or return of capital in kind at the direction. of the Managers; provided, however, that no Member may be compelled to accept a distribution of any asset in kind to the extent that the percentage of the asset distributed to the Member exceeds the Member's Membership Percentage. 5.9.Adiustments to Take Account of Interim Events. If the other Members permit a Member to withdraw from the Company or make an addition to or withdrawal from such Member's Capital Account as of a date other than the last day of a month,the Managers shall make such adjustments in the determination and allocation among the Members of items of Net Income or Net Loss, for purposes of this Agreement as shall equitably take into account such interim event, and the determination thereof by the Managers shall be final and conclusive as to all of the Members. 5.10.Offset and Indemnification. The Company may offset all amounts owing to it by a Member(including any tax payments the Company may be required to r make on behalf of a Member) against any amounts that would otherwise have been distributed to such Member. If the distributions are insufficient to repay the Company for amounts owing to it by a Member,the amounts owing shall be offset against any liquidation proceeds otherwise payable to the Member.Further,each Member shall indemnify and hold harmless the Company and other Members from and against any liability(including any liability for taxes, interest and penalties)that results from any allocations of Net Income,distributions,or other payments to the Member. 5.11.No:Interest on Capital Accounts. W1 0 1 No interest shall be paid on any Member's Capital Account. NOV 90 2021 i 5.12.Source of Distributions. -�-r oc:,-�;�,+ 1L-5 Each Member shall look solely to the assets of the Company for all distributions with respect to the Company and the Member's Capital Contribution thereto and shall have no recourse therefor (upon dissolution or otherwise) against the Managers or the other Members. Article 6.DISTRIBUTIONS 6.1.Distributions Generally. (a)Subject to Section 6.1(c)below,the time and amount of any distributions of.Cash Flow shall be determined unanimously by the Members. (b) The Company may retain funds necessary to cover its reasonable business needs, which may include reserves against anticipated expenses and possible losses and the payment when due of obligations of the Company,and may retain funds for any other Company purposes.The Managers shall determine the amounts of such reserves and the purposes for which such reserves shall be made. (c)If and to the extent that the Company is earning Taxable Income that will result in the Members being subject to income tax on their distributive share of the Company's Taxable Income,the Company shall endeavor to make quarterly distributions to the Members in amounts intended to enable the Members to pay their United States federal, state and local income tax liabilities resulting from allocations made pursuant to Section 5.6 herein (a "Tax Distribution"). The amount of the Tax Distribution shall not exceed the product of (i) the maximum combined U.S. federal and New York income tax rate applicable to an individual on ordinary income or capital gains, as applicable and (ii)the cumulative amount of Net Income allocated to the Members reduced by the cumulative amount of Net Losses previously allocated to them. 6.2._Apportion:ment of(Distributions to Members, Except as otherwise provided in Section 6.1, distributions of Cash Flow shall be made to each Member in proportion to such Member's respective Membership Percentages. Article 7.TRANSFERS OF MEMBERSHIP INTERESTS 7.1. Restrictions on Transfer of lutcrests. No Member shall make or effect a Transfer of all,or any part of,such Member's Interest,except as provided in this Article 7. Any transfer of Member's Interest in violation of this Article 7 shall be null and void. 7.2.Transfers of Economic Interest. With the consent of the Managers,which shall not be unreasonably withheld, a Member may Transfer such Member's.right to participate in allocations of Net Income and Net Loss and to receive distributions from the Company to such Member's spouse, children or grandchildren (including children and grandchildren by adoption and the spouses of children or grandchildren)or to an express trust for the benefit of any such family members or to the beneficiaries of any trust that is a Member. 7.3.Other Transfers.-Rights of First Rcliisal. NOV 91 0 2O21 (a)A Member who wishes to make a Transfer of such Member's Interest to any Person except a 'ods inns er}�7•�;fax, .J who has any information that would reasonably lead such Member to expect that an involun ary' anMer ol"sucTi ember s Interest is foreseeable,may make such Transfer only after complying with the provisions of this Section 7.3. (b)Any such Member shall promptly send a notice(the"Offer Notice")to the Company and each Member and be deemed to have offered to sell such.Member's Interest otherwise subject to the proposed Transfer to the Company and.to the Members at the price and on the terms determined in accordance with this Article 7.The Offer Notice shall include a statement of the type of proposed Transfer,the name,address(both home and office),and business or occupation of the person to whom such Interest would be transferred,the consideration for the proposed Transfer, the payment terms and any other facts that are or would reasonably be deemed material to the proposed Transfer. (c)Upon notice of a proposed Transfer,the Company shall have the first right and the Members shall have the second right to purchase all, but not less than all, of the Interest proposed to be transferred for the purchase price determined pursuant to Section 7.5 and upon the payment terms set forth in Section 7.6.The Company shall exercise its right to purchase, if at all,by irrevocable notice to the.Members and the selling Member within sixty(60)days after the date of the Offer Notice, and the remaining Members shall exercise their right to purchase, if at all, by irrevocable notice to the Company and the selling Member within ninety (90) days after the date of the Offer Notice. The Members may purchase in such proportion as they may agree or, absent agreement, in accordance with their respective Membership Percentages. The Company shall promptly give the remaining Members notice of the exercise by any Members of their right to purchase. (d) If the Company and the other Members do not agree to buy in the aggregate all of the offered Interest within the applicable exercise periods, the proposed Transfer may be completed. If a Transfer is not consummated within sixty (60) days after the expiration of the applicable exercise periods,the provisions of this Agreement will again apply to such offered Interest as if no such Transfer had been contemplated and no notice had been given. 7.4.Repurchase Unon Event of Ilissociation. (a)Upon an Event of Dissociation of a Member,the Company or its designee shall have the first right and the other Members shall have the second right to purchase all, but not less than all, of the Interest of the dissociated Member for the purchase price determined pursuant to Section 7.5(b)and upon the payment terms set forth in Section 7.6.The Company shall exercise its right to purchase, if at all, by irrevocable notice to the Members and the dissociated Member or such dissociated Member's legal representative within sixty(60)days after the date of dissociation,and the remaining Members shall exercise their right to purchase, if at all, by irrevocable notice to the Company and the dissociated Member or the dissociated Member's legal representative within ninety (90) days after the date of dissociation. The Members may purchase in such proportion as they may agree or, absent agreement, in accordance with their respective Membership Percentages. The Company shall give the remaining Members notice of the exercise by any other Members of their right to purchase promptly. (b) The repurchase rights and sale obligations set forth in this Section 7.4 shall apply to all of the Interest, existing or previously held,of a Member including without limitation any economic rights Transferred pursuant to Section 7.2. Upon the Company or any other Member's exercise of their repurchase rights under this Section 7.4, the transferee of any economic rights pursuant to Section 7.2 shall be obligated to Transfer such rights in such repurchase. V�PS-p 1 7.5. Qetermin:ttion of Purchase Price. NOV 9 0 2021 (a)The price to be paid for the Interest of a.Member transferring under Section 7.3 shall be thei¢ GfcileJffai� Notice. If the proposed Transfer is a pledge or gift or otherwise does not include a good faith arm's length purchase price, then the price to be paid for the Interest shall be the amount agreed upon by consent of Two Thirds in Interest(excluding the transferring Member)and the transferring Member or, absent an agreement,the.price to be paid for the Interest shall be the fair market value as determined pursuant to Section 7.5(c). (b) The price to be paid for the Interest of a dissociated Member under Section 7.4 shall be the amount agreed upon by consent of Two Thirds in Interest(excluding the disassociated Member)and the dissociated Member or legal representative of such dissociated Member,as the case may be, or,absent an agreement,the price to be paid for the Interest shall be its fair market value,as determined pursuant to Section 7.5(c). (c)"Fair market value" shall be the price upon which the transferring Member or dissociated Member(such transferring or dissociated Member, as applicable, being referred to as the"Transferring Member") and Two Thirds in Interest (excluding the Transferring.Member)may agree.In the absence of such an agreement within fifteen(15)days after the date of the Offer Notice or Event of Dissociation (as applicable, the "Tri acrin' EvenC"), then the purchase price shall be equal to the fair market value of the subject Interest,determined by appraisal,as of the date of the Triggering Event.If an appraisal is required pursuant hereto,then on or before the fifth(5th)day following the expiration of such fifteen(15)day period,Two Thirds in Interest (excluding the Transferring Member) and Transferring Member shall mutually agree on a disinterested business appraiser. If Two Thirds in Interest(excluding the Transferring Member) and the Transferring Member fail to agree on the selection of an appraiser, Two Thirds in Interest (excluding the Transferring Member) and the Transferring Member shall each select a disinterested appraiser (with the costs and expenses of the appraiser selected by Two Thirds in Interest (excluding the Transferring Member)being borne by the Company and the costs and expenses of the appraiser selected by the Transferring Member being borne by the Transferring Member), and such appraisers shall in turn jointly select a third disinterested appraiser which shall be solely responsible for determining the fair market value of the subject Interest. Such appraiser shall determine such fair market value as the price at which a willing buyer,being under no compulsion to buy, would'pay for the subject Interest and which a willing seller,being under no compulsion to sell,would accept for the subject Interest. The appraiser shall accomplish the appraisal under such rules and procedures as the appraiser may reasonably establish or otherwise in accordance with the rules and standards of the American Society of Appraisers, and all of the Members and the Company shall cooperate with such appraiser to the fullest extent.The appraiser shall give written notice of the appraised value to the Company and the Transferring Member. Except as otherwise provided in this Section 7.5(c),the fees and expenses of the appraiser shall be paid one-half(1/2) by the Company and one-half(1/2) by the Transferring Member. Any appraiser selected by any party pursuant to this Section 7.5(c) shall be experienced in valuing closely-held businesses. 