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Lt ism. Owner: North Fork Project LLC File #: 7687 Address: 5670 Mill Rd pi A Code: 18RL Agent Info Mr. Martin D. Finnegan P.O. Box 1452 Mattituck, NY 11952 Phone: 631-315-6070 Fax: Email: mfinnegan@northfork-legal.com BOARD MEMBERS ®f so Southold Town Hall Leslie Kanes Weisman,Chairperson 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 �f7UNT13 � Southold,NY 1111997 RECEIVED L #tJ A http://southoldtownny.gov (3 v 9?N4 ZONING BOARD OF APPEALS NO - 7 2022 TOWN OF SOUTHOLD Tel.(631) 765-1809 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 3,2022 ZBA FILE No.: 7687 NAME OF APPLICANT: North Fork Project LLC PROPERTY LOCATION: 5775 W Mill Road, Mattituck SCTM No. 1000-106-6-4.1 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 June 2, 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated September 29, 2022. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available,it is recommended that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. Based upon the Findings of Fact determined herein, the Board of Appeals finds the proposed action is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject property consists of a 10,010 sq. ft. "L" shaped elongated parcel located in the MII Zoning District. The parcel is adjacent to and accessory to the Old Mill Inn parcel located to the north and east, with a town road "Mill Road" running through it. The parcel is currently improved with the as-built accessory storage garage,and a two-story tower structure that is legally ex:°..t."� as rear C..r finota f (1-_-U�-icy afZOZ4'7 non-habitable t..«agc 11U*IA,*ng Tl.,. 1 also .E, t.. —C vi vwurutivy TTJlJV/, as a livii-iiu�l�uvi� Swia�� vuiiuiiis. ittl parCCi ai�� includes the sanitary system for the Old Mill, with a 764 sq. ft. easement area that provides the sole access to Strong's Marina on the neighboring property to the south. All as shown on the Survey prepared by Nathan Taft Corwin III, L.S., last revised June 2, 2021. BASIS OF APPLICATION: Request for a Use Variance under Article XIII, Section 280-55A and the Building Inspector' s May 24, 2022 Notice of Disapproval based on an application to legalize the use of an Page 2,November 3,2022 #7687,North Fork Project SCTM No. 1000-106-6-4.1 as-built accessory storage garage; 1) accessory structure does not constitute a permitted principle or specifically permitted use located at: 5775 W. Mill Road, Mattituck,NY. SCTM# 1000-106-6-4.1 RELIEF REQUESTED: The applicant requests a use variance pursuant to Town Law§ 267-B (2)to maintain a " storage use", in an "as-built"detached accessory structure, which is not a permitted use in the MII zoning district without a primary principal use on the subject parcel. ADDITIONAL INFORMATION: During the public hearing,the applicant's agent stated that the accessory garage was constructed on the same footprint as the original non-conforming storage garage, which was issued a building permit#3369 in 1967 and which remained on the property until it was substantially damaged last winter during a storm that tipped it off its foundation. The structure was lying on the fencing of the neighboring marina and covering the well head that services the Old Mill property. The current"as-built" storage garage is proposed to be used by the restaurant for winter storage of outdoor deck furniture such as tables, umbrellas, etc. It was also noted in the testimony at the hearing that prior Boards of Appeal have considered the entire parcel and the accessory uses on it, as an accessory to the Old Mill Inn Restaurant, The Board of Appeals more recently reaffirmed this prior interpretation in ZBA#7573 dated December 16, 2021 in which variance relief was granted for the restoration of the historic Old Mill Inn Restaurant on the adjacent parcel (SCTM 1000-106-6-3). In that determination the Board wrote: "The subject parcel...along with the separate lot, owned by the applicant, known as SCTM: 1000- 166- 6-4. 1 are all integrally intertwined and developed and used as a single parcel developed prior to zoning and as part of a mill complex and later access point to a no longer existent bridge." The Board received a letter of support from the neighboring Marina operation. There is also currently Southold Board of Trustees approval for the proposed work on the neighboring restaurant and bulkhead issued on July 14, 2021, Permit No. 9956. FINDINGS OF FACT/REASONS FOR BOARD ACTION: USE VARIANCE The Zoning Board of Appeals held a public hearing on this application on Oct 6, 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: Based upon the following use variance standards, the Board finds that the applicant and his agent have sufficiently made the case to the Board' s satisfaction for the granting of a use variance, both through written submissions and oral argument at the hearing, 1. Town Laws 267- b(2)(b)( 1).The applicant cannot realize a reasonable return for each permitted use under the zoning regulations for the district where the property is located,as demonstrated by the submittal of competent evidence. A review of the Permitted Uses in the MII zoning district and the applicable bulk schedule requirements confirms that it is impossible for the applicant to construct any of the permitted uses on this heavily constrained, substandard parcel. The bulk schedule requires 80,000 SF for each use, lot depth of 150 feet, and a 35-foot front yard setback for each use. There is simply no room for a Marina, a club, a boatyard, mariculture operations, a boat repair shop, a retail store or even a single-family residence. 2. Town Laws 2267- b(2)( b)(2). The hardship is unique to the subject property and would not be shared by any other properties in the vicinity. The Board is unaware of any parcel of this size and Page 3,November 3,2022 #7687,North Fork Project SCTM No. 1000-106-6-4.1 configuration in the MII district or in the surrounding neighborhood., or comparable parcels throughout the Town that house the sanitary system and accessory storage for a neighboring parcel. This parcel(Lot 4.1) is for all intents and purposes accessory to the main Old Mill parcel (Lot 3) across the street and the restaurant in turn serves as the principal structure for Lot 4.1. Moreover, as the ZBA determined in 1967,the hardship created is uriique to this constrained parcel and would not be shared by any other properties in the vicinity. 3. Town Law§ 267- b(2)(b)(3). The requested use variance, if granted, will not alter the essential character of the neighborhood. The parcel is and always has been an extension of the Old Mill Inn parcel and the structures thereon have served as accessory to the principal restaurant use for decades. The Old Mill is an iconic institution which is unique in its history, location and use. The applicant received variance relief from this Board to renovate and restore the Old Mill Inn Restaurant (ZBA#7573 dated December 16, 202 1)which, together with this subject parcel, have been an integral part of the character of the surrounding neighborhood for over a century. 4. Town Laws 267-b(2)( b)(4). The alleged hardship has not been self-created. The restaurant parcel and the subject parcel have always been used in their entirety in conjunction with each other. The evidence presented established that an accessory garage structure had been in existence on the subject parcel for decades providing storage space for the restaurant's operations. The historic use of the structure as accessory to the Old Mill Inn restaurant operations is evidenced by the building permit for the accessory garage issued in 1967. The Board finds that the applicant could reasonably conclude that these structures were legally existing accessory structures based on the prior approvals granted. 5. Town Law§267-b(2)( b)(5). Grant of a use variance is the minimum action necessary and adequate to address the unnecessary hardship and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. The granting of relief will simply allow a structure of like size and purpose to remain in the exact footprint where the destroyed structure sat for decades with no impact on the character of the neighborhood or to the health safety and welfare of the community. The Board of Appeals concludes that in granting a use variance the spirit of the ordinance will be observed, public safety and welfare will be secured,and substantial justice will be done. 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 Weisman (Chairperson) seconded by Member Acampora, and duly carried,to GRANT the Use Variance, as applied for and shown on the survey by Nathan Taft Corwin, III, Land Surveyor,dated,Time 2;2021;and the Architectural Plans prepared by Meryl Kramer,Architect,dated April 19, 2022. Any deviation from the decision 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 tinder the zoning code. This action does not authorize or condone any current or fitture 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. Page 4,November 3,2022 #7687,North Fork Project SCTM No. 1000-106-6-4.1 In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; andfailure to comply therewith will render this approval null and void. 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 non-conformity Vote of the Board: Ayes: Members Acampora, Dantes, Lehnert, Planamento, Lehnert, Chairperson Weisman. This Resolution was duly adopted(5-0). Ir L;'eslie Ka-nes Weisman, Chairperson Approved for filing �� / c'/2022 -� ��� SURVEY OF PROPERTY RFc,FrV�F[� LOT S.C.COVERAGE No.V1000 UPLAND 06�03 AREA SUN � SITUATE UPLAND LOT AREA = 2,049 sq. ft. 4 2022 MATTITUCK ZOnin LOT AREA DATA DESCRIPTION AREA % LOT COVERAGE g guard S:V pusc �Jo. 2,780 sq. ft. UNDERWATER LOT AREA TOWN O F S O U T H O L D BUILDING 1,525 sq. ft. 74.4% 1 0106-06-03 0.064 ac. 2,049 sq. ft. UPLAND LOT AREA SUFFOLK COUNTY, NEW YORK 0.047 ac. LOT COVERAGE 4,829 sq. ft. TOTAL LOT AREA S.C. TAX N o. 1000- 106-06-03 S.C. TAX No. 1000-106-06-4.1 0.111 ac. BUILDING 279 sq. ft. 2.8% S.C. TAX No. 10,010 sq. ft. S.C. TAX No. 1000- 106-06-4. 1 1000-106-06-4.1 0.230 ac. SCALE 1 99 GARAGE 345 sq. ft. 3.4% DECK do WALK 45 sq. ft. 0.5% JULY 28, 2008 FEBRUARY 2, 2017 ADD COVERAGE TOTAL 669 sq. ft. 6.7% MARCH 9, 2018 ADD EASEMENT No. 1 O MAY 8, 2018 ADD EASEMENT No. 2 MARCH 5, 2019 UPDATE SURVEY JULMAYX2020 18, 2021 REVISE NOTES D SPOT TION JUNE 2, 2021 REVISE LOT COVERAGE �'oti S co tJ \0�� 1 tic c a a ., p FMAL L A RE�f1 t11ED BY Z I NOTES: d " 1. THE PROPERTIES NORTH AND SOUTH OF THE SUBJECT PROPERTY d. ' a F oL SES LESION O °�'. '•e !a • 14I�$0 ARE BULKHEADED. O ' �. " _ • • 0f DATA-D I �aD2Z 2. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM �L9. F : ' TORN EXISTING ELEVATIONS ARE SHOWN THUS:" '•d ° °° • C EXISTING CONTOUR LINES ARE SHOWN THUS: 01� '• < d ++ 4 \tl,,• Q H1. F.FL- FIRST FLOOR ON C'e ♦ e " d '•• • •. G +Q CS 12 T.B. - TOP BULKHEAD d,' GG°J�`Q 2, �1 B.B.- BOTTOM BULKHEAD v� AO e• 'e. e . .d•. ♦-e. 4.+, ' .♦ a Lo �� ♦ e d d \DSS AGK p CERTIFIED T0: a� °s �2�+ CP. THE NORTH FORK PROJECT LLC d C9 Tt11EAD WfRES ;° i ° ' \ 1c o0 O p FIDELITY NATIONAL TITLE INSURANCE COMPANY ` • Ar !d VIA V • G M,• e OO,;. . ., d ,, . .♦ �� �,cp 'p`�_ .�•G+`�G+.o�,p_ ♦.,e. •.° : � ei :1�•/• N 1�� /;'��'a:5-+� •HB Dc; 0.5 O� "•9'C� ♦ e.. •�' a .° 'e• a !