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HomeMy WebLinkAbout7674 IF 15ufj&( ,v' a" Oq vr de(44,- 4tpy��`,pgrgg �'/w����r y`J`��tr(y, SC ��""� r�l�+ — 5i Ali lot Owner: 465 Brown St Gport LLC File #': 7674 Address: 465 Brown St �� J Code: 18RL Agent Info Patricia Moore 51020 Main Rd. Southold, NY 11971 Phone: Fax: 631-765-4643 Email: i N b 4-Avul � N� }z OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex *0 SUUT�o P.O. Box 1179 54375 State Road Route 25 O l0 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY Telephone: 631 765-1809 �pQ http://southoldtownny.gov COUNTV RECEIVED ZONING BOARD OF APPEALS Town of Southold J`A 1 0 2023 U� Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 15, 2022 ZBA FILE: 7674 (AMENDED JANUARY 5,2023) NAME OF APPLICANT: 465 Brown St Greenport, LLC and 711 Linet Street Greenport, LLC PROPERTY LOCATION: 465 Brown Street, Greenport,NY SCTM No. 1000-48-3-20.1 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 May 10,2022, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. TOWN OF SOUTHOLD PLANNING BOARD: The application was referred to the Southold Town Planning Board for comment. In a memorandum dated August 29, 2022, the Planning Board states that although the degree of variance is substantial, the buildings on the lot already exist through prior Zoning Board relief, and that the degree of density will not change the character of the neighborhood as the surrounding lots are of similar sizes. This would also include mitigating the sanitary issues,by connecting to the village sewer or upgrading the septic systems of both lots to a new Innovative Advanced (I/A) system approved by the Suffolk County Department of Health Services. The Planning Board recommends amending the original variance so that a third single family dwelling is not an option. PROPERTY FACTS/DESCRIPTION: The subject property is a 22, 524 sq. ft. non-conforming parcel in a Residential R-40 district. The property has a 100.00 feet frontage along Brown Street, then turns north for 225.26 feet to a frontage along Linnet Street of 100.00 feet, then returns south 225. 22 feet back to Brown Street. The property is improved with a one-story two-i family dwelling(mis-labeled on the survey as multi-family)fronting on Brown Street and a two-story single family dwelling fronting on Linnet Street on this through lot with two street frontages. BASIS OF APPLICATION: Request for Variances under Article III, Section 280-14; Article XXIII, Section 280- 124; and the Building Inspector's April 26, 2022 Notice of Disapproval based on an application for a two lot residential subdivision, at: 1)both lots having less than the code required minimum lot size of 40,000 square feet; 2) Page 2,September 15,2022,Amended January 5,2023 97674,465 Brown Street SCTM No 1000-48-3-20.1 both lots having less than the code required lot width of 150 feet, 3)both lots having less than the code required lot depth of 175 feet; 4) proposed lot #2 less than the code required minimum front yard setback of 40 feet at: 465 Brown Street, Greenport,NY. SCTM#1000-48-3-20.1. RELIEF REQUESTED: The applicant requests the following variances in order to subdivide an existing parcel into two non-conforming lots: 1. Create a parcel(lot 1)with a lot area of 11,293 sq.ft.where 40,000 minimum square feet is required by code, a lot width of 100 feet where 150 feet minimum is required, and a lot depth of 112.5 feet where a minimum of 175 feet is required. 2. Create a parcel (lot 2)with a lot area of 11,231 sq. ft. where a minimum of 40, 000 is required, a lot width of 100 feet where a minimum of 150 feet is required,and a lot depth of 112.5 feet where 175 feet is required. 3. To maintain an existing single-family dwelling on proposed Lot 2 fronting on Linnet Street with a front yard setback of 14.5 feet where a 40 feet minimum front yard setback is required. ADDITIONAL INFORMATION: According to prior variance relief#3303 dated February 20, 1985 and testimony by the applicant's agent, the property has been legally developed with three dwelling units (one single family dwelling and one two-family dwelling)since 1985. During the public hearing, neighbors testified that they believe the two dwellings may share a common sanitary system which is a hookup to Greenport Sewer System through an easement from one dwelling within the sewer district to the other which may not be in the sewer district.No confirmation of the sanitary hookups or onsite septic for either dwelling was submitted. Neighbors also expressed opposition to the subdivision due to concerns over rentals and future upgrades to and expansion in size of the existing dwellings by the landlord/property owner. AMENDED ADDITIONAL INFORMATION: Originally granted on September 15,2022. Ina letter dated December 15,2022,the applicant's attorney, on behalf of her client, requested that the Board amend conditions of approval number 4 and 5. In her letter she stated that the application was filed with the Suffolk County Department of Health Services Office of Wastewater Management(SCDHS) and the applicant was advised that these two conditions were not acceptable. Furthermore,the Board was also informed that these two conditions, both related to onsite sanitation/sewage, are not allowed by the Village of Greenport. Based upon this new information, at the January 5,2023 Regular Meeting the Board members voted unanimously to strike these two conditions from the original decision. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 1,2022 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 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existing lot was granted variance relief for three dwelling units in a past ZBA decision which cleansed up the property that originally had existing non-habitable dwellings and trailers. The requested subdivision relief would make the existing parcel more conforming to the code and the surrounding neighborhood properties, and, although each of the two lots would have non-conforming lot areas,they would be comparable in size or larger than other lots in the immediate neighborhood. Moreover, no additional residential density would result. Therefore,no undesirable change in the character of the neighborhood will occur. Page 3,September 15,2022,Amended January 5,2023 #7674,465 Brown Street SCTM No 1000-48-3-20.1 2. Town Law 4267-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 proposal requires that relief be granted to create non- conforming lots which are consistent with the lots in the neighborhood. 3. Town Law 4267-b(3)(b)(3). The variances granted herein is mathematically substantial, with an overall relief representing approximately 73% relief from the code for the creation of the substandard lot sizes. However, the resulting parcels will not be smaller than existing neighboring parcels, and in some cases, they will be larger than other existing parcels in the neighborhood. Land use density will not be increased due to this subdivision. The relief for the front yard setback of the existing dwelling is mathematically substantial at 63.75% relief. However, that setback was legally established by a prior ZBA decision and no changes are proposed 4. Town Law 4267-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 the conditions of approval imposed herein. 5. Town Law 4267-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 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a property subdivision 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 267-13,motion was offered by Member Lehnert, seconded by Member Acampora,and duly carried, to GRANT the variances as applied for,and shown on the survey by Kenneth Woychuk,Land Surveying,dated revised May 4,2022. SUBJECT TO THE FOLLOWING CONDITIONS: (Amended Conditions January 5,2023,delete nos.4 and 5) 1. The existing dwelling on Lot 1 shall remain a two-family dwelling and shall never contain more than two dwelling units 2. In the event that the two-family dwelling on lot 1 is demolished or in need of such major repairs as to constitute a demolition per Town Code definition, the CO for a two-family dwelling shall be extinguished and only one single family dwelling shall be permitted on lot 1 in conformance with Town Code. 3. The applicant shall submit to the ZBA and Planning Board a corrected survey depicting the one-story building on Lot I as a two-family dwelling and NOT a multi-family dwelling. 4. The dwellings en both lots! and 2 shall be sen,ieed by separate sa-nitwy systems, whieh fney be either-neA Health SeFviees or-by hook tip to the Gr-eenpeFt Village Sewer Distfiet or-a eembinatien of both,with pFe4 ef heek tip and/or-Health Department appr-eval submit4ed to this Board within three yeaFs ffem the date e this eeisien, Page 4, September 15,2022,'Amended January 5,2023 #7674,465 Brown Street SCTM No 1000-48-3-20.1 6. Final Revised signed and stamped surveys of both separate lots shall be submitted to this Board, showing the one-story building fronting on Brown Street as a two-family dwelling,the two-story building fronting on Linnet Street as a single-family dwelling,and the location and type of sanitary system on each lot. 7. The applicant shall receive subdivision approval from the Southold Town Planning Board. Failure to do so with render this decision null and void. 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. IMPORTANT TIME LIMITS ON THIS APPROVAL 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 note 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) Leslie Kanes Weisman, Chairperson Approved for filing l / /2023 S.C.T.M. NO. DISTRICT: 1000 SECTION: 48 BLOCK: 3 LOT(S):20.1 U.P. LINNET STREET EDGE OF PAVEMENT U.P.0 MON.S 82046'10"E 100.00, MON w —' W.M. CONC. LO 100.00' 16 STOOP 0. 0 68.9' :::::2o.s '.:::;:: E" a4 2'STY LOT 38 W N = :DWELLING`•;; o N _� N•:::::::....... Qd LO N _ p o M.H. 10.8 Z LOT 36 CONC. STOOP o Y z N z .-. z r, 2 0.3'W v eY `� X— CONC. SLAB o LOT 61 SET LOT 60 I LOT 59 U j 1.1'W MON. N 83006'30"W 100.00' 0 LOT 34 0.6'W g' STOCKAD LOT 24 LOT 26 LOT 28 z Ld _ N REAAR `} of wA®` Soo 0 3'S 00 14v 0.3'E io CONC. I W O/L GATE STOOP =' N N LOT 32 N qTO :: :........ L. :;:DWELLING•:::<ri::`::; ':'::: .:?. CONC. 14.2' stoop w W 6.3' of•::':::24.1':::::::: :::::::::::':::::::::::::::::' 124 COVERED `^ STOOP ::::............. m �Q28.5'•......i:•..j .. T� o CONC. A �1 o STOOP w 2 I LOT 30 E" 0 O LOQ. MON. � o0. :E a. 100.00' iv N 82044'30"W 100.00, ° = r N. DRAIN W.M. N EDGE OF PAVEMENT BROWN STREET I FINAL MAP REVIEWED BY ZBA HYD. DECISION# -7 G-7 DATED: o BROWN & LINNET at— STANDARD SUBDIVISION NON—CONFORMING LOTS REVISED 08-05-23 LESS THAN 20,00 S.F. THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LOT 1: 11,293 S.F. or 0.26 ACRES FRONT YARD: 35' MIN LOCATIONS SHOWN ARE FROM FIELD OBSERVA77ONS LOT 2: 11,231 S.F. or 0.26 ACRES SIDE YARD: 10'MIN, 25' TOTAL AND OR DATA OBTAINED FROM 07HERS AREA: 22,524 SQ.FT. or 0.52 ACRES REAR YARD: 35' MIN ELEVATION DATUM: ---- ________ UNAU77-IORIZED ALTERATION OR ADD177ON TO THIS SURVEY IS A VIOLAT70N OF SEC77ON 7209 OF THE NEW YORK STATE EDUCA77ON LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 77TLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TUT70N LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC77ON OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 77ME OF SURVEY SURVEY OF: LOTS 26,28,59 & 60 INCL. CERTIFIED TO: JAMES OLINKIEWICZ; EMILY REEVE, MAP OF: GREENPORT DRIVING PARK 465 BROWN ST GREENPORT LLC; FILED: DEC. 1, 1909 No.369 711 LINNET ST GREENPORT LLC; STEWART TITLE INSURANCE COMPANY, SITUATED AT: GREENPORT A&D MORTGAGE LLC ISAOA/ATIMA; TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design P.O. Box 153 Aquebogue, New York 11931 FILE #221-185 SCALE:1"=,30' DATE: SEPT 18, 2021 PHONE (631)298-1588 FAX (631) 298-1588 N.Y.S. LISC. NO. 050882 maintaining the records of Robert J. Hennessy & Kenneth M. Woychuk BOARD MEMBERS � Town Hall Annex Leslie Kanes Weisman,Chairperson ®�. ®� 53095 Route 25,Main Road Patricia Acampora �� �� P.O.Box 1179 Eric Dantes Southold,NY 11971 Robert Lehnert,Jr. ® Telephone(631)765-1809 Nicholas Planamento 'f°,' I http://southoldtownny.gov ZONING BOARD OFiAPPEALS TOWN OF SOUTHOLD January 12, 2023 Patricia C. Moore Attorney at Law 51020 Main Road Southold,NY 11971 j RE: ZBA 47674 AMENDED 465 Brown Street Greenport, LLC SCTM No. 1000-48-3-20.1 Dear Mrs. Moore; Transmitted for your records are copies of the Board's January 5, 2023, AMENDED Findings, Deliberations and Determination,the originals of which were filed with the Town Clerk regarding the above variance applications. Please submit two revised signed and stamped surveys of both parcels pursuant to the Conditions of Approval. i 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. Sincere , , Kim E. Fuentes Board Assistant Encl. cc: Building Department Planning Department ..S I PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631) 765-4643 Betsy Perkins Paralegal Jaimie Lengyel Kylee DeFrese December 15, 2022 I Leslie 1Canes Weisman, Chairperson Southold Town Zoning Board of Appeals Town Annex 54375 Main Road, Southold NY 11971 By email only RE: Appeal #7674 Di Minirnis review of a condition OWNER: 465 BROWN STREET GREENPORT LLC PROPERTY ADDRESS: 465 BROWN STREET & 711 LINNET ST., GREENPORT NY SCTM: 1000-48.-3-20.1 Dear Chairperson Weisman: We are in the process of completing the'subdivision of the above parcel and our application to the Health Department is pending. The Health Department has advised the owner that the existing house on Brown Street which is now connected to the sewer line on Linnet Street must remain connected to the sewer on Linnet Street. The connection would be documented by a sewer line easement. The Health Department will not allow either house to connect to a private sanitary system. As you know, the Zoning Board granted the area variances for the improved properties but placed certain conditions on the approval, we have tried to comply with all of the conditions. After the application was filed with the Suffolk County Department of Health Services Office of Wastewater Management (SCDHS) we were advised by SCDHS that condition number 4 and 5 is not acceptable to SCDHS. Moreover, ZBA condition#5, "Any existing sewer easements across one i I lot to the other shall be extinguished so that Moth parcels will have self-contained sanitary systems" is not possible or allowed by the Health Department or the Village of Greenport. We have also inquired and been advised by the Village of Greenport that they do not intend to extend the sewer lines such that continued connection to the sewer could be changed from Linnet Street to Brown Street. I have attached a letter from Sherman Engineering & Consulting P.A. Matthew Sherman, P.E. regarding the SCDHS requirements. In light of the requirements of the Suffolk County Department of Health Services Office of Wastewater Management (SCDHS), which has exclusive jurisdiction over water and sanitary issues, we request a di minimis change to the Board's decision. i We will comply with condition #4, in that the Health Department is requiring that both homes be connected to they Village of Greenport Sewer District sewer line on Linnet Street. However, Condition#5 must be removed, or waived by the Board, so that my client can comply with the SCDHS regulations and complete the subdivision process. Thank you. Very truly yours, Patricia C. Moore PCM cc: John Burke, Town Attorney Ends- , SNP."R`11 \� SHERMAN ENGINEERING &CONSULTING P.A. ,� �! � EA" �' �^) 14 NELMARAVENUE STAUGUSTINE,FL32084 ' J 631.831.3872 November 7, 2022 I Patricia C. Moore, Esq. 51020 Main Road Southold,NY 11971 i Re: 465 Brown Street, Greenport Ms. Moore I I spoke with Steven Churchill, Assistant Public Health Engineer with the Suffolk County Department of Health Services Office of Wastewater Management(SCDHS), about the Town of Southold Zoning Board of Appeals determination regarding the above captioned property. The focus was on the variance conditions 4 and 5 specifying new self-contained IA OWTS or sewer district connections installed without need for easements. Mr. Churchill said that the SCDHS will not approve disconnecting a property or building from a wastewater treatment plant and installing an IA OWTS. The SCDHS would recommend an easement be prepared to allow access across 711 Linnet for a sewer line to serve 465 Brown Street. It is my experience that Mr. Churchill is correct and I am not aware of any project where the SCDHS has allowed a property to disconnect from a sewer. Please contact me if you would like to discuss in greater detail. qVeryy_ s, Sherman,P.E. BOARD MEMBERS ®� SO(/ Southold Town Hall Leslie Kanes Weisman,Chairperson ®�� deg®�® 53095 Main Road• P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. ® a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��eou 11,E Southold,NY 11971 RECEIVED http://southoldtownny.gov $( U 6 W L4q ;+"l ZONING BOARD OF APPEALS S E P 1 9 2022 TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax (631)765-9064 L FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 15, 2022 ZBA FILE: 7674 NAME OF APPLICANT: 465 Brown St Greenport, LLC and 711 Linet Street Greenport, LLC PROPERTY LOCATION: 465 Brown Street, Greenport,NY SCTM No. 1000-48-3-20.1 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 May 10, 2022, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. TOWN OF SOUTHOLD PLANNING BOARD: The application was referred to the Southold Town Planning Board for comment. In a memorandum dated August 29, 2022, the Planning Board states that although the degree of variance is substantial, the buildings on the lot already exist through prior Zoning Board relief, and that the degree of density will not change the character of the neighborhood as the surrounding lots are of similar sizes. This would also include mitigating the sanitary issues,by connecting to the village sewer or upgrading the septic systems of both lots to a new Innovative Advanced (I/A) system approved by the Suffolk County Department of Health Services. The Planning Board recommends amending the original variance so that a third single family dwelling is not an option. PROPERTY FACTS/DESCRIPTION: The subject property is a 22, 524 sq. ft. non-conforming parcel in a Residential R-40 district. The property has a 100.00 feet frontage along Brown Street, then turns north for 225.26 feet to a frontage along Linnet Street of 100.00 feet, then returns south 225. 22 feet back to Brown Street. The property is improved with a one-story two-i family dwelling(mis-labeled on the survey as multi-family)fronting on Brown Street and a two-story single family dwelling fronting on Linnet Street on this through lot with two street frontages. BASIS OF APPLICATION: Request for Variances under Article III, Section 280-14; Article XXIII, Section 280- 124; and the Building Inspector's April 26, 2022 Notice of Disapproval based on an application for a two lot residential subdivision,at: 1)both lots having less than the code required minimum lot size of 40,000 square feet; 2) Page 2, September 15,2022 #7674,465 Brown Street SCTM No 1000-48-3-20.1 both lots having less than the code required lot width of 150 feet, 3) both lots having less than the code required lot depth of 175 feet; 4) proposed lot 42 less than the code required minimum front yard setback of 40 feet at: 465 Brown Street, Greenport,NY. SCTM#1000-48-3-20.1. RELIEF REQUESTED: The applicant requests the following variances in order to subdivide an existing parcel into two non-conforming lots: 1. Create a parcel(lot 1)with a lot area of 11,293 sq. ft.where 40,000 minimum square feet is required by code, a lot width of 100 feet where 150 feet minimum is required, and a lot depth of 112.5 feet where a minimum of 175 feet is required. 2. Create a parcel (lot 2) with a lot area of 11,231 sq. ft. where a minimum of 40, 000 is required, a lot width of 100 feet where a minimum of 150 feet is required,and a lot depth of 112.5 feet where 175 feet is required. 3. To maintain an existing single-family dwelling on proposed Lot 2 fronting on Linnet Street with a front yard setback of 14.5 feet where a 40 feet minimum front yard setback is required. ADDITIONAL INFORMATION: According to prior variance relief#3303 dated February 20, 1985 and testimony by the applicant's agent, the property has been legally developed with three dwelling units (one single family dwelling and one two-family dwelling) since 1985. During the public hearing, neighbors testified that they believe the two dwellings may share a common sanitary system which is a hookup to Greenport Sewer System through an easement from one dwelling within the sewer district to the other which may not be in the sewer district.No confirmation of the sanitary hookups or onsite septic for either dwelling was submitted. Neighbors also expressed opposition to the subdivision due to concerns over rentals and future upgrades to and expansion in size of the existing dwellings by the landlord/property owner. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 1,2022 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 variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existing lot was granted variance relief for three dwelling units in a past ZBA decision which cleansed up the property that originally had existing non-habitable dwellings and trailers. The requested subdivision relief would make the existing parcel more conforming to the code and the surrounding neighborhood properties, and, although each of the two lots would have non-conforming lot areas, they would be comparable in size or larger than other lots in the immediate neighborhood. Moreover, no additional residential density would result. Therefore, no undesirable change in the character of the neighborhood will occur. 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 proposal requires that relief be granted to create non- conforming lots which are consistent with the lots in the neighborhood. 3. Town Law &267-b(3)(b)(3). The variances granted herein is mathematically substantial, with an overall relief representing approximately 73% relief from the code for the creation of the substandard lot sizes. However, the resulting parcels will not be smaller than existing neighboring parcels, and in some cases, they will be larger than other existing parcels in the neighborhood. Land use density will not be increased due to this subdivision. The relief for the front yard setback of the existing dwelling is mathematically substantial at 63.75% relief. However, that setback was legally established by a prior ZBA decision and no changes are proposed Page 3, September 15,2022 97674,465 Brown Street SCTM No 1000-48-3-20.1 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 the conditions of approval imposed herein. 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 §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a property subdivision 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 Lehner, seconded by Member Acampora,and duly carried, to .GRANT the variances as applied for,and shown on the survey by Kenneth Woychuk,Land Surveying,dated revised May 4,2022. SUBJECT TO THE FOLLOWING CONDITIONS: l. The existing dwelling on Lot 1 shall remain a two-family dwelling and shall never contain more than two dwelling units 2. In the event that the two-family dwelling on lot 1 is demolished or in need of such major repairs as to constitute a demolition per Town Code definition, the CO for a two-family dwelling shall be extinguished and only one single family dwelling shall be permitted on lot 1 in conformance with Town Code. 3. The applicant shall submit to the ZBA and Planning Board a corrected survey depicting the one-story building on Lot 1 as a two-family dwelling and NOT a multi-family dwelling. 4. The dwellings on both lotsl and 2 shall be serviced by separate sanitary systems, which may be either new Innovative Advanced IA Wastewater Treatment systems approved by the Suffolk County Department of Health Services or by hook up to the Greenport Village Sewer District or a combination of both, with proof of hook up and/or Health Department approval submitted to this Board within three years from the date of this decision, 5. Any existing sewer easements across one lot to the other shall be extinguished so that both parcels will have self-contained sanitary systems. 6. Final Revised signed and stamped surveys of both separate lots shall be submitted to this Board, showing the one-story building fronting on Brown Street as a two-family dwelling,the two-story building fronting on Linnet Street as a single-family dwelling, and the location and type of sanitay system on each lot. 7. The applicant shall receive subdivision approval from the Southold Town Planning Board. Failure to do so with render this decision null and void. 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. Page 4, September 15,2022 #7674,465 Brown Street SCTM No 1000-48-3-20.1 i 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 auorize 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. IMPORTANT TIME LIMITS ON THIS APPROVAL 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, and Lehnert. This Resolution was duly adopted(4-0) (Member Planamento Abstained) I a4eslieKan/e'-sWeisman, Chairperson Approved for filing / /2022 tA rickr COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Commissioner Economic cm May 10, 2022 Town of Southold Zoning Board of Appeals P.O. Box 1179ts54375 Route 25 Southold,NY 11971 Attn: Leslie K. Weisman, ZBA Chair Subdivision: 465 Brown St. Greenport, LLC Suffolk County Tax Map No.: 1000 04800 0300 020001 Suffolk County Planning File No.: S-SD-22-02 Dear Ms. Weisman: Pursuant to the requirements of Section A14-241,Article XIV of the Suffolk County Administrative Code,the above captioned proposed final plat that has been referred to the Suffolk County Planning Commission is,considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Sincerely,! Sarah Lansdale,AICP Director of Planning A? By Christine DeSalvo Theodore R. Klein,Principal Planner TRK/cd Division of Planning and Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)863-5191 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �F �ou P.O. Box 1179 �k 54375 State Route 25 rye Southold, NY 11971 L (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov a� COUNT i PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM a"y _yn To: Leslie Weisman, ZBA Chairperson AUG 3 0 2022 Members of the Zoning Board of Appeals '- ld_ri�r�aUiIQ OF,h�,` 7 From: Donald J. Wilcenski, Planning Board Chairman Members of the Planning Board Date: August 29, 2022 Re: ZBA# 7674, 465 Brown St LLC, Greenport SCTM#1000-48-3-20:i The Planning Board has reviewed your request for comments regarding the above-referenced application and has no objection to the area variance required to allow the property to be subdivided if there can be some mitigation provided in exchange for the benefit of having two separate lots. Typically,this degree of variance for lot area(72%) is not supported by the Planning Board because it is not consistent with the Town Comprehensive Plan. The lot area required in this R- 40 zoning district is 40,000 sq. ft. The proposed lot sizes are less than one third the required size at 11,231 sq. ft and I I,293 sq. ft. In this case the situation is unique in that the dwelling units already exist and were previously granted variances by the Zoning Board to exist legally. The effect of these variances will not significantly change the density. The proposed subdivision does, however, create a significant benefit to the property owner and in light of this, some mitigation for the high density on this property is warranted. If practical, connecting to the Greenport Village Sewer is recommended. If that is not feasible, then replacing the septic systems with the new technology (I/A OWTS) is the next best option. The bays are experiencing harmful algal blooms due to excess nitrogen and standard septic systems are one of the main causes. Replacing the septic systems here with systems that treat and remove significant amounts of nitrogen will mitigate the impacts of the earlier decisions that were made prior to our knowledge about this problem. Page II We also recommend amending the original variance so that a third separate single-family dwelling is not an option. Instead, the two-family dwelling should remain, or if renovated or demolished, allow either a two-family replacement on single-family dwelling to replace it. And consider requiring a covenant that the existing single='Ifamily dwelling cannot be converted to a two-family dwelling in the future. Note that the dwelling shown on the plan on proposed Lot 1 is labeled"Multi Family Dwelling". The Town Code defines Multiple Dwelling as three or more units. This notation should be corrected to "two-family" dwelling as the previous ZBA decision states. Thank you for this opportunity to provide comments. If you have any questions or require additional information, please do not hesitate to contact the Planning Office. cc: John Burke, Assistant Town Attorney �I Page 12 RECET F;!."1 FORM NO.3 MAY�5 22 TOWN OF SOUTHOLD BUILDING DEPARTMENT Zoning Board of Appeals NOTICE OF DISAPPROVAL DATE:April 26,2022 TO: Patricia Moore(465 Brown Street Greenport LLC) 51020 Main Road Southold,NY 11971 Please take notice that your application dated March 23,2022: For a permit:to subdivide a lot at: Location of property: 465 Brown Street,Greenport:NY County Tax Map No. 1000—Section 48 Block 3 Lot 20.1 Is returned herewith and disapproved on the following grounds: The proposed lot subdivision on this nonconfonninr 22,524 sq.ft. lot in the Residential.R-40 District, is not permitted pursuant to.Article III.Section 280-14,which states: No building or premises shall be used and no building or part thereof shall be erected or altered in the R- 40 District unless the same conforms to the requirements of the Bulk Schedule and of the parking Schedule,with the same force and effect as if such regulations were set forth herein in full. Proposed Lot(1)Bulk Schedule reguires:a minimum lot size of 40.000 square feet lot width of 150 feet and lot depth of 175 feet Following the proposed subdivision this.lotwill be non-conforming, measuring 1-1293 sq. &with lot width of 100 feet and lot depth of:l 12.5 feet. In addition Article XXIII Section 280-124 requires a 40'front yard setback for buildings. The survey. . shows'th6 existine dwelling with a front yard setback of 14.5 feet. Proposed Lot(2)Bulk Schedule requires a-minimum.lot size of 40,000 square.feet, lot width of 150.&et and lot depth of 175 feet Followifi the proposed subdivision,this lot will be non-conforming, measuring 11.231 sq ft with lot width of 100 feet and lot depth off 1123 feet. The proposed subdivision requires approval from the Southold Town Planning Board. Author tgnature Note to Applicant:Any change or deviation to the above referenced application,may require further review by the Southold Town Building Department. CC.ZBA,Planning,file APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Fee: $ Filed By: Date Assigned/Assignment No. RECETVr-D Office MAY p 02Z Notes. zoning Board of Appeals i House No. 465 Street Brown Street & Linnet Street Hamlet Greenport SCTM 1000 Section 48 Block_3 Lot(s) 20.1_Lot Size 22,524 Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED April 26, 2022 BASED ON MAP DATED 2-07-22 Applicant(s)/Owner(s):465 Brown St Greenport LLC and 711 Linnet St Greenport LLC, 466 Brown St Greenport LLC, 711 Linnet St Greenport LLC Mailing Address: _P.O. Box 591, 25A South Manantic Road, Shelter Island Heights NY 11965 Telephone:631-765-4330 Fax #: c/o 631-765-4643 Email: pcmoore(a,mooreattys.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Escl. for (X ) Owner, or ( ) Other: RECEIVED MAY 00 2022. Agent's Address: 51020 Main Road Southold NY 1197 Zoning Board of Appeals Telephone_631-765-4330 Fax #: 631-765-4643 Email: pcmoorena,mooreattys.com i Please check box to specify who you wish correspondence to be mailed to, from the above names: _Applicant/Owner(s), or X Authorized Representative, or Other Name/Address below: i WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 2-7-22 and DENIED AN APPLICATION DATED March 23, 2022 FOR: X Building Permit _ Certificate of Occupancy _Pre-Certificate of Occupancy — Change of Use _Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article III Section 280-14 Subsection 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 X Reversal or Other Condition of prior variance A prior appeal X_ has , has not been made at any time with respect to this property, UNDER Appeal No. 3303 Year 2/14/85. (Please be sure to research before completing this question or call our office for assistance.) RECEIVED MAY 0 5 2022 Zoning hoard of Appeals Name of Owner: 465 Brown St. Greenport, LLC et.al ZBA File REASONS FOR APPEAL (additional sheets may be used with preparer=s si nature AREA VARIANCE REASONS. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The property consists of lots 28, 26, 59 and 60 of the 1909 subdivision of Greenport Driving Park. In 1985 the owner applied to the Zoning Board of Appeals to construct a two-family dwelling and retain an existing dwelling on Tax Map parcels 1000-48-03-20, 19, 8 and 9. The parcels were developed with an existing two-story dwelling, two non-habitable dwellings, a mobile home trailer, and, shed. The owner was granted permission to construct three dwelling units (a new 2-family dwelling & renovate and retain the existing 2 story single family dwelling) on the property. The Board found that the approval was not increasing the number of dwellings existing on the property and the two-family dwelling would replace the existing non-habitable single-family dwellings. The property was considered an eye-sore and the ZBA saw that the property was being improved. The two-family home was constructed conforming to zoning setbacks. The ZBA decision (appeal #3303) allowed for up to three dwelling units. The existing two-family dwelling, another separate single-family dwelling which remains on the property today with the option of making the two family as single family and building a third dwelling. There are families occupying the two-family dwelling and the applicant would prefer to keep the two-family dwelling rather than convert the two family dwelling to a one family dwelling in order to build a third dwelling on the property. A third dwelling would increase the density in the neighborhood and increase the degree of the non-conformity. The applicant proposes to subdivide the parcel so that each lot has the existing dwelling on a separate parcel. The existing 2 story dwelling on Linnet Street has a large side yard which was originally shown to be the location for a third dwelling. The existing conditions, while complying with the Zoning Board decision of 1985,would be improved, and made more conforming with two parcels. ° CEIVED MAY 5 2022 Zoning Board of Appea s The lots would remain non-conforming in size; ho is conform to the size of parcels in this neighborhood. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The development of the parcel with a third dwelling unit (the existing 2- family converted to a one family, the existing single family on Linnet Street, and a third dwelling structure) is permitted but prevents a family from owning a house on a separate parcel. The existing conditions have always required one owner to purchase this parcel, as an investment rather than individual homeownership.� The subdivision resulting in one principal structure on a separate parcel will reduce the existing non- conforming development. The parcel would be split into two lots which conform to the size of the lots in this neighborhood, is consistent with the ZBA's prior decision, and is an overall reduction of the existing nonconforming structures on a nonconforming lot. I (3) The amount of relief requested is not substantial because: The Zoning Board granted the development of the parcel with up to three dwellings. The subdivision was anticipated by the Board when the approval for the three dwellings was considered but required formal applications for the subdivision of the parcel. The application in 1985 requested construction of additional dwellings not a request to subdivide the parcel, consequently the subdivision of the parcels was left to another day. The applicant at the time had cleaned up the property but the ZBA retained control over the parcel by requiring a review of a subdivision application (area variance for the split parcels). The property is orderly, occupied and the subdivision will not change the existing conditions of the property. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The subdivision of the two existing homes will reduce a nonconforming condition. The two homes will be situated on their own lot and bring the RE, EIVED MAY 0 5 2022 Zoning Board of Appeals two homes into conformity with the zoning code. I The d3x on linnet Street will conform to side yard setbacks (101) applicable to a lot less than 20,000 square feet. The front yard setback is nonconforming, but ZBA decision #3303 granted approval for the existing dwelling on Linnet Street at 14.51. The two story house remains as it was in 1985. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No. Are there Covenants and Restrictions concerning this land: X No. Yes (please furnish copy). i This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. i Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney: Signature of Appella IF Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this 7- C 7 �c d�— of C jA 20 . otary Publ� BETSY A.PERKINS Notary Public,State of New York No.01PE6130636 Qualified in Suffolk County Commission Expires July 18,2L?� APPLICANT'S PROJECT DESCRIPTI N MAY 0 5 2022 Zoning Board of Appeals APPLICANT: ���✓b G,v� f!-r.��sy�y/!- LC C'.��cr;( DATE P 1.For Demolition of Existing Building Areas Please describe areas being removed: djo. %-t. II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: I Number of Floors and Changes WITH Alterations: i IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: vsts. E-n a.? -S , 10-23 s :i- Proposed increase of building coverage: P►D p ct ,. - ',-n 11 7-9,3 Sr l Square footage of your lot: Percentage of coverage of your lot by building area: %SNvr^A V.Purpose of New Construction: Gj� r� D✓t� � _j�, 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): fivyle 12-- I - -1± 3(65 . 190 9- Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? RECEIVED Yes _ No MAY 0 5 2022 B. Are there any proposals to change or alter land contours? Zoning Board of Appeals _)�_No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? c 2.) Are those areas shown on the survey submitted with this application? N . 3.) Is the property bulk headed between the wetlands area and the upland building area? �J-�- 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? VIA 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? q�l� 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? N� If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? NJ-,3 If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel and the proposed use ,gay- \ ��� N► (ex: existing single falmily,proposed: same with jVrage,pool or other) Authorized signature and Date CORPORATE RESOLUTION RECEI VED OF MAY 10 2022 465 BROWN ST GREENPORT LLC Zoning Board of Appeals AND 711 LINNET ST GREENPORT LLC We,,James P. Olinkiewicz and Emily Reeve, hereby certify that we are the members of 465 BROWN ST GREENPORT LLC and 711 LINNET ST GREENPORT LLC. In that capacity we are empowered, authorized and directed to execute, deliver and accept any and all documents. and.undertake all acts reasonably required or incidenial to accomplish the LLC business. That at a meeting of the Members of the LLC, the members unanimously adopted the following resolution,which has not been modified or rescinded RESOLVED,that the LLC apply to the Town of Southold for a subdivision application regarding real estate known or described as 465 Brown Street, Greenport,New York (sctm: 1.000-48-3-20.1) and authorize the LLC's attorney, Patricia C. Moore to execute any ancillary documents required. 