7.6.Payment Terms. The purchase price to be paid upon the purchase of all or a part a Member's Interest under the provisions of Section 7.3 or Section 7.4 shall be paid as follows: (a)At least twenty percent(20%)of the purchase price shall be delivered in cash or by wire transfer of immediately available funds upon closing,together with any instruments of transfer and assignment reasonably requested by the purchaser. (b) The remainder of the purchase price shall be evidenced by the promissory note of the Company or the purchasing Members, as the case may be, payable either to the Transferring Member or, as applicable, the legal representative of a dissociated Transferring Member (the "Note"), which Note shall be delivered at closing, together with the down payment described in Section 7.6(a). The Note shall be payable over a period of five (5) years in twenty (20) equal quarterly installments,each bearing interest at an annual interest rate equal to the prime rate as reported from time to time in The Wall Street Journal, Eastern Edition (or the merage of such reported rates, if more than one), such rate to change on each quarterly interest payment date. The Note may be prepaid in whole or in part without penalty at any time or from time to time. The holder of the Note shall have the right to accelerate payment of the Note, and to demand payment in full together with all accrued interest and with all costs of collection, upon (i) failure of the maker to make any payment of principal or interest within ten(10)days of the date when due, (ii)the sale or other transfer of all or substantially all of the assets of the Company,,(iii) the dissolution of the Company, or (iv) the bankruptcy or insolvency of the Compa 2 'e,. aker or the death of an individual maker. 01 88 n (c)In order to secure the payment of the unpaid balance of the purchase price,as evidenced by the'N"ofe,t®Company or the purchasing Members, as the case may be, shall simultaneously execute and deliver to the Transferring .Member or, as applicable,the legal representative of a dissociated Transferring Member,a pledge agreeme l ��ab est as collateral for the Note and such other instruments and financing statements as may be reasonably requested to perfect the security interest in the pledged Interest.Upon any sale or other transfer of all or substantially all of the Company's assets or any dissolution of the Company, the Company shall make any distributions otherwise payable to the maker of any Notes under Section 7.6(b) directly to the holder of such Notes in an amount necessary to satisfy any outstanding obligations thereunder. 7.7.Closing;Payment of Purchase Price. Whenever a right of purchase under Section 7.3 or Section 7.4 of this Agreement is exercised, the purchase of the offered Interest will take place at a closing, to be held at 1.0 a.m., thirty (30) days after the date on which the last option to buy is exercised or lapses, or after the date on which the last buyer becomes obligated to buy, at the Company's office or at any other time, date and place to which the parties agree.At the closing, the Transferring Member or the legal representative of the Transferring Member shall execute such documents of assignment and transfer as the purchasers may reasonably request. Each Member appoints the Company as such Member's agent and attorney-in-fact to execute and deliver all documents needed to convey such Member's Interest, if the Transferring Member is not present at the closing. This power of attorney does not terminate on the Member's death or disability, and continues for so long as this Agreement is in effect except as otherwise required by law. 7.8.Manner of Transfer. (a)No Transfer shall be effective unless all of the following conditions shall have been satisfied or waived by the Company.- (i) ompany;(i)the transferor shall have furnished to the Managers an executed and delivered instrument of assignment of the transferor's Interest in form and substance satisfactory to the Managers; (ii)the transferee shall have executed and delivered to the Managers a joinder agreement or other agreements under which the transferee (if not the Company or another Member) shall have agreed to be bound by this Agreement, and such other instruments as may be required by law; (iii)the Transfer shall not result in the termination of the Company for federal income tax purposes; (iv)the Transfer shall comply with applicable federal and state securities laws; (v) the transferee shall have paid to the Company the amount determined by the Managers to be equal to the costs and expenses incurred in connection with such Transfer; (vi) the transferee shall acknowledge that the Interest has not been registered under the Securities Act of 1933, or any applicable state securities.laws, in reliance upon exemptions therefrom, and shall covenant, represent, and warrant that the transferee is acquiring the Interest for investment only and not with a view to the resale or distribution thereof,and (vii) the transferee shall furnish the Managers with such other similar information or documentation as the Managers may reasonably request. (b)No purported Transfer or other act of a Member in contravention of the provisions of this Article 7 shall be or constitute an effective Transfer of an Interest,or otherwise be binding upon or recognized by the Company unless theNEMoiAnd the transferee shall have complied with the requirements of this Article 7. n p((} NOV 2 0 2029 l�lT' (c) A Transfer made or effected in compliance with the provisions of this Article 7 entitles the transferee to receive, to the extent transferred, the right to participate in allocations of Net Income and Net Loss of the mn p n -. `7 r distributions from the Company, but does not entitle the transferee to become a Member o i��"b j i�Ki fes�s$`tkie a transferee is so admitted pursuant to Section 7.10 below. A transferee who has become a Member shall have, to the extent assigned, the rights and powers, and shall be subject to the restrictions and liabilities, of a Member as provided in this Agreement. (d)Each Member hereby agrees to indemnify and.hold harmless the Company, and the other Members, from and against all loss, damage or expense, including,without limitation,tax liabilities or loss of tax benefits,arising directly or indirectly as a result of any Transfer or purported Transfer by such Member in contravention of the provisions of this Article 7. 7.9. Involuntary Transfer by a Member. (a)The Company shall not have any right/option to buy back/redeem any Members Interests, unless a.Member engages in conduct harmful to the Company or fails to carry out responsibilities outlined in this Agreement or in the Term Sheet executed on December 8,2016,made part of this Agreement and incorporated herein by reference in its entirety. (b) In the event a Member's Interest is taken by levy, foreclosure, charging order, execution or other similar involuntary proceeding, the Company shall not dissolve. Unless the statutory or other involuntary transferee of such Interest is admitted as a Member pursuant to Section 7.10,such statutory or other involuntary transferee shall not acquire the rights of a Member but shall be entitled to the right to participate in allocations of Net Income and Net Loss of the Company and to receive distributions from the Company. 7.10. Admission of New Members. Notwithstanding anything to the contrary contained herein or in the LLC Law, no Person, including any transferee under Section 7.2, 7.3, 7.4 or 7.9, shall be admitted as a Member of the Company after the date of this Agreement without the consent of Two Thirds in Interest(excluding the Interest of any Transferring Member). 7.11. Members'Representative and Successors. If a Member who is a natural person dies or a court of competent jurisdiction adjudges the Member to be incompetent to manage his or her person or property, the Member's executor, administrator, guardian, conservator or other legal representative may exercise all the Member's rights for the purpose of settling the Member's estate or administering the Member's property. 7.12. Withdrawal of Members. Except as permitted in this Article 7, no Member shall have the right to withdraw from the Company without unanimous consent of the Members. { fl Article S.DISSOLUTION AND WINDING UP 8.1. Dissolution.The Company shall be dissolved and its affairs wound up upon the first to occur of the following: (a) The vote of Two Thirds in Interest; (b) Sale of all or substantially all of the assets of the Company and cessation of its business in th q -;1023 - urse;or (c) Entry of a decree of judicial dissolution under the LLC Law. NOV 0 2021 8.2. Liquidation -7G.hakmCcf,oC,A ML5 (a)Upon the occurrence of an event of dissolution as set forth in Section 8.1 of this Agreement,the Company shall cease to engage in any further business, except to the extent necessary to perform existing obligations, and shall wind up its affairs and, if necessary to pay or establish reserves for all debts and contingent or unforeseen liabilities of the Company,liquidate its assets.The Managers shall have sole authority and control over the winding up and liquidation of the Company's business and affairs and shall diligently pursue the winding up and liquidation of the Company, but a reasonable time shall be allowed for any necessary,orderly liquidation of the assets of the Company and the discharge of liabilities to creditors so as to enable the Company to minimize the normal losses attendant upon such a liquidation. (b)During the course of liquidation,the Members shall continue to share profits and losses as provided in Article 5 of this Agreement. 