� MA3ply OEGK " AC/f / ++ G H C' `'�, �A �� 66 �� �. EASEMENT No. 1 • .d . .e �. PI• O �� GQO O r `� SCALE 199=20' 00. e' . A y� 97L .p O cjS p y� 0. � / 1 ♦ o r " 4 io J r� u a.'� ° _1 �� : � d. ♦' •d / / �� 169 `_� 6g2�� .� m f p. :. g m AGN O BEGINNIOINT NG N % yo coo s N •O O -:'':-AREA:- 1.365..sq :: :::::::. 77 s e o • d i G+�.0 \ \ZOZ'p O i p +fj7 ��� , f e °,' • ' e' mho J O J 6a 9 50 9 ��" ♦. r \ \ G ZoS N o O ' , :.GONG ' ':. 3 g Frp� 9 O9w `►� - O. o yo�� 6�G 0.7W. a e °.d Tn� LV rn. =h' w wpN,y 6°J� QQ W M W 13.9' C°'Nc�1k e c�. 0�0 '' V .\.# 3•.. c s 6,85 .::.. ... :::, a rns � o� Z2.2 � d � + n. ..n:':: ':.'t►?�::';.No��,c^�,.::.�.::•::. .. :: �� .•�y^^ ,tii N o j4, �• : :.: oQ ::::. :: ;:. EASEMENT No. 1 z ^ �. �£ o (SEE DETAIL) NCE WITH THE MINIMUM 3,4 G� W N Q�"y a 9 STANDARDS PREPARED I FOR CTITLE ASURVEYS AS ESTABLISHED O� .4 G ° BY THE L.IAL.S. AND APPROVED AND ADOPTED W$ 02 o r 7p ° '• e• / F5 FOR SUCH USE BY THE NEW YORK STATE LAND !gyp" TITLE ASSOCIATION. EASEMENT No. 2 SCALE 1 "-20' � ' d POINT OF � I .a .�•�. • '_ '•' •. 9��� ' - '_. BEGINNING fad. I1. ,. :r dUn e :♦ ,gfy�cy .. i � I �ry O moo. r �O O s O I ..... W �t• w ��i �•' o3 Z-0 ^nN ..::•:•.•:'::. • 'mow•r : + o o ? �n 11 6 A 6g '� j!(: :rGJ'Z c G W Y.S. Lic. No. 50467 3.4's EN (f1 N :•• 17.0' o UNAUTHORIZED ALTERATION OR ADDITION n Taft C o r i n ........................•.•:....... ...:.....' � TO THIS SURVEY IS A VIOLATION OF Nath a y AREA = 764 sq. ft. o ✓ r'.; :Y.:e.:: :':: SECTION III :: oma: �C o,1 0 EDUCATIONLAW. THE NEW YORK STATE W �7a u ' N� '� $� :: w �y COPIES OF THIS SURVEY MAP NOT BEARING ��. w �� ��'::. :::: :...:.. .... Land Surveyor •� GE ` THE LAND SURVEYOR'S INKED SEAL OR 6+:��3'• ° 1.4'N• �L EMBOSSED SEAL SHALL NOT BE CONSIDERED : � 17.0' TO BE A VAUD TRUE COPY. •�� �.8y CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isaksen, Jr. L.S. $ 84.08'20" W ✓ ............. WELL 0 ONLY TO THE PERSON FOR WHOM THE SURVEY Jose g g 17.57' NAIL 5f� NCE�C �ED TO Po1��' + $ IS PREPARED, AND ON HIS BEHALF TO THE ph A. In a no L.S. EASEMENT N o. 2 FENS C '7 O TITLE COMPANY, GOVERNMENTAL AGENCY AND ff QG "IN „ `�' V $� LENDING INSTITUTION LISTED HEREON, AND Title Surveys — Subdivisions — Site Plans — Construction Layout (SEE DETAIL) C $L�,°0 20 vv TO THE ASSIGNEES OF THE LENDING INSTI- J UNKNOWN c TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. PHONE (631)727-2090 FOX (631)727-1727 OWNERTHE EXISTENCE OF RIGHT OF WAYS OFFICES LOCATED AT MAILING ADDRESS AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 16 ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 39-038 Issue Date: Set: 2 7 5/18/21 For Disapproval A-101 20'-3" A-101 4/19/22 For ZBA RECEIVED JUN 14 2022 Zoning Board of Appeals NEW 2"x6" 16" O.C. ROOF RAFTERS NEW 3/4" SHEATHING W/ASPHALT SD ARCy/T SHINGLES TO REPLACE EXISTING 12FC 1.5 r-- � �� A 19'-1 1/2" 024a�2 �O TF OF NES U FlNgAL MAP REVERVED BY O ' Drawing Legend: ' CV , LID o SEE DECISION t! ~7�_ - _ _ _ _ _ - +�* Wall To Be Removed DA i D`� 1- r---� Existing Wall To Remain N New Wall , Existing P.C.Foundation r R 11E BY —' 1 Wall 71 New P.C. Foundation Wall ` t.> ,� Existing CMU Foundation 4" CONCRETE SLAB OVER GRAVEL& REBAR BASE IN PLACE OF EXISTING ASPHALT SLAB ------- wall ----------- New CMU Foundation Wall ------ Lines Above Lines Below (4) VERTICAL CORNER POSTS TO REMAIN IN PLACE REMOVE & REPLACE SELECTED 2"x6" WALL FRAMING 16" O.C. NEW 3/4" PLYWOOD SHEATHING W/VAPOR BARRIER 101 Window Tag i NEW 1"x8" CEDAR SHIP LAP SIDING Section X, Sheet A-XXX I Detail Tag I1 ! = ! L----------------------- ----------------------- Elevation Tag X x Axxx x Interior Elevation Tag X ` M'cin )__Sectionle: 1/2" = 1'-0" Es51e1- c NEW WINDOWS, TYP. NEW DOOR,TYP. M E R Y L K R A M E R a r c h i t e c t 1.5 r 12 2 6 0 HORTONS LANE — ' POST OFFICE BOX 1 600 SOUTHOLD, NY 1 1 971 AK AL 6 3 1 4 7 7 - 8 7 3 6 m k a r c h i t e c t . c o m i LJ ILJ L LJ LJ H [J L wl I , , OLD MILL INN Elevation evation 5775 W MILL RD 3 Scale: 1/4" = 1'-0" (D-2-ale: 1/4" = 1'-0" MATTITUCK, NY 11952 hed Plans, Elevations, & Section —iiil liii IIII illi Illi II IIII--- IIII Illi - iii r ii IIII IIII ill IIII i I SCALE:As Noted I I AS evation &EElevation Section A- 1 01 5 �le: 1/4" = 1'-0" cale: 1/4" = 1'-0" 7 Scale: 1/2" = 1'-0" © 2020 Meryl Kramer Architect All Rights Reserved COUNTY OF SUFFOLK 63• OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Commissioner Economic Development and Planning June 22, 2022 Town of Southold - - Zoning Board of Appeals RECEIVED 53095 Main Road 2022 P.O. Box 1179 JUN 2 3 Southold,NY 11971-0959 Attn: Leslie Weisman Zoning Board of Appeals Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number North Fork Project LLC 47687 & 7688 Debbie Socaris Trustee of Diana Retos Family Trust #7689* Lorelei &Leif Gobel #7690 *Comment: Article 6 of the Suffolk County Department of Health Services Sanity Code should be complied with. Very truly yours, Sarah Lansdale Director of Planning By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG 0 100 VETERANS MEMORIAL HWY,11th FI 0 P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 9 (631)853-5191 I i r FFICE LOCATION: so yQ MAILING ADDRESS: Town Hall Annex '`� l0 P.O. Box 1179 4375 State Route 25 Southold, NY 11971 ( or.Main Rd. &Youngs Ave.) Southold, NY 11971 �p� Telephone: 631 765-1938 I it ZL lyCOUNT i LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman,Chair [Zoning EIVED Members of the Zoning Board of Appeals 2 2022 From: Mark Terry,AICP Assistant Town Planning Director ard of Appeals LWRP Coordinator Date September 29,2022 Re: Local Waterfront Coastal Consistency Review for NORTH FORK PROJECT,LLC#7687 S CTM#100 0-106-6-4.1. NORTH FORK PROJECT,LLC#7687-Request for a Variance from Article XIII, Section 280-55A and Building Inspector's May 22,2022,Notice of Disapproval based on an application to legalize the Use of"as built"construction of a new garage used for storage,at; 1)accessory structure does not constitute a permitted principle use or specially permitted use; located at: 5775 West Mill Road(Adj.to Mattituck Creek)Mattituck,NY. SCTM No. 1000-106-6-4.1. The proposed action has been reviewed to Chapter 268,Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,it is my recommendation that the action is INCONSISTENT with the policy standards and therefore is INCONSISTENT with the LWRR This determination is based upon the following: 1. Foster apattern 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. The(as-built)structure is not supported by this policy as it does not enhance community character and sets precedent. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. 1. Move existing development and structures as far away from flooding and erosion hazards as practical. According to FEMA,the structure is susceptible to flooding and is located within the AE EL 8' flood zone. Pursuant to Chapter 268,the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: John Burke,Acting Town Attorney FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL, JUN 14 2022 DATE: June 18,20 1Zoning Board of Appeals RENEWED: March 22,20 RENEWED:May 24,2022 TO: Martin D.Finnegan,Esq. (North Fork Project LLC) PO Box 9398 33 W.2nd Street ` Riverhead, NY 11901 Please take notice that your application received June 3,2021: For permit to: Legalize as-built-construction of a new garage at: "i D Location of property: 57 S�V-Mill Road.Mattituck,NY County Tax Map No. 1000—Section 106 Block 6 Lot 441 Is returned herewith and disapproved on the following grounds: The as-built construction,on this nonconforming 10,010 square foot lot in the Marine II (MII)District is not permitted pursuant to Article XIII Section 280-55A• List of permitted uses,or B: List of permitted uses by special exception The proposed use is storage. In addition,the construction is not permitted pursuant to 280 Attachment 4 Bulk Schedule which states lots located within the MII District require a minimum front yard setback of 35 feet. The as-built construction is encroaching onto a Town of Southold maintained roadway. Authorized Signature Note to Applicant:Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. Fee:$ Filed By: Assignment No. APPLICATION TO THE SO HOLD TOWN BOARD OF APPEALS ACHWARIANCE House No. Street MILL ROAD Hamlet MATTITUCK SCTM 1000 Section 106.00 Block 06.00 Lot(s)004.001 Lot Size 10,010SF Zone MII I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 05/24/2022 BASED ON SURVEY/SITE PLAN DATED 05111 RECEIVE"D Applicant(s)/Owner(s): NORTH FORK PROJECT LLC JUN 14 22 Mailing Address:5550 W.MILL ROAD,MATTITUCK,NY 11952 Zoning Board of Appeals Telephone: Fax: Email: 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:MARTIN D.FINNEGAN for Owner( )Other: Address: PO BOX 1452,13250 MAIN ROAD,MATTITUCK,NY 11952 Telephone:631-315-6070 Fax: Email: MFINNEGAN@NORTHFORK-LEGAL.COM Please check to specify who yore wispcorrespondence to be mailed to,from the above names: ( )Applicant/Owner(s), Authorized Representative, ( ) Other Name/Address below: . WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 05/18/2021 and DENIED AN APPLICATION DATED 06/03/2021 FOR: . ( )Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use WPermit 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:X111 Section:280 Subsection:55A,55B Type of Appeal. An Appeal is made for: - M A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A.. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( ) has, N4as not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) I REASONS FOR iJkARIANCE: An applicant for a use variance MUST demonstrate unnecessary hards Ip by satisfying ALL of the following four tests: (Please consult your Attorney before completing,attach additional sheets as needed,and submit related documentation as required) 1.The applicant cannot realize a reasonable return,for each and every permitted use under the zoning regulations for the particular zone district where the property is located,as demonstrated by substantial and competent financial evidence because: SEE ATTACHED NARRATIVE. RECEIVED JUN 14 2022 Zoning Board of Appeals 2. The alleged hardship relating to the property is unique and does not appl a�onty of parcels in the same zoning district or neighborhood because: SEE ATTACHED NARRATIVE. 3. The requested use variance,if granted,will not alter the essential character of the neighborhood because: SEE ATTACHED NARRATIVE. 4. The alleged hardship has not been self-created because: SEE ATTACHED NARRATIVE. In addition to the above standards,the Board of Appeals must also find that: 5. The requested relief is the minimum relief necessary to avoid unnecessary hardship,while at the same time preserving and protecting the character of neighborhood and the health,safety and welfare of the community because: SEE ATTACHED NARRATIVE. 