465 BROWN ST GREENPORT LLC 711 LINNET ST GREENPORT LLC BY: BY: / JAMES P. OLINKIEWICZ, MEMBER EMILY REEVE, MEMBER MINUTES OF FIRST MEETING OYMEMBERS OF 711 LINNET ST GREENPORT LLC The first meeting of the Members of the above captioned Limited Liability Company was held on the date,time and at the place set forth in the written Waiver of Notice signed by all the Members,fixing such time and place, and prefixed to the minutes of this meeting. There were present the following: James P. OlhAdewicz Emily Reeve being all the Members. The Members reviewed the following: 1. Copy of the Articles of Organization filed with the Secretary of State 2. The proposed Operating Agreement of the Company 3. The seal proposed for use as the Company seal 4. A specimen of a proposed certificate to represent the ownership of an interest in the Company The Members thereupon unanimously adopted the following resolutions: RESOLVED,that.the Articles of Organization and the Operating Agreement be, and they hereby are, approved,ratified and adopted by the undersigned Members. RESOLVED,that the form of seal submitted to this meeting be,,and it hereby is, approved and adopted as and for the seal of this Company, and that an impression thereof be made on the margin of these minutes. RESOLVED,that the specimen form of certificate annexed hereto be, and it,hereby is, approved and adopted as the certificate representing the shares of this Company. RESOLVED,that the specimen certificate so presented to the meeting be annexed to the minutes thereof. RESOLVED,that the Company issue and deliver to the person upon receipt of the consideration therefor,as identified-in the Company's Books and Records one or more certificates representing the Member's interest in the Company. RESOLVED,that the Company Certificate annexed hereto reflecting the banking arrangements of the Corporation be, and it hereby is, approved and the resolutions set forth therein adopted. There being no-further business to come before the meeting,upon motion duly made, seconded and unanimously carried,the same was adjourned. ATTEST: Qt times P. Olmkiewicz,Member Emily kee e, Member. noA OPERATING AGREEMENT FOR 711 LINNET ST GREENPORT LLC This Agreement, dated September 13, 2021, by and between the undersigned Members, is hereby adopted.as the written Operating Agreement("the Agreement") of 711 Linnet St Greenport LLC ("the Company"), and WHEREAS,this Agreement does not contain provisions inconsistent with the Articles of Organization of the Company, and WHEREAS, the.Members wish to set forth provisions relating to the business of the Company, the conduct of its affairs and the rights, powers, preferences, limitations or responsibilities of its Members, employees or agents, as the case may be, NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the.undersigned agree as follows: ARTICLE I Definitions 1. Words and phrases set forth within this Agreement which relate to the business of the Company or the conduct of its affairs or the rights,powers,preferences, limitations or responsibilities of its Members, employees,or agents, as the case maybe, or to any matter which the Company is required or has done.under mandate of law or the fulfillment of this Agreement,shall be-defined as it has been defined in Section 102 of the New York Limited Liability Company Law("the Act"), as amended and in force from time to time, or in other applicable statutes or rulings. ARTICLE II Formation and Business of the Company 1. The undersigned have authorized the formation of the Company by an organizer who prepared, executed and filed with the New York Secretary of State,the Articles of Organization pursuant to the Act, on the 13th day of September, 2021. 2. The name.of the Company is 711 Linnet St Greenport LLC. The Company may do business under that name and,as permitted by applicable law,under any other name determined from, time to.time by the Members. 3. The initial purpose of the Company is to acquire, develop,manage,lease,finance,.refinance, sell,exchange or otherwise dispose of or deal with interests in,the real estate and improvements,and to do any and all other things necessary,customary,related or incidental. 1 to any of the foregoing. In addition,Company may engage in any other business or activities permitted under New York State law. 4. The principal place of business of the Company shall be located at 28A South Menantic Road, Shelter Island, in the County of Suffolk,New York or such other place as the Members may determine. 5. The Company does not have a Registered Agent. 6. The Secretary of State of New York is designated as agent of the Company,upon whom process against it may be served,and the.post office address to which the Secretary of State shall mail a copy of such process against the Company served upon him is: P.O. Box 591, Shelter Island Heights, New York 11965. 7. The Company has no specific date of dissolution,unless sooner dissolved pursuant to this Agreement or pursuant to the provisions of the Act. ARTICLE III Members I. Unless specifically set forth otherwise in the Articles of Organization or by amendment .thereto,management of the Company, shall be vested in the Members,who shall be subject to all of the rights, duties,privileges and liabilities of Managers, as set forth in the Act.. 2. The names, addresses, and Membership Interests of the Members are set forth in the Books and Records of the Company. .3. No Member shall be personally liable for any debts, obligations or liabilities of the Company or of any other Member, solely by reason of his/her being a Member of the Company, whether such debt arose in contract, tort or otherwise. A member shall have the option to waive such limitation of liability pursuant to Section 609 of the Act and may be legally liable pursuant to other applicable law in his/her capacity as a Member. 4. No Member will be entitled to withdraw any part of his/her Capital Account or to receive any distributions from the Company except as expressly provided in this Agreement. 5. No Member has the right to require partition of the Company's property or to compel any sale or appraisal of the Company's assets or any sale of a deceased Member's interest in the Company's assets,notwithstanding any provisions of law to,the contrary. ARTICLE IV Management of the Company 1. Management of the Company shall be vested in the Members. The Members shall vote in proportion to their Membership Interests in the Company_ Except as otherwise provided in 2 this Agreement, all decisions of the Members shall be by a majority in interest of the Members. No Member will take part in or interfere in any manner with the conduct or control of the business of the Company or have any right or authority to act for or bind the Company except as provided in this Agreement. 1�01� 2. The following management decisions require the consent of at least a majority interest of the Members: A. To admit a person as a.Member; B. To acquire, sell, assign, or otherwise transfer or dispose of any interest in any assets of the Company; C. To create any indebtedness for borrowed money whether or not secured; D. To make, execute or deliver on behalf of the Company any assignment for the benefit Of creditors or any guarantee,,indemnity bond, or surety bond; E. To.obligate the Company as a surety, guarantor or accommodation party to any obligation; F. To confess any judgment on behalf of the;Company; G. To do any act which makes it impossible to carry on the ordinary business of the Company; H. To commence lawsuits and other proceedings-, I. To obligate the Company in any manner for a liability in excess of$10,000; J. To approve the dissolution of the Company; K. To approve the merger of the Company with another limited liability company or any other business entity; L. To adopt, amend,restate or revoke the Articles of Organization, subject to this .Agreement and the Act. M. To file or consent to file a petition for or against the Company under any federal or state bankruptcy,insolvency or reorganization act.. 3. For administrative purposes,the Members may elect one or more Member(s)to have responsibility for the day-to-day management of the Company's affairs which shall be conducted and managed in accordance with this Agreement and the laws of the State of New York. This authority includes the following: A. To collect funds due to the.Company, B. To the extent that-funds of the Company are available therefor,paying debts and obligations of the Company; C. To determine the appropriate accounting method or methods to be used by the Company;. D. To retain accountants,attorneys or other agents to act on behalf of the Company; E. To do and perform all such things and execute, acknowledge and deliver any and all instruments as may be in furtherance of the Company's purposes and necessary and appropriate to the conduct of its business subject to the,provisions of Paragraph 2 of this Article IV. F. To obtain general liability,.property and other insurance for the Company, as the Member deems proper. 3 G. To serve as Tax Matters Member as such term is defined in IRC Section 6231(a)(7). 4. The funds of the Company shall be kept in one or more separate banks accounts in the name of the Company in such banks or other federally insured depositories as may be designated by the Members, or shall otherwise be invested in the name of the Company in such manner and upon such terms and conditions as may be designated by the Members.All withdrawals from any such bank accounts or investments established by a Member hereunder shall be made on such signature or signatures as may be authorized from time to time by the Members. Any account opened by the Members�for the Company shall not be commingled with other funds of the Members or interested persons. 5. Reliance by Other Persons. Any person or entity dealing with the Company, other than a Member,may rely on the authority of any Member in taking any action in the name of the Company, if such Member provides to such Person a copy of the applicable provision of this Agreement and/or the resolution or written consent of the Members granting such authority, certified in writing by such Member to be genuine and correct and not to have been revoked, superseded or otherwise amended. 6. Indemnification.Any person made or threatened to be made a party to an action or proceeding,whether civil or criminal,by reason of the fact that he,his testator or intestate, is, or was a Member, employee or agent of the Company;.or.then serves or has served on behalf of the Company in any capacity at the request of the Company, shall be indemnified by the Company against reasonable expenses,judgments,fines and amounts actually and necessarily incurred in connection with the defense of such action or proceeding or in connection with an appeal.therein,to the fullest extent permissible by the Act. Such right of indemnification shall not be deemed exclusive of any other rights to which such person may be entitled. 7. Liability of Member. So long as a Member elected to have day-to-daymanagement responsibility in accordance with Paragraph 3 of this Article 1V acts in good faith with respect to the conduct of the business and affairs of the Company,no such Member shall be liable or accountable to the Company or to any of the Members, in damages or otherwise, for any error of judgment,for any mistake of fact or of law, or for any other act or thing that be may do or refrain from_doing in connection with the business and affairs of the Company,EXCEPT FOR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OR BREACH OF FIDUCIARY DUTY, and fiirther except for breaches of contractual obligations or agreements between such Member and the Company. 8. The Company shall maintain and make available to the Meni_bers its records to the extent provided in the Act.. 4 ARTICLE V ` Meetings 1. Annual Meeting. The annual meeting of the Members shall be held at such time and place (or by conference call if so determined by the Members) as shall be fixed by the Members for the purpose of the transaction of such business as may come properly before the meeting. 2. Special Meeting. A special meeting of Members, for any purpose or purposes,unless otherwise prescribed by statute,may be called by a Member.Any such request shall state the purpose or purposes of the proposed meeting.Business transacted at any special meeting of Members shall be confined to the purposes set forth in the notice thereof 3. Notice of Meetings. Whenever it is anticipated that Members will be required or permitted to take any action by vote at a meeting,written notice stating the place, day and time of any meeting and, if a special meeting,the purpose or purposes for which the meeting is called and at whose direction, shall be delivered not less than 10 nor more than 50 days before the date of the meeting, either personally or by telephone, email,fax or regular mail to each Member,unless the Act or the Articles require different notice. 4. Waiver of Notice. When any notice of a meeting is required to be given, a waiver thereof in writing signed by a Member entitled to such notice, whether given before, at, or after the time of the meeting as stated in such notice, shall be equivalent to the proper giving of such notice. 5. Participation of Members by Telephone or Similar Communications. Members may participate and hold a meeting by means of conference telephone or similar communications equipment by means of which all Members participating can hear and be heard, and such participation shall constitute attendance and presence in person at such meeting. 6. Quonum: A majority in interest of the members entitled to vote shall constitute a quorum at a meeting of Members for the-transaction of any business. The members present, despite not being a quorum, may adjourn the meeting. All notices given with respect to an original meeting shall mm extend to any and all adjouents'thereof and such business as might have been transacted at the original meeting maybe transacted at any adjournment thereof; no notice of any adjourned meeting need be-given if an announcement of the time and place of the adjourned meeting is made at the original meeting.At a meeting in which a quorum is initially present, such quorum is not.broken by the subsequent withdrawal of any Member, despite the fact that such withdrawal results in less than a quorum being present,,and all votes taken are binding on the Members.All acts at a meeting at which a quorum is present, shall be the act of the Members and be binding on them, except if such vote requires a greater proportion or number of Membership Interests pursuant to the Act,the.Articles of Organization or this Agreement. 5 7. Vote by Proxy:A Member may vote in person or by proxy executed in writing by a -we-1 4 Member. Every proxy so executed shall be revocable at the will of the Member. Such proxy shall automatically be revoked, if prior to its use,the death or incompetence of the Member occurred and notice of such death or,adjudication of incompetence is received by the Proxy holder. A proxy is presumed to be revoked,whether or not itds stated to be irrevocable, if the Member.who executed such proxy sells his Membership Interest prior to the date when it is scheduled to be exercised. 8. Action without Meeting. Any action required or permitted to be taken at a meeting of Members may be taken without a meeting,without prior notice and without a vote, if all Members entitled to vote on any matter consent,thereto in writing, and such consents are filed with the minutes of meetings. Action taken under this Paragraph shall be effective when the requisite Members have signed the consent or consents,unless the consent or consents specify a different effective date. ARTICLE VI Contributions and Distributions 1. Each Member shall contribute cash and/or other property in the amount determined as his/her initial contribution to the Company. The initial capital,contribution to be made by any Person who hereafter is admitted as a Member and acquires his/her Membership Interest from the Company shall be deten'nined by the Members. 2. An Account denominated as a Member Account shall be maintained for each Member to track his/her contributions. 3. No Member shall be entitled to interest on his/her contribution nor is such Member entitled as a matter of right, to a return,in part or in whole, of his/her contribution, notwithstanding anything to the contrary herein. 4. If the Company has insufficient funds to meet its obligations as they come due and to carry out its routine,day-to-day affairs,then, in lieu of obtaining required fiends from third parties or selling its assets to provide required funds,the Company may, but shall not be required to,borrow necessary funds from one or more of the Members as designated by the Members;provided that the terms of.such borrowing shall be. commercially reasonable and the Company shall not pledge its assets to secure such borrowing. 5. In the event of a permitted sale or other transfer of a Member's Interest in the Company, the Member Account of the transferor shall become the Member Account of the transferee in proportion to the percentage of the transferor's interest transferred. 6. All distributions of.cash or other property(except upon the Company's dissolution, which shall be governed by the applicable provisions of the Act and Article VIII hereof) shall be made to the Members in proportion to their respective Membership Interests..All 6 distributions of cash or property shall be made at such time and in such amounts as determined by the Members. 1 7. All necessary federal and state tax returns for the Company shall be prepared and filed. Each Member shall furnish any information in his/her possession that may be necessary and pertinent to the preparation of such returns. 8. Except as otherwise provided herein, all itemsi of income, gain, loss, deduction and credit, whether resulting from the Company's operations or in connection with its dissolution, shall be allocated.to the Members for federal, state and local income tax purposes in proportion to their respective Membership lnterests. ARTICLE V11 Admission and Withdrawal of a Member 1. Admission of New Members. The vote of a majority in interest of the Member entitled to vote shall be required to a new Member and issue a.Membership Interest in the Company. Such new Member shall not be entitled to any retroactive allocation of income or losses, or taxable deductions heretofore incurred by this Company. 2. Assignment of a Member's Interest. A Member may assign his/her voting and management interest in the Company to another person or entity only with the prior unanimous consent of the other Members either in writing or at a meeting called for such purpose.If all of the other Members do not approve of the assignment, the assignee shall have no right to participate in the management of the business and affairs of the Company or to become a Member.All costs and expenses incurred by the Company in connection with the assignment of a Member's interest including any filing fees and publishing costs and the fees and.disbursements of counsel, shall be paid by the assigning Member. 3. Gift to Family Member.Notwithstanding Paragraph 2 of this Article VII, a Member may assign his/her Membership Interest to his/her spouse or any of his/her descendants, or to a trust the sole beneficiaries of which are himself/herself and/or one or more of his/her spouse,his/her descendants,provided that such transfer is by way of inter vivos gift or testamentary, or intestate succession.Notwithstanding the preceding sentence,no assignee of a Membership Interest by way of inter vivos gift shall become a Member of the Company except upon the consent of the non-assigning Member(s),but this sentence shall not apply to a transfer by a Member to'a Revocable Living Trust for the benefit of such transferi ing Member and of which such Member is a Trustee. 4. Rights and Obligations of Additional Members. Each person who becomes a member in the Company,by becoming a Member,shall and does hereby ratify and agree to be bound by the terms and conditions_of this Agreement. 7 i I 5. Withdrawal.Any Member may elect to withdraw from the Company and to sell his or her entire interest in the Company to the Company at any time by serving written notice of such election upon the Company. Such notice'shall set forth the date upon which such resignation shall become effective,which shall be not less than sixty(60) days and not more than ninety(90) days.from the date of such notice. The purchase price for a resigning Member's interest in the Company shall be One Dollar($1.00). 6. Effect of Prohibited Action. Any transfer or other action in violation of this Article shall be void ab initio and of no force or effect whatsoever. ARTICLE VM DISSOLUTION AND TERMINATION 1. Events of Dissolution. The Company shall be dissolved upon the first to occur of the following: (a), Any event that under the Act or the Articles requires dissolution of the Company,provided that the death,resignation,retirement, expulsion,bankruptcy,or dissolution of a member or occurrence of any other event that terminates the continued membership of a Member in the Company shall not cause the dissolution of the Company; (b) The unanimous written consent of the Members to the,dissolution of the. Company; and (c) The entry of a decree of judicial dissolution of the Company as provided in the Act.No failure of a member to exercise and no delay by a member in exercising any right or remedy under this Agreement shall constitute a waiver of such right or remedy.No waiver by a member of any such right or remedy under this Agreement shall be effective unless made in writing duly executed by all members and specifically referring.to each such right or remedy being waived. 