8.3. Liabilities. Any liquidation shall continue until the Company's affairs are in such condition that there can be a final accounting,showing that all fixed or liquidated obligations and liabilities of the Company are satisfied or can be adequately provided for under this Agreement.The assumption.or guarantee in good faith by one or more financially responsible persons shall be deemed.to be an adequate means of providing for such obligations and liabilities.When the Managers have determined that there can be a final accounting, the Managers shall establish a date for the distribution of the assets of the Company, including any proceeds of liquidation(the"Distribution late").The assets of the Company, including any net proceeds of liquidation,shall be distributed to the Members as provided in Section 8.5 hereof not later than the Distribution Date. 8.4.Settling of Accounts. Subject to any applicable provisions of the LLC Law, upon the dissolution and any liquidation of the Company, the cash of the Company and any proceeds of liquidation shall be applied as follows: (i) first, to pay all expenses of liquidation and winding up; (ii) second, to pay all debts, obligations and liabilities of the Company, including AV Loan, in the order of priority as provided by law, other than on account of Members' contributions;and(iii)third,to establish reasonable reserves for any remaining contingent or unforeseen liabilities of the Company not otherwise provided for, which reserves shall be maintained by the Managers on behalf of the Company in a regular interest-bearing trust account for a reasonable period of time as determined by the Managers.If any excess funds remain in such reserve at the end of such reasonable time,then such remaining funds shall be distributed by the Company to the Members pursuant to Section 8.5 hereof. 8.5.Distribution of Assets of the C:om anv. Upon dissolution of the Company but not later than the Distribution Date, the assets of the Company, including any net proceeds of liquidation,shall be distributed to the Members in proportion to thapositive balances of their Capital Accounts. 8.6.Cancellation of Articles of Organization ofthe Company. Following the dissolution and the commencement of winding up of the Company, the Managers shall cause Articles of Dissolution to be prepared,executed and filed in accordance with the LLC Law. This Agreement shall remain in full force and effect during the period of winding up and until the Articles of Dissolution are filed under the LLC Law. t�J� r1r.M�n NOV 9 0 2021 Article 9.BREACH. LIABILITY 1rXCI1LPATION AND INDEMNIFICATION 9.1. Events 6f Breach an()Remedies zci;JliFvGClr't oGe-P.�� l� Failure by a Member to carry out any or the responsibilities set forth in Section 4.3(B)shall constitute a material breach of this Agreement(herein referred to as an"Material Breach"). .In.addition to the remedies set forth in this Agreement,the Company shall have the right to exercise any rights'wider this Agreement and exercise any other remedy provided by law or equity. No remedy referred to herein is intended to be exclusive,but each shall be cumulative,and the exercise or beginning of exercise by the Company of any one or more of such remedies should not preclude the simultaneous or later exercise of any or all of such remedies. Any failure of the Company to exercise any rights or remedies available to the Company if Material Breach should occur shall not constitute a waiver of the Company's right to exercise such rights or remedies in the event of any subsequent Material Breach. 9.2 No Liability 'or Comp,ny WAs. To the fullest extent permitted by law,the debts, obligations and liabilities of the Company,whether arising in contract,tort or otherwise, shall be solely the debts, obligations and liabilities of the Company, and no current or former Member or Manager, officer or employee of the Company (each, a"Covered Person") shall be obligated personally for any such debt, obligation or liability of the Company solely by reason of being a Covered Person.. 9.3. lExculpation. To the fullest extent permitted by law, no Covered Person shall be liable to the Company or any Member for any loss or liability arising out of any act or omission of such Covered Person in connection with the Company so long as(a)such act or omission was not in breach of this Agreement, (b)in the case of any act or omission of a Manager,such.Manager's conduct was consistent with Article 4,and was not in bad faith,did not involve intentional misconduct or a knowing violation of law and(c)in the case of any act or omission by any Covered Person,such acts or omissions were not in bad faith or the result of active and deliberate dishonesty that was material to the cause of action and the Covered Person did not gain in fact a financial profit or other advantage to which such Covered Person was not legally entitled. 9.4.Indemnification. The Company shall indemnify and hold harmless each Covered Person .from and against any claim, loss, expense liability, action or damage,including reasonable costs and expenses of litigation and appeal,including reasonable fees and expenses of attorneys engaged by the Covered Person (collectively, a "Claim"), related to or arising out of the Company's business or affairs,provided that such Claim does not arise out of(a)a breach of this Agreement by the Covered Person or(b) a matter for which the Covered Person could be liable to the Company under Section 9.2. 9.5.Adva»eement of lxuenses. The Company shall pay the expenses (including reasonable fees and expenses of attorneys engaged by the Covered Person) incurred by a Covered Person in defending any Claim,as such expenses are incurred by such Covered Person.and in advance of the final disposition of the matter,provided that such Covered Person undertakes to repay such expenses if it is determined by agreement between such Covered Person and the Company or by a final judgment of a court of competent urisdiction that such Covered Person is not entitled to be indemnified pursuant to Section 9.3. E dti ' . 9.6.Continuing Rights. NOV 9, Q 2021 No amendment or modification of, or supplement to, this Article 9 shall adversely affect aPW'609-�91�P��y Covered Person existing at or prior to the time of such amendment,modification or supplement.The rights provided in this Article 9 shall inure to the benefit of the heirs, executors and administrators of the Covered Persons and to the officers, directors, shareholders, partners, members, managers and other controlling Persons of the Covered Persons The indemnification provided for.herein shall not be deemed exclusive of any other rights to indemnification. Artield 10.RECORDS AND ACCD[.INTING; FISCAL AFFAIRS 10.1.Fiscal Year. The Company's fiscal year shall end on December 31 unless required to the contrary under the Code. The Company's auditors shall initially to be determined. 1.0.2.Bank Accounts. All of the Company's funds shall be deposited in bank accounts designated by the Managers. Withdrawals from any such bank account shall be made only for the purposes of the Company that have been unanimously approved by the Managers. 10.3.Access to Records and Accounting The Managers shall, at the Company's cost and expense, maintain full and accurate books and records, in accordance with the Company's accounting policies consistently applied, at the principal place of business of the Company or such other place as the Managers may determine.The books and records shall show all receipts and expenditures,assets and liabilities, Net Income or Net Loss, and all other records necessary for recording the Company's business and affairs, including those sufficient to record the allocations and distributions provided for in this Agreement. The books and records shall, upon reasonable prior notice to the Company, be open for inspection and copying by any .Member or such Member's duly authorized representatives during regular business hours at such principal place of business. Any expense for any inspection or copying shall be borne by the Member causing such inspection or copying to be conducted. Any information obtained by a Member with respect to the affairs of the Company shall.be kept strictly confidential,except as may be required by law.Each Member shall also be entitled: (a) To obtain from the Managers upon reasonable demand for any purpose such information reasonably related to the Member's Interest in the Company; (b) To have true and full information regarding the state of the business and financial condition andany other related information regarding the affairs of the Company; (c)To have a formal accounting of the Company's affairs whenever circumstances render an accounting just and reasonable; (d)To obtain from the Company a Schedule K-1 to IRS Form 1065 and any related schedules in a timely manner;and G� Ei�i.? ✓�Vl (e)'I'o obtain from the Managers copies of statements of accounts for the funds of the Company. 1 NOV 0 2091 10.4.Tax Status. Each Member hereby recognizes that the Company will be treated as a partnership for federal,state and local tax purposes. No Member shall take any action that would cause the Company not to be treated as a partnership for federal, state and local tax purposes.Each Member agrees to report,on such Member's own income tax returns for each year,each item of income, gain, loss, deduction and credit as reported by the Company to such.Member on Schedule K-1 (or other similar tax report) issued by the Company to such Member for such year. Except as otherwise required by Iaw, no Member shall take any reporting position that is inconsistent in any respect with any tax reporting position taken,by the Company and,,in the event of a breach by such Member of the provisions of this Section 10.4, such Member shall be liable to the Company and the Members for any costs, liabilities and damages (including, without limitation, consequential damages) incurred by any of them on account of such breach. 10.5.Tax.Returns, Elections. (a)The Managers shall use all reasonable efforts to cause the Company's accountants to prepare and make timely filings of all tax returns and statements that must be filed on behalf of the Company with any taxing authority, and shall promptly provide a copy of such returns and statements to each Member. Copies of such returns shall be kept at the Company's principal place of business or at such other place as the Managers shall determine and shall be available for inspection by the Members or their duly authorized representatives during regular business hours. (b) The Company may,but is not required to,make an election for federal income tax purposes to the extent permitted by applicable law and regulations,as follows: (i).in case of a Transfer of all or part of any Interest effected in accordance with the terms of this Agreement, the Company may elect in a timely manner under Code § 754 and the corresponding provisions of applicable state and local tax laws to adjust the basis of the assets of the Company under Code§734 and§743. (ii)All other elections required or permitted to be made by the Company shall be made in such a manner as Managers, in consultation with the Company's attorneys or accountants,determine to be most favorable to the Members. (iii)No Member shall take any action or refuse to take any action that would cause the Company to forfeit the benefits of any tax election previously made or agreed to be made by the Company. 10.6.Tax Matters Partner. (a) Pursuant to Code § 623 1(a)(7)(A), if applicable to the Company, Mark Vucemilovich is hereby designated as the"Tax Matters Partner" of the Company for all purposes of the Code and for the corresponding provision of any state or local statute. Each of the Members hereby consents to such designation and agrees to take any such further action as may be required by Treasury Regulations or otherwise to effectuate such designation. The Tax .Matters .Partner is authorized and required to represent the Company(at the Company's expense)in connection with all examinations of the Company's affairs by any tax authorities, including resulting judicial and administrative proceedings, and to expend Company funds for professional services and costs associated therewith.The decisions of the Tax Matters Partner shall be final and binding as to all Members except to the extent that any Member files a statement not to be bound by a settlement pursuant to Code § 6224(c)(3). The Tax Matters Partner shall furnish to the Members a copy of all notices or other written communications received by the Tax Matters Partner from. the Internal Revenue Service or any state or local taxing authority (except such notices or communications as are sent directly to the Members) promptly after receipt of any such notice or written communication. (b) The Company will furnish annual and quarterly financial statements to all of its Members, and will [hake financial records available on request to all of its Members. �W NOV 2 0 2029 Article.1.1.INTELLECTUAL PROPERTY 1 LL All Members and Managers agree that everything such Member and/or Manager creaGGZNrd i%1 \ l7 r f�fhe Effective Date,and everything that such Member and/or Manager might create for the Company hereafter,including but not limited to, all inventions, improvements, developments, discoveries, patentable and potentially patentable products, potentially patentable and copyrightable concepts and methods, trade secrets, works of art, written works, client lists, websites, commentary, translations, edits, descriptions,notes, samples,models,prototypes, components,plans, and research which were created by such Member and/or Manager or will be created by such Member and/or Manager (either written,in electronic form or otherwise),and all individual elements therein, including without limitation, characters,settings, designs, visual images,user interface designs,and graphics,as well as all derivatives and modifications thereof and thereto conceived, made or discovered by such Member and/or Manager,solely or in collaboration with others in.performing services hereunder (collectively the"Work Product")shall be considered"work made for hire" and shall be the sole property of the Company. Members and Managers hereby agree to assign and do hereby assign fully to the Company all such Work Product, all of Members' and Managers' interest in the Work Product, and any copyrights, patents, or other intellectual property rights relating thereto. At Company's request during and after the term hereof, Members and.Managers shall assist and cooperate with the Company in all respects, shall execute documents, and take further acts requested to acquire, perfect, transfer, maintain and enforce patent, copyright, trademark, trade secret and other.legal protection for the Work Product, including without limitation filing a copy of this Agreement with the appropriate government agencies. Members and Managers hereby appoint the Company as their attorney-in-fact to execute documents on their behalf solely for this purpose. Members and Managers hereby waive, and agree not to assert, any and all moral rights that they may have in and to the Work Product created hereunder.The provisions of this Paragraph shall be binding upon each Member and Manager,their predecessors in interest,heirs,assigns and all third parties acting in concert with said Members and Managers;and 11.2. Members hereto agree that a client list generated by the Company shall be the part of.Intellectual .Property and Confidential Information governed by this Agreement and shall remain.the property of the Company pursuant to this Article 11 and.Paragraph 12.11. Article 12.OTHER.MATTERS 12.1.Amendment. Except to the extent otherwise required by law,this Agreement may be amended in a written agreement executed by no fewer than Two Thirds in Interest of the Members;provided,however,that no amendment shall: (a) increase the obligations of any Member to make Capital Contributions or impose any other liabilities on any Member unless in each case such Member consents thereto; (b)change the allocation of Net Income or Net Loss for tax purposes or change the manner of computing distributions to any Member unless in each case,every Member adversely affected thereby consents thereto(it being understood that the issuance of new interests to a new or existing Member in exchange for Capital Contributions without amending Article 5 or Article 6 will require only the consent of Two Thirds in Interest); (c) amend any provision.hereof which requires the consent, action or approval of the Members of a specified Membership } I Percentage without the consent of such Members;or Codi r. (d)amend this Section 11.1. NOV 9, 12.2.Notices. Except as specifically provided elsewhere in this Agreement, all notices, requests, consents or other communications to the Company,the Managers or any Member shall be in writing(which shall include an email or facsimile transmission)and shall be given: if to the Company or the.Managers,to the address for the Company set forth in Section 2.4, and if to any Member, to the address for such Member set forth on Schedule A hereto. Any address may be changed by notice given by the Company or the Member whose address is being changed to the other parties by written notice.Each notice shall be given by hand,by first class mail,by a nationally recognized courier service or by facsimile or email transmission with a confirmation copy sent by first class mail or nationally recognized courier service. 12.3..Governing Law. This,Agreement shall be interpreted and construed in accordance with the laws of the State of New York without regard to the conflict of law provisions contained therein. 12.4.Interpretation. All pronouns and any variations thereof shall be deemed to refer to the singular or plural, masculine,feminine or neuter as the identity of the Person or Persons referred to may require.The captions of Sections of this Agreement have been inserted as a matter of convenience only and shall not control or affect the meaning or construction of any of the terms or provisions hereof.Unless otherwise specified, references in this Agreement to Articles or Sections refer to the Articles and Sections of this Agreement. ".Include", "includes", and and "including" shall be deemed to be followed by the words "without being limited to." 12.5.Severability. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 12.6. Entire Agreement. This Agreement and the schedules and exhibits attached hereto constitute the entire agreement among the members with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations and understandings of the parties with respect to the Company. 12.7. Counterparts; Effective Hate. This Agreement may be executed in multiple counterparts,each of which shall be deemed an original and all of which shall constitute one agreement. The signature of any Member to a counterpart shall be deemed to be a signature to, and may be appended to, any other counterpart. This Agreement is dated and shall be effective among the Members as of the date first above written. 12.8.BhWittg Effect. This Agreement shall be binding upon, and shall inure to the benefit of,the Members and,subject to the limitations set forth in Article 7, their respective successors, heirs, executors, administrators, legal representatives and permitted assigns. Each Manager and each other Covered Person shall be entitled to rely upon, shall be a third party beneficiary of, and shall be entitled to enforce the provisions of this Agreement applicable to such Person,including the provisions of Article 9. 12.9.Waiver. The failure of the Company or any Member to insist on strict performance of any obligation under this Agreement shall not be deemed a waiver or relinquishment of the rights of the Company or the Members to demand strict compliance in the future with respect to such covenant or obligation.No consent or waiver, express or implied, to or of any breach or default in the performance any obligations hereunder shall be deemed or construed to be a consent to or waiver of any other breach or default in the performance of the same or any other obligation under this Agreement. 12.10.Survival. The Parties'obligations under Articles 4,7,9,and I 1 shall survive the termination of this Agreement NOV ® 2021 ifs�Ja�J�C^;fZ-:)C e-f"Oe L5 12.11 Additional Remedies. The :rights and remedies of the Members and the Company shall not be mutually exclusive. The respective rights and obligations hereunder shall be enforceable by specific performance,injunction or other equitable remedy,but nothing herein contained is intended to,nor shall it limit or affect,any other rights in equity or any rights at law or by statute or otherwise of any Member aggrieved as against any other Member, for breach or threatened breach of any provision hereof, it being the intention of this Section to make clear the agreement of the Members that their respective rights and obligations hereunder shall be enforceable in equity as well as at law or otherwise. 12.12.No Certification. No certificate shall be issued evidencing a Member's Interest.Furthermore,Article 8 of the New York Uniform Commercial Code shall not apply to this Agreement or to any Interest. 12.13.Jurisdiction and Consent to Service. Each Member: (a) agrees that any suit, action or proceeding arising out of or relating to this Agreement shall be brought solely in the state or(to the extent they have subject matter jurisdiction)the federal courts situated in the State of New York; (b)consents to the exclusive jurisdiction of each such court in any suit,action or proceeding relating to or arising out of this Agreement; (c) waives any objection that such Member may have to the laying of venue in any such suit, action or proceeding in any such court;and(d)agrees that service of any court paper may be made in such manner as may be provided under applicable laws or court rules governing service of process. 12.14. Acknowledgement. Each Member acknowledges that this Agreement has been prepared by the law firm of Aida A.Verdino,Esq.on behalf of its client,the Company,and that each Member has been advised to seek independent counsel for this Agreement.Each Member confirms that such Member has read and understands this Agreement and has consulted with counsel of such Member's her or its own choosing or has knowingly and voluntarily declined to do so. .IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement as of the_�_ Lm 12021. [following page contains signatures of the Members] 1 BAY Q CH,LLC BAY BEACH,LLC By: NIARK CEMILOVICti,Member ALIDA VUCEMILOVICH,Member �. NOV 2 0 2021 BAY BEACH,LLCM By: ALIDA VUCEMILOVICH,Manager SCHEDULE Member Initial Capital Contribution Membership Percentage MARK VUCEMILOVICH $670,000 50% NOV s 0 2021 ALIDA VUCEMILOVICH $250,000 50%zCr,11NTZGC1'3fa1�"11D C":AF—.10-1113 Ulu APPLICANT/AGENT/REPRESENTATIVE Nov 2 4 20,?1 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. Alida Vucemilovich,Member YOUR NAME: Bay Beach LLC (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 X 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 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 Submytte=daVucemilovich, of I r C 201�� _Signature,/ Al -----,. Print Namember ) Form TS I fr° ay Beach LLC MARK WCEMILOVICH ublic State of New York No.01VU5011529 Qualified in Queens County Commission Expires October 03,2023 APPLICANT/OWNER N©V 2 0 ?971 TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the cart of town officers WWI es. a 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. Alida Vucemilovich,Manager YOUR NAME: Bay Beach LLC (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.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning 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 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 that 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 tWio day of.' 20_!?l Signature Alida Vucemilovich,Manager Print Name Bay Beach LLC AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORINT 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, Robert E. (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.) NOV 9. 4 2021 TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance XXX Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning 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 that 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 this10th ay of November Zp 21 Signature Print Name Robert E. Herrmann Town of Southold LWRP CONSISTENCY ASSESSMENT FORM NOV0 7?0..1 A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, s p � bis C for proposed actions that are subject to the Town of Southold Waterfront C' 9N, `LIhis 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 sighifican 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# 56 - 5 _ 35 PROJECT NAME Bay Beach LLC 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 16'x 32'inground swimming pool and 408 sf grade-level masonry patio;and install 4'high pool enclosure fencing,pool drywell,and pool equipment,as depicted on the site plan prepared by Young&Young,last dated October 19,2021. Pursuant to Southold Town Code§268-5("Review of Actions")and the corresponding definitions of"action" and"minor action"by §286-3 ("Definitions"),the associated request for lot coverage variance meets the following definition of a minor action and should thus be determined to be exempt from waterfront consistency review pursuant to chapter 268: 7.Granting of individual setback,lot line and lot area variances,except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA." Therefore,all policies are noted as being"Not Applicable." Location of action: 1055 Bay Home Road,Southold Site acreage: 15,476 sq. ft. Present land use: Residential,single-family dwelling with attached deck Present zoning classification: R-40 No 2. If an application for the proposed action has been filed with the Town of a efollowing pp p p ��� information shall be provided: (a) Name of applicant: Bay Beach LLC (b) Mailing address: c/o Alida Vucemilovich,Manager 86 Longview Road,Port Washington,NY 11050 (c) Telephone number: Area Code 718-607-5875 (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? NYSDEC 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 1-1No ® blot 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 40y k Attach additional sheets if necessary o%A � Policy 3. Enhance visual quality and protect scenic resources throughout t%Tm of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria KU T [—] Yes ❑ No ® Not Applicable r 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 F-1Yes 1:1 No ® Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [—]Yes ❑ No ® Not Applicable y. Attach additional sheets if necessary �x "°� rt=' 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 ❑ No ® 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 FIN oVN Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water°.:` endent uses and promote siting ', few 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 � �, ; °'n'' , . 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 TITLEcoastal Management specialist DATE 11-10-21 Robert ann Amended on 811105 BAY BEACH LLC, 1055 BAY HOME ROAD,SOUTHOLD Ail -� I� 1055rr -. 7 NI S ij • • Figure 1. Aerial view of subject property and surrounding neighborhood in April 2021,including S nearby properties improved with swimming pools. Image by Google Earth. NOV WD f . Figure 2. Looking northwest from southeasterly property line,along northeasterly property line,toward applicant's dwelling and location of proposed swimming pool(left);and at neighboring swimming pool on adjacent property to northeast(right). BAY BEACH LLC, 1055 BAY HOME ROAD,SOUTHOLD a AW 1 %�Yr•AYRnxv i> Figure 3. Looking northeast from dwelling over location of proposed swimming pool in relation to northwesterly property line(left)and northeasterly property line(right). NOV 20 MI J ; t _ x s Figure 4. Looking south from most northerly corner of property at location of proposed swimming pool in relation to northeasterly property line(left)and northwesterly property line(right). TOWN OF SOUTHOLD PROPERTY RECOLm v"Awmv OWNER STREET r" s c� VILLAGE DIST.. SUB. LOT 4,4(e— FORMElk0, NER N E ACR. $ W TYPE OF BUILDING IES. O SEAS. VL. FARM T COMM. CB. MICS. Mkt. Value c / LAND IMP. I TOTAL DATE REMARKS �� • -�Z e �3d �SA/E O; - q5Q,� `f�� �. eirg 'z fu}�_"7.v 'E7' /l�i�C/�d�//Cli 6 /��l /It , � y ,c��, /./2_9�G Cfir�S�✓ hcw C�'C,� ej 411, 2 J L r D �� o y%z o y a s/`t'6 -8 3 b'y a - Co►�5 Acid 1�: o " --0 w La 7a-6 1 ?�► IId 9F:# 3Sq4 - rP p laces LPA 238'42 3/, l otOC� (o(DOO 7 Sko11a "�Q Q �k b i AGE BUILDING CONDITION NEW NORMAL BELOW ABOVEy FARM Acre Value Per Vclue Acre - ri I labie j j FRONTAGE ON WATERS C Noodland j FRONTAGE ON ROAD -- - Meadowland DEPTH c' ` House PI t �d BULKHEAD -� Total ( DOCK I . n■ ■■ ... .. MENS■ MONOmom������� , bz m..mom 0 . . n� . r��. . .. . .. • 1 MINE ■.fir , L . ....0mom ME N M 0N W . IN mom 0 ME a IN RAM ra ` R 01 0 0 No MEMOIRo 0M��� � � �� .....�i..s......�a.s.. viii Both Basement Floors !� ■ . . . -'I' C • ((JJExt. •I IsInterior Finish �F� At November 10,2021 EN-CONSULTANTS Southold Town Zoning Board of Appeals ►" int= Town Hall 53095 Main Road P.O.Box 1179 NQV 0 2021 Southold,NY 11971 Attn.: Kim Fuentes Re: Bay Beach LLC 1055 ay Home Road,Southold SCTM#1000-56-5-35 Dear Ms. Fuentes: Enclosed for review are ten(10) separate sets of the following for your review: 1. Notice of Disapproval dated February 4, 2021,renewed October 27 2021. 2. Office Check List. 3. Zoning Board of Appeals application including; a. Reasons for Appeal(2 page addendum), b. Applicant's Project Description, c. Questionnaire(copies of CO#'s Z-16273, Z-16277, 38169 attached) d. Agricultural Data Statement, e. Owner's Consent, f. Applicant&Agent Transactional Disclosure Forms, g. Short Environmental Assessment Form, and 4. LWRP Consistency Assessment Form. 5. Site Photographs. 6. Survey/site plan prepared by Young&Young, last dated October 19, 2021. 7. Town property card. 8. Application fee of$500. I hope this information shall allow you to process our request. Should any additional information be required, please do not hesitate to contact our office. Since a y, Robert errmann Coastal Management Specialist /khs Enc. 1319 North Sea Road I Southampton,New York 11968 p 631.283.6360 f 631.283.6136 www.enconsultants.com environmental consulting ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: November 19, 2021 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 7609 Bay Beach LLC 8360 $500.00 RECEIVED NOV 2 2 '2021 Southold'Town Clerk TOTAL $500.00 Sent via Inter-Office to Town Clerk by: DW Thank you. SDU Afi?1P NiY 968 - tea'? .yma�;` � `.. '@-.r..,�' -mad` s�.� -'e'R✓s' �.�s' "z C°" a�' day �:a.��,„ ,�'e��'' ®, y�- -�, - �. "' � WT .` �' 11 '`�- •�"c'.c'.('S.r3 c c..:3nmm �w`p����•^_, .,s '�- � s' a4 s•-�w� > �<a.:p �-�" -�s�'���'-.,�"�x. q'•'�.��'�,s'�.'��'o o- mv"' -�;,..A� ,. omOLL-ARS z�'' -e� �,v -*�-_ '�>•m�..�-'C�.-ad -�' �n.�' ��'�' �.G �-,s` tem' ��.+� ���;.r .sem= '�it�`,�"'°a,,.✓ �r�-��i:�' �z.�;�� �: -��.��`"�_�"����"'-`"_ 'r, '+4,,.s•�'' ^�a..�°�""'on���y�,yv"",�`�¢�..�¢"�a,aim"�"''�Q,•="'�y�'�'`�".""'"^�°�'y��` '"'cis y�'.,�-�,,,�,�.s ^''��"':,ez �: �M1 �_ �_;_� � _� 1J `<�.- '�,'. 'bra" '°q�', 'off 'c'ay a� `�`• �: '�'�„ Y "'.�. . 'M` N��*,,m-. x'FO`�^+sR�- Br'�r YS-PA T G'.'�....g> _ "*.�.9 �a.�.�._-s-,�- . ham ^•n.9 �- 'sa.:.� �v _ �"7'. -..d -'� ..- 4 . qs� `F'L'T ..-,._....-.r•e...�_ -..> ."'�x �''aa�spa`sem.'"'.w.'°'o'. _'.='a„f"<6Q ��" "--« -�i.E-�'"+ice .s�"""R”"2., 'P'`;.�; 6d''�. >�L..y;� �.""�,�..v �O�Vff�(�(►CO ELIZABETH A.NEVILLE,MMC ��� r/y Town Hall, 53095 Main Road TOWN CLERK ® P.O.Box 1179 CO3 Z Southold,New York 11971 REGISTRAR.OF VITAL STATISTICS 5 • Fax(631)765-6145 MARRIAGE OFFICER y � Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®1 `p►a www southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: November 22, 2021 RE: Zoning Appeal No. 7609 Transmitted herewith is Zoning Appeals No. 7609 for Bay Beach LLC: ,�Notice(s) of Disapproval The Application to the Southold Town Zoning Board of Appeals J,,�_Applicant's Project Description J�Questionnaire Correspondence- it Ito J2 t It++ce 4P Z ,A _, --'Certificate(s) of Occupancy Building Permit(s) Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.) �Misc. Paperwork-0?1k&)J;y%A Ag(4C Den}=cir LL .0 Copy of Deed(s) Findings, Deliberations and Determination Meeting(s) /Agricultural Data Statement ,/Short Environmental Assessment Form _,Board of Zoning Appeals Application Authorization Action of the Board of Appeals / Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) __ZLWRP Consistency Assessment Form Photos _,,-Property Record Card(s) J,Maps- -ZSurvey/Site Plan Drawings awn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/22/21 Receipt#: 288128 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7609 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#8360 $500.00 En-Consultants Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Bay, Beach LLC 86 Longview Rd Port Washington, NY 11050 Clerk ID: JENNIFER Internal ID:7609 ♦� b owl q• Y ,4 �. r Ln CD ` 1 Ar Ilk - r > iir - - � s . \`. Y�• ,�'� �� �, �'6' t` • �'. Orr' y �• /ate BAY ,CH LLC, 1055 BAY HOME ROAD, SUUTHOLDVol � J .�--� 1055 Ba, Home Rd f o� .ap f` • R 7S �ogle Figure 1. Aerial view of subject property and surrounding neighborhood in April 2021,including 5 nearby properties improved with swimming pools. Image by Google Earth. * Figure 2. Looking northwest from southeasterly property line,along northeasterly property line,toward applicant's dwelling and location of proposed swimming pool(left);and at neighboring swimming pool on adjacent property to northeast(right). ' BAY CH LLC, 1055 BAY HOME ROAD,sou,rHOLD C/C/ 'i I r Figure 3. Looking northeast from dwelling over location of proposed swimming pool in relation to northwesterly property line(left)and northeasterly property line(right). a �r t IA , Figure 4. Looking south from most northerly corner of property at location of proposed swimming pool in relation to northeasterly property line(left)and northwesterly property line(right). 93c1-afce-4755-b625-1c7822371810 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICEA SOUTHOLD TOWN ZONING BOARD OF APPEALS �� THURSDAY,APRIL 7,2022 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN,pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold,the following"IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall,53095 Main Road,Southold, New York 11971-0959,on THURSDAY, APRIL 7,2022: The public may ALSO have access to view,listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10:00 A.M.—CHRISTOPHER THIRKiELD#7608—Request for variances from Article III,Section 280-15; Article XXIII,Section 280-124,and the Building Inspector's September 2,2021 Notice of Disapproval based on an application for a permit to legalize an accessory garage and roof over rear patio attached to an existing single family;at 1) located less than the code required minimum rear yard setback of 5 feet;2) located less than the code required minimum side yard setback of 5 feet;3) more than the code ,permitted maximum lot coverage of 20%; located at:705 Captain Kidd Drive,Mattituck, NY.SCTM No. 1000-106-5- 8. 10:10 A.M.-BAY BEACH, LLC , il, - Request for a variance from Article XXIII,Section 280-124;and the Building Inspector's October 27,2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool;at 1)more than the code permitted maximum lot coverage of 20%;located at: 1055 Bay Home Road,Southold, NY. SCTM No.1000-56-5-35. 10:20 A.M.-MICHAEL KASPER#7610—Request for a variance from Article III,Section 280-15;and the Building Inspector's October 22,2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool;at 1) located in other than the code permitted rear ya rd; located at:735 Gin Lane,Southold, NY. SCTM No. 1000-88-4-7. 10:30 A.M.-DONNA BELVEDERE#7611—Request for a variance from Article XXIII,Section 280-124;and the Building Inspector's November 17,2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool;at 1) more than the code permitted maximum lot coverage of 20%; located at:605 Eastwood Drive,Cutchogue, NY. SCTM No. 1000-110-3-21. 10:40 A.M.-THOMAS ANNICQ#7612—Request for a Variance from Article III,Section 280-15; and the Building fnspector's October 5,2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool,at; 1) located in other than the code permitted rear yard; located at i SOUTHOLD TOWN BD OF APPLS 2 17df93c1-afce-4755-b625-1c7822371810 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 305 Halls Creek Drive, Mattituck, NY. SCTM No. 1000-116-7-2. 10:50 A.M.-KIM ULMET#7613—Request for Variances from Article XXlll,Section 280-124; and the Building Inspector's December 7,2021 Notice of Disapproval based on an application for a permit to construct a covered front porch and screened porch additions to an existing single family dwelling,at;1) located less than the code required minimum secondary front yard setback of 20 feet;2) located less than the code required minimum rear yard setback of 35 feet;3) more than the code permitted maximum lot coverage of 20%; located at 8385 Great Peconic Bay Blvd, Laurel,NY. SCTM No.1000-126-9-25. 11:00 A.M.-COLLEEN KRUPSKI#7614—Request for a Variance from Article III,Section 280-15;and the Building Inspector's October 5,2021 Notice of Disapproval based on an application for a permit to construct a single family dwelling,at;1) resulting in an existing accessory barn located in other than the code permitted rear yard;2760 Skunk Lane, Cutchogue, NY. SCTM No. 1000-97-8-31.6. 11:10 A.M.-ANDRES AND MARISSA GARCIA#7615—Request for a Variance from Article Ill,Section 280- 15; and the Building Inspector's January 11,2022 of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool,.at;1) located less than the code required minimum rear yard setback of 10 feet; located at 380 Garden Court,Southold, NY. SCTM No. 1000-63-7-17.7. 1:00 P.M.—JOHN CARTER AND CATHERINE SAMAAN#7634—Request for a variance from Article III, Section 280-15 and the Building Inspector's January 13, 2022 Notice of Disapproval based on an application for a permit to construct an accessory swimming pool;at 1)located in other than the code permitted rear yard; located at: 125 Broadwaters Road, Cutchogue, NY.SCTM No. 1000-104-12-8.2. 1:10 P.M.—WILLIAM C. GOGGINS AND DONNA M. GOGGINS—Request for a Variance from Article XXIII, Section 280-124;and the Building Inspector's December 3,2021 Amended January 11,2022 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool,at; 1) more than the code permitted maximum lot coverage of 209 ;located at:2000 Jackson Street, New Suffolk, NY. SCTM No. 1000-117-10-17. 1:20 P.M.-KATHERINE HUBBARD#7607SE—Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant Is owner of subject property requesting authorization to establish an. Accessory Apartment in an existing accessory structure;at:2465 Elijahs Lane,Mattituck, NY. SCTM#1000- 108-4-7.14. 1:30 P.M.—DOUGLAS MCGAHAN#7653- Request for a Variance from Article IV,Section 280-15;and the Building Inspector's February 17,2022 Notice of Disapproval based on an application for a permit to .legalize an "as built"accessory building at; 1) located less than the code required minimum side yard setback of 10 feet; located at: 1820 Stillwater Avenue,Cutchogue, NY. SCTM No. 1000-103-7-11. SOUTHOLD TOWN BD OF APPLS 3 17df93c1-afce-4755-b625-1c7822371810 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION t ,�� The Suffolk Times /\Q The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/web l i nk/Browse.aspx?dbi d=0. If you have questions, please telephone our office at(631)765-1809,or by email: kimf@southoldtownny.gov. Dated: March 17,2022 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIRPERSON By: Kim E. Fuentes 54375 Main Road(Office Location) 53095 Main Road,P.O. Box 1179 (Mailing, USPS) Southold, NY 11971 i SOUTHOLD TOWN BD OF APPLS 4 17df93c1-afce-4755-b625-1c7822371810 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, VA ' County of,Suffolk, 1 The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice, a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: March 31,2022 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as such,is eligible to publish such notices. Signature Eliot T. Putnam ,Printed Name Subscribed and sworn to before me, This 31 day of March 2022 otary ignatur STATE OF NEW FORK •. NOTAL X PUBLIC: �, Notary Public Stamp ALBANY ' o s C� OIRE631)9443 ' :g O � ION EXe\R ,,,r►u u u++N++ SOUTHOLD TOWN BD OF APPLS I BOARD MEMBERS ��F SOU Southold Town Hall Leslie Kanes Weisman,Chairperson Tiff 53095 Main Road•P.O.Box 1179 !� Southold,NY 11971-0959 Patricia Acampora � � Office Location: Eric Dantes _-'N6- Town Annex/First Floor,' ` Robert Lehnert,Jr. G ,cam a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �i,'G+oU \, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN.ZONING BOARD OF APPEALS THURSDAY, APRIL 7, 2022 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following "IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, APRIL 7, 2022: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownnv.qov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at . http://southoldtownnv.qov/calendar.aspx. 10:10 A.M. - BAY BEACH, LLC #7609— Request for a variance from Article XXIII, Section 280-124; and the Building Inspector's October 27, 2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool; at 1) more than the code permitted maximum lot coverage of 20%; located at: 1055 Bay Home Road, Southold, NY. SCTM No. 1000-56-5-35. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/webl i n k/Browse.aspx?d b i d=0. If you have questions, please telephone our office at(631)765-1809, or by email:kimf@southoldtownny.gov. Dated: March 17, 2022 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 Town Hall Annex, 54375 NYS Route 25 Co P.O.Box 1179 y Z Southold,New York 11971-0959 Oy� Fax(631) 765-9064 ZONING BOARD OF APPEALS 1 W DATE: March 7, 2022 RE .•�INSTRUGT'IONSs='F.ORaPU$ITC ITEARt;NG Dear Applicant; Pursuant to the New York State Governor's announcement lifting many COVID-19 restrictions, the Town will now resume IN-PERSON meetings that are open to the public. For those who wish to attend the meeting virtually, for health and safety reasons,we will continue via Zoom Webinar, as well. Therefore, the April 7, 2022 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. 1. Yellow sign to post on your property a minimum of seven,(7) days prior to your hearing, to be placed not more than 10 feet from the front property line'(within your property) bordering the street. If you'border more than one street or roadway, an extra sign is--supplied for posting on both street frontages. Posting should be done no later than March 31, 2022. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide.you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of Your property. If a Board member reports that there is no signage visibly on display as required by law,your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office by March 31, 2022, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. Instructions for ZBA Public Hearir:a- Page 2 MAILING INSTRUCTIONS: Please send by _ the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by March 21,2022. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencink. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore; if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimf@southoldto3LMU.gov or elizabeth.sakarellos@town.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/BroWse.aspx?dbid=0. d.- Survey or'Site Plan depicting"as-built"and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location:addresses and.mailmg. addresses in their current Assessment Roll-listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>SAssessors-Assessment Books/Tax Rolls>2010-2021 >�2021 http://southoldtownn.gov/DocumentCenter/View/8779/FinalRo112021-Amended WIN 7,111iiiii; t Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are.not present, the hearing will be adjourned to the next available hearing date. Please be.reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason,you are unable to prepare for your public hearing as instructed, please let us know. Kim E. 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I ( "2737359ht�onSEast`�DOQ13-3-t C>n312020 3 5S 56 PNT I p�iX7383 4ptiler tOOD9,5 8.3 t _ '�`873845E HNFResorts.Mydonitesorts Campground '-t000-4t}3�5�- .. _.._..,_..v. d" N.O.rnetadata ass}grled' i A7386 850,Bayview Dr 1000=37.-540:1 .. - I #x7387 HaFd ColnFr:1000-67-41 _ _ _ . 7 -7387 Hard Comer'SITE PLAN-Arch Plans 1000-61-4-1 ' 177388-Wntem.Irrev.:TrvsF 1:000-1-8.:2.20` t. -1 .37389 .7 It It#7406-Nappa1000-88>t-1.5 ... Pagel of 1 Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0 Laserfiche Instructions ZBA Files Page 3 Laserfiche WeDLink '— — a :. •..' 'Home Browse', Search - tS TownOourhold--ZoniM ng Eoaof.Apjteai5-RryAi�Board Rcppns Mar- -ft me Da&e fount �'-"EIA IrAa , t `r•'�, Board Actions �. 1 ft 1957-1979 ; —......... Path C`tu 2000 Tom(YSoLnttotd12ordttg Qdard __.._._ I- cfAppeaLsR13N79oardAction: k;.,I Bri 2001 ----'-- ---- --•-----..—:------.— - '� Creation date : j Zo02 _... ..._--_'_—__—" ...._'_--'—_'--'.__ ._.. _ --1., 7/10/2001'122155 PN,' k,- 2OQ3 ' Last modifiedED 2004 , 3R a/zo1711:36'07AM x�-.. 23 2005 u• r�-Metadat"a,� 4 2006 _ No metadata assigneJ i ;l..__.__._...__.___._.___.__....__'_---_.—.__.._ __- zoos �. Ii ,��2009 .._.. _-_.___._.._--'�----'—`---- _ - -----�•---- '----- t flRwlu j &A 2010 ,. -.0 2011 - ag 2012 i.:.I Fn4 2013 i. W2014, .....-.._-..... __.._.-._.. f. .__._._ _ h3 2015 ��. b 2016 _ .. t s�ii 2017 Above Board Actions are listed by.year. Click folder to open:. All Special:Exception applications that require.Coordinated SEQRA-Analysis are stored•-in "Pending": '.' �� �� � fame 'erm6se ..seari]t rouilionrn.bGs-�z;wad em)d:fMD�srzsnl:aopyun 2m7�- � . 2017 pair!." .._. _..7 .— ➢ansa 34 .... ... 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Lasarht fie VJebL'ink Home Browse, Search ~ I r l : r I Ii C�uaomue searchI -Sort resu)Ls Uy, Relevance'v , . —_ I1 Records Manager:�nt Search 7018 F47d mm� - ,:':� Board Actions-83 page(s) . ..•�I choose Oe1J �',`. ..`i Page count•.83 Temp)ate name:Board Actions - 1 Page 3...:Colin and Kristen Cashel PROPERTY LOCATION:162 Lower.Shingle HIIL Fshei_ Page 4...19,2017#7016,Cashel SCTM No.10009.1-26 mina us approval to remo_. . 'I Page 5—y 19,2017 n7016,GshA SCTM'No.10009-1-26 GRANT the—lan{es as_. 'i S—ch scans - Page 9,..COLIN&KRISTEN CASll%5ECr[ON 009 BLOC.. , Page 20...Thomas Ahlgten(CosheIL PO Box 342 Flshers lsla6d.NY w .I .1 1�show more information... , 7018. - j Board Actions-S6 page(s) Page count 56 Template name:Board'Actlons PW.48,-9:30A.Rti{OLINCASNELANDVarlancesunder AidcleldSecliciANN_ .. . . �•,� Pag'48...ance(5)KRISTEN fJISHELE70f6{YequestpioMedtrelllslocatedlnotheltha_ l L show more informatlort__ Above:Shows you files that can be found using a phrase, name or title. 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ZBA-0.3/04/29/7' 7? atye 30?217 Agenda apa , ZBA .._... .. .. .,° -CI _._._. ... ....__.. .._.._._ ._...__ ._ :` • ZBA-03101212017 HeaAn - .. .. _. ._65 ....__... 28A-03/1412017 agenda Q ZBA 03/762017 Speda] .9 ._.•.•..•....•.,.-...,. . i ZBA-0a/O6R017 Ajo nd a .............__..._..._..._..._ _�__. ..__._..�__._-. . 'if; %;c. ;ZfiAONWR017 Headiig.. 45 Above Agendas;Minutes.and Transcripts are in chronological order. Revised 6/15/2020 1 i4u' TI �. E vF HEAR1 ,4G The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road , Southold : ' 'he application will also be available VIA ZOOM WEBINAR- Follow linkmhttp://southoldtownny.gov/calendar NAME : BAY BEACH , LLC #7609 SCTM # 0. 1 000-56-5-35 1",'FARIANCEN LOT COVERAGE REQUEST : CONSTRUCT AN ACCESSORY IN- GROUND SWIMMING POOL DATE : THURS. , APRIL 7 , 202 :2 1010 AM You may review the file(s) on the town 's website under Town RecordslWeblink: ZBAIBoard Actions/Pending. ZBA Office Telephone (631 ) 765-1809 F' TOWN OF SOUTHOLD � `''� Rec" L-L-C_ ZONING BOARD OF APPEALS Appeal No. 4 v DSI SOUTHOLD,NEW YORK AFFIDAVIT;. . OF In'the Matter of the.Application of MAILINGS' Bay Beach LLC r.. (Name;of Apptieant/Owner) 1055 Bay Home Road., Souftho-ld„ ' Sc TIVI No 1000 ::5 "5° - . 6 35 V (Address of Property) (Section. Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK Owner, ( X )Agent Robert E. .Herrmann resdng.at.En-Consultants, 1319 North Sea Road, Southmapton New Yorl, being.duly sworn, deposes and says that: On;the . ..j7th dayof March , 20 2?�Ipersonally mailed ti the LFmted` : States Past flffee.in Southampton ,New York,-by CERTIFIED MAIL, RET3I2N:RECEIPT REQUESTED:, a true copy of the attached L6gai I�Totice:ir : Prepaid envelopes addressed to current property.owners shawn.on the current-.assess hent roll Verf ed from the official records.on file with:the.( Assessors,ox_( ).County Real Pr erty Office,.for every property which:abuts;and is across a public or_private street, or. vehicular right-of way of record, surrounding the applicant's property. (Signature) Sworn to before me this 18th. y of March , 20 22 KIM H . STEPHENS . NOTARY P U 9 L I C STATE OF NEW YORK COMMISSION NO . 5015931 taryPublfcy QUALIFIED IN SUFFOLK COUNTY EXPIRES AU DUST 2 , 20a,S PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next -to-the-e-weer-na=s-and-addr-esses-fogwhich-notices-wereana.iled_ --------- ------ -- All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. Postal Postal CERTIFIED o RECEIPT CERTIFIED MAIL@ RECEIPT m Domestic Mail Only N. Domestic ICI A L -"i s .A Certified Mail Fee �� Certified Mail Fee o`1.A( f7 j, Er ir Extra Services&Fees(checkbox,add fee as appropriate)i M„I 1 20LL Extra Services&Fees(check box,add fee as appropri ted / \ ❑Return Receipt(hardcopy) $ , )”( L 22 � ❑Return Receipt(haMwPY)ru \\ /1 r O ❑Returq Receipt(electronic) $ Postmark O ❑Return Receipt(electronic) $ IAp 7 PQi LS�tgflrfr ll ❑Certified Mail RestridedDelivery $ ;Fiera p ❑CertigedMail RestridedDelivery $ ( k'IfilI / fa. r vvv C3 ❑Adult Signature Required $ :v7 `q �Lj L7 ❑Adult signature Required' $' t / ❑Adult Signature Restricted Delivery$ •��,$•-v5 []Adult Signature Restricted Delivery C3 Postage 1 Postage` 68-U5 f- Total------ _ --�I I r-rLj Total Postage - —�-- j $ Willow Point Association,Inc. ,� $ Robert Baiz I r"9 Sent ru Sent To ru c/o Sandra Erickson N o Eric Baiz C $ties �i�eeiandapt, 3130 N Delaware Street N 1920 Anthony Avenue,#1 _ _ UNT Bronx,NY 10457 Indianapolis,IN 46205-3919 ' I crry,�iaie;:zi� , Postal U.S. Postal . j o . CERTIFIED o Domestic m Domestic Mail OWY r=1 Certified Mail Fee S �j -0 Certified Mail Fee Q' $ ���` � I' .J] $ `v{ Extta ervices&Fees(checkbox,add Issas appropdaer , Extra Services&Fees(checkbox,add fee as appropriate) 0� � ' ❑Return Receipt(hardcopy) - $ f7J` ❑Return Receipt(hardcopy) $ Lj ru, , ❑Return Receipt(electronic) $ yr i Postmark-1- V/ ❑Return Receipt(electronic) $ A/ ,{ PDSIRIark ❑Certified Mail Restricted Delivery $ OA 1 1 ,7 2 Ne' 3 r ❑Certified Mall Restricted Delivery $ i' rvJ;-'R Helen- -� I ��- t]gtlult Signature Required $, ' it r []Adult Signature Required $ l �0'� ^f. []Adult Signature Restricted Delivery$ E. ❑AdultSignatureRestrictedDelivery$ C3 Postage C O Postage ,?R }) fl l $ — — -- - 6 _L >Q -Lis?$ ru Total Pc ru Total Post •,a, ,- Steve&Marica Donadic $ ent To Iru - Sent To DEKKA LLC Plandome Manor ti -- ---- C3 srieeiand 180 Bayview Road '- Sveeia PO Box 726 Manhasset NY 11030 --'- Southold NY 11976 --------- Ciry,�"take. , - I - Postal 1CERTIFIED MAILP RECEIPT C3 CERTIFIEDWAV RECEIPT . I m Domestic Domestic nly �- For delivery information,visit our website,at wwvv.usps.corn0. E O F .0 9 L -M CeCertified Mail Fee rtified Mail Fee l (1!k�v �y• +t '1.,�i Extra Services&Fees(checkbox,add tee es appropdate 1- Extfa;Services&Fees(checkbox,add fee as appropriate) y r ❑ lJ �� Return Receipt(hardcopy) $ N ❑Return Receipt(hardcopy) $ Postmark Z ru p ❑Return Receipt(electronic) $ Polsh7�ark - t ❑Return Receipt(electronic) $ MAN -•� ( MAR. P4�Ai� i 110r 7f r� r 0 ❑Certfied Mall Restricted Delivery $ MAR 17. Flare, r .❑Certified Mail Restricted Delivery. $ c2022 ( [, [I Adult Signature Required $ t O []Adult Signature Required $ Adult Signature Restricted Delivery$ j []Adult Signature Restricted Delivery$ ❑ 3 'wM PorListage ti / i. ...- Postage -- - - - - ,��cSY�t rLj Total -- �',�$rU�e (U LSennt $ Frank&Davorka Antolos Illi Sent' Eric Baiz ti3130 N Delaware Street '""""" PO Box 1761 " ---- a L Southold,NY 11971 ........... --- -- Indianapolis, IN 46205-3919 ----------- U.S Postal ServiceTm 0 RECEIPT r=1 CERTIFIED MAIL ,. OnlY 1 � I .0 Certified M211ee Er Extra Services&Fees(checkbox,add lee as appropriate) F7.1 ❑Return Receipt(hardcoPY) $ a(�JJ C3 ❑Return Receipt(electronic) $ _ LL') Postmark 7 I r Certified Mail Restricted Delivery $ MAR r 2022 3 []Adult Signature Required $' ) []Adult Signature Restricted Delivery$ O Postage ej $ I Ill NTotal Po Sent To John P. Gregory Trust o --------1 2865 SE Dune Drive -"- Street at Stuart,FL 34996 - - City Sia • rE THIS SECTION0TION ON ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X , ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the;mailpiece, B. Received, y( nn a C. Date of Delivery ti or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes If YES,enter delivery address below: ❑No I Willow Point Association, Inc. C/o Sandra Erickson 3. Service Type ❑Priority Mail Expresso 1920 Anthony Avenue,#1 ❑Adult Signature ❑Registered MaiITM ❑,Adult Signature Restricted Delivery ❑Registered Mail Restricted Bronx, NY 10457 Certified Mail® Delivery ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM -- ❑Collect on Delivery 13Signature Confirmation -- - _n-('M ,t-on.Delivery Restricted Delivery Restricted Delivery 7021 2720 0002 6961 4478 II Restricted Delivery 1-toverzow)J PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt SECTIONSENDER: COMPLETE THIS ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee, ■-Attach this card to the back of the mailpiece, B• Re ' (e n d Name) C. ate o Delivery or on the front if space permits. 1. Article Addressed to: D. Is 11v ss different from item ❑ es If YES,enter delivery address below: No John P. Gregory Trust 2865 SE Dune Drive 3. Service Type ❑Priority Mail Express(D ❑Adult Signature ❑Registered MaiITM Stuart, FL 34996 ❑Mult Signature Restricted Delivery ❑Registered Mail Restricted Certified Mal® Delivery ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM — - —-- ❑Collect on Delivery ❑Signature Confirmation ^-" -�--�T^^^;^•-s�^�-tee,r e.t�t,an-_ _— 0 Collect on Delivery Restricted Delivery Restricted Delivery 7021 2720 0002 6961 4461 i Mail Restricted Delivery _.1500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETE •N COMPLETE THIS SECTIONON ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. 1 ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. f; 1. Article Addressed to: D. Is delivery address different fror6'item,14'I,❑Yes If YES,enter delivery;address below. -,p No �t AR 2� y n. ice•...... -,~r;\Q�i Frank&Davorka Antolos arc? PO Box 1761 3. Service Type ❑Priority Mail Express@ Southold NY 11971 ❑Adult Signature ❑Registered MaiITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑Certified Mail® Delivery h ❑Certified Mail Restricted Delivery ❑Signature ConfirmationM _- - — ❑Collect on Delivery '❑Signature Confirmation 2. Article.Numhar rr.^^r s. _ ___.,_-•-•- -- livery Restricted Delivery RestrictedDelivery t021 €272;0` 00;02 i {,961::41416 i f , c E_:,E c iiis =i" „�3esfricted f)eliverq_ (over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETE •N COMPLETE THIS,SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. Signatu ■ Print your name and address on the reverse X - ❑Agent so that we can return the card to you. M5 ❑Addressee E"Attach this card to the back of the mailpiece, B. R cei rioted Name) C Date of Delivery •r,� SII or on the front if space permits. l j 2 f•• " 1. Article Addressed to: D. Is delivery address diffelent from item t7 '0`X If YES,enter delivery,addr&'s below: ` ❑No DEKKA LLC PO Box 726 3. Service Typer� p'Priority Mail Express® ElAdult Signature ;_ �_y`O Registered MaiITM Southold,NY 11976 ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ertified Mail® _ Delivery ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM -- ❑Collect on Delivery ❑Signature Confirmation ",.__.,.._�_.. r____r__.r______-- • -••- - - -- -- --"-'-)n Delivery Restricted Delivery Restricted Delivery 70:21 2.72--0'10002 =6'961 :444- : . :mail. (Aa11 Restricted gelivery - -- - - - - -- - --- ---I- -(6-ver$500) .. nn4 4 PUBLIC NOTICE MAILING A for BAY BEACH LLC 1055 BAY HOME ROAD SOUTHOLD,NY SCTM#1000-56-5-35 SCTM#1000-56-5-42.1 Willow Point Association, Inc. c/o Sandra Erickson 1920 Anthony Avenue, #1 Bronx, NY 10457 SCTM#1000-56-5-32 & 37 Steven&Marica Donadic Plandome Manor 180 Bayview Road Manhasset, NY 11030 SCTM#1000-56-5-34 Frank &Davorka Antolos PO Box 1761 Southold,NY 11971 SCTM#1000-56-5-36 John P. Gregory Trust 2865 SE Dune Drive Stuart, FL 34996 SCTM#1000-56-5-1.2 Robert Baiz Eric Baiz 3130 N Delaware Street Indianapolis, IN 46205-3919 SCTM#1000-56-5-1.3 DEKKA LLC PO Box 726 Southold, NY 11971 SCTM#1000-56-5-2 Robert Baiz 3130 N Delaware Street Indianapolis, IN 46205-3919 oY.roP�. ,.r'S�.F� i4'.'•a r. its SENDdJOMPLETE . THIS SECTION A. Signa �ent + ■ Complete items 1,2,and 3. ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Re eived (PrintedName) C. Date of Delivery ■-Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes If YES,enter delivery addresetq � ❑No � Steve&Marica Donadic w_ _ _ �=' _ : _ Plandome Manor3 .� cion ;Mail Express@ . Service Type $ ey( ered MalIT"' 180 Bayview Road ❑Adult Signature ❑ Iertit Signature Restricted Delivery Registered Mall Restricted Delivery Manhasset,NY 11030 vv J [3 Certified Mail Restricted Delivery E3 Signature ConfirmationT"' ❑Collect on Delivery E3Signature Confirmation -)n'EellveryRestrlclediDelideryl Restricted Delivery 7 0 21 :.2'7 210::0 all 2 ` 6 9 E61 `4`4 5 4 i* `I MSI Restricted Delivery —�_— —(over$500) - Domestic Return Receipt PS Form 3811,July 2020 PSN 7530-02-000_9053 _- --- SECTIONDELIVERY SECTIONSENDER: COMPLETE THIS ■ Complete items 1,2,and 3. A Sig atu a /� f � ❑Age t ■ Print your name and address on the reverse X (� ddressee so that we can return the card to you. B. Received by(Pr d Name) C. Date f Deli ery ■ Attach this card to the back of the mailpiece, I,..- � � _z_ / ZZ or on the front if space permits. 1. Article Addressed to: D. Is delivery address differe om item 17 ❑Yes If YES,enter deli ��;� ❑No O 0 a: Eric Baiz 3. Service T ❑Priori M ' press@ 3130 N Delaware Street ❑Adult Signal ❑Re 'ter 'ITM Indianapolis,IN 46205-3919 ❑6l�ddultSignatu Restricted Delivery ❑ ist ail Restricted p�Certified Mail@ eliv ❑Certified Mail Res elivery ❑S nit ConfirmatlonT" ❑Collect on Delivery �� ureConiirmation "—'n Delivery Restn i stricted Delivery .4430 '; hail ' ' { p!D 0 21696-3, i€ hail Restricted Delivery' 7102 :?7 -- (wer$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 — Domestic Return Receipt COMPLETE THI,5 SECTION,ON DELIVERY SENDER: COMPLETE ■ Complete items 1,2,and 3. A. Signature ❑Age t ■ Print your name and address on the reverse ddre X ssee so that we can return the card to you. ■-Attach this card to the back of the mailpiece, B• Received b rinte C. Date of De*very P or on the front if space permits. .✓"�L d��! 3 )c *)--I 1. Article Addressed to: D. Is delivery dr s diff %ite ❑Yes If YES, er delivery address be No ------ --— -- ! `�j (r Robert Baiz Eric Baiz 3. Service Typ i / ❑Prio ail Express@ 3130 N Delaware Street ❑Adult Signature Y �1 Re ' ered MaIITM ❑5dult Signature Res d l�Il �N istered Mail Restricted Indianapolis, IN 46205-3919 ertified Mal@ elivery ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM - ❑Collect on Delivery ❑Signature Confirmation 2 --.❑:Collect an;Delivery;RestiiotedDelivery !Restricted Delivery •7 0 21 �27 2'0 O 0 0 2 6`9 6'1 i 4 4 23 i ` Restricted Delivery `PS Form 3811,July 2020 PSN 7530_02-000-9053 -- _ — Domestic Return Redeipt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS �'�' �-�-C SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING Bay Beach LLC (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK. I, Robert E. Herrmann fR56&R9DBA En-Consultants, 1319 North Sea Road Southampton ,New York, being duly sworn, depose and say that: I am the ( ) Owner or(X)Agent for owner of the subject property On the 25th day of March ,'20 22, I personally placed the Town's Official Poster on subject property located at: 1055 Bay Home Road, Southold; SCTM #1000-56-5-35 The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition,the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing of , April 7, 2022 (Owner/Agent. ignature) Sworn to before me this 28th Day of March , 20 22 (Notary ublic) KIM H , STEPHEN S NOTARY PUBLIC STATE OF NEW YORK COMMISSION N0 . 5015931 DiIDAILIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 1 , 20-c2( --- 1 •r• - f BAY BEACH LLC 1 1055 BAY O1, ROAD. 1 ., a „ . ?o;•�1 I l �. SCTM#1000-56-5-35 1 / 3 ° BOARD MEMBERS J Southold Town Hall Leslie Kanes Weisman,Chairperson SO 53095 Main Road• P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Aa Office Location: Eric Dantes ntes Town Annex/First Floor, Robert Lehnert,Jr. �pQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento ycou Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD November 19, 2021 Tel.(631) 765-1809•Fax(631)765-9064 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #: 7609 Owner/Applicant: Bay Beach LLC Action Requested: construct an accessory inground swimming pool Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land (X) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: Encls. Survey/Site Plan: Young & Young dated October 19,2021 BOARD MEMBERS ®f S®(/r Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 sy®�® 53095 Main Road•P.O.Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor, � ® �® 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��'r®uw Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD April 25, 2022 Tel,(631) 765-1809 -Fax (631)765-9064 Robert Herrmann En-Consultants 1319 North Sea Road Southampton,NY 11968 RE: Appeal No. 7609 Bay Beach, LLC, 1055 Bay Home Road, Southold SCTM No. 1000-56-5-35 Dear Mr. Herrmann; Transmitted for your records is a copy of the Board's April 21, 2022 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration,grant an extension not to exceed three(3) consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals If you have any questions, please don't hesitate to contact our office. Sincerely, Kim E. Fuentes Board Assistant Encl. cc: Building Dept. SEE SEC NO.052 /, r J j MATCH.. �i� ►�D�� 5��� 5 45 5A (COUNTY'OF SUFFOLK --3 DEVELOPMENT RIGi.TS) s is$ .E (COUNT)'OF SUFFOLK . ,EVE1.OFMENT RIrHT,,1 _5 . 5.1 ..JJJ 'r Y_26� 6K A COUNTY OF SUFFOLKgS .. — • T.OA IN 11.16 : 110 f 3 6A (COUNTY OF SUFFOLK ' DEVELOPMENT RIGHTS( _ r 5� 5 3(o 1b4 T. 2, y` < 6.3A t Y (COUNTYOFSUFFOLh , '•� P g•y¢�.:' .lp' A f r DEVELOPMENT R GHTS) 4 1 1.4A(C) * +� 11.10 11.6' .11.12. 10 9A (COUNTYOFSUFFOLK . + ✓y•.., N5 0l ,,` �° F DEVELOPMENTR13HTS) �. 11.2 aT� �t'yrTp 'A 10 •�1b 1.7A(C) v * Po 0'_. Q y O �.';'o 1.2 2.3A(c) o.^'c,.. 12., - _ 13 COUNTY ,. C 20.9A(c) dY¢. 10A(c),e.' 4y, ,,s�, �.,, ♦�R:/��'Zae, OF SUFFOLK, TOWN OF SOUTHOLD JQ yt ,s ` ✓ p0 �X* 43 Budd's Pond 10A, O,aaeaw+ren lural 4 m 4" 44 .5.,. as 17 h it O� 'b t` Ij• Po9�'_ -�(�'v '�,. �''V,1g• '°o ';,� & ab S 16a Y- ascFn .,,. p I 15 - _ '� ,!!P ^w ' °'' :�';.,•' moo°§ bs 5 1 oorr ,' t pv ` 2e 5 2.SA(y _ .. $ aw. JM wg 1,�A•. / �O�' F rot n,, a G•' 26 q z Lp.F b S +P ON I✓ :y ?3 s uzl& 25 4' 6 F� \,� x S� ,y q �' 8 4p.i4, 22.3A(c) N 16 1 r ,.ilt lq M.;1.. T". •� 44 L P ��,f ` It• 'moi. 19' 17. Vii•. �'s• •..� $� B FOR PCL NO. Xe• �' . NO SEE SEC. . +. 066-03-015 ri - 1A y 4 .MUNE r�r �5 ,� _� MATCH LINE.. CL No, SEE SEC.NO.066 - EC.NO. N '18 Ye?.... '' 1065 r C n .. X. COUNTY OF SUFFOLK r N NOTI —ZZ— �...N.. 121AW-21A (". Keal YTr2pert3''1'ax Service Agency hISTRIB TION OF AN ——————- rs.r.r+... 12.1 N,,` W DISTRIBUTION Cf AN 300 C-1-Ia AVv/0tr h—t T 1190/ SUFFOLK COUNTY T (21) anwa�+•w: .Y f'?y'. q,'7Y .�+ -rn o .6o WITHOUT WRRTEN RE4L VitOPF.HfV TA