6. The spirit of the ordinance will be observed,public safety and welfare will be secured, and substantial justice will be done because: SEE ATTACHED NARRATIVE. RECEIVED JUN 14 2022 Zoning Board of Appeals Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this 26th D of MAY 20 22 0 A ld�/ otary Public) ZBA Appl.6/2012 SCHWEITZER ANNALISE NOTARY PUBLIC-STATE OF NEW YORK NO.OISC6409457 QUALIFIED IN SUFFOLK COUNTY a MY COMMISSION EXPIRES SEP 28,20 IIJ�� ATTACHMENT TO'USE AND AREA VARIANCE AP s TnN n NORTH FORK PROJECT LLC RECEIVED JUN 14 2022 By way of this appeal, the Applicant is seeking relief from the Buildi g Inspector's Notice of Disapproval dated June 18, 2021 and last renewed on May 24, 2022 f rgob grpev1*geals legalize an as-built frame storage garage on the subject premises whic Mill Inn on West Mill Road in Mattituck. The premises is an extremely constrained 10,010 SF "L" shaped parcel in the MII zoning district. The parcel is currently improved with the as-built garage and a two story tower structure that is legally existing according to Certificate of Occupancy#39387 as non-habitable storage building. The parcel houses the sanitary system for the Old Mill and it is also burdened by a 764 SF easement area that provides the sole means of access to the neighboring Strong's Marina property Because the size of the parcel precludes the construction of any permitted principal use in the MII zoning district, the Applicant is seeking a use variance to allow the additional accessory structure to remain. An Area Variance is also required to allow the structure to remain on its original footprint. The accessory 17' x 20.3' garage has been constructed on the original footprint of the pre- existing nonconforming storage garage that was in place for decades until last winter when it was substantially damaged by a winter storm. During the storm, the structure tipped over off its foundation and was lying on the Strong's fence and covering access to the well head that services the Old Mill Property. The structure was rendered unsafe and the Applicant was fearful that if it were not repaired before the next storm, it could have been completely destroyed resulting in further damage to the fence and well head and blocked access to Strong's property. It is noteworthy that this storage structure is vital to the operation of the Old Mill. As this Board is aware, the footprint of the Old Mill Inn encompasses almost all of the lot area of the parcel on which it lies. There is no basement and no room for accessory storage that is vital to the functioning of the restaurant. As for the location of the shed,the topography of the parcel and location of the Strong's easement and existing and proposed sanitary systems for the Old Mill preclude relocation to any location other than the pre-existing nonconforming footprint of the historic storage structure. For the following reasons, the Applicant submits that area variance relief from the requirements�of§280-56 and use variance relief from the requirements of§280-55 is warranted. REASONS FOR , VARIANCE: 1. The applicant cannot realize a reasonable return, for each and every permitted use under the zoning regulations for the particular zone district where the property is located, as demonstrated by substantial and competent financial evidence because: A review of the Permitted Uses in the MII zoning district and the applicable bulk schedule requirements confirms that it is impossible for the Applicant to construct each and every permitted use on this heavily constrained, substandard parcel. The bulk schedule requires 80,000 SF for each use, lot depth of 150 feet, and a 35 foot front yard setback for each use. There is simply no room for a Marina, a club, a boatyard, mariculture operations, a boat repair shop, a retail store or even a single family residence. Financial evidence is not re uired 1� conclusion that the Applicant cannot realize any return from uses that ca of exiJtLQV-kVED property. JUN 14 2022 2. The alleged hardship relating to the property is unique and do s��trp rAGbfbeppeaIs majority of parcels in the same zoning district or neighborhoo The Applicant is unaware of any parcel of this size and configuration in the MII district or in the surrounding neighborhood nor are there comparable parcels throughout the Town that house the sanitary system and accessory storage for a neighboring parcel. This parcel (Lot 4.1) is for all intents and purposes accessory to the main Old Mill parcel (Lot 3) across the street and the restaurant in turn serves as the principal structure for Lot 4.1. 3. The requested use variance, if granted,will not alter the essential character of the neighborhood because: The parcel is and always has been an extension of the Old Mill Parcel and the structures thereon have served as accessory to the principal restaurant use for decades. The Old Mill is an iconic institution which is unique in its history, location and use. The Applicant has received relief from this Board to renovate and restore the Old Mill Inn which, together with this parcel, have been an integral part of the character of the surrounding neighborhood for over a century. 4. The alleged hardship has not been self-created because: The Accessory garage structure was in existence for decades providing storage space that is essential to the Old Mill's operations. The reconstruction of the structure was done to mitigate a potentially dangerous situation and further damage to the well and Strong's property. 5. The requested relief is the minimum relief necessary to avoid unnecessary hardship, while at the same time preserving and protecting the character of neighborhood and the health, safety and welfare of the community because: The granting of relief will simply allow a structure of like size and purpose to remain in the exact footprint where the destroyed structure sat for decades with no impact on the character of the neighborhood or to the health safety and welfare of the community. 6. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: The subject parcel is entirely unique in this neighborhood and perhaps in the Town. The prohibition on accessory structures in the absence of a principal structure should be inapplicable to a parcel that is not suitable for construction of a principal structure. REASONS FO - VARIANCE: RECEIVED JUN 14 2022 1. An undesirable change will not be produced in the CHARA TZE R o4d of Appeals neighborhood or a detriment to nearby properties if granted, becau e:onin The Old Mill stands alone at the end of West Mill Road somewhat remote from any of the nearby residential structures. The Strong's Marina operation lies to the south. The Old Mill is in fact an integral part of the character of the surrounding community. The subject parcel and structures thereon have been interconnected to the Old Mill operations for over a century. The relief sought is to allow the accessory storage garage to remain on its historic footprint. 2. The benefit sought by the Applicant CANNOT be achieved by some feasible method for the applicant to pursue other than an area variance, because: This Old Mill parcels are perhaps the most constrained parcels in the Town of Southold. The pre-existing non-conforming footprint of the garage cannot remain without variance relief. 3. The amount of requested relief is not substantial because: The Applicant is essentially asking this Board to bless the existing footprint of this vital accessory structure. While the setback relief sought may be mathematically substantial, it is not practically substantial since it will only allow what has been on the site for decades to remain. 4. The variance will NOT have an adverse impact on the physical or environmental conditions in the neighborhood or district because: Variance relief to allow the proposed accessory structure to remain will facilitate the Old Mill operations which will have an undeniably positive impact on the physical conditions in the surrounding community and as a Type II action, there is no perceivable environmental impact from the proposed construction. 5. Has the alleged difficulty been self-created? The Old Mill has been in existence at this very location since 1821, long before the adoption of zoning laws in our Town. To the extent that the subject property is constrained by its pre-existing non-conforming setbacks,the difficulty is not self-created, however, even if it were,pursuant to New York Town Law §267-b (3), a self-created hardship "shall not necessarily preclude the granting of an area variance." APPLICANT'S PROJECT DESCRIPTION APPLICANT: NORTH FORK PROJECT LLC DATE PREPARED:05/26/2022 f �� 1.For Demolition of Existing Building Areas Please describe areas being removed:N/A RECEIVED jUN 14 2022 L/A _ning Board of Appeals 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: ONE-STORY DILAPIDATED GARAGE/STORAGE SHED 17'X20.3' Number of Floors and Changes WITH Alterations: AS-BUILT REFURBISHMENT OF STRUCTURE ON EXISTING FOOTPRINT WITH SAME DIMENSIONS IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 669SF Proposed increase of building coverage: 0% Square footage of your lot: 10,010SF Percentage of coverage of your lot by building area: 6.7% V.Purpose of New Construction: THE ORIGINAL DECADES-OLD STORAGE SHED SUFFERED SEVERE STORM DAMAGE AND WAS UNSTABLE.THE STORAGE STRUCTURE IS VITAL TO THE OPERATION OF THE NEIGHBORING OLD MILL INN OWNED BY THE APPLICANT. 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): PARCEL IS FLAT IN THE AREA OF CONSTRUCTION.CONTOUR OF REMAINING PORTION OF PARCEL PRECLUDES RELOCATION OF SHED. 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 4`c d6 � ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ---------------------------------------------------------x OCT 0 3 2022 In the Matter of the Applications of Zoning Board of Appeals NORTH FORK PROJECT, LLC d 7688 For variances from the requirements of Sections 280-56 of the Code of the Town of Southold ---------------------------------------=-----------------x MEMORANDUM OF LAW OF APPLICANT, NORTH FORK PROJECT, LLC, IN SUPPORT OF THE RELIEF REQUESTED FINNEGAN LAW, P.C. Attorneys for Applicant By: Martin D. Finnegan, Esq. 13250 Main Road Mattituck, New York 11952 (631) 315-6070 Dated: October 3, 2022 STATEMENT OF FACTS The Applicant, North-Fork Project, LLC, d/b/a the Old Mill Inn, is seeking relief from the Building Inspector's Notice of Disapproval dated June 18, 2021 and last renewed on May 24, 2022 for a building permit to legalize an as-built frame storage garage on the subject premises which lies adjacent to the Old Mill Inn on West Mill Road in Mattituck. The premises is an extremely constrained 10,010 SF "L" shaped parcel in the MII zoning district. The parcel is currently improved with the as-built garage and a two story tower structure that is legally existing according to Certificate of Occupancy #39387 as a non- habitable storage building. The parcel houses the sanitary system for the Old Mill and it is also burdened by a 764 SF easement area that provides the sole means of access to the neighboring Strong's Marina property. Because the size of.the parcel precludes the construction of any permitted principal use in the MII zoning district, the Applicant is seeking a use variance to allow the additional accessory structure to remain. An Area Variance is also required to allow the structure to remain on its original footprint. A review of building department records establishes that the prior owners sought building permits in the mid-19607s to reconstruct the two accessory structures that exist on this parcel. The Tower building actually received a variance from the ZBA (Appeal #1018; January 19, 1967 attached hereto as Exhibit "A") to allow the accessory structure to