2. Upon dissolution.of the Company, the Members may, in the name of and on behalf of the. Company,prosecute and defend suits,whether civil, criminal or administrative, settle the Company's affairs, dispose of and convey any other property of the Company, discharge the Company's liabilities and distribute to the Members any remaining assets,all without affecting the liability of each and.every Member. I Within ninety(90)days following the dissolution and the commencement of winding up the affairs.of this Company, or at any other time there are no Members,Articles of Dissolution shall be filed with the Secretary of State of New York. Upon such filing of Article of Dissolution by the Secretary of State of New York, the Articles of Organization shall be deemed to be cancelled. 4. Taxable income,gain and loss from the.sale or distribution of Company property incurred upon or during liquidation and termination of the Company shall be allocated to the Members as provided in Paragraph 8 of Article Vl above. 8 5. Except as provided by law,upon dissolution, each Member shall look solely to the assets of the Company for the return of his/her Capital Contribution. If the Company property remaining after the payment or discharge of the debts and liabilities of the Company is insufficient to return the Capital Contribution of each Member, such Member shall have no recourse against any other Member. ARTICLE IN Miscellaneous Provisions 1. This Agreement, and the interpretation hereof, shall be governed exclusively by its terms and by the laws of the State of New York, without reference to its choice of law provisions, and specifically the Act. 2. No amendment or modification of this Agreement shall be effective except upon the unanimous written consent of the Members. 3. This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party which;caused this Agreement to be drafted. Whenever the singular number is used in this Agreement and when required by the context,the same shall include the plural, and�the masculine gender shall include the feminine and neuter genders, and vice versa. 4. The headings in this Agreement are inserted for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent or intent of this Agreement or any provision hereof. 5. The failure of any party to seek redress for violation of or to insist upon the strict performance of any covenant or condition of this Agreement shall not prevent a. subsequent act,which would have originally constituted a violation, fiom having the effect of an original violation. 6. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by any party shall not preclude or waive the right to use any or all other remedies. Such rights and remedies are given in addition to any other rights the parties:may have by law, statute,ordinance or otherwise. 7. This Agreement is intended to be performed in accordance with, and only to the extent permitted by, all applicable laws,ordinances,rules and regulations of the jurisdiction in which the Company does business. If any provision of this Agreement or the application thereof to any Person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted.by law. 9 8. Each and all of the covenants, terms,provisions and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and,to the extent permitted by this Agreement, their respective heirs, legal representatives, successors and assigns. 9. This Agreement 1s expressly and solely for the.benefit of the parties hereto. It is 'c understood that no other entity or person, including any creditor of the Company,shall be entitled or.deemed to be entitled to any benefits or to enforce any rights, claims or remedies under this Agreement. 10. This Agreement sets forth all of the promises, agreements, conditions and understandings among the parties respecting,the subject-matter hereof and supersedes all prior negotiations, conversations, discussions, correspondence,memoranda and agreements between the parties concerning such subject matter. The undersigned,being all the Members of the Company,hereby agree, acknowledge and certify that the foregoing Agreement constitutes the sole and entire Operating Agreement of the Company, unanimously adopted by the Members of the Company as of the date first written above. ���a s P. Olinkiewicz, M e Emily Re , Member 10 WAIVER OF NOTICE OF FIRST MEETING OF MEMBERS OF 711 LINNET ST GREENPORT LLC WE,the undersigned, being all of the members of the Company,hereby agree and consent that the first meeting of members of the Company be held on the date and time and at the .place designated hereunder, and do hereby, waive all notice whatsoever of such meeting and of any adjournment or adjournments thereof. We do further agree and consent that any and all lawful business may be transacted at such meeting or at any adjournment or adjournments thereof as may be deemed advisable by any member present. Any business transacted at such,meeting or at any adjournment or adjournments thereof shall be as valid and legal and of the same force and effect as if such meeting or adjourned meeting were held after notice. Place of Meeting. 28A South Menantic Road, Shelter Island,NY Date of Meeting: September 13,2021 Time of Meeting: 10:00 a.m. Date: September 13, 2021 ames P. Olinkiewicz ember Emily Ree"Iembei MINUTES OF-FIRST MEETING OF MEMBERS OF 465 BROWN ST GREENPORT LLC The first meeting of the Members of the above captioned Limited Liability Company was held- on the date,time and at the.place set forth in the written Waiver.of Notice signed by all the Members, fixing such time and place,and prefixed to;the minutes of this meeting. There were present the following: James P. Olinkiewicz Emily Reeve being all the Members. The Members reviewed the following: 1. Copy of the Articles of Organization filed with the Secretary of State. 2. The proposed Operating Agreement of the Company 3. The seal proposed for use as the Company seal 4. A specimen of a proposed certificate to represent the ownership of an interest in the Company The Members thereupon unanimously adopted the following resolutions: RESOLVED,that the Articles of Organization and the Operating Agreement be,and they hereby are,approved,ratified and adopted.by the undersigned Members. RESOLVED,that the form of seal submitted to this meeting.be,and it hereby is, approved and adopted as and for the seal of this Company, and that.an impression thereof be made on the margin of these minutes. RESOLVED, that the specimen_form of certificate annexed hereto be;and it hereby is, approved and adopted as the certificate representing the shares of this Company. RESOLVED,that the specimen certificate'so presented to the meeting be annexed to the minutes thereof. RESOLVED,that.the Company issue and deliver to the person upon receipt of the consideration therefor,as identified in the Company's Books and Records one or more certificates representing the Member's interest in the Company. RESOLVED,that the Company Certificate annexed hereto reflecting the banking arrangements of the.Corporation be, and it hereby_is,approved and the resolutions set forth therein adopted. There being no.further business to come-before-the meeting,upon motion duly made, seconded and unanimously carried,.the same was adjourned. ATTEST: amen P. Olinkiewiez,Member Emily Reeve, ember WAIVER OF NOTICE OF FIRST MEETING OF MEMBERS OF 465 BROWN ST GREENPORT LLC WE,the undersigned,being all of the members of the Company,hereby agree and consent that the first meeting of members of the Company be held on the date and time.and at the place designated hereunder,and do hereby waive all notice whatsoever of such meeting and of any adjournment or adjournments thereof. We do further agree and consent that any and'all lawful business maybe transacted at such meeting or at any adjournment or adjournments thereof as may be deemed advisable by any member present. Any business transacted at such meeting or at any adjournment or adjournments thereof shall be as valid and legal and of the same force and erect as if such meeting or adjourned meeting wereheld after notice. Place of Meeting: 28A South Menantic Road, Shelter Island,NY Date of Meeting: September 10,2021 Time of Meeting: 10:00 a.m. Date: September 10,20.21 es P. Olinkiewicz,Member Emily Re ie,Member OPERATING AGREEMENT FOR 465 BROWN ST GREENPORT LLC This Agreement,_dated September 10, 2021,by and between the undersigned-Members,is hereby adopted as the written Operating Agreement("the Agreement") of 465 Brown St Greenport LLC' ("the Company"), and WHEREAS, this Agreement does not contain,provisions inconsistent with the Articles of Organization.of the Company, and WHEREAS, the Members wish to set.for provisions relating to the business of the Company, the, conduct of its affairs and the rights, powers, preferences; limitations or responsibilities of its Members, employees or agents,!as the case may be, NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby ackno-wledged,the undersigned agree.as follows: ARTICLE,I Definitions 1. Words and:phrases set forth within this Agreement which relate to the business of the Company or the conduct of its affairs or the rights,,powers,preferences,limitations or responsibilities of its Members, employees,,or agents, as the case may be, or to any matter: which the Company is required or,has done under'mandate of law or the fulfillment of this Agreement,shall be defined as it has been defined in Section 102 of the New York L ndted Liability Company Law("the Act'), as amended,and in force froni-time to time,or in other. applicable statutes or rulings. ARTICLE II Formation and Business of the Company 1. The undersigned have authorized the formation of the Company by an organizer who . prepared, executed and filed with the New York Secretary of State;the Articles_of Organization pursuant to the:Act,on the loth day of September,,2021.. 2. The naive-of the Company is 465 Brown St Greenport LLC.The Company may do business under that naive and,as permitted by applicable law,under any other name determined from time to time by the Members.. 3:. : The,initial purpose of the.Conipany is to acquire,-develop',manage,lease, finance„refinance,. . : . sell,,exchange or otherwise dispose of ordeal with interests in,.the real.estate and improvements,.and to do any and all other things necessary;customary,related or incidental 1: to any of the foregoing.In addition,Company may engage in any other business or activities permitted under New York State law. 4. The principal place of business of the Company shall be located at 28A South Menantic Road;,Shelter Island,in the.CoWty of Suffolk.New York or such other place as the Members may determine. 5.. The Company does not have a Registered Agent! 6. The Secretary of State of New'York is designated as agent of the Company,upon whom process against it may be served,and the post office address to which the Secretary of State shall mail a copy of such process against the Company served upon him is:P.O.Box'591, Shelter Island Heights,New York 11965. 7. The Company:has no specific.date of dissolution,unless.sooner dissolved pursuant to this Agreement or pursuant to the provisions of the Act. ARTICLE III Members 1. Unless specifically set forth otherwise in the Articles of Organization or by amendment thereto,management of the Company shall be vested in the Members,who shall be:subject to all of the rights, duties,privileges and liabilities of Managers;as set forth in the Act: 2. The names-"addresses, and Membership Interests of the Members,are set forth in the Books . and Records of the Company. 3. No Member shall be personally liable for any debts, obligations or liabilities of the Company or of any other Member, solely by reason of his/her being a Member of the Company,whether such debt arose in contract,tort or otherwise.A member shall have the option to waive such limitation of liability pursuant to Section'609 of the Act and may be legally liable pursuant to.other applicable:law,in his/her:capacity.as a Member. 4.. No Member.will be entitled to withdraw any part of his/her Capital Account or to receive any distributions from the Company except as.expressly provided in'this Agreement. 5., No Member has the right to require partition of the Company's property or to compel any sale or appraisal,of the Company's assets or any sale of a deceased Member's interest in the. Company's,assets,notwithstanding.any pTovisioris of law to the contrary. ARTICLE IV Management of;the Company 1. . ,Management of the Company shall be vested in the Members.The Members shall vote mi proportion to their Membership Interests in the Company.,Except as otherwise provided in, 2 this Agreement, all decisions of the Members shall be by a.majority in,interest of the Members.No Member will take part in or interfere-in any manner with the conduct or control of the business of the.Company or have any right or authority to act for or bind the Company except as provided in this Agreement.'i 2. The following management decisions require the consent-of at least a majority interest of the Members_ A_ To admit a person as a Member; B. To acquire;,sell, assign, or otherwise transfer or dispose of any interest in any assets of the Company; C:. To create any indebtedness for borrowed money whether or.not secured; D. To make,execute or deliver on behalf of the Company any assignment for the benefit of creditors or any guarantee,indemnity bond,or surety. bond; E. To obligate:the.Company as a surety, guarantor,or accommodation party to any obligation; F. To confess.any judgment on behalf of the Company; G.. To do any'act which makes it impossible.to carry on the ordinary business of the Company; H. To commence lawsuits and other proceedings; I. To obligate the Company in any manner for a liability in excess.of$10,000; J. To approve the dissolution of the Company; K. To approve the merger of the Company with another limited liability company or any other business entity; L. To adopt, amend,restate or.revoke the Articles of Organization,subject to this Agreement and the Act. M. To,file or consent to file a petition for or against the Company under any federal or state bankruptcy,insolvency or reorganization act. 3: For administrative purposes,the Members-may elect one_or more_l�ieznber�s)�to_have ie of risibility for thu y 7&y-;rnanagement: Ahe Company's affairs which shall be -conducted and managed in accordance with this,Agreement and the laws of the State of New York. This.authority includes the following: A. To collect.funds due to the Company; B. To the extent that funds of.the.Company are available therefor,paying,debts and obligations of the Company; C. To determine the appropriate accounting method or methods to be used by the Company;. D. To retain accountants,attorneys or.other agents.to act-on behalf of.the Company; E: To-do and`perftirm-all-such things and_ eciite;acknowled e-and=deliver any-and-alb �- - - mstriuxients as_maybe ui furthera_nce_of_the o�npany s purpose s ancl�iecessaiand� agpropr�ate to tliEnduct:of--its-business subject to.the provisions of Paragraph 2 of this Article IV. F. To obtain general liabiligr property and.other insurance for the Company, as the Member deems proper.- G. To.serve as Tax Matters.Member as such term is defined in 1KC Section 623I(a)(7). 4. The,funds of the Company shall be kept in one or more separate banks accounts in the name of the Company in.such banks or other federally insured depositories as may be designated. by the Members, or shall_otherwise,be invested in the name of the Company in such manner . and upon such terms and conditions as may be designated by the Members.All withdrawals from any such bank accounts or investments established by a Member hereunder shall be made on such signature or signatures as may be authorized from time to time by the Members.Any account operted-by the Members for the Company shall not be commingled with other funds of the Members or interested persons. 5. Reliance by Other Persons. Any person or entity dealing with the Company, other than a Member;may rely on the authority of any Member in taking any action in the name of the Company, if such Member provides to such Persona copy of the applicable provision of this Agreement and/or the resolution.or written.consent of,the Members granting such authority, certified in writing by such Member to be genuine and correct and not to have been revokedl superseded or otherwise amended. 6. Indemnification.Any person made or threatened to be made a party to an action or proceeding,whether civil or criminal,by reason of the fact,that he,his testator or intestate, is, or was a Member, employee or agent of the Company,or then serves-or has served on behalf of the Company in any capacity at the request of the Company, shall be indemnified by the Company against reasonable expenses,judgments,fines and amounts.actually and necessarily incurred in connection with the defense of such action or proceeding or in connection with an appeal.therein,to the fullest extent permissible by.the Act. Such light of indemnification shall not deemed exclusive of any other rights to which such person may be entitled. 7. Liability of Member. So long'as a Member elected to have dayAo-day management responsibility in accordance with Paragraph 3 of.this Article Iv acts in good faith with respect to the conduct of the business and,affairs,of the Company,no such Member shall be liable or accountable to the Company or to any of the Members;in damages or otherwise, for any error of judgment,for any mistake of fact or of law,or for any other act or thing that he may do or refrain from doing in connection with the business and affairs of the Company,EXCEPT FOR WILLFUL MISCONDUCT OR,GROSS NEGLIGENCE OR BREACH OF FIDUCIARY DUTY,and further except for breaches of contractual obligations or agreements between such Member and the Company. 8. The Company shall maintain and make available to the Members,its records to the extent provided in the Act.. 4 ARTICLE V Meetings g l. Annual Meeting. The annual meeting of.the Members shall be held at such time and place (or by conference call if so determined by,the Members) as shall be fixed by the Members for the purpose.of the transaction of such business as may come properly before the meeting. 2'. Special'Meetina.A special meeting of Members;for any purpose or purposes,unless otherwise prescribed by statute,may be called by a Member.Any such request shall state the purpose or purposes.of the proposed meeting.Business transacted at any-special meeting. of Members shall be confined to the purposes set,fortb in.the notice thereof. 3. Notice,of Meetings. Whenever it is anticipated that Members will be required or permitted to take any action by vote at a meeting,written notice stating,the place, day and time of any meeting:and, if a special meeting,the purpose or purposes for which the meeting is called and at whose direction,shall be delivered not.tess than 10 not more than 50 days before the date of the meeting, either personally or by telephone, email,fax or regular mail to each Member,unless the Act or the Articles require different notice. 4. Waiver of Notice. When any notice of a meeting is required to be given, a waiver thereof in writing signed by a Member entitled to such notice,whether given before, at, or after the time of the meeting as stated in such notice, shall be equivalent to the proper giving of such. notice. 5. Participation of Members by Telephone or Similar Communications. Members may participate and hold a meeting by means of conference telephone or similar communications equipment by means of which all Members participating can hear and be heard,,and such participatiori'shall constitute attendance and presence in person at such meeting. 6. Onorum: A majority in interest of the members entitled to vote.shall constitute,a quorum at a meeting of Members for the transaction of any business.The members present,,despite not being a quorum,may adjourn the meeting. All notices,given with respect to an original meeting shall extend to any and all adjournments thereof and such business as might have been transacted at the original meeting may be transacted at any adjournment thereof,no. notice of any adjourned meeting need be given if an.announcement of the time and,place of the adjourned meeting is made at the original meeting.At a meeting in which a quorum is initially present, such quorum.is not broken by the subsequent withdrawal of any Member; despite the fact that such withdrawal results in less than a.quorum being present,_and all votes taken are binding on the Members.All acts at a meeting at which a quorum is present, shall be.the.acfiof the Members and_be binding'on them,except.if such vote requires a greater proportion or number of Membership Interests.pursuarit to the Act,the Articles of Organization or this Agreement. 5 7. Vote by Proxy:A Member may vote in person or byproxy executed in writing by a Member.Every proxy so executed shall be revocab p Y le at the will of the Member. Such rox shall automatically be revoked, if prior to its use,the death or incompetence of the Member occurred and notice of such death or adjudication of incompetence is received by the Proxy holder. A proxy is presumed to be.revoked,whether or not it is stated to be irrevocable,if the Member who executed such proxy sells his Membership is prior to the date when it is scheduled to be exercised_ 8. Action without Meeting.Any action required or permitted to be taken at a meeting of Members may be taken without a meeting, without prior notice and without a vote, if all Members entitled to vote on any matter consent thereto in writing, and such consents are filed with the minutes of meetings.Action taken under this Paragraph shall be effective when the requisite Members.have.signed the consent or consents;unless:the.consent or consents specify a different effective date.. ARTICLE,VI Contributions and Distributions 1. Each Member shall contribute cash and/or other property in the amount determined as his/her initial contribution to the Company. The initial capital contribution to be made by any Person who hereafter is admitted as a Member and acquires his/her Membership Interest from the Company shall be determined by the Members. 2. An Account denominated as a Member Account shall be maintained for each Member to track his/her contributions. 3. No Member shall be entitled to interest on his/her contribution nor is such Member entitled as a matter of right,to a return,in part or in whole, of his/her contribution, notwithstanding anything to the contrary herein. 4.. If the Company has insufficient funds to meet,its obligations as they come due and to carry out its routine,.day-to-day affairs,,then,in lieu of obtaining required funds from thirdparties or selling its assets to provide required funds,the Company may,but shall not be required to,borrow necessary funds from one or more of the Members as designated by the Members;provided that the terms of.such borrowing shall be commercially reasonable and the Company shall not,pledge its assets to-secure such borrowing. 5. . In the.event of a permitted sale,or other transfer of a Member's Interest in the Company, . the Member Account of the transferor shall become the Member Account of the transferee in,proportion to the percentage of the transferor's interest transferred. 6. All distributions.of cash;or other property(except upon the Company's dissolution, which shall be governed by the applicable provisions of the Act and Article VH1 hereof) shall be made to the Members in proportion to their respective Membership Interests.All 6. distributions of cash or property shall be made at.such time and in such amounts as . determined by the Members. -7. All.necessary federal and state tax returns for the Company shall be prepared and filed. Each Member shall furnish any information in his/her possession that may be necessary and pertinent to the preparation of such returns. 8. Except as otherwise provided herein,all items of income, gain,loss,deduction and credit,, whether.resulting-from the Company's operations or in connection with its.dissolution, shall be allocated to the Members for federal, state and local income tax purposes in proportion to their respective Membership Interests. ARTICLE VH Admission and Withdrawal of a Member 1. Admission of New Members. The.vote of a majority in interest of the Member entitled to vote shall be required to a new Member and issue a Membership Interest in the Company. Such new Member shall not-be-entitled to any retroactive allocation of income or losses, or taxable deductions heretofore incurred by this Company. 2. Assignment of'a Member's Interest. A Member may assign his/her voting and management,interest in the Company to another person or entity only.with the prior unanimous consent of the other Members either in writing or at a meeting called for such purpose.If all of the other Members do not approve of the assignment,the assignee shall have no right to participate in the management of the business and affairs'of the Company or to become a Member.All costs and expenses incurred by the Company in connection with,the assignment of a Member's interest including any filing fees and publishing costs and the fees and disbursements of counsel,shall be paid by the assigning Member. 3. Gift to Family Member.Notwithstanding Paragraph 2 of this Article VII, a Member may assign his/her Membership Interest.to his/her spouse or any of his/her descendants,or to a trust the sole beneficiaries ofwhich are himself/herself and/or one or more of his/her spouse,his/her descendants,provided.that such transfer is by way of inter vivos gift or testamentary or intestate succession.Notwithstanding the preceding sentence,no.assignee of a Membership Interest by way of inter vivos.gift shall become a Member of the Company except upon the consent.of the non-assigning Member(s),but this sentence shall not apply to a transfer by a Member to.a Revocable Living Trust for the benefit of such transferring Member and,of which such Member is.a Trustee. 4. Rights and Obligations of Additional Members. Each person who becomes a member in the Company,by becoming aMember,shall'and does hereby ratify and agree to.be bound.by the terms and conditions-of this Agreement. 7 A(M 5. Withdrawal.Any Member may elect to withdraw from the Company and to sell his or her entire interest in the Company to the Company at any time by serving written notice of such,election upon the Company. Such notice shall set forth the date upon which such resignation shall become effective;which shall be not less than sixty (60)days and not more than ninety(90)days from the date of:such notice: The purchase price for a resigning Member's interest in the Company shall be One Dollar($1.00). 6. Effect of Prohibited Action.Any transfer or other action in violation of this Article shall be void ab initio and of no force or effect whatsoever. ARTICLE VIII DISSOLUTION AND TERMINATION 1. Events of Dissolution.The Company shall.be dissolved upon the first to occur of the following: (a) Any event that under the Act or the Articles requires dissolution of the Company,provided that the death,resignation,retirement,expulsion, bankrnptcy, or dissolution of a member or occurrence of any other event that terminates the continued membership of a Member in the Company shall not cause the dissolution of the Company; (b). The unanimous written consent of the Members to the dissolution of the Company; and (c) The entry of a decree of judicial dissolution of the Company as provided in the Act.No failure of a member to,exercise and no delay by a member in exercising any right or remedy under this Agreement shall constitute a waiver of such right or remedy.No waiver by a member of any such right or remedy under this Agreement shall be effective unless made in writing duly executed by all members and specifically referring to each such right or remedy being waived. 2. Upon dissolution of the Company, the Members may, in the name of acid on behalf of the Company,prosecute and defend suits,whether'civil,criminal or administrative, settle the Company's affairs,,dispose of and convey,any other property of the Company,discharge the Company's liabilities and distribute:to the Members any remaining assets,all without affecting the liability of each and every Member. 3. Within ninety(90)days following-the dissolution and the commencement of winding up the affairs of this Company,or at any other time there are no Members,Article_s of Dissolution shall be filed with the,Secretary of State of New York. Upon such filing of Article of Dissolution by the Secretary of State of New York, the Articles of Organization.shall.be deemed to be cancelled. 4_ Taxable income;,gain and'loss from the sale or distribution of Company property.inci&dd upon or during liquidation and termination of the Company shall be allocated to the. Members as,provided in Paragraph 8'of Article VI above. 8 .5. Except as provided by law,upon dissolution,each Member shall look solely to the assets of the Company for the return of his/her Capital.Contribution.if the Company property remaining after the payment or discharge of the debts and-liabilities of the Company is insufficient-to return the Capital Contribution'of each Member, such Member shall have. no recourse against'any other Member. ARTICLE IX Miscellaneous Provisions . , 1. This Agreement, and the interpretation hereof, shall be governed exclusively by its terms and by the laws of the State of New York,without reference to its choice of law provisions, and specifically the Act. 2. No amendment or modification of this Agreement.shall be effective except upon the unanimous written consent of the Members. 3. This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party which caused this Agreement to be drafted. Whenever the singular number is used in this Agreement and when required by the context,the same shall include the plural,and the masculine gender shall include the feminine and neuter genders, and vice versa. 4. The headings in this Agreement are inserted for convenience only and are in no way intended to describe, interpret,define, or limit the scope,extent or intent of this Agreement or any provision hereof. 5. The failure of any party to seek redress for violation of or to insist upon the strict performance of any covenant or condition of this Agreement shall not prevent a. .subsequent act,which would have originally constituted a violation, from having the effect of an original.violation. 6. The rights and remedies.provided by this Agreement are cumulative and the use.of any one right or remedy by any party shall not preclude or waive the right to use any or all other.remedies.'Such rights and remedies are given in addition to''any other rights the parties may have by law, statute,ordinance or otherwise. 7. This Agreement is intended to be performed in accordance with,and only to the extent. permitted by,.all applicable laws,ordinances,rules and regulations of the jurisdiction in which the Company does business. If any provision of this Agreement or the application thereof to any Person or circumstance shall be invalid,illegal,or unenforceable to any extent,,the remainder of this Agreement and the application thereof shall not be affected. and shall be enforceable to the fullest extent permitted bylaw.. 9 it 8. Each-and all of the covenants,terms,.provisions and agreements herein contained shall be binding upon and inure to the benefit of the parties,hereto and,to the extent permitted by this Agreement,their respective heirs,legal representatives, successors and assigns. 9. This Agreement is expressly and solely for the benefit of the parties hereto. It.is understood.that no other entity or person,including any creditor of the Company,.shall be entitled or deemed to be entitled to any benefits or to enforce any rights, claims or remedies under this-Agreement. 10. This Agreement sets forth all of the promises, agreements,conditions and understandings among the parties respecting the subject matter hereof and supersedes all prior negotiations, conversations,,discussions,.correspondence;memoranda and agreements between the parties concerning such subject matter. The undersigned,being all the Members of the Company,hereby agree, acknowledge and certify that the foregoing Agreement constitutes the sole and entire Operating Agreement of the Company, unanimously adopted by the Members of the Company as of the date first written above. J s P: Olinkiewicz, Mem Emily Reev ,Member 10 I V1 V11' 1FORDI NO. 4 TOWN OF SOUTHOLD, RECEIVED . BUILDING DEPARTMENT 'OWN CLERK'S OFFICE SOUTHOLD. N. Y. MAY 0 5 2022 Zoning Board of Appeals CERTIFICATE OF OCCUPANCY No. . . . Date, . . . . . . . . . ....Larch. . . . 19 b9. IIS CERTIFIES that the building located at . . , ,� . . .Limett. St. . . . .. .. . Street ' reen .ort Driving lark Map No. . . . . . . . . . .. . Block No. .. ... . .. . .. .Lot No. 5900*26.1 1�,8.r.. . OT040nPottr -'N•':, conforms substantially to the Application for Building Permit heretofore filed in this'office dated . . . . . .. . . . POO., . . :t.2. .. ., 19618. pursuant to which Building Permit No. �t1��2►. . dated . . . . . . . . DIDQ . . .1.3. •.• • . • • 19•68, was issued, and conforms to all of the require- ments -of the applicable provisions. of. the, law..The occupancy for which this certificate is . issued is . lE'!#Ygte, .91RA .talmily-Awening. . .. . . . . . ... . . . . . . . .. . . . . ... . . .. . . .. . . . .. The certificate is issued to . . . 030ar..0.o3.tl1n..0=0:r•AF(v mtr•owao +•Lulu. Ranter) (owner, lessee or tenant)' of the aforesaid building. .Suffolk County Department of Health Approval . . .:9w.Ufa. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . .. .. . . .. . . . .. . . . . Building Inspecd „ ,S�c.jlulthol d Town Board o ,p 31 s -20- February 14, 9 Regul a - eeti ng (Appea- No. 3312 - LOUISE WILSON ESTATE , continued: ) CEIVED MAY 52202 Zoning Board of Appeals (a ) For a imum , width o 0 feet w 16 ' right-of-way and extends up to arcel #1 , be either blacktopped or surfaced with four-inches of e .blend , and all times . (b ) Be continu sly main t ed in good condition at Location of • roperty : N/s Main Road , Mat ' uck , NY; County Tax Map Parcel No . 000-122-06-19 . Vote of the Board : Ayes : Messrs . Goehringer , Grigon ' s , Doyen , Dou ass and Sawicki . This resolution was adopted by unanimous vote of l the members . PENDING DECISION : Appeal No. 3303 : Upon application of FRANK A. FIELD REALTY ,` INC. , Box 631 , Green- port , NY for Variances to the Zoning Ordinance , rtic e III , Sections 100-31 and 100-30 (A) [1 ] for approval of the construction of a one-story , two-family house , at premises known as Lots 26 and 28 of "Greenport Driving Park” Subdivision , containing 11 ,262 sq . ft. in area and 100-foot lot width . Applicant proposes to remove two existing dwel.Wling structures. Iodated partly on Subdivision Lots 26 , 28 , 59 a.n.d_60 , dn:d' ' .,_.. ._`;y, :: V�'�ii;f•.5° -."N•.a l,� ..w.w �fir• •r•• 'a�.gb...�.a•.. - F n.ft•;'ry nu'G1"`1}'f•V.i�}, - ~ re:tal n aj_n ; ex.� s.t :.p;9..,o;ne. am7-ly atraa_1.er. ta.n.d !o:ne ;fami ly4;�I.�tw,o�:s' 'o:r,,.y;;:', Sone;�,Lotts,;-5';9a a;n;d;;;60;,. premises identified as County Tax Map Parcels Nb . 1000-48-03-`20 ' 1'9`, 8 and 9 . Subsequent to deliberations , the board took the following action : WHEREAS, the public hearings on the application of FRANK A. FIELD REALTY INC. , Appeal No . 3303 , were held on December 13 , 1984, January 17 , 1985 , and January 24, 1985 , at which time all testimony was received in behalf of this application and against the application and entered into the record for consideration ; WHEREAS , the board members have personally viewed and are familiar with the premises in question and its surrounding area ; and WHEREAS , the board made the following findings of fact: I . The property in question is located in the "A" Residential and Agricultural Toning District , containing a total area of 22 ,526± sq , ft. and lot width (s ) of 100 feet ; 2 . The subject premises is known and referred to as Lots 59 , 60, 28 and 26 as shown on the 1909 Subdivision Map of "Greenport Driving Park" and is more particularly identified as District 1000 , Section 48 , Block 3 , Lots 8 , 9 , 19 and 20 ; 3. The parcel in question is improved as follows : (a ) the section known as "Lot 60" contains a temporary [one-family] ' ,r r ,uthol d Town Boarr_ ,1i' . appeal s -21 - February, 985 Regular Meeting . (Appeal No . 3303 - FRANK A. FIELD REALTY INC : , continued : ) trailer, (b) the section known as "Lot 59" contains a one-family , two-story frame house , an uninhabitable one-story frame house and part of another uninhabitable one-story frame house which is ' also located partly on "Lot 28" . (c) "Lot 26" is vacant except for a small 7 ' by 9' storage shed located approximately three feet from the northerly and westerly property line's (d ) "Lot 28" is vacant except as noted in (b ) , supra. 4. By this application , applicant is requesting permis- sion to construct a two-family residence to be located 35 feet from the front property line (along Brown Street) , 154± feet from the northerly property line [along Linnett Streetzu fromjthe easterly side property line , and 22 feet from westerly side property line ;5 . The 'app1icant-owner proposes to remove theuninhabitable structures in lieu of the proposed two-fstructure , and reference is made to the Map prepared b VanTuyl,, P .C. October 19 , 1984; 6 . For the record it is noted that on January 22 , 1985 , the Southold Town Board , granted the applicant-owner a 6-month extension for the existing temporary' trailer on the premises in question . In considering this appeal , the board determines : (1 ) the granting of this two-family use for a total of three dwelling units on the entire premises [Lots 26 , 28, 59 and 60] is not substantial since it is not an increase of the number of dwelling units which existed previously on this site ; (2) there will be no substantial change in the character of the neighborhood which might be detrimental to adjoining properties since , although the number of dwelling units will not be changed , the buildings which are delapidated and eye sores to the community will be removed; (3 ) there will be no effect on population`, density which would adversely affect available governmental facilities since the density of dwelling units remains virtually unchanged; (4) that the2,relrief requested cannot be obviated by .another method feasible to appel - lant other than a variance since the two existing dwelling units to be removed exist in nonconforming locations; (5) that 'in view of the manner in which the difficulty arose , justice will be served by allowing the variance , as condirtionally noted below. NOW, THEREFORE , on motion by Mr . Douglass , seconded by Mr. Grigonis , it was RESOLVED, that the relief requested under Appeal NEFO 3 , concerning property now or formerly of FRANK A. FIELD REAL . BE GRANTED TO PERMIT ONE NEW TWO-FAMILY RESIDENCE AND ONE MILYEXISTING RESIDENCE, FOR A TO AL F HREE DWELLING UNITS 0 E RE PREMISES , SUBJECT -TO THE -FOLLOWING CONDITIONS: 1 hold Town Board of Appeals Z2-February ' ^ , 1985 Regular Meeting appeal No . 3303 - . .,A, A . FIELD REALTY INC . , conzinued: ) r t Y 1 . That the entire premises , consisting of Lots 2$ , 26 , 59 and 60 of the 1909 Subdivision of "Greenport Driving Park , " not exceed a total of three one-family dwelling units (which may be one two-family and one one-family structures ; or three separate one-family structures ) ; 2 . That there be no division or set-off of land (unless subsequen approvals are made by this board and other appropriate agencies after formal applications accordingly ) , and these premises shall be deemed to be one lot in its entirety. Location of Property : East Side of Brown Street and West Side . of Linnett Street , Greenport , NY ; Subdivision Lots 26 , 28 , 59 and 60 of "Greenport Driving Park" ; Suffolk County Tax Map No . 1000-48-3- 8 , 9, 19 and 20 ; ,containing 25 ,526± sq . ft. , more or less . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . ET-UPS FOR HEARINGS FOR MARCH 7 , 1985 : After reviewin each file , the oard took the following action : On mo ion by Mr . Sawicki , seconded by Mr . Dougl ss , it was RESOLVED, that the Secretary is hereby au t orized and directed to advertise notic of the following matters fo public hearings to be held on THURSDAY , ARCH 7 , 1985 in the to and official news- papers of the town pur uant to law: 7 : 30 p .m. Appeal 3325 - UGLAS A. COOPER; 7 : 35 p .m. Appeal No . 3 JOS€PH LIZEWSKI ; 7 :40 p .m. Appeal No . 3 ALICE D. • CURRIE; 7 :45 p .m. Appeal o. 3319 - NDREAS PALIOURAS; 7 : 50 p .m. App 1 No . 3318 - ME N AND • LEONARDI ; 7 : 55 p .m. peal No . 3306 - ROBERT ND ALDONE NORKUS; 8 :05 p . . Appeal No . 3205 - JOHN AND RANCES DIVELLO . Vote of he Board : Ayes : Messrs . Goehring Grigonis , Doyen , D glass and Sawicki . This resolution was a opted by unan ' ous vote of all the members . RECEBIED MAY 0?202V Zoning Board of A_ peals MAP OF Pr:C?PF P -Y 76 LINNET 5Ti2F.E_7 SURVEYED Ma HP N Q �'�I p R c,ALTY, INI \9N ° -- s.e2° to"e, loo.o0 100.00 _ -• _ W �� I s000 �St 50.00 ,i�E.ENFC�liT LU Co9=I'— i I + rov.�N OF _J!;7HC•LU N.Y. , o , l ;yl �BURNER I 3�j I II ^I 1 SCA LE - - 6UILDIQG5 TO BE REMOV9Q I I' ll'It l•P1 i 157D _ -- i 50.00l I i i 3'=- r- N.62',5'2o"W-r O000 - 3`►, I �)-SHED •,t,3 M i Z. 14'- 6e'b -! 'I )i i T ; - - -- - 32, ! Li 1 i P20V45EL' NC•%-iUT'htOJ 5F{CWN RL-FE._ft 24 zN: -rWo- FAMILY •in `fl ^vL'(IVlNGt�Afjlc"UNFIL�INTHE:SUFrOL1<O:IUIV�`r' DWELLING m N I �LL':-::r,'� iFF:i::. !�'-:"lA�'•�1C: +�. = I` 7.6 1 1 {� AG:UA F: L0T5 1 Z2 N 2 �, Z 8 30 ---- 50 ! N.82° 30-w- 100.G0 IC0.oc 44 Board of Appeals I I Town of Se3llihold MAPY r i' i)CT_ 7, 5o BROWN ST�FRE.F:.I_ 2: 0E'V.; ::c. VA r4 TL',,L.P. f f � I i I Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 ACTION OF THE ZONING BOARD OF AP RECEIVED AND FILED BY UTI-IOLD TOW14 CLEMC Appeal No. 3303 DATE �/ Application Dated October 26 , 1984 c�S HOUR '�,/�,/� To: Mr. Frank A. Field Frank A. Field Realty Inc . P .O. Box 631 Town Clerk, ovum o Greenport , NY 11944 At a Meeting of the Zoning Board of Appeals held on February 14, 1985 the above appeal was considered, and the action indicated below was taken on your [ ] Request for. Variance ,Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section I [ XI Request for Variancelto the Zoning Ordinance Article III , Sections 100-31 and 100-30 (A)[1 ] [. ] Request for Upon application of FRANK A. 'FIELD REALTY, INC. , Box 631 , Green- port , NY for Variances to the Zoning Ordinance , rtic a III , Sections 100-31 and 100-30 (A)[1 ] for approval ofithe construction of a one-story two-family house , at premises .known as Lots 26 and 28 of "Greenport Driving Park" Subdivision , containing 11 ,262- sq . ft. in area and 100-foot lot width. Applicant proposeslto remove two existing dwelling structures located partly on Subdivision Lots 26 , 28, 59 and 60 , and to retain an existing one-family trailer and one-family, two-story house on Lots 59 and 60 ; premises identified as County Tax Map Parcels No . 1000-48-03-20 , 1.9 , 8 .and 9. WHEREAS, the public hearings on the application of FRANK A. FIELD REALTY INC. , Appeal No . 3303 , were held on December 13, 1984, January 17 , 1985 , and January 24 , 1985 , � at which time all testimony was received in behalf of this application and against the application and entered into the record for consideration ; WHEREAS, the board members havelpersonally viewed and are familiar with the premises in question and its surrounding area; and WHEREAS, the board made the following findings of fact: 1 . The property in question is located in the "A" Residential and Agricultural Zoning District , containing 'a' total area of 22 ,526± sq . ft. and lot widths ) of 100 feet; 2 . The subject premises is known and referred to as Lots 59, 60 , 28 and 26 as shown on the 1909 Subdivision Map of "Greenport Driving Park" and is more particularly identified as District 1000 , Section 48, Block' 3 , Lots 8 , 9, 19 and 20 ; 3. The parcel in question is improved as follows : (a) the section known as "Lot 60" contains a temporary [one-family] trailer, (b) the section known as "Lot 59" contains a one-family , two-story frame house , an uninhabitable one-story frame house and part of another uninhabitable one-story frame house which is also (CONTINUED ON PAGE 'TWO) DATED: March 4 , 1985. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3303 Matter of FRANK A. FIELD REALTY INC . Decision Rendered February 14, 1985 located partly on "Lot 28" (c) "Lot 26" is vacant except for a small 7 ' by 9 ' storage shed located approximately three feet from the northerly and westerly property lines (d) "Lot 28" is vacant except as noted in (b) , supra . 4. By this application , applicant is requesting permis- sion to construct a two-family residence to be located 35 feet from the front property line (along Brown Street) , 154± feet from the northerly property line [along Linnett Street] , 14 feet from the easterly side property line , and 22 feet from the westerly side property line ; 5. The applicant-owner proposes to remove the two uninhabitable structures in lieu of the proposed two-family structure , and reference is made to the Map prepared by Roderick VanTuyl , P.C. October 19, 1984; 6 . For the record it is noted that on January 22 , 1985 , the Southold Town Board granted the applicant-owner a 6-month extension for the existing temporary trailer on the premises in question . In considering this appeal , the board determines : (1 ) the granting of this two-family use for a total of three dwelling units on the entire premises [Lots 26 , 28 , 59 and 60] is not substantial since it is not an increase of the number of dwelling units which existed previously on this site; (2) there will be no substantial change in the character of the neighborhood which might be detrimental to adjoining properties since , although the number of dwelling units will not be changed , the buildings which are delapidated and eye sores to the community will be removed; (3 ) there will be no effect on population density .whic,h would adversely affect available governmental facilities since the density of dwelling units remains' virtually unchanged; (4) that the relief requested cannot be ' obviated by another method feasible to appel - lant other than a variance since the two existing dwelling units to be removed exist in nonconforming locations ; (5) that in view of the manner in which .the difficulty arose , justice will be served by allowing the variance , as conditionally noted below. NOW, THEREFORE, on motion by Mr . Douglass , seconded by Mr. Grigonis , it was RESOLVED, that the relief requested under Appeal No . 3303, concerning property now or formerly of FRANK A. 'FIELD REALTY INC. BE GRANTED TO PERMIT ONE NEW TWO-FAMILY RESIDE CE *AND 0 E ON AE MILY EXISTING RESIDENCE, FOR A TOTAL OF THREE DWELLING UNITS ON ENTIRE PREMISES ; SUBJECT TO -THE -FOLLOWING CONDITIONS : 1 . That the entire premises , consisting of Lots 28, 26 , 59 and 60 of the 1909 Subdivision of "Greenport Drivin Park , " not exceed a total of three one-family dwelling units ?which may be one two-family and one one-family structures ; or three separate one-family structures ) ; 2 . That there be no division or set-off of.� s .,"'�"�';W`4 subsequent approvals are made by this board and otheK:: p no late agencies after formal applications accordingly) , and these premises shall be deemed to be one lot in its entirety. Location of Property : East Side of Brown Street and West Side of Linnett Street , Greenport , NY ; Subdivision Lots 26, 28, 59 and 60 of "Greenport Driving Park" ; Suffolk County Tax Map No. 1000-48-3- 8 , 9, 19 and 20 ; containing 25 ,526± sq. ft. , more or less . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis, Doyen , Douglass and Sawicki . This resolution was adopted by unanimous -vote of all the members . lk F. , March 4, 1985 i :;ONSULT YOUR LAWYER BEFORE SIGH iH1S INSTRUMENT-THIS INSTRUMENTSHOULD BE USED 6% )YERS ONLY B ai-gain"and Sale Deed, with Covenant agaipst Grantor's Acts THIS INDENTURE,made the, day of October,2021 BETWEEN _ R ECEIVEDMICHELLE F.LANG as Officer of FRANK A.FIELD REALTY,INC.Residingat 38 Middleton Road,Greenport;NY 11944 ;party of the first part,and.465 Brown St Greenport LLC and 711 Linnet StGreenport LLC465 Brown St Greenport LLC Residing at 28A South Menantic Road,Shelter Island Heights NY 1.196 71,1 Linnet St Greenport LLC Residing at 28A South Menantic Road,Shelter Island Heights NY 11965: party of the second part, WITNESSETH,that the party of the first:part', in considefation of Ten Dollars paid by the party ofthe second part, does hereby"grant and release unto the party of the second part,the heir s or successors and assigns of the party of the second part forever. AL'L-t1Tat-eertailrp{et;piet;e�Lpar?�lanri `""p-t{�e-buiJdiags-and-ifn{�I�ovements-thereon<e;:ected.,_sifuaie,-lyira--an oiFlg in the Village of Greenport,Town of Southold,County of Suffolk and,State of eslgnated'on a certain map entitled,"Map of Greenport Driving P rk suweye Bateman,Shelter Island,New York and laid out into lots by C.H Hall,C.E.,.Broold ,Nev ork,August, 1090 as:and by lots numbered 26,28,59 arid 60,which said map was filed in th�lffcl _. . R larks 6ffioe Bacemtrer�l ��JOJ as map No ;�9 _ -- SUBJECT•to any stae of facts an.accurate survey might show, and to covenants, restrictions: easements, agreements,. reservations,and,zoning regulations of record,if any. BEING AND INTENDED TO BE the same premises.conveyed to Frank A. Field by deed of Robert Turnbull and Frank A. Field dated March 22,1975,and recorded Match 31,1975,in'the office of the Suffolk County Clerk in Liber 7817 page 403. TOGETHER With all right, title, and interest,,if any,the party of the first part in and,to.any street and roads abutting the above-described premises to the center line thereof;TOGETHER With the appurtenances and'.all.the estate and rights of the party of the.first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto tha party of the second part, the heirs or successors and assigns of the. party of. the second part, forever: AND the-party of the first part covenants.that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as:aforesaid. AND the party of the first incompliance with IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above writteh. IN PRESENCE OF.' 1 Michelle F.Lang.as Orficeco`Frank A.Fie'.d Realty IN, i I 'Ti 6i1G'.S'.. �'T�?.5ya°' aa3'•::a' r' i iis�`)di6:1 Title I`IUMbCr: r:1:i 51�1- RECEIV&& SCt E®ULE w'IDESc'RIPTiOi,i MAY 0 2022 Amended 10/5/2021 Ir j3 ro of Appeals ALL that certain plot piece or parcel of land,-with the buildings an 1;m'��ov.&dents thereo situate, lying and being near the Village of Gree_nport, Town of io a,, ounty.of Suffolk and.State of New York, shown and designated on a certain map entitled, "Map of Greenport Driving Park", surveyed by C.H. Bateman, Shelter Island, P,,lew York and laid out into lots by C.H. Hall, C.E., Brooklyn, New York, August, 1509, as and by lots.nurnbered 26,.28, 59 and 60,which said map was filed in the Suffolk County Clerk's Office Decemb , 1, 1090, as Map No. 369,which said lots when taken together.are more,palitculariv. bounded and described as follows*" BEGINNING at a point on the northerly side of Brown Street distant 100.00 feet westerly from the corner formed by fhe'intersection of the northerly side of Brown'Street and the westerly side of Seventh Street; RUNNING.THENCE along the northerly side of Brown Street, Nor ah 62 degrees 44 minutC-;; 30 seconds West, 100.00 feet; THENCE North 06 degrees 53-minutes 30 seconds East, 225.22 feet to the southerly side of Linnet Street; THENCE along the southerly side or Linnet Street, South 82 degrees 46 minutes 10 seconds East, 100.00 feet; THENCE South 06 degrees 53 minutes 30 seconds West--,.225,26 fleet to the northerly side. of Brown Street, the point or place of BEGINNING. i riop,CONVEYANCING ONLY:Together with all right,title and interest or,inane,fo any streats and roads abutting tile above described premises,to the center line tliercof. -- REC,��E�IV,EDf TO BE USED 0,.c 'WHEN THE ACKNOWLEDGMENT IS MADE IN NEW Ya;: 5TR E 7 —� State of New York,County of Suffoik State of New York,County of Suffolk MAY 0 5 2022 r ss: Ss: On the/S day of October in the year 2021 On the day of October in the year 20 0 before me,the undersigned,personally appeared before me,the undersigned,personal � � BOard Of Appeals Michelle F.Lang personally known to me or proved to me an the basis of:satisfactory personally known-to me or proved to me on the basis of satisfactory evidence to be the individuals)whose names)is(are)subscribed to evidence to be the individual(s)whose name(s)is(are)subscribed to. the within instrument and acknowledged to me that he/she/they the within instrument and acknowledged to me' that he/she/they executed the same in hisiher/their capacity(ies), and that by executed the same in hislherltheir capacity(ies'), and that by his/her/their signature(s) on the.instrument, the individual(s); or the his/her/their signature(s)on the instrument,the individual(s),or the person upon behalf of which.thf_individual(s) acted, executed the person upon behalf of which the individual(s) acted, executed the instrument. —� � 7 instrument. (signature and offi e of individual t kin acknowledgment) (signature and office of individual taking acknowledgment), STEPHEN P SPANE30RGH. N_OTARY PUBLIC,STATE,OF NEW YORK Registration No.01SP4906864' State of New York,County of Qualified in Suffolk County ss: Commission Expires odd-bGr 5,'2025 On the day of in the year before me,the undersigned,personally appeared ,personally known to me or.proved to moon the basis of satisfactory evidence.to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me.that he/she/they executed the same in.his%her/their.capacity(ies), and that,by hisiher/their signatures)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,,executed the instrument. (signature and office of individual taking acknowledgment), Bargain and Sale Deed WITH COVENANT AGAINST GRANTOR'S ACTS DISTRICT 1000 SECTION 048.00 BLOCK 03.00 LOT 20.1 COUNTY OR TOWN Suffolk STREET ADDRESS 711 Linnet.Street,Greenport NY '11944 RETURN BY MAIL TO: Melissa F.Bekisz,Esq., 828 Front Street,Suite B Greenpon,NY 11944 RESERVE THIS SPACE FOR USE OF RECORDING OFFICE { RECEIVED AGRICULTURAL DATA STATEMEN ZONING BOARD OF APPEALS MAY 0 5 202 TOWN OF SOUTHOLD Zoning hoard of Appeals WHEN TO USE THIS FORM: This form must be completed by the se permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. C 1. Name of Applicant: '4 ay- � i..i.. - m f`v���hc�LL GHQ 2. Address of Applicant: SSA . 7AxJJn Mei,cr r, he 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Descri tion of Proposed Project: 2 ,ems (2- 16. 1 Crn e I . 5,J& W, ccJl L ' ► Lot- 6.6. Locat n of Prope : (road and Tax map S-Me,lc -01"41 CrA a:i hf- number) 7. Is the parcel within 500 feet of a farm operation? { } Yes fXNo 8. Is this parcel actively farmed? { } Yes •XNo 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the-back—of this page if there are additional property owners) '1 �t Signature of 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. 617.20 Appendix B Short Environmental Assessment FormRECEIVED Instructions for Completing MAY 0 5 2022 Part 1-Project Information. The applicant or project sponsor is responsible fort e76 i5kd6W W]p1AgQqt ones become part of the application for approval or funding,are subject to public review,and may be su Iec o er ven cation. 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 y 65 z Lvyk LIC MiM611 71 , Li _P- St-G LLC- Name of Action or Project: Project Location(describe,and attach a location map): Brief Description of Proposed Action: 5p � t l � c�f"0 -- y 'K 0 , Name of Ap�/� ant or Sponsor: / Telephone. C° `Aos y Z -5 t' (�S� iJb Gtsr Sfi l�-�'� c� E-Mail: > rnAft S ' Address: 0 City/PO: ���i'1.�V1 �� State A ! Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: �I0�V)vvvlk� 3.a.Total acreage of the site of the proposed action? 5 acres b.Total acreage to be physically disturbed? p acres c.Total acreage(project site and any contiguous properties)owned i or controlled by the applicant or project sponsor? S acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑ Commercial U4�esidential(suburban) ❑ Forest ❑Agriculture ❑Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 F,r7F1T E 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? MAY 20 � rx b.Consistent with the adopted comprehensive plan? 7tyllr1e ;oard 0� Appeals 6. Is the proposed action consistent with the predominant char g ui t or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? x c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? k 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: A 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 5 C WA X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? I v b.Is the proposed action located in an archeological sensitive area? /� K 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: VL 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 culturaUgrasslands ❑Early mid-successional ❑ Wetland ❑Urban Q"Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? x 16.Is the project site located in the 100 year flood plain? NO YES K 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? 27 NO ❑YES x b.Will storm water discharges be directed to established conveyance systems(runoff-and storm drains)? If Yes,briefly describe: oNO ❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that re ult in tl jp��nt of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)?' FC�tll� If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the to a i e or c NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE �f Applicant/sponsor name;,,,.. An G � /d� Date: 3 �— Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 ^ No,or Moderate small to large MAY .Q ZO2?� impact impact may may Zoning Board of Appeals. occur occur 10. Will the proposed action result in an increase in the potenti if fai musion,flooding or arainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you.have determined,based.on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead.Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEIVE® Board of Zoning Appeals Application MAY 0 5 2022 Zoning Board of Appeals AUTHORIZATION (Where the Applicant is not the Owner) I, t�?(fS Of i n b-eiv i GZ. residing at P d 6A< s /_ Slkz Q+c;=c ---lCvj (Print property owner's name) (Mailing Address) do hereby authorize ��-hrr Q c, C 4100 i---e (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) aC rMe S h L i tv a CZ� t1) dh, (Print Owner's Name) 46r &Y-D''"Y' .5�- &Y�d� L C _ RECEIVED� MAY 0 5 12022 APPLICANT/OWNER Zoning hoard of Appeals 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. YOURNAME: VS 1P)v)X_1U ) 6n2f=q �yr LLC:� _!�nhe� S �ri- LC (Last name,first name,middle initial,unless you ar applying in the name of someone else or other entity,such s 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 }C Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring )(Other(activity) �2N ° r ®� 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 this CR day of Y✓1 yUz L 20 Signature Print Nam AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the hart of town officers and emuloyees 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. / 'n YOUR NAME : pa-,ly(U G (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) TRECEIVED Tax grievance Building PermitVariance Trustee Permit 0 5 2022r Change of Zone Coastal Erosion Approval of Plat Mooring Zoning Board of Appeals 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 t 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 this aP`iday of 20 T Signature Print Name C11y1 C_6eti /�ff60-1-1 RECEIVED Town of Southold LWRP CONSISTENCY ASSESSMENT FO MAY 0 5 2 22 A. INSTRUCTIONS Zoning noara of Appeals 1. All applicants for permits*including Town of Southold agencies,shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program.A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law.Thus,the action should be analyzed in more detail and,if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions.If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places:online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-48-3-20.1 AGENT: Patricia C. Moore The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept.X Building Dept.,o Board of Trustees X Zoning Board of Appeals X 1 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: ❑ Type: Town of Southold LWRP Consistency Assessment Form 1 RECEIVED MAY 05 002 Nature and extent of action: Existing parcel contains two Sep ZW1031dwed,af0 Wals family dwelling and a 2-story single family dwelling. A prior tX4 A 3 n#3363 f984, granted the owner up to 3 dwelling units on the parcel. The owner wishes to keep the existing two-family and the existing 2 story dwelling and subdivide the parcels so that each dwelling is located on their own single and separate parcel. Location of action 465 Brown Street, Greenport and 711 Linnet Street, Greenport Site acreage: 22,524 sq.ft.,Lot 111,293 sq.ft. and Lot 211,231 sq.ft. Present land use: improved with a two-family& single family(2 structures) Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency,the following information shall be provided: (a)Name of applicant: 465 Brown St Greenport LLC & 711 Linnet ST Greenport LLC (b)Mailing address 25A South Menantic Road, Shelter Island (c) Telephone number: (631)765-4330 (Pat) (d)Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No X If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town'of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. Yes X No ❑ Not Applicable ❑ Discussion(if appropriate) The Parcel is improved with 2 dwellings on one parcel. The Zoning Board of Appeals granted the uses in 1985 and the dwellings are existing. The application is to subdivide the parcel so that each dwelling sits on their own parcel. The lots sizes are conforming to the size of lots in the neighborhood. The neighborhood is developed on lots appearing on the Greenport Driving Park. The subject property consists of 4 lots in the subdivision of Greenport Driving Park. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold LWRP Consistency Assessment Form 2 Town of Southold. See LWRP Section III-Policies Pages 3 through or 9�l�s�t�Witeria Yes ❑ No ❑ Not Applicable X �r 5 Z � SAY o ozz Discussion (if appropriate): Developed property Zoning Board of Appeals Policy 3. Enhance visual quality and protect scenic resources t Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): existing houses do not change visual quality or scenic resources. Subdivision of the parcels will eliminate an existing nonconforming Property. Multiple dwellings on one parcel. 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 X No ❑ Not Applicable ❑ Discussion(if appropriate): houses are not subiect to flooding or erosion Policy S. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III-Policies Pages 16 through 21 for evaluation criteria Yes ❑ No ❑ Not Applicable X Discussion(if appropriate): 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 X No ❑ Not Applicable ❑ Discussion (if appropriate)no impact on wetlands. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): no impact Town of Southold LWRP Consistency Assessment Form 3 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. RECEIVED Yes ❑ No ❑ Not Applicable X the homes are existing Discussion(if appropriate): MAY 0 5 2021. PUBLIC COAST POLICIES Zoning Board of Appeals Policy 9. Provide for public access to, and recreational use ands, and public resources of the Town of Southold. See LWRP Section III-Policies; Pages 38 through 46 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): no impact on recreational resources. Homes are existing. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. See LWRP Section III-Policies; Pages 47 through 56 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion(if appropriate): 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 X Discussion (if appropriate) Not on the water or within a proximate distance to the water. 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 X Discussion(if appropriate): 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 X Discussion (if appropriate): *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 RECETU IVED MAY 0 5 2022 Zoning Board of Appeals A. fl, V A r --- 11 _ Itlt - _..,�► �- - I �" sin AIL, �• - w ` - ` -- -//.,1 „fit _ --lr. � � 1_ �n1.� �� � •��J if '_`-N` �� bs� J�- ,7 `� .`.ply• a Q.r �� �- � _ ... ` X � k z x3• 4�" 4� 4S x! t rt -rt r R ' r - + w �. .. ..�; _ •,.:is + ��.`�0�$+ � 1 a' ' ,,•gip e a•. . �r!A aV t :VVI� ! .e ���iN�'� s4!\� ��i� ,w✓r" ' `•'c ye I}t671■ �,,"�_j�)^\� j. �\���ji1/1`gax"fit. ''3+,Y�`.''�°',�i.:.''tH���k'r 1' ��'.� v ,.��yf ��b:' , •.i�� ��'. lw V h ' '- - ✓ —.�~ .. .off `'� " V51:. 1 F a$t �� °. '-'j ' ^�Y' ;:3 of .k•�. _"tom++:... � A i Qoe S: s II ♦F �`\ �7"� r e _ +r •' t �: >r>�.�n} yz b.r ram- j �. � 3«' � �. .�` ,�„ ay.. s���'"�,.� ��`y�ieT` �.�fs.� a x 24} ti. ':.lc' 1 s �iy `"_.S• �.t• a'" a7r�i,. �Y� 2 °' � �,' i'92~t- . ,x: •r`'- ♦' i � ' Ri }! ♦ Y y t tJa d �ffi ti+ y�f L kkkkk s'f° f;w- •§ � r _ter h � * si,� � t+�. { �1't �L�i,tt`Z, _.. `.";►,�M ifTf ;'�'' ;•�' -.. 7.X :"¢`it •`A�''.raS ark - _ 1� _ c •� r_ � �. �. r/gn• -� ��r � � � •-�sue, t 4't C�y G i� a 1;r'�x... ��J ,� � `�!{ �'• '� ��, �� ^Ik t, 1 �y a >.3� �,y-\a ti-.., j _a. <:vi�-'�`-�;,�'`5..��y�. � �,.i ri�S'rA � q= �i,�/ •1.���'�r f. Jam' '� �a �..,twt'ittr � s�.. � �w� S `V�{ ''�, �,y�c�`/��.T� - _ u.� s / �•� NT �`.J-a 'fir �F•w,'rr c �� �tg�i�{t <� 4����� rc � �. �' .:' :,� � Fae"_ Olt s'nR J$'A , �,,, ' ''Et r -.G'► E s R. TOWN OF SOUTHOLD PROPERT) CARD OWNER 1000 -'-4$. - 3-ap. � STREET VILLAGE DISTRICT SUB. LOT FORMER OWNER N E ' ACREAGE I . S _ W TYPE OF BUILDING RES.170 SEAS. I VL. FARM COMM. IND. CB. MISC. LAND IMP. TOTAL DATE REMARKS �� �`�-ZJ Oz 2G 1 7 .� T f f,c/a • -?8/9, yQ3. v r 6 /�/'�.� � T �e/a'!�S/i AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value Tillable I f0 a� Tillable 2 0 2 - — ---------- ----- — LU Tillable 3 — _ W C,%o Woodland w Q ' --- - - -- -- Swampland a Brushland .-► �-. House Plot Total 3 -,;C.Al 1 'A. Bldg. Foundation Both xtensio Basement Floors xte. Ext. Walls Interior Finish Extension ' v Fire Place Heart U Q � Porch Attic — - --- _ - --- --' J f---- c �,-G� Porch Rooms 1st Floor — - 3reezeway Patio Rooms 2nd Floor Sa rog a Driveway �. B. TOWN OF SOUTHOLD PROPERTY I,,5,%,%0R%0 %0A►RD OWNER STREET VILLAGE DIST.i SUB. LOT �� y kF, 1� l_ FORMER OWNER N E ACR. ' I S W TYPE OF BUILDING tFq SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS ` ' G Sod y��1 } % ,� �d Q 60 26��79 r�4/ Gs/rl... T� u t sr t, a D v n Cva i G G ,2 fro, �K✓ +�- •�"7 ��. T'f'D3,�yrh 0 6��9'/�r d. To 1 ;p_ (ti AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Finaole 1 Fillable 2 v+ a� -iilable 3 a fl. Voodiand o >wampland L FRONTAGE ON WATER 3rushland C, c FRONTAGE ON ROAD `6 X - — -- -louse Plot N DEPTH BULKHEAD "atoll DOCK ,,, yyxr.. I y 4L 3- 20 1 COLOR (;;Re e iY 9 A&M TRIM - 0 ? ' 3 Mp M. Bldg. _ Foundation ���-� '"� Both Dine e Extension Basement —/C Floors K. Extension L 2,S Ext. Walls t'` ri Interior Finish LR. o 3J o T Extension Fire Place 'AV Heat DR. 3 5 X 3 g = a Type Roof Rooms 1st Floor BR. fD Porch •� �^ 2 x S g ecreation Room Rooms 2nd Floor FIN. B. Porch 0 Dormer t L Breezeway Driveway IOc=K F/iper. W L /� Garage i 1 S Patio _ �� + 00 0. B. Totals TOWN OF SOUTHOLD PROPERTY RECOR N STREET VILLAGE DIST. SUB. LOTS Field E,'p-ed4i =ORMER OWNER N E ACR. k ^ S W TYPE OF BUILDING , iUrhd� ll � f��o, :S. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value a let U .. -) IMP. TOTAL DATE REMARKS zy ►-� r o I62 To F ;e AGE BUILDING CONDITION RS= -II G / 0 - Cousor � lei/ vo -�.9••�.l�, �/ouse f 4EW NORMAL BELOW ABOVE S Z,¢ _ � �� 31.q q _ 7S00 :ARM Acre Value Per Value T— Acre - 1 t a`�{ 5 -%a.. �,._t (ew 1y4orJ'" (aje) _Si*. i l lat 1 •J - � liable 2 liable 3 V) m -- oodland °' n iampland N o FRONTAGE ON WATER ushland w c ,�`� FRONTAGE ON ROAD ruse Plot rn DEPTH ro BULKHEAD ,tat DOCK TOWN OF SOUTHOLD PROPERTY %OARD 5WNER STREET VILLAGE DIST. SUB. ✓ LOT t FORMER OWNER N E ACR. $ W TYPE OF BUILDING R� UI- n � U �1 Ah0, ES. SEAS. VL. 3 1 1 FARM COMM. CB. MISC. Mkt. Value ,+yD IMP. TOTAL DATE REMARKS of G � - v � .�'ad z� / ,,1' ;� 7e r v 9�asec -- s/7 7s AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre lue Per Value N Acre — o a illable 2Lrp oN o illable 3LU w o /oodland c wampland tov FRONTAGE ON WATER rushland FRONTAGE ON ROAD louse Plot DEPTH BULKHEAD otal DOCK ZBA CHECK FEES - 2022 Funding Account- B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 4/25/2022 Capsis, Doric 7672 $500.00 6575 5/6/2022 5/3/2022 Appel,Serge 7673 $1,500.00 614 5/6/2022 5/5/2022 465 Brown St.Greenport, LLC OF7f-,7-r4w $1,500.00 1008 5/6/2022 $3,500.00 RECEIVED MAY 1 0 202 Southold Town Clerk Town of Southold P.O Box 1179 Southold, NY 11971 1' (, * * * RECEIPT * * * Date: 05/101.22 Receipt#: 297942 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7672 $500.00 1 ZBA Application Fees 7673 $1,500.00 1 ZBA Application Fees 7674 $1,500.00 Total Paid: $3.500.00 Notes: Payment Type Amount Paid By CK#1008 $1,500.00 465 Brown St. Greenport, LLC CK#614 $1,500.00 Appel, Serge P. CK#6575 $500.00 Capsis, Doric &Ariadne Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: 465 Brown St. Greenport, LLC PO Box 591 Shelter Island Hts, NY 11965 Clerk ID: JENNIFER Internal ID:7674 art — ar f�l 1008 465 BROWN ST GREENPORT LLC PO BOX 591 SHELTER ISLAND HTS,NY 11965-0591 �— DATE J Z7 2z— 50-6661214 PAY TO THE ORDER OF / Goy. f RS 8 T DIME FORoy,`. RECEIVED M AY 10 2022 Southold Town Clerk 3892abb1-fc89-4c7d-bf6f-157faa572d24 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times i LEGAL NOTICE 0 SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 1, 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,SEPTEMBER 1, 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. - ROLAND GRANT#7669 Request for Variances under Article XV, Section 280-62C, 280-63, 280-64B and 280-64C and the Building Inspector's February 24, 2022 Notice of Disapproval based on an application to demolish existing buildings and construct a public self-storage building with an accessory apartment on the second floor and to maintain the existing 26.8 feet by 37 feet garage/storage building, at: 1) proposed storage building measuring more than the minimum permitted 60 linear feet of frontage on one street; 2)the proposed accessory apartment use is not permitted; 3) existing storage building located less than the code required minimum front yard setback of 100 feet; 4) existing storage building located less than the code required minimum side yard setback of 20 feet; located at: 800 Horton Lane,Southold, NY. SCTM No, 1000-63-1-9. 10:10 A.M.-465 BROWN STREET GREENPORT, LLC AND 711 LINNET STREET GREENPORT, LL' Request for Variances under Article III, Section 280-14; Article XXIII,Section 280-124; and the Building Inspector's April 26, 2022 Notice of Disapproval based on an application for a two lot residential subdivision, at: 1) both lots having less than the code required minimum lot size of40,000 square feet; 2) both lots having less than the code required lot width of 150 feet,3) both lots having less than the code required lot depth of 175 feet; 4) proposed lot#2 less than the code required minimum front yard setback of 40 feet at: 465 Brown Street, Greenport, NY.SCTM#1000-48-3- 20,1. 10:20 A.M. -ANTONIOS AND STELLA BINIARIS #7671 - Request for Variances from Article III, Section 280-15 and Building Inspector's March 22, 2022 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and an accessory garage at; 1) swimming pool is located in other than the code permitted rear yard; 2) accessory garage is located in other than the code permitted rear yard; located at: 673 Summit Drive, Mattituck, NY. SCTM No, 1000-106-1-44. I SOUTHOLD TOWN BD OF APPLS 2 I 3892abb1-fc89-4c7d-bf6f-157faa572d24 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 10:30 A.M.-SERGE APPEL AND EVE BATES APPEL#7673 - Request for Variances from Article XXIII, Section 280-124 and Building Inspector's March 11, 2022 Notice of Disapproval based on an application for a permit to construct additions to an existing single family dwelling; at; 1) less than the code required minimum front yard setback of 40 feet; 2) less than the code required minimum side yard setback of 15 feet; 3) less than the code required minimum combined side yard setback of 35 feet; located at: 8520 Main Road, East Marion, NY. SCTM No. 1000-31-7-4. 10:40 A.M.-JOHN AND PATRICIA STACK#7675 -Request for a Variance from Article IV, Section 280-18 and the Building Inspector's May 3, 2022 Notice of Disapproval based on an application for a permit to construct additions to an existing single family dwelling; at; 1) less than the code required minimum front yard setback of 50 feet; located at: 7650 Nassau Point Road Cutchogue, NY. SCTM No. 1000-118-3-4.1. 10:50 A.M.- ELYSE JAMES AND JOHN SINNING, ETAL#7677- Request for Variances from Article III, Section 280-14 and the Building Inspector's April 6, 2022, Notice of Disapproval based on an application to permit a lot line change to create a non- conforming lot, 1) proposed lot 1.4 at less than the code required lot size of 80,000 sq. ft.; 2) proposed lot 1.4 less than the code required minimum lot depth of 250 feet; located at 5000 Paradise Point Road and 5300 Paradise Point Road, (Adj.to Peconic Bay)Southold,. SCTM Nos, 1000-81- 3-1.4. 11:00 A.M.-JOHN SMYTH AND MARGARET SMYTH#7678 - Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-109-2-13.3 which has merged with SCTM No. 1000-109-2- 13.4 or 1000-109-2-13.6, based on the Building Inspector's May 10, 2019 Notice of Disapproval, which states that a non-conforming lot shall merge with an adjacent conforming or non- conforming lot held in common ownership with the first lot at any time after July 1, 1983 and that non- conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq.ft. in the R-40 Residential Zoning District); located, at 26745 Route 25, Cutchogue, NY. SCTM Nos.1000-109-2-13.3, 1000-109-2-13.4, 1000-109-2-13.6. 1:00 P.M.-ALLISON UKLANSKA AND PIOTR UKLANSKI#7679- Request for Variances under Article XXIII, Section 280-124 and the Building Inspector's April 28, 2022 Notice of Disapproval based on an application for a permit to construct a deck addition to an existing single family dwelling, at: 1) deck located less than the code required minimum side yard setback of 10 feet; 2) deck addition places the existing swimming pool in other than the rear yard;at: 55 Knollwood Lane, (Adj. to the Mattituck Creek) Mattituck, NY. SCTM#1000-107-6-12. 1:10 P.M.- LORELEI AND LEIF GOBEL #7690- Request for Variances from Article III, Section 280-15 and Building Inspector's May 27,2022 Notice of Disapproval based on an application for a permit to legalize an "as built" accessory shed and construct a sunroom addition to an existing single family dwelling, at; 1) located in other than the code permitted rear yard; 2) reverse a prior variance condition on Appeal No, 5696 SOUTHOLD TOWN BD OF APPLS 3 I a 3892abb1-fc89-4c7d-bf6f-157faa572d24 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times that requires the deck to remain open to the sky; located at: 1100 North Sea Drive, Orient, NY. SCTM No. 1000-15-3-38. 1:20 P.M.- 16125 SOUNDVIEW REALTY, LLC. #7670-Request for a Variance from Article XXII, Section 280-116A(1) and Building Inspector's April 13, 2022 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool at; 1) less than the code required 100 feet from the top of the bluff; located at 16125 Soundview Avenue, (Adj.to the Long island Sound)Southold, NY. SCTM No. 1000-50- 2-19, 1:30 P.M.- DANIEL AND LINDA LYNCH#7659SE—(Adj.from August 4, 2022) 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: 2070 Grathwohl Road, New Suffolk, NY. SCTM#1000-117-2-14. 1:40 P.M.-MELISSA HOBLEY#7645—(Adj.from August 4, 2022) Request for variances from Article III, Section 280-15; and the Building Inspector's February 10, 2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing accessory garage; at 1) located less than the code required minimum front yard setback of 40 feet; 2) located less than the code required minimum side yard setback of 15 feet; located at: 2826 Great Peconic Bay Boulevard (Adj.to the Great Peconic Bay), Laurel, NY. SCTM No. 1000- 128-6-21. 1:40 P.M.-MELISSA HOBLEY AND PAUL YAU #7646SE—(Adj,from August 4, 2022)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: 2826 Peconic Bay Boulevard (Adj.to the Great Peconic Bay), Laurel, NY. SCTM#1000-128-6-21. 2:00 P.M.- 160 ROUTE 25, LLC#7598SE—The applicant requests a special exception pursuant to Article VII I,Section 280-38 B(3), stating that special exception approval from the Board of Appeals is required to construct apartments over businesses and professional offices; consisting of four(4) buildings to contain medical offices on the first floor with forty(40) apartments on the second floor; located at 160 Route 25, Greenport, NY. SCTM No, 1000-34-2-1. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals (ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please phone our office at(631) 765-1809,or by email: kimf@southoldtownny.gov. Dated: August 18, 2022 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON SOUTHOLD TOWN BD OF APPLS 4 I 3892abb1-fc89-4c7d-bf6f-157faa572d24 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times By: Kim E. Fuentes 54375 Main Road (Office Location) VG 53095 Main Road (Mailing/USPS) P.O, Box 1179,Southold, NY 11971-0959 i SOUTHOLD TOWN BD OF APPLS 5 3892abb1-fc89-4c7d-bf6f-157faa572d24 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times ` State of New York, �Vt County of,Suffolk, 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: August 25, 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. l Signature Eliot T. Putnam Printed Name Subscribed and sworn to before me, This 25 day of August 2022 otary Signatur C VAS I1' O � '• S1P`7E � OF NEW YORK ' >\OTARY PUBLIC M � '. Notary Public Stamp rr '. Mttea.u9xari ;,�'% .•. . .• tea• •.• i SOUTHOLD TOWN BD OF APPLS 1 ' I BOARD MEMBERS 0� soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora #[ Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 0 aQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento lij'COUNN\� 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, SEPTEMBER 1, 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. SEPTEMBER 1, 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.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownnv.gov/calendar.aspx. 10:10 A.M. - 465 BROWN STREET GREENPORT, LLC AND 711 LINNET STREET GREENPORT, LLC #7674 Request for Variances under Article III, Section 280-14; Article XXIII, Section 280-124; and the Building Inspector's April 26, 2022 Notice of Disapproval based on an application for a two lot residential subdivision, at: 1) both lots having less than the code required minimum lot size of 40,000 square feet; 2) both lots having less than the code required lot width of 150 feet, 3) both lots having less than the code required lot depth of 175 feet; 4) proposed lot #2 less than the code required minimum front yard setback of 40 feet at: 465 Brown Street, Greenport, NY. SCTM#1000-48-3-20.1. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631) 765-1809, or by email:kimf@southoldtownny.gov. Dated: August 18, 2022 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 J Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 Cn Southold,New York 11971-0959 Fax(631) 765 9064 ZONING BOARD OF APPEALS /) ql� DATE: August 1, 2022 RE: INSTRUCTIONS FOR PUBLIC HEARING 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 September 1, 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. pBelow, please see instructions required to prepare for.the ZBA public hearing which includes: PLEASE READ CAREFULLY. 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 August 24, 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 along with the mailing receipts and green cards by August 24,2022, 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 Heari .o Page 2 MAILING INSTRUCTIONS: Please send by USPS Certified Mail, Return Receipt 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 August 12,2022. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimf@southoldtownny.gov or elizabeth.sakarellos@town.southold.n�us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls>2010-2021 >2021 http://southoldtownny.gov/DocumentCenter/View/8779/FinalRo112021-Amended iIMPORT.ANT INSTRUCTIONS: Scan'and:email the USPS mailingreceipts, green signature'.cards.and affidavits to P g g kimf(a),southoldtownny.gov,'and ** PROMPTLY USPS_MAIL** the ORIGINALS to ,the"Town.of Southold,.ZBA, P.O. Bog 1179, Southold,NY 11971. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter SS of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant Laserfiche instructions for Zoning Board of Appeals Records —T-O W. P z, •.0u,T- UGILD 'S4�CIAL MMIA T 91 IS �*21�11 Av M Mi 01 y 44 F- il Above: Homepage, Click on Link "Town Records"Weblink/Laserfiche Laserfiche Webt-in k MyWehl:nk 1 H?Ip Ab-t I SSnO,,t Home Browse Search To%-vnOfSouthDId TownOfSouthold Name Page count Template I name n Entry Properties To clerk -j — , Town Hist-an Path Creation date Z-0-Board of Appeal,JZBAj S.1512014 1!:52AIAM Pogo 2 of 2 ri,u a 1 -2 29 Entries Last modified 1,12.12017&M27AXI A Metadata Ho assivied Above: -The second of two pages you will find "Zoning Board of Appeals (ZBA)" in the list of Town of Southold Departments. Click the Zoning Board of Appeals (ZBA) folder/link. l Laserfiche Instructions ZBA Files Page 2 Laserfiche WebLink , aM M7 webunk I Help I -boot I Sgn(nrt Home Browse Search Town0fSouthold>Zoning Board of Appeals(ZaA) Zoning Board of Appeals Name Page count Template name " (ZBA) \1`Alphabetical Index Entry Properties 7 Board Actions Pd[h j,, Laserfiche Search Guides Texnt)fScuthn;'clZoning BC,dr, hfeetlng Schedules of Appeals(ZBA) Minutes/Agendas/Legal Notices,'Heanngs Creation date 1 Pending 7/1of2u)l'2:17.16 PM Reports Last modified 5:e311017 1!:07:14 AM ,_'Special Event Permits Training Requirements ZaA Ofaoals MPtdddtd r;�Za.4 Policies No meladataassi,^ned Excepbons List Code 280-ioc t3) t ld)unsdictlon Listing f Q ZaA Book of Mapped 1977 Exlsnng Lots 189 ocedure&Results :om/heeafJpep-smea61hes1 nq Bulk Schedules 5 Agreements.Contracts a,Leases Page!of 1 l la Entries Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on "Board Actions"folder to open. - ------------- -------- -- i6 Most Visited a Getting Started lQ Southold,NY-Officia... i j NetZera-My NetZerci Date Duration Calcula... �R TownOfSouthold-La... < Southold-Cor Laserfiche WebLink e Home Browse Search TownCfSouthold>Zoning Board of Appeals(ZBA)>Board Actions>Pending Pending ;.Name-.. - 2 Entry PrOpertie5 _J 8025 MAIN ROAD LLC,CARDINALE [`]C&L REALTY-Withdrawn Path _ r7 IEMCAP SD 1 LLC ,,�•=,;gy'�,��jt�`„� g,(i,� 1;i,�°;;? iL �(PECONIC RECYCLING TRUCK THE ENCLAVES Creation date #7370-Frend 1000-128-6-6 3/23/2017 11:36:07 AMI Last modified #7379-Solutlons East 1000-13-3.1 61912020 3:58:58 PM #7383-Spiller 1000-59-5-8.3 ' #73845E-HNF Resorts,Mydon Resorts-Campground-1000.40--3-5 A Ivietadata - #7385 SE-Fried 1000-50-1.13.1 No metadata assigned ]#7386 860 Bayvie'n/Drive-LLC 1000-37.-5-10.1 #7387 Hard Corner 1000-61-4-1 #7387 Hard Corner-SITE PLAN-Arch Plans 1000-61-4-1 #7388-Minton Irrev.Trust 1000-128.-2-20 #7389 Benic 1000-71-1-4 #7406-Nappa 1000-88-1.1.5 Page 1 of 1 Above, Lists all Pending Applications under Board Actions/Pending LIRL Address, Link is http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0 Laserfiche Instructions ZBA Files Page 3 Laserfiche WebLink My wehuni,Help I Ab i i Sign Ot,1 Home Browse Search T—nOfSouthuld>Zuning B0ar00:'Aopea%(ZBAi>Board Actions Board Actions Name Page court Template name ,. }''l 1957-1979 R Entry Properties 1980.1999 Path 'Y 2000 ".—Ors0uih01d4'OnIPg Board I- oFAppealst'_3i,)\D)ard Actions 2001 Creation date 17 2002 7/1012031 17:21:55 PM L7 2003 Last modified 2004 31262017 11:3s.e7 AM r;2005 A Metadata 2006 No metadala 2007 2008 2009 IY0.esults I-2010 slthfpep-_meer+Uses21 t. 2011 L' 2012 2013 201.1 2015 2016 2017 Pending nv/.heel:hfne.contT<adh/papsmee.sUtc:2 a Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". lame Browse Search Tn++n015-11,1M Rr2ng&--t:J of RPr✓d1fZAAp Bnud.::Ihrn;.201] 2017 °aam° Paga mint Temprate nama S Entry Propeine5 6603 397 Bwrd Mbon, 073 :B Bwrd Knent Path !g 699] 9d t-,rDlt,;.In•iJ.:]r na supr•A Bwrtl:Nons •:f.tcr.<..:t!cennen.r i3]p01 100 6wro Kdoni ...4c[,s110�a N:WD a6 Bwrd KnOns Ueatbn dale 701. ><, Ihh3"??�0'17 AM 8wro Ac4om Last modIRd !:I:G,2 75 eoud a¢cns :ir.N L)1701e ,16 Bwrd K[kns Metadate Ol]Of5 B] Beard K4oni )O:a B3 Bwrtl Mons fl.nel.d.it3 Y.'+;tn--.id ..^.B)Ot) )D Baartl Kllons Lr]0,8 SG ewrd Mani g]01D 56 Bmq Knom �h A30 Sd BwrdANwi 702, 59 Baaltl nNMN h".Mt: ]5 Baud KtDna .a 7023 335 eoa•dallons d]oia Ee eaaroact Dns 'a 7025 21'. 0—d Moan, iQ]BI] 90 9wrdMwv i.]]0]9 d3 eaartl A—M -�ro29 3 Baa.•d—I Above: See listed File Numbers. Click on file you are searching. �v Laserfiche Instructions ZBA Files Page 4 eashel Above: In addition searching by file no.You can also use the above search tool by typing the name or title of the applicant. Laserfiche Web Link cAsh�l '� n1 Home Browse Search urn Cust-11.e seardl a Sort results br Relevance Records m...gemant Snatch u L A 7016 Reid name Board Actions-B3 page(s) O,aase Bald Page count:83 Template name:Board Actions Reset Page 3...:Colin and Kristen Cashel PROPERTY LOCATION:162 Lower Shingle Hill,Fisher... Pale...,11,2011 P7016.Lashel IM No.1000-9-116 minlmus approval to Pagc 5..y 19.2017#7016,Cashel SCfM No.100D-9-1.26 GRANT,the variances as Search te—s ^age S...COLIN L KRISTEN CASHEL SECTION D09 BLOC... sage_0...Thomas Ahlgren(Cashel).PO Box 342 Fisher,Island.NY... s show more Information... E-1.7018 Board Actions-S6 page(s) Page count;56 Template name:Board Actions Pace-g..,9:30 A.M.-COLIN CASHEL AND Variances under Anccle Id.Sectien ANN... e-3.-ance(s)KRISTEN CASHELk7016-Request proposed trellis located in other the... show more information... Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.-1-1. Laserfiche WebLink ar•.ve6Ln,� Help; 151; Home Browse Search TownOfSouthold+Zoning Board Of ADpedls(7BA).Mlnutes/Agendas/Legal Notices/Heanngs Minutes/Agendas/Legal Name Page count '.TemPlatename - Notices/Hearings I";11957-1979 Entry Properties I5so-1999 2000-20o9 Path T.,r,G'SounnidCZoil ng Beard -_2D1 D of A::peal> L-A 2011 (7.BAI\h11nUCCS`AgenadS/L^gal V.•HCeshlean!,gc ,:.;2012 Creation date ,_2013 71-012tX,I:57:40PNI (^12014 Last modified -,lots 17.'i6/2016 2:15'14 PM - "•2D16 A Meladata -�2017 No m.wdau assigned Page I of 1 TT Enti Above:Also, Minutes,Agendas, and Hearing Transcripts can be viewed. Laserfiche Instructions ZBA Files Page 5 Laserfiche WebUnk .� fAyWebunk Help•About Home Browse search TOwnOfsouthOld>Zoning BOald Of Appeals IZBA)>Minutes/Agendas/Legal NOCILes/Heanngs>2017 2017 Name Page count Template name A Entry Properties .„i 28A-01/05/2017 7 ZBA-01 M5/2017 Agenda q Path ZBA-01/05/2017 Hearing d0 7'Own0fS0ULhOlcRZonnp,Board of Appeals ZBA-01/052017 LN 3 1ZBARMinuleS.Agendas/Legal ZBA-01119/2017 2 NOUCesH;eanogsl2017 Creation date �]Z13A-01/19/2017 Agenda 2 17/16/2016 2:15:14 MA 4.d ZBA-0210212017 7 Last modified _ ,y ZBA-02/02/2017 Agenda q G11 912017 4:53:59 Ph' �ZBA-02J0212017 Hearing 45 R Metadata ZBA-02102/2017 LN 3 L.I ZBA.02/16/2017 Agenda 3 No I1letadMa assigned d;ZBA-02/16/2017 Special 3 :edure LResults I '-_}ZBA-03/02/20I7 7 MhealtlUpap meaAUses2 -:ZBA-03102/2017 Agenda q -,j ZBA-03/02/2017 Heanng 65 ZBA-0310212017 LN 3 ZBA-0 311 6/2 01 7 Agenda 3 �I ZaA-03/16/2017 Special 3 ZBA-Oq/06/2017 5 v;ZBA-DW06/2017 Agenda q ZBA-04/062017 Heanng qg Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 '14UTI H [" 14 The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBIPIAR - Follow pink - httpm.//Southoldtownny.gov/calendar.aspx FAME mo 465 BROWN ST . GREENPORT LLC # 7674 SCTM # : 1 000-48-3-2081 JARIANCE : SUBDIVIDE LOT REQUEST: SUBDIVIDE LOT TO MAKE TWO LOTS E , AT E THURS. SEPT. 1 , 2022 10: 10 AM You may review the file(s) on the town's website under Town Records/Weblink: ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 5, r' t . ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT 465 BROWN STREET GREENPORT LLC OF MAILINGS Appeal # 7674 SCTM Parcel #1000-48.-3-20.1 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Jaimie Lengyel, residing at Cutchogue, New York, being duly sworn, depose and say that: On the 12t" day of August, 2022, 1 personally mailed a true copy of the Notice set forth in the Zoning Board of Appeals Application, directed to each of the persons listed on the attached list at the addresses set below their respective names; that the addresses set below the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said notices were mailed at the United States Post Office at Southold, New York,that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. J Jalmle Lengyel Sworn to before me this 12 day of August, 2022 AL(Notary Public) KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 MOOS ES E• �'k i%t"OFFIC A Signature -- - -- 194gent 51020 MAIN ROAD X ' �, _ Addressee SOUTHOLD NY 11971 . Re' ed by(Printed Name) VY7e?s ate of elivery 1. Article Addressed to: D. Is delivery address different from item 1? If YES,enter delivery address below: ❑No SUSAN REEVES 1 704 BROWN`(°ST,-F..L T GREENPORT NY-';:1;':1944 III II III IIIII IIIIII III IIIII(IIIIIIIII IIIIII 9290 9902 7906 6900 0016 66 2. N r 0 3. Service Type N Certified Mail@) ❑Certified Mail@) ,, 616 62 RestrictedDeWery I v PS For 3811 Facsimiles, July 2`0i5 i `'` ,.. 1 �' Domestic Return ,�ceipt' MOORE LAW OFFICES A. gent 51020 MAIN ROAD x( lb Addressee SOUTHOLD NY 11971 j y(Printed Name) ate of elivery S 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes D O U G L A S ` ORRIS If YES,enter delivery address below: ❑No 725 GREENNOR'It.'":141`7 11944 III II IIIIIIIII�� II III IIIII(IIIIIIIII IIIIII 9290 9902 7906 6900 0016 28 , 1 6 2 4 3. Service Type N Certified Mall® �.Certified Deli Restricted ery I� -I L f-IUC I`1L16b LLII LIL :: . .` . . :::::: is • . FiS'Form 3811`Facs7rr'mile,`July,_ Q'1'S _ Domestic Return Receipt I . . . - - zignature '•`'• • gent MOORE LAW' OFFICES " Addressee 51020 MAIN .ROAD -- SOUTHOLD NY 11971 X I lb Received b d Name) C. D to of Delivery� 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes JOHN DINIZIO JR•, If YES,enter delivery address below: ❑No � _.. 627 BROWN STREET.'. GREENPORT NY 1,3'F 4.4 IIIIII III(IIIIIIIII III IIIIIIIII IIIIIIIIIIII�..�:� 9290 9902 7906 6900 0016 73 Jy 3. 5er91ge Typ-a .. N Certified Maile ❑Certified Malle u,., 2 6.NUg14?fr ] J�O� IJ��ei � 6 79N ;`t'h "; ,r"` RestiictedDeliveryi `if ii FS Form 3`81i 1 Facsi'mlfe; July 261'• Domestic Return f ece►pt �1 ............_.......... s e • . a o MOORE LAW OFFItta A. Signature ❑Agent 51020 _MAIN ROAD X� P n ❑Addressee SOUTHOLD NY 11971 \C— B. Rece y( nted Name) C. Date of Delivery ti 1. Article Addressed to: D. Is delivery addressR ent fro m 1? ❑Yes J A M E S P & M A R I A S C U L L Y If YES,enter ery add s below: ❑No 1960 RALPH COURT Ga'•i16w��� WESTBURY, 'wN,Y 11590 ' L✓'f pn ri �`Ot9�J IIIIIIIIIIII����III IIhIIIIIIIIIIIIIIIIIIII •,,z . . -���� �-•: •.�• 9290 9902 7906•' 6900 0016 59 2. I N ro I �L 3. Service Type N Certified Mail® ❑Certi f6d Mail& ' '��I � r � �� U L 6 55 Y. Restricted'Delivery,,_ . PS Form 38:11' 'Facsiinile, Jufy 2015. t wU r;" Domestic Return'°Receipt - MOORE LAW OFFICES A. gnature ent Addressee 51020 MAIN ROAD SOUTHOLD NY 11971 X eceived b ( rioted Name) C. D to oD livery 1. Article Addressed to: D. Is delivery address different from item 1? ❑ es If YES,enter delivery address below: ❑No ENRIQ ...iM MERCEDES ALVAREZ 414 SIXTH 'STREET GREENPORT, NY 1 1944 III II III IIIIIIIIIII II I I III II I IIIIIII III I it 9290 9902 7906 6900 0015 98 2. Article Number�7ransfer from service lab eJl 3. Service Type N Certified Mail® [I Certified Mail® 9214 7902 7906 6900 0015 94 Restricted Delivery PS'Form 381 Facsimle, July 2015 Domestic Return Reo t MI e ® o • s ® r OFFICES A. S' a ure gent " 'd `MAIN ROAD �L-` Addressee SOUTHOLD N--Y- 11971 X B. y(Printed Name) C D to of Delivery 3 1. Article Addressed to: D. Is delivery address different from item 1? El Yes SELDOi���T�C;' LAREAL If YES,enter delivery address below: El No - �;;'u';�� 806 LIfJitr.:'.:rtiTREET u GREENPORT, 7NY 11944 ;. III III IIII111111111 III IIIII(IIII IIIII III I II ` 9290 9902 7906 6900 0015 81 2.ql�i I N p fro r e 1 I 3. Service Types ®.Certified Mail® ❑Certified Mail®' �gl � rir �6 6 U� 5 87 141, ._;,r RestrictedDeliv4iy, Ps. ,:.. Fofm�38�11" Facsimile; July-.20T5 -":Domestic Returh Re'��,ipt RECEIPT RE;'J 4`''T RECEIPT RECEIPT 9214 7902 7906 6900 0016 31 9214791 i 6900 0016 24 9214 7902 7906 6900 0016 17 9214 7902 7906 6900 0016 00 FROM: FROM: FROM: FROM: Moore Law Offices Moore Law Offices Moore Law Offices RE:OLINKIEWICZ RE:OLINKIEWICZ Moore Law Offices RE:OLINKIEWICZ RE:OLINKIEWICZ ' SEND TO: SEND TO: SEND TO: SEND TO: Russell L.&Florence E.Smith Douglas A.Morris Jackson A.Taylor Robert West End Ave w Avenue,Apt.12E Michele Semle 725 Linnet Street 351 W.24th Street,Apt.13H 707 Linnet Street Greenport NY 11944 New York NY 10011 New West End PO Box 248 New York NY 10025 4 Greenport NY 11944 FEES: FEES: FEES: ., FEES: Postage 0.81 Postage. 0.81 Postage 0.81 Certified Fe w Postage 0.81 yr re ,;f�� 00 Cert ed Feed ra.�� 4 00 Certified Fee" 4.00 Certified Fee 4.00 �4 r.Yw> Return Racep� 3 5 Returta.ReceiptTZ, �.25 Return Receipt 3.25 1. �r W I',' Return Repeip�bf4:— 3.25 P Restrictgy,,� R@stricted r Restricted ^" Restricted ��s lb'(f it /� rid t y` '" , c TOJT L $8.06� TOTAL 8f06 TOTAL" $8 067 Li pr` '�, , POST KZ6 � M+ .I sr-F A' CS do-` POSTMARK O ARE":�. PO�,TMARKO`A t rrl ri {r,y � +,s �� 4y 1 JV _yn+A '.y^, s�o»u.w ♦ �,n�a,.. .y. ""'a. RECEIPT RECEIPT RECEIPT RECEIPT 9214 7902 7906 6900 0015 94 9214 7902 7906 6900 0016 79 9214 7902 7906 6900 0016 62 9214 7902 7906 6900 0015 87 FROM: FROM: FROM: FROM: Moore Law Offices Moore Law Offices Moore Law ices RE:OLINKIEWICZ RE:OLINKIEWICZ Moore Law Offices RE:OLINKIEWICZ RE:OLINKIEWICZ I I i �I SEND TO: SEND TO: SEND TO: V SEND T Enrique&Mercedes Alvarez John Dinizio Jr. Seldonio Villare al Susan Reeves 414 Sixth Street 627 Brown Street 704 Brown Street Greenport,NY 1 1944 Greenport NY 11944 806 Linnet Street Greenport NY 11944 e Greenport NY 11944 FEES: / FEES: FEES: FEES: Postage 1 postage 0.81 r 0.81 Postage 0.81 Postage �. .�», Certified Fee 4.00 Cerfrfied Fee 4.00 g �� 4.00 Certifie Aee'I`y' '��? "4.00 Retum,Rgce"i't}�i• e� �3.25 3.25 Certified FF!e Sj,�-'mZ,. P„„$ Return Receipt Retum aceipL 2, Return`Receipi Restrictedr ? �� Restricted ^ � f7tk:$4 a Restrct �ad"' Re'sic4ted A ( > ' m TOTAL $°8�06, TOTAL,,, $"8.06� T©TAL $ 06 OTAL ems . C3 PQS - RKtO i�A`rE POSTMARK OR DATE, F 8T{ g6 ATE ', POST R�OR GATE rn env '�`�^�.4, .�i �•� t�Y F 4�.,iq,',/ ��°"{ tm w M"d 4 +,may"y d`2 0�� ^^'f.»,"' o'd ,N �,✓ � ii°° !% 'i Ar`✓i!'i `�+ A Z ITM`%,4�»'�°" j RECEIPT RECEIPT 9214 7902 7906 6900 0016 55 9214 7902 7906 6900 0016 48 FROM: FROM: Moore Law Offices Moore Law Offices RE:OLINKIEWICZ RE:OLINKIEWICZ I SEND TO: SEND TO: James P.&Maria Scully Patrick M.Gagen 1960 Ralph Court PO Box 215 Westbury,NY 11590 Greenport NY 11944 FEES: FEES: Postage Postage _, 0.81 Certified�eq�, 4;00 Certified Feue , 4.00 Return,Rd.Cb 132,5,b Return Rec`ei613.W(� 3.25 r Restritted '' `Ckk' Restri yfe°d� v "may�Q� TEO!ML $[[��1�06� a' �TO TAIL POST�n(t,�rcn�4lST,E ° pOSTM RK�p' }�AE j \ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------X � In the Matter of the Application of AFFIDAVIT OF POSTING #7674 Regarding Posting of Sign Upon Applicant's Land Identified as 1000-48.-3-20.1 ------------------------------------------------------------- -X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, of Southold, New York, being duly sworn, depose and say that: On the 22"d day of August, 2022, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, September 1, 2022 at 10:10 am. P9f6id-ia C. Moore Sworn to before me this 2-2 day of aqust, Note c -P Notary Public KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Qualified in Suffolk County My Commission Expires 08.0272026 Olinkiewiez Mailing List 1 ` 48.-2-37 48.-3-21 Seldonio Villareal Susan Reeves 806 Linnet Street 704 Brown Street Greenport,NY 11944 Greenport,NY 11944 48.-2-38 48.-3-42.3 Enrique &Mercedes Alvarez John Dinizio Jr. 414 Sixth Street 627 Brown Street Greenport,NY 11944 Greenport,NY 11944 48.-2-39 Robert Chausow&Michele Semler 875 West End Avenue, Apt. 12E New York,NY 10025 48.-2-41 Jackson A. Taylor 351 W. 24th Street, Apt. 13H New York,NY 10011 48.-3-7.2 Douglas A. Morris 725 Linnet Street Greenport,NY 11944 48.-3-11.1 Russell L. &Florence E. Smith 707 Linnet Street PO Box 248 Greenport,NY 11944 48.-3-16 Patrick M. Gagen PO Box 215 Greenport,NY 11944 48.-3-18.1 James P. &Maria Scully 1960 Ralph Court Westbury,NY 11590 r• r r T ..fib _ Ly ,u/ y � 1r� '�,�h• `fix !1 '`' � � Mj��' -. 153, � .11 j. • F �� /. F -� i _ a BOARD MEMBERS ®F SO Southold Town Hall Leslie Kanes Weisman,Chairpersons �$'� 53095 Main Road • P.O. Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��c®UNT`I,� J Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD �F CFJV E® Tel.(631)765-1809 •Fax (631) 765-9064 AUG 1 2022 MEMO Southold-town TO: Planning Board Planning guard FROM: Leslie K. Weisman, ZBA Chairperson DATE: August 17, 2022 SUBJECT: Request for Comments ZBA #7674 — 465 Brown Street Greenport, LLC The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, and current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. Applicant: 465 Brown Street Greenport, LLC Tax # Zone District: 1000-48.-3-20.1 ZBA#: 7674 Hearing Date: September 1, 2022 Code Section: Arti III Sec 280-14 Date of Stamped Survey May 4, 2022 (last revised) Preparer of Survey: Kennethy Woychuk Land Surveying PLLC Thank you. Encls. BOARD MEMBERS �F SOUr Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora ^: Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • �OQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento C''-UNV� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS May 5, 2022 TOWN OF SOUTHOLD 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 : # 7674 465 Brown St. Greenport, LLC Action Requested : Subdivide lot Within 500 feet of: ( ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District (X) 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 C it er!7q�e By: (� Survey/Site Plan : Kenneth M. Woychuk Date : Sept. 18, 2021 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson *Q� SO ® 53095 Main Road •P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road (at Youngs Avenue) Nicholas Planamento 0®UN Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS September 20,2022 TOWN OF SOUTHOLD Patricia Moore Tel.(631)765-1809•Fax (631)765-9064 Attorney at Law 51020 Main Road Southold,NY 11971 RE: Appeal No. 7674, 465 Brown Street, Greenport SCTM No. 1000-48-3-20.1 Dear Mrs. Moore; Transmitted for your records is a copy of the Board's September 15,2022 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Please be sure to submit three (3) Surveys for each lot as per Condition of Approval: Final Revised signed and stamped (3 surveys for each lot) surveys of both separate lots shall be submitted to this Board, showing the one-story building fronting on Brown Street as a two-family dwelling, the two-story building fronting on Linnet Street as a single-family dwelling, and the location and type of sanitary system on each lot. The applicant shall receive subdivision approval from the Southold Town Planning Board. Failure to do so with render this decision null and void. 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. Sincer ly; Kim E. Fuentes Board Assistant Encl.: cc: Building Dept. S.C.T.M. NO. DISTRICT: 1000 SECTION: 48 BLOCK: 3 LOT(S):20.1 RECEIVED U.P.g MAY 10 2022 Zoning Board i(O'Appeals LINNET STREET EDGE OF PAVEMENT U.P0 S 82046'10"E 100.00, h w z C CONC. '0 100.00' w W.M. STOOP d• 10. z o18.9' a - a4 LOT 38 �+ N 2 � •�'':�DWELLING:';; o N •...o Fr N O M.H. 1 8 LOT 36 LOT 2 CONC. STOOP Y 2 lla 0.3'W r< U CONC. w X— Lor so LOT ss sLAe o LOT-61 U 1.1'W N 83006'30"W 100.00, z o s'w PROPOSED LOT LINE — LOT 34 6' STOCKAD z LOT 2 LOT 26 LOT 28 Z LOT 1 REAAR `'FC — - - ' N 0:3' r. CONC. w STOOP m N �0 J N LOT 32 I N l MU.VE ' ::::.:::;...:MULTITFAh11LY'•: `.:`' `::`: :::}::: +•:::::;.:::::':':':::::...:i:DWELL(NG•:::':r:;::'::::.::::i:::•::::; io "� CONC. 14.2' :::::::,::'::::::::: .. .... STOOP w COVERED M STOOP �' ;:::::::::. 1 . "n CONC. AT 0 Za STOOP LOT 30 L� U) 0 _ _MOH. u F ;� 100:00' co N 82044'30"W 100.00, = MON. DRAIN It M� Ig / I EDGE OF PAVEMENT I BROWN STREET I bHYD. � • U.P. SUBDIVISION SKETCH AT BROWN & LINNETT NON—CONFORMING LOTS REVISED 05-04-22 LESS THAN 20,00 S.F. REVISED 02-07-22 FRONT YARD: 35' MIN LOT 1 11,293 SQ.FT. Or 0.26 ACRES SIDE YARD: 10'MIN, 25' TOTAL THE WATER SUPPLY, WELLS, DRYWELLS.AND CESSPOOL LOT 2 11,231 SQ.FT. Or 0.26 ACRES REAR YARD: 35' MIN LOCA77ONS SHOWN ARE FROM FIELD OBSERVA77ONS AND OR DATA OBTAINED FROM OTHERS. AREA: 22,524 SQ.FT. or 0.52 ACRES ELEVA77ON DATUM.• UNAUTHORIZED ALTERA77ON OR ADDI77ON TO THIS SURVEY IS A VIOLA77ON OF SECTION 7209 OF THE NEW YORK STATE EDUCA77ON LAW. COPIES OF THIS SURVEY MAP NOT BEARING 7HE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID 7RUE COPY. GUARANTEES INDICA7ED HEREON SHALL RUN ONLY TO 774E PERSON FOR WHOM 774E SURVEY IS PREPARED AND ON HIS BEHALF TO THE 7777E COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TU77ON LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INS77TU770N, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE S7RUCTURES ARE FOR A SPECIFIC PURPOSE AND USE 7HEREFORE 7HEY ARE NOT INTENDED TO MONUMENT THE PROPERTY-LINES OR TO GUIDE 7HE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND .07HER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCUURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 77ME OF SURVEY SURVEY OF: LOTS 26,28,59 & 60 INCL. CERTIFIED TO: JAMES OLINKIEWICZ; MAP OF: GREENPORT DRIVING PARK EMILY REEVE; DIME COMMUNITY BANK; FILED: DEC. 1, 1909 No.369 465 BROWN ST GREENPORT LLC; 711 LINNET ST GREENPORT LLC; SITUATED AT: GREENPORT . STEWART TITLE INSURANCE COMPANY, TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design P.O. Bog 153 Aquebogue, New York 11931 PHONE (631)298-1588 FAX (631) 298-1588 FILE #221-185 SCALE:1 "=30' DATE: SEPT 18, 2021 N.YS LISC. NO. 050882 maintaining the records of Robert J. Hennessy & Kenneth M. Woychuk MATCH POALINE �O 8 FOR PCL NO. SEE SEC.NO. ,. 0424Ht29 $m, N322,986.)3 M N72Z4'2SE 5•1. t4iT'2E 7521• 4'S-a - 3� RD. g ,1 12 tax- 46!1�j -✓L I I ' � ' 17 (� 25 3 23� 1m .In ST• x " 361 I O 11� .ss O 1 34 (/� GINS 31 32 _ i WIG ,0$ 30 _ 3 371 I R A ls. 24 38 o O on ,m ' u, I �I a, a+�, �6 D I Y N't I cm! ao, s m $ 27 ,T (,m III Yyq — III 'll v B II 42 ,ez 43 I A. 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