remain in the absence of a principal structure based on a finding that: "strict application of the zoning ordinance would produce unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district and the permission granted herein does observe the spirit of the ordinance and will not change the character of the district". The building permit application for the shed at issue bears the notation "Approved by Bd Appeal" which suggests that the aforementioned determination was applied for the reconstruction of the storage shed on the property (See Building Permit Application No. 3369 attached hereto as Exhibit "B"). As such, the Applicant submits that the accessory garage structure already benefits from use variance relief that have allowed it to remain in place for many decades. The accessory 17'x 20.3' garage has been constructed on the same footprint of the pre-existing nonconforming storage garage that was blessed by the ZBA in 1967 until last winter when it was substantially damaged by a winter storm. During the storm, the structure tipped over off its foundation and was lying on the Strong's fence and covering access to the well head that services the Old Mill Property. The structure was rendered unsafe and the Applicant was fearful that if it were not repaired before the next storm, it could have been completely destroyed resulting in further damage to the fence and well head and access to the neighboring Strong's property could have been impacted. It is noteworthy that this storage structure is vital to the operation of the Old Mill. As this Board is aware, the footprint of the Old Mill Inn encompasses almost all of the lot area of the parcel on which it lies. There is no basement and no room for accessory storage that is essential to the functioning of the /1 restaurant. As for the location of the shed, the topography of the parcel and location of the Strong's easement and existing and proposed sanitary systems for the Old Mill preclude relocation to any location other than the pre-existing nonconforming footprint of the historic storage structure. For the following reasons, the Applicant submits that area variance relief from the requirements of§280-56 and use variance relief from the requirements of§280-55 is warranted. POINT I THE APPLICANT HAS MET THE TEST FOR THE GRANT OF A USE VARIANCE SET FORTH IN TOWN LAW §267-B(2) Under §267-B(2)(a) and (b) of the Town Law, in order to be granted a use variance, the Applicant must establish that the applicable zoning regulations and restrictions have caused unnecessary hardship. To prove unnecessary hardship, the Applicant must demonstrate the following for each and every permitted use in the MII zoning district: (a) the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; (b) that the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; (c) that the requested use variance, if granted, will not alter .the essential character of the neighborhood; and (d) that the alleged hardship has not been self-created. It is respectfully submitted that under the facts and circumstances presented here,-and as the ZBA determined in 1967, the Applicant can clearly establish unnecessary hardship under the standards set forth in Town Law § 267-B(2)-and, as a result, the use variance relief requested herein should be granted. 1. The applicant cannot realize a reasonable return, for each and every permitted use under the zoning regulations for the particular zone district where the property is located, as demonstrated by substantial and competent financial evidence because: A review of the Permitted Uses in the MII zoning district and the applicable bulk schedule requirements confirms that it is impossible for the Applicant to - construct each and every permitted use on this heavily constrained, substandard parcel. The bulk schedule requires 80,000 SF for each use, lot. depth of 150 feet, and a 35 foot front yard setback for each use. There is simply no room for a Marina, a club, a boatyard, mariculture operations, a boat repair shop, a retail store or even a single family residence. Financial evidence is not.required-to reach the conclusion that the Applicant cannot realize any return from uses that cannot exist on this property. 2. The alleged hardship relating to the property is unique and does not apply to the majority of parcels in the same zoning district or neighborhood because: The Applicant is unaware of any parcel of this size and configuration in the MII district or in the surrounding neighborhood nor are there comparable parcels throughout the Town that house the sanitary system and accessory storage for a neighboring parcel. This parcel (Lot 4.1) is for all intents and purposes accessory to the main Old Mill parcel (Lot 3) across the street and the restaurant in turn serves,as the principal structure for Lot 4.1. Moreover, as the ZBA determined in 1967, the hardship created is unique to this ^� constrained parcel and would not be shared by any other properties in the l ` vicinity., 3. The requested use variance, if granted, will not alter the essential character of the neighborhood because: The parcel is and always has been an extension of the Old Mill Parcel and the structures thereon have served as accessory to,the principal restaurant use for decades. The Old Mill is an iconic institution which is unique in its history, location and use. The Applicant has received relief from this Board to renovate and restore the Old Mill Inn which, together with this parcel, have been an integral part of the character of the surrounding neighborhood for over a century. And, as previously stated, the prior owner of the subject premises obtained relief from the ZBA to allow the accessory structures thereon to be renovated. 4. The alleged hardship has not been self-;created because: The evidence presented establishes that an accessory garage structure was in existence for decades providing storage space that is essential to the Old Mill's operations. The use of the,structure as accessory to the Old Mill restaurant operations is evidenced by the Building permit for the garage issued in 1967 that grants permission to "Build new accessory Bldg for `Old Mill Inn"'. As such,.the Applicant submits that the alleged hardship was not self-created. The Applicant was in its right to'conclude that these structures were legally existing accessory structures based on the prior approvals granted. r S. The requested relief is the minimum relief necessary to avoid unnecessary hardship, while at the same time preserving and protecting the character of neighborhood and the health, safety and welfare of the community because: The granting of relief will simply allow a structure of like size and purpose to remain in the exact footprint where the destroyed structure sat for decades with no impact on the character of the neighborhood or to the health safety and welfare of the community. 6. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: As previously determined by the ZBA in 1967, the subject parcel is entirely unique in this neighborhood and perhaps in the Town. The prohibition on accessory structures in the absence of a principal structure should be inapplicable to a parcel that is not suitable for construction of a principal structure. Based on the foregoing, the Applicant respectfully submits that it has established its entitlement to use variance relief under Section 267-B(2)(b) of the Town Law. POINT II THE APPLICANT HAS MET THE TEST FOR THE GRANT OF AN AREA VARIANCE SET FORTH IN TOWN LAW §267-B(3) Under §267-B(3)(a) and (b) of the Town Law, the Applicant must demonstrate compliance with the following standards to be eligible for the issuance of an area variance: (a) whether the grant of the variance will cause an undesirable change in the character of the neighborhood or will create a detriment to nearby properties; (b) whether the benefits sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance; (c) whether the requested area variance is substantial; (d) whether the grant of the variance will have an adverse effect or impact upon the physical or environmental conditions in the neighborhood or in the affected area of the Town; and (e) whether the difficulty causing the applicant to request an area variance was self-created which consideration shall be relevant to the determination of the Board but shall not necessarily preclude the grant of the variance. It is respectfully submitted that under the facts and circumstances presented here, the Applicant can clearly meet the standards set forth in Town Law § 267-B(3) and as a result, the relief requested herein should be granted. 1. The Grant. of The Variance Will Not Cause An Undesirable Change In The Character Of The Neighborhood Or Create Detriment to Nearby Properties. The Old Mill stands alone at the end of West Mill Road somewhat remote from any of the nearby residential structures. The Strong's Marina operation lies to the south. The Old Mill is in fact an integral part of the character of the surrounding community that is beloved by the residents of Mattituck and the entire Town. The subject parcel and structures thereon have been interconnected to the Old Mill operations for over a century. The relief sought is to allow the accessory storage garage to remain on its historic footprint. A letter in support from Jeff Strong confirms that the proposed renovation will pose no detriment to his property. 2. The Benefits Sought to Be Achieved by Applicant Cannot Be Feasibly Achieved by Some Method Other Than the Requested Area Variance. The benefits sought by the Applicants cannot be achieved by any feasible method other than variance relief. The Old Mill parcels are perhaps the most constrained parcels in the Town of Southold. There is clearly no conceivable way to allow the pre-existing non-conforming footprint of the Old Mill garage to remain without the requested variance relief. 3. The Area Variance Sought is Not Substantial. The Applicant is essentially asking this Board to bless the existing footprint of this vital accessory structure. While the setback relief sought may be mathematically substantial, it is not practically substantial since it will only allow what has been on the site for decades to remain. 4. The Grant of the Variance Will Not Have an Adverse Impact on the Physical or Environmental Conditions in the Neighborhood or District. Variance relief to allow the proposed accessory structure to remain will facilitate the Old Mill operations which will have an undeniably positive impact on the physical conditions in the surrounding community and as a Type II r proposed action, there-is no perceivable environmental impact from the p p osed construction. S. The Self-Created Nature of the Alleged Difficulty Should Not Preclude the Granting of Area Variance Relief. The Old Mill has been in existence at this very location since 1821, long before the adoption of zoning laws in our Town. To the extent that the subject property is constrained by its lot size and its pre-existing non-conforming setbacks and lot coverage, the difficulty is not self-created, however, pursuant to New York Town Law §267-b (3), a self-created hardship "shall not necessarily preclude the granting of an area variance." CONCLUSION For the reasons set forth herein, it is respectfully submitted that the standards of Town Law Section 267-b have been met and, as such, relief from the requirements set forth in Southold Town Code Sections 280-56 is warranted. Dated: Mattituck, New York October 3, 2022 Respectfully Submitted, FINNE LAW, P.C. Atto eys or Applicant M in D. Finnegan, Esq. 13250 Main Road Mattituck, New York (631) 315-6070 EXHIBIT "A" 'Ur AIM KUM& AClvi:OF THE ZONLYG BOARD OF APPEAL$ iiATsTdnua;:y..7.9, 1967 Appeal No. 1018 Dated January 3, 1967 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SrOUTHOLD To Edward Abitz a/c J.Richard .Holmes Appellant Mattituck Mill Road New York Mattituck, New York at a meeting of the Zoning Board of Appeals on Thursday, January 19, 1367 the appeal was considered and the action indicated below Inas taken on your ( ) Request for variance due to lack of access to property / 1 ( ) Request for a special exception under the Zoning Ordinance 1 (x) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special emgc pilon ( ) be granted ( ) be denied pursuant to Article ................Section .:... I..... subsection .................. paragraph ................ of the Zoning Ordinance, and the decision of the Building Inspector .E �) be reversed ( ) be confirmed because 7:40 P.M. (R.S.T. ) , Upon application of Edward Abitz, -. Mattituck; New York, a/c J. Richard H61mes, .Mill Road, Mattituck, New York, for a variance .in accordance-with- the Zoning Ordinance, Article IV, Section 404, for permission to replace a non-conforming.:accessory building. Location of property: south side Mill Road, Mattituck, New York, founded north by Mill Road, east by Mill Road-41attituck Creek, sout:4 by Mattituck Holding Co., w.est,by Mattituck Holding Co. C: 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and(would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed, A i G ZONING BOARD OF APPEALS FORM ZB4 r After investigation and inspection the Board finds that the appellant requests permission to replace an existing non-conforming building with a new building. The proposed use of the building is for housing help. The first floor will be for storage in. connection with the restaurant. The second floor for sleeping quarters for help to be used during the season of the restaurant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the imiaediate.. vicihity of) this pro ierty and in th- same use district -ind the permission granted herein •does observe,the -spirit of the-Ordinance-)and �)ill--not change . the character of, the district. .• = - "Therefore,- it was RESOLVED that Edward Abitz=,--Mattituck, New Yorki a/c J. Bchard Holmes, Mill,Rold, kattituck., New York,- be granted a variance for permission to replace a non-conforming accessory building with a new building to be erected in the same location as the existing building. l ell i EXHIBIT "B" FORM NO.2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. J BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N'9 3369 Z Date ............................ 19..67 Permission is hereby granted to: ........... . .:........................................... to .Build...now*ee'easory...B,1-dC..far.."Oad..Xi3.l..Inn!!................................................. ................................................................................................................................................................ atpremises located at .................................... ..............................................N t>4itual. .N.«Y.. ............................................................................ .....................................................................................................................................................I....... ... pursuant to application dated ................................j4pjmjt.....3...,. 19..:.67,, and-approved by the Building Inspector. NOTES Approved by Bd Appeals Fee $....10.............. Building Inspector �• FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE � 1?'�' SOUTHOLD, N. Y. Examined .. .�J 3......... ., 19.'(. Application No. ..... .� C.. Approved '.... ....... 19KPermit No. .. �3.............�;... `Disapproved aC//c... � `Q'l � '�-- ................. ........ ..... ...... .......................................... �......... . .....f.� ... r .. 4 ..i. ..... ........................................... .. ....... ......... (Building Inspector) APPLICATION FOR BUILDING PERMIT Date .....................sTA Va;V ......... ........... 19.67... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Buildir Inspector b Plot pion showing location of lot and of buildings on premises, relationship to adjoining premises or public streets areas, and giving a detailed description of layout of propertymust be drawn on the diagram which is part of this appiicatio c The work covered by this application may not be commenced before issuance of Building Permit, d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Sut permit shall be kept on the premises available for inspection throughout the progress of the work. e No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupan, shall have been granted by the Building Inspector, APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to tl Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances . Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describe The applicant agrees to comply with all applicable laws, ordinances, building code and regulations. Edw. P.jjUeS....... ..... .. .......... (Signature of applicant,or name, if a corporation) �9,xl1R NX. ............I............. Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builde ............. ........................................... a?. � .Ax. Ct ........................................................................................ Nameof owner of premises .......................................................................................I................... If applicant is a corporate, signature of duly authorized officer. ............................................................................................. ... (Name and title of corporate officer) 1. Location of land on which proposed work will be done Map No ..... ................................ Lot No: .=........ Street and Numberrii17„Road.. ..M3VU.�Ag. 1. ...&12 ....................................................... . Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .....staraM SS.O.ry..use.............................................. b Intended use and occupancy ...new„building.X.9.V...9AW.. ............................I........I........, 3. Natureof (check ' / ���ob�> �e* BvAdm� J[%�J� �dd�. \ ��oronon ~—``~^y^' ' - —'' Addit",__) '~'--'' Repair ----...-. Removal .................... Demolition.................... Other Work (Describe) .................................. 4. Estimated Cost ........5^QD0',P/M.............................. ......................................... .................. ........... . (to be paid on filing this application) 5. If 6*eUmo' number of dwelling units ............................Number ufdwelling units on each floor ........................ Ifgarage, number nfcars -.—........--......'~..—..—�~..~...^.-'-~...—~.-.~~~—'-..~'.-~---.-. ^ d. H business, commercial or mixed occupancy, specify nature and extent of each type ofuse ............................ ' 7 Dimensions ofexisting structures, if any- Front .......17.............. Rear .......................... Depth ........2O........... ^ Hoig6t ' —. — ................. Number of Stories ......9AIR—.. ' ....................................................... Dimensions of some structure with alterations or oJJovvs Front ..... 8wa, ........................... Depth .............................. Height ..............................Number of Stories ........................................ 8 Dimensions ofentire new construction- Front .. �.---..,— Rear ............................ Depth —.— Hnig6+ ............................ Number ofStories .... JVQ................. � 9. Size of (at- Front .... 34.6... ........... Rear .---�4JO........... Depth . -JIlUS lODate ofPurchase ........................................................Name uf Former Owner ................................................... 11. Zone o, use 6o*dc+ in which premises are situated.... �V/....................................................... .................... l2 Does proposed construction violate any zoning low, ordinance orregulation? ........................Y.P.5................. 13. Name ofOwner ofpremises ..�C°.R,jjoJmw»s.............Address ......... ............ Phone No ............... NamenfArchitect ......................................................Address............................................ Phone Mo ............... Name nfContractor .--..—...---'--A6d,as -_.�a.t.ti.tl,0k............... Phone No ............... PLOT DIAGRAM Locate clearly buildings, whether existing orproposed, andindicate all set-back dimensions 6 property hnon Give street and block numbers or description according to deed, and' show street names and in6|( whether interior orcomer lot. ' ` STATE OF 7 ' SS COUNTYCfF��.��@� ~'_,—i ................................ ..~-...��ng 6u|yswmrn deposes and says that he /s the op ^ (Name of individual signing application) �6ovw named. H� � the ...--..,--.C�aU��cwc�a%t—.~~~._--,...,`~.__~'^._~_,,_^.^.,^~~,,._^^,,,_,,__ ' (Contractor, agent, corporate officer, etc.) ^f said owner or owners, and is duly authorized to perform or have performed the said work and to make u this application; that all statements contained in this oppUcnumm are true to the boat of his knowledge and and that the work will be performed in the manner set forth in the .opplication filed therewith. Sworn tobefore me this . ......... ........3— day of .. ........Jm«uas. . '� County' ..,.^-^~~ _.__'. � 0.7 .'� J•.F`'��c �! _ �A_I-N} _.Y -- � /fit ,.•.� ( Mtr +•. � .r• ' ,�.. •# G�•y • ( • 1 b�'ae Jr- a°1rw�� �j111�DINf? � 11 ti 1 E croW^R`a A e f r a 'r- �`i1�rT f t i/GfC • IOWN Or SOvruff,c 5vR Lor C4vMTr, N.Y. .&A s ! w20'- Nov, Nov, 9, 19&6 w ALN W. YOUNG,IROFES6iONAL ENGUNER Aim IA4 SlMAYY'OR,424 t?SritL*M AVE,RIVSHE",N. Y. l QUESTIONNAIRE b ! FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sa e? RECEIVED Yes X No B. Are there any proposals to change or alter land contours? JUN 14 ZOZZ X No Yes please explain on attached sheet. ' Zoning Board of ApPEaIis C. 1.)Are there areas that contain sand or wetland grasses?NO 2.)Are those areas shown on the survey submitted with this application?N/A 3.)Is the property bulk headed between the wetlands area and the upland building area?YES 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction?YES Please confirm status of your inquiry or application with the Trustees:PENDING and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?NO E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?NO Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises?NO If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval.TOWER C/O ATTACHED H. Do you or any co-owner also own other land adjoining or close to this parcel?YES If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel HEAVILY CONSTRAINED PARCEL_ W/ACCESSORY STRUCTURE and the proposed use SAME (ex:existing single family,proposed:same with arage,pool r other) 05/26/2022 Autho ' signature and Date r r � '�co•; Town of Southold 3/9/2018 P.O.Box 1179 $ 53095 Main Rd 7 Southold,New York 11971 ED CERTIFICATE OF OCCUPAN Y JUN 14 2022 Zoning B ppeals No: 39387 Da e. �Y �1�18 THIS CERTIFIES that the building ADDITION/ALTERATION Location of Property: 5670 Mill Rd,Mattituck SCTM#: 473889 Sec/Block/Lot: 106.-6-4.1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 6/6/1968 pursuant to which Building Permit No. 41277 dated 1/9/2017 was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: addition to an existing non-habitable storage building. The certificate is issued to Glebe Associates LLC of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED :I u ho ' Signature FORM NO. 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. 1 RECEIVED BUILDING PERMIT JUN 14 2022 (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL F Qoning Board of Appeals COMPLETION OF THE WORK AUTHORIZED) N9 3369 Z Dote .....................I......Januar .....40 19..6 . Permission is hereby granted to: ...........Mt t4 t Tact k................................................ ................................................................................ to •$ud ld...aow...aeeevsorr...BRl-ft-f4r...nOld.-Hill..Inn!!................................................. ...................................................................................................................................I............................ at premises located at ...S/8..J4jU. .Rosd.,&...W/6.-ftt•Bruck..111Mt.................................... .........................I....................I ttituckf...N..Y............................................................................... ................................................................................................................................................................ pursuant to application dated ................................JaMaryr.....1—/ 19....6..7, and approved by the Building Inspector. NOTEt Approved by Ad Appeals Fee $....10.............. Building � 'r1p Town of Southold 3/9/2018 P.O.Box 1179 53095 Main Rd o� Southold,New York 11971 RECEIVED CERTIFICATE OF OCCUPANLZoning N 14 2022 Board of Appeals No: 39386 Da8 THIS CERTIFIES that the building ELECTRICAL Location of Property: 5670 Mill Rd,Mattituck SCTM#: 473889 Sec/Block/Lot: 106.-6-4.1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 3/8/2017 pursuant to which Building Permit No. 41407 dated 3/9/2017 was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: electrical survey of an existing non-habitable storage building. The certificate is issued to Glebe Associates LLC of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 41407 4/4/2017 PLUMBERS CERTIFICATION DATED Autb riz ignature ACTI47 '' F THE ZONING BOARD OF APPEALS -• .,VATRTanuaxyA.,9, 1967 � 1 Appeal No. 1018 Dated January 3, lid! AMON OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Edward Abitz a/c J. Richard Holmes Appellant Mattituck Mill Road New York Mattituck, New York at a meeting of the Zoning Board of Appeals on Thursday, January 19, 1 367 the appeal was considered and the action indicated below was taken on your RECEIVED ( ) Request for variance due to lack of access to property A ( ) Request for a special exception under the Zoning Ordinance U N 14 2022 9) Request for a variance to the Zoning Ordinance Zoning Board of Appeals 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ................Sectioh .:...,:..1...... Subsection ................:. paragraph ••••............. of the Zoning Ordinance, and the decision of the Building Inspector -( �) be reversed ( ) be confirmed because 7:40 P.M. (E.S.T. ) , Upon application of Edward Abitz., Mattituck; New York, a/c J. Richard Holmes, .Mill Road, Mattituck, New York, for a variance .in accordance..with the Zoning Ordinance, Article -SV, Section 404, for permission to replace a non--.conforming-:accessory building. Location of property: south side Mill Road, Mattituck, New York, hounded north by Mill Road,. east by Mill Road-Mattituck Creek, south by Mattituck Holding Co., w.est,by Mattituck Holding ro. c 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and- (would) (would not) be shared by all properties alike in the immediate vicinity of this property and In the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and(would) (would not) change the character of the district because SEE REVERSE and therefore, it.was further determined that the requested variance ( ) be granted < ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. l zONLrTC, BOARD of APPEALS FORM ZB4 \ ! /J � A RECEIVED JUN 14 2022 After investigation and inspection the Board114FMg fI d peals appellant requests permission to replace an exist' - building with a new building. The proposed use of the building is for housing help. The first floor will be for storage in connection with the restaurant. The second floor for sleeping. quarters for help to be used during the season of. the restaurant. The Board finds that strict applicktion of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate,- vicifiity of) this property and in th: same use district and the germisslon granted herein -does observe .the spirit of, the-Ordinance•.)and.i4.ill not change , the character, of-the district. = , -Therefore.--it was. RESOLVED that Edward Abitz-,-,Mattituck, , New Yorki a/c J. Richard Holmes,: Mill,Rodd, Mattituck-, .New York,- be granted a variance for permission to replace a non-conforming accessory building with anew building to be erected .in the same location as the existing building. C.LJ� 11111111 IIII IIIII IIIII IIIII IIIII VIII Illll 11111 IIII IIII RECEIVED Illllllllllllllllllllllli JUN 14 2022 SUFFOLK COUNTY CLERK Zoning Board of Appeals RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 04/18/2019 Number of Pages: 6 At: 04:00:42 PM Receipt Number : 19=0077278 TRANSFER TAX NUMBER: 18-29776 LIBER: D00013008 PAGE: 995 District: Section: Block: Lot: 1000 106.00 06.00 003.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $620,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $250.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $400.00 NO Transfer tax $0.00 NO Comm.Pres $9,4.00.00 NO Fees Paid $10,130.00 TRANSFER TAX NUMBER: 18-29776 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 I , Fq J1 RECORDED Number of pages 2019 Apr 18 04:(Z:42 PM JUDITH A. PASCALE CLERK OF This document will be public SUFFOLK COUNTY record.Please remove all L UOOQ13008 Social Security Numbers P 495 prior t0 recording: DTH 18-29776 Deed/Mortgage instrument Deed Mortgage Tax Stamp Recording/Filing Stamps 3 r FEES EZorning EIVED Page/FIIIngFee Mortgage Amt. 1.Basic Tax 7 Handling 00 2, Additional Tax 1 4 2022 TP-584 Sub Total Spea/Assit. ard ofAppeals Notation or EA-5217(County) _ Sub Total Spec./Add. EA-5217(state) TOT.MTG.TAX 1L�� Dual Town Dual County R,PXS.A.-� 4bb -- Held for Appointment - Comm.ofEd, 5. 00 Transfer Tax Affidavit 05-i Mansion Tax The property covered by this mortgage is Certified Copy or will be Improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand TotalIf NO,see appropriate tax clause on .73 e# of this instrument. $-19 4 Dist.1O r 5 muriity Preservation Fund 19011433 ._ } Real Property Consideration Amount$. T Agency e R DTM a 1I1�1��1111�1�I011�III�I�II�I CPF Tax Due $ . Verification 16-APR-1 _Improved � 6 Satisfactions/Discharges/Releases LIst'Property uwners'maumg•nuuress RECORD&RETURN TO: Vacan�La� ,y1� t Land TD1007) �AV r¢ �'kcSe ,a►a,.x�2z: rS.q A O. 3o,+c 1�7a TD maT--r-:-r-eeC K , 1V y L(g sit TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name_ r www.suffolkcountyny.gov/clerk Title# Wo —3716-" 8 Suffolk County Recording & Endorsement Page This page forms part of the attached made by: (SPECIFY TYPE OF INSTRUMENT) S77s �/ Qa 17-y LLC The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN ofr.j lbl� lXe /Jor'Th hor1C 1n"rri ec.T W- In the VILLAGE or HAMLET of 61A'r- ,Tei c- k BOXES.6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING: over p.T , Doc ID: 19011433 R OTY A 16-APR-19 Tax Maps District. Secton Block -Lot Scliool District Sub Division Name 1000 10600 0600 003000 1000 10600 0600 004001 MATTITUCK-CUTCHOGUE RECEIVED JUN 14 2022 Zoning Board of Appeals Indenture Bargain and Sale Deed with Covenants Against Grantor's Acts THIS INDENTURE,made as of the 18"day of March, 2019, RECEIVED BETWEEN 5775 REALTY LLC, having an address at c/o Krasner&I ulus, 2iT01 U X022 Avenue;Suite 1700,New York,NY 10166,party of the first part,:and T NORTH - FORK PROJECT,LLC, having an address at c/o David J. Jannuzzi,Es .,�1°� 'a,nof Appeals Road, Mattituck,NY 11952, party of the second part, WITNESSETH,.that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck in the Town of Southold,County of Suffolk and State of New York, being more particularly described on Schedule A, annexed hereto and made a part hereof. TOGETHER with all right, title and interest if any,-of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all of the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns ofthe party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read"parties"whenever the sense of this indenture so requires. Being and intended to be the same premises conveyed.by Glebe Associates LLC to 5775 Realty LLC by deed October 24, 2018, recorded November 28, 2018 in Liber 12989 cp 241. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the da and year first above written. r In.Presence of 'S 75 e L C RECEIVED By: 14 2022 . a u uthorized signal zoning Board of Appeals ACKNOWLEDGMENTS STATE OF NEW YORK } ) ss.. COUNTY OF NEW YORK ) On the 18'h day of March in the year 2019, before me,the undersigned, a notary public in and for said state, personally appeared Hilah R. Iaulus personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that-by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public RoeEir DEiM 110""PUNj%8WE OF NEW YORK pmwre 0n Na 01 111 oasmw in&ffoa Gwr" . Wly Cdrrania6ion 6pi�s Octobw 21,2Q� FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO..7404=003715 SCHEDULE A-1 (Description of the Land) �] For Tax Map ID(s): 1000-106.00-06.00-00.4.001 RECEIVED 1000-106.00-06.00-.003.000 AMENDED 0310812019 JUN 14 2022 TAX LOT 003.000 Zoning Board of=Appeajls ALL that certain plot, piece or parcel of land, situate,lying and being at Mattituck,in the Town 0 ,eo Suffolk and State of New York, bounded and described as follows: BEGINNING at an point on the northeasterly side of Mill Road,said point being intersected by the division line between the property described herein and land now or formerly of JC Miller Management Inc.,said point being situate South 70 degrees 37 minutes 11 seconds East 167.05 feet from a concrete monument set in the'southwesterly side of Mill Road where land now or formerly of Strong West Mill,LLC meets land now or formerly of 5775 Realty LLC; RUNNING THENCE North 66 degrees 52 minutes East,46.58 feet through a wood bulkhead to a point in Mattituck Creek; THENCE through and along Mattituck Creek the following three(3)courses and distances: 1.South 23 degrees 08 minutes East,80 feet; 2.North 66 degrees 52 minutes East, 15.61 feet; 3.South 23 degrees 08 minutes East,32 feet to the northerly line of Mill Road; THENCE along the northerly line of Mill Road South 66 degrees 52 minutes West,53 feet to an angle point in said road; THENCE along the northeasterly side of Mill Road the-following two(2)courses to the point or place of.BEGINNING: 1.North 23 degrees 30 minutes West,98.35 feet; 2. North 53 degrees 23 minutes West, 15.81 feet. TAX LOT 004.001 ALL that certain plot,piece or parcel of land,situate, lying and being at Mattituck, in the Town of Southold,County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument on the southwesterly side of Mill Road where the same is intersected by the division line between the premises herein described andland now or formerly of'Strongs West.Mill, LLC; RUNNING THENCE along Mill Road the following three(3)courses and distances: 1. South 53 degrees 23 minutes East, 162.15 feet; 2. South 23 degrees 30 minutes East, 134.32 feet; 3. North 66 degrees 52 minutes East,53.97 feet to a wood bulkhead on the high water line of Mattituck Creek; THENCE southwesterly along said bulkhead and high water line of Mattituck Creek, 35.26 feet to land now or formerly of Alonzo F. Robinson; THENCE along said Robinson's land and land now or formerly of Killian the following two(2)courses and distances: Commitment far Title Insurance Printed: 03.21.19®02:38 PM Schedule A-1 Description NY-F r-rRvH-olo30.431004-SPS-1-19-7404003715 FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-003715 SCHEDULE A-f (Continued) RECEIVED 1.South 84 degrees 08 minutes 20 seconds West,68.70 feet;and JUN 14 2022 2.North 35 degrees 49 minutes 30 seconds West,295.99 feet to Mill Road and the poi t or place of BEGINNING. THE POLICY TO BE ISSUED under this commitment will insure the title to such uik f'i 99a§8ai�paSA n the premises which by law constitute real property. FOR CONVEYANCING ONLY: Together with all the right, title and.interest of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises., END OF SCHEDULE A Commitment for Title Insurance Printed: 03.21.19 @ 02:36 PM Schedule A-1 Description ' NY-FT-FRVH-01030.431004-SPS-1-19.7404.003715 RECEIVED BARGAIN AND SALE DEED JUN 14 202 With Covenants Against Grantor's Acts Title Number: Zoning Board of Appeals 5775 REALTY LLC to THE NORTH FORK PROJECT LLC SECTION: 106 BLOCK: 6 LOTS: 3 and 4.1 COUNTY OR TOWN: Southampton RECORD AND RETURN BY MAIL TO: David J. Jannuzzi,Esq. 13235 Main Road PO Box 1672 Mattituck, NY 11952 i INSTRUCTIONStRP-5217.PDF-INS):veww.oips statemy.us FOR COUNTY USE ONLY New York State Depardnant of C1,SwmC.de ` � s� /[�J I Taxation and Finance CZ Dato toad Recorded 1 4 / m U / I—T•J Office til Real PraDerty Tax Sarnces W— - RP-5217-PDF C5.Dool[ Q )C4.Pave L; lag,l tWl Property Trernefw r"ort Zeno) PROPERTY INF wmirIDN 1.P[aperb 567065775 Mil. P.oad Lochs{ •wailn,.e+E•1 •srRMMW.. MULL-;luck 11352•crt.aroAv +- IOS J Dryer The North Fort P_oje-, LLC 71 ) Nem -- •vsl rw�r..cvlwwr elver IMYF , use YWLOCOWIea wBr wvc RECEIVED 3.In hlaWaWilburn hdmaTIN Bills wetoINS eam Bung dohw than buyer addmsslal bottom at term) U51l .Cak a rRH~ ^022 Address JUN 14 L s•nPP-:u..e.wsr.rs •- nm aarlJM s•.re ;v •F - . 4.Indkatatlisnumber ofAssessment 2 Part ofaPsral ton y9Pad aftPar al)Check as they appy: edP.tel' °R [toning Board of Appeals Reg parents Vamferlsd oaths dead M1.Flnnnlp Board with Sld>6ti+wn Authority Ensu e.Deed OR' 0.00 AB.Subd soonApprovalwasRegdtadhirTiender ••••T� •�aS.l rl Ll ..'r— •Acorn Bra `4M ParcNApplwadfw,guubdrAeNn aM tlapPmeled El/ . L-174!� Realty LLC- •y�Ah �VIUSoRl Slr3l1� 5.511111 •I anti r,swrovr'w+ •-_• �•-- niN IJYP. •— - lhane {.YI ti/W mWAl1. �••• rJ19:tWf( . 7.Word the dna*dm which man aamrauy,dne[ihee Via Clink the barn orlon as rotate Mly: use of the praps"y at the Unna of ads: B.Owmnhp type n Cordon mum ❑ 1'.Cunnuercial 1.Now Consim boo on aWcarrtLOW ❑ --• 19A.Pro"Lauth Wmul anAplsadlu[al Drs1da ❑ . 11x1 BVjor femiwd a d stAotwe voice Indlrav-the tha pnopee/u m n AgncWhaA DnMd C SALE INFORMATION 1i Chose ono or mon ofthan condfions n applicable to hanetar. K Sate Between Rdavm or Former Retodms 11_BCM Cement Dab B am berwaae Retried Campari®or Partners m Bumea C.an W tie Buyers a elm a Sever •12 owe of 8atafirsrrhr 03/18/203.9 D.Buyer or sager Is Government Agency or Landing Inebtlldm E Dead Type notWerramy er 8wvam and Bale tSpK6 Belew) F.Sate ofFlaebmun w Lire than Fro Intaleet(Speciy BNaq •1].Full Stu Pdev 620,00"•00 _ (L Sym6wm Chonve m Pwpnq Bet-Ila Te■atle Sterna and SW Daae K Sub of Business la'Induded In Bets Prla 1 Fur Sae No is the WW amount pad for per l �ari ply Iv punamp pnY I.otherururated FwArs Alaalnv Seta Pita IBtealy Bebe . Tan payment me/he In the form or wh atter property or goods•at me aiswron of yNore nmrtMes or tow ab igatana.)Womvmurd fo go Reamer anon Waraamunt 1 Coinneem(e)onCondition: Is.Indicate do vats at paeonal PmPnY Included In dile eals ASSESSMEN r INFORMATION-Data should reflect the latest Final Assessment Rae and Tar[BIO If.van ofAssoaaarnt Rog from which hilermatlon toiantYYt jp *17.71etilAnaawdvalue 10,500 '1B.Prop"l:tm 42_ /31� --_ •1B.Bt:haW DLMe[Nsme MauiLOCK/Cutchoguo Tax Map IdsndfieneVRoa IaaNfMKs)tam then tow,aeuh alts!rah 801donal Identtagal) It)5a•)06-E-3 iCCG-l0E-6-4.) CERTIFI N 1 Cerny thatatlaftha terms of tnPamtlon aanied on pita forte we bw and caned Ito tho bastaf my inowledae and began and 1 understand that this making clary sdl ul We suanealt o1 metadal hit hentta*d*d m to tllo.amrlsiamelaLpr fwnel law•wut is to the ntaibgf and Sprit efforts Whunand. SELLERBIS'}� Q BUYER CONTACT INFOIAT)QN 3�,�/ CYrerwmsoastralda�eeXar aa![tIULLCIO(at/.ef�QNl.mlaSNa4.m1'lmyalnpllly eIWP airlyaWsn�an ntrdl.dgwedaoaaar,wnenme end eoKaen4ts-ne�dwlwm.tlwNa[pmWNa � ( .'10 Ran a1lMVWefeerirleew®glAaalWfir m.v aoercwp 7sp orpM eierty1 7aI,P 6,GWrIF•i • nM• 1 11 ®ttanale TORE /YIAT�T N-rr• .I.►7�°.r��► V1 - hili Navy •Y,C�iQX 9n•,'NPir8Pl7ea:e.ermz 1 GT po. Rwc SY •Uvf2i N.w.Pm -s111nA1hWL 12L .z I-M iaur •tun •xvcaom a1JTEBY p :AAIAi 1.21 . u S LA--PFAITH W I fa3! o7�Lg- Fr�cS _ aarac;ns wwar. NORTH FORK PROJECT a New York Limited Liability Company RECEIVED OPERATING AGREEMENT JUN 14 2022 Zoning Board of Appeals AGREEMENT,dated the 3rd day of March,2019 by and between the , is hereby adopted as the written Operating Agreement of NORTH FORK PROJECT, (the "Agreement"). WHEREAS,this Agreement does not contain any provisions inconsistent with the Articles of Organization of this Company, and WHEREAS,the members wish to set forth provisions relating to the business of this Limited Liability Company, the conduct of its affairs and the rights, powers, preferences, limitations or responsibilities of its members, manager, 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 this Limited Liability Company or the conduct of its affairs or the rights,powers,preferences,limitations or responsibilities of its members, manager, employees, or agents, as the case may be, or to any matter which this Limited Liability 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") or in other applicable statues or rulings. ARTICLE II FORMATION 1. The undersigned have authorized the formation of this limited liability 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 July 17, 2008. 2. The name of this Limited Liability Company is NORTH FORK PROJECT (hereinafter, the "Company"). 3. The Company is formed for and to engage in any lawful business purpose in the State of New York. t � 4. The principal place of business of this Company shall be located at 5550 West Mill Road, Mattituck,NY 11952. 5. There is no individual or entity that is the Registered Agent of this Company. ')VV 6. The Secretary of State of New York is designated as agent of this Company upon whom process against it may be served, and the post office address to which the ecretar �€� p shall mail a copy of such process is: JUN 14 2022 NORTH FORK PROJECT 2 5550 W Mill Road Zoning Board of Appeals Mattituck, NY 11952 7. The Company has no specific date of dissolution,to wit,unless sooner dissolved pursuant to this Agreement or pursuant to the provisions of the Act. ARTICLE III MEMBERS/MANAGER Percentage Member Manager Address Interest ANTHONY MARTIGNETTI 100 % 2. Unless specifically set forth otherwise in the Articles of Organization or by amendment thereto,management of this Company shall be vested in the member Manager,who shall be subject to all of the rights, duties, privileges and liabilities of manager, as set forth in the Act. Such members names and addresses shall be set forth in the Books and Records of this Company. 3. A member shall not have the right to assign his interest in this Company unless he obtains the consent of two-thirds of all of the members (both managers and members) in writing which consent can be withheld in the absolute discretion of each member. In the event that such consent is obtained the assignee must agree in writing to be bound by the terms and provisions of this Agreement. A member may assign all or part of the member's interest in the Company to a family member that is currently a member of the Company without the consent of the members. 4. This Company shall keep books and records pursuant to Sec. 1102 of the Act,either in written form or in other than written form if easily converted into such written form within a reasonable time. Such books and records shall be maintained on a cash basis pursuant to this Agreement, and the Accounting Year of this Company shall end on December 31 st. 2 5. Each member may inspect and copy,at his own expense,for an purpoRLr�7APpeals related to such member's interest as a member, the Articles of Organiz tion, the Op Agreement, minutes of any meeting of members and all tax returns or finan 'al statd nJ Company for the three years immediately preceding his inspection,and other i formation re the affairs of this Company as is just and reasonable. Zoning Boar 6. No member shall be personally liable for any debts, obligations or liabilities of this Company or of any other member,solely by reason of his being a member of this Company,whether such debt arose in contract,tort or otherwise. However, such member shall be personally liable for the payment of his Capital Contribution or for any other matter which may be set forth in this Agreement. 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 capacity as a member. 7. The Company shall be managed by one manager—Anthony Martignetti has been elected Manager and shall continue to serve as member Manager in accordance with the provisions of this Agreement. In case of any vote for the election of Manager all members agree to vote for Deborah Rivera only. The vote of one manager only shall be required to approve the sale,exchange, lease,mortgage,pledge or other transfer or disposition of all or substantially all of the assets of this Company and all documents relating thereto shall be signed by the manager and no other signature will be required and no person shall inquire into the authority of said manager to execute such documents as the act and deed of this Company. 8. If the Articles of Organization,provide that the management of this Company shall be vested in a manager or managers or class or classes of managers, then the management of this Company shall be so vested in accordance with the Act, subject to any provision of the Articles of Organization, the Operating Agreement and Section 419 of the Act. a) The names and addresses of the manager or managers or class or classes of managers are set forth herein and in the Books and Records of this Company. A manager may, but need not be, a member of this Company. The manager can appoint or employ another person or company as managing agent in their sole discretion. b) Should there at any time be less than one manager because of the death, retirement, resignation, or incapacity as adjudicated by a competent court of jurisdiction of a manager, the decision to continue this Company and the election of a new manager shall be made by vote or written consent of at least eighty percent(80%)in interests of all members entitled to vote thereon. C) The manager shall have the power and authority on behalf of this Company to do all things as set forth in Sec. 202 (a)-202(q) of the Act. d) If the management of this Company is vested in a manager or managers then no member, by reason of being a member, is an agent of this Company for the purpose of its business 3 unless authority has been delegated to such member by the manager or by some other provision of this Agreement. RECEIVED -�j�b� e) The manager shall perform their duties as manager in gc od faith and witt degr e of care which a reasonable and prudent person in a like positio woulAUNsJ Ll simil r circumstances. Each manager's liability to this Company or to its in mbers for damages for y breach of duty in such capacity is eliminated, except if there is a fin n adverse to the manager that established that his acts or omissions w re in a ai or invo ved intentional misconduct or a knowing violation of law or that he personally gained in fact a financial profit or other advantage to which he was not legally entitled or that results in a distribution in violation of Section 508 (a) of the Act. There may not be any elimination of liability for any act or omission committed prior to the adoption by this Company of a provision eliminating such liability. f) A manager shall not be required to manage this Company as his sole business interest but may,without liability to this Company or its members,be involved in the management of other entities and activities that do not adversely affect his capacity to exercise his obligations to this Company. 9. Except as set forth in Article III, paragraph 3 of this Agreement, no member shall have the right to give,sell,assign,pledge,hypothecate,exchange or otherwise transfer to another,all or any part of his Membership Interest in this Company. ARTICLE IV MEETINGS 1. Special Meetings may be called for any purpose by the manager or any member or group of members holding not less than twenty-five percent (25%) of the Membership Interest. 2. Whenever it is anticipated that members will be required or permitted to take any action by vote at a meeting, written notice shall be given stating the place, date and hour of the meeting, stating the purpose of such meeting, and under whose direction such meeting has been called. Such notice of meeting shall be given personally or by first class mail,not less than ten nor more than fifty days before the date of such meeting. Such notice of meeting need not be given to any member who submits a signed waiver of notice, in person or by proxy,whether before or after the meeting. 3. A majority in interest of the members, in person or by proxy, 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. No notice of adjourned meeting is necessary if the time and place of the adjourned meeting is announced at the meeting at which the adjournment is taken. 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 4 0 0 less than a quorum being present and all votes taken are binding upon the members of this Company. All acts at a meeting of members at which a quorum is present, shall be the act of all the members and be binding upon them,except such vote requires a greater proportion or number.of membership interests pursuant to the Act, or the Articles of Organization or this Agreement. 4. A member may vote in person or by proxy executed in writing by a 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. FRECEIVED ARTICLE V 4 2022 MONEY MATTERS ZoninZe ard of Appeals 1. Each member of this Company shall contribute the amount set fortr isname as set forth in the Books and Records of this Company as the sole Capital Contribution to be made by him. The failure of a member to make any required contribution shall be of a majority in interest of the remaining members who shall be entitled to vote thereto: a. Reduction or elimination of the defaulting memberMs interest; and/or b. Subordination of the defaulting memberMs interest to that of the non-defaulting members; and/or C. Forced sale of the defaulting memberMs interest; and/or d. Forfeiture of the defaulting memberMs interest; and/or e. The lending by the other members of the amount necessary to meet the defaulting memberMs commitment; and/or f. Any other reasonable and lawful method to rectify such memberMs failure to meet his obligation. 2. An Account denominated as a Member Capital Account shall be maintained for each member. Profits shall be distributed as follows: An amount equal to 6%per annum, computed on the balance in each capital account shall be paid to each member and managing member on a preferred basis. Any profits remaining after the foregoing distribution has been made will be distributed to the members and the managing members in accordance with their percentage interest in the Company. 3. In the event that there are insufficient funds to operate the property then at the option of the manager the following may occur: (1) a cash call of all the members may be made , in the event of such a cash call any member who fails to provide the requested sum will be subject to dilution of the members membership interest in the Company; or (2) in lieu of a cash call, the managing members may lend to the Company a sum sufficient to run the property on a sound basis and in return the managing members will receive interest on the loan computed at the rate of 2% above the prime rate of Chase Manhattan Bank or 12% per annum, whichever is higher. The 5 managing members will allow members to participate in the loan to the Company on a proportionate basis if they so desire. Any loan owed to a member by this Company shall have priority in payment over other distributions. 4. No member shall receive from this Company any part or portion of his Capital Contribution until all liabilities and debts of this Company have been paid and there remains sufficient assets in this Company sufficient to pay them, without pla ing the cnft�' Company in a reasonably disabling position. A statement from the Con pany's RWESVWto this effect shall be placed in the Books and Records of this Company. JUN 14 2022 5. No distributions shall be made which render Us Company insolvent. Notwithstanding anything herein contained to the contrary all proceeds r cZ6-oO4*tWL6cff ApIpmLy from the sale or refinance of the Property(the"Proceeds")shall first be ap Capital Contributions of the members in reduction thereof. If after the Capital Contributions have been fully repaid,any proceeds remaining shall be distributed to the members in proportion to their percentage interest in this Company as set forth in Article III hereof. The Managing Members, however, shall have the right to withhold a reasonable portion of the proceeds received from refinancing the Property for repairs or improvements of said Property or for any other good business purpose which in their sole judgment they deem necessary. 6. No member shall be entitled to interest on his Capital Contribution nor is such member entitled as a matter of right, to a return, in part or in whole, of his Capital Contribution, notwithstanding anything to the contrary herein. 7. All necessary federal and state tax returns for this Company shall be prepared and filed in a timely manner. Each member shall furnish any information in his possession that may be necessary and pertinent to the preparation of such returns. 8. The Company shall: a) Adopt the calendar year as its Fiscal Year. b) Adopt the cash basis as its method of accounting and keep its books and records on such basis. C) If a distribution as described in Sec. 734 of the Internal Revenue code occurs or if a sale or transfer of a Membership Interest described in Sec. 743 of the Internal Revenue Code occurs,upon the written request of any member,to elect to adjust the basis of the property of the Company pursuant to Sec. 754 of the Internal Revenue Code. d) Elect to amortize the organizational expenses of this Company and the start-up costs of this Company under Sec. 195 of the Internal Revenue Code ratably over a period 6 of sixty months as permitted by Sec. 709(b) of the Internal Revenue Code. e) To make any other election permitted by law that the manager may deem appropriate and in the best interest of the members. 9. Neither this Company nor any member may make an elLthe. cany to e excluded from the application of Subchapter K of Chapter 1 of Subtit jt�even e Code or any similar provisions of applicable state law, and no provisio �i `nen shall einterpreted to authorize any such election. d of Appeals10. Anthony Martignetti is hereby designated as "tax matthis Company pursuant to Sec. 6231 (a)(7) of the Internal Revenue Code and shall take all actions as may be necessary to cause each other member to become a"notice partner"within the meaning of Sec.6222 of the Internal Revenue Code. ARTICLE VI DISSOLUTION 1. This Company shall be dissolved and its affairs wound up on the first to occur of the following: a) The latest date on which this Company is to dissolve, if any, as set forth in the Articles of Organization, or by a judicial decree pursuant to Sec. 702 of the Act. b) The vote or written consent of the manager. c) The bankruptcy, death, expulsion, incapacity or withdrawal of any manager,unless within six months after such event, this Company is continued and a new manager elected to replace said manager either by vote or written consent of a majority in interest of all the remaining members. 2. Upon dissolution of this Company,the members or manager may,in the name of and on behalf of this Company, prosecute and defend suits, whether civil, criminal or administrative, settle and close this Company's business,dispose of and convey this Company's property,discharge this Company's liabilities and distribute to the members any remaining assets, all without affecting the liability of each and every member. 3. Upon dissolution, the assets of this Company shall be distributed as follows: a) To creditors, including members who are creditors, to the extent permitted by law, in satisfaction of liabilities of this Company,whether by payment or by establishment of adequate reserves,other than liabilities for distribution to members under Sec. 507 7 or Sec. 509 of the Act. b) To members in satisfaction of liabilities for distribution under Sec. 507 or Sec. 509 of the Act. C) To members first for the return of their Capital Contributions,to the extent not previously returned, and second, respecting their Membership Interests, in the proportions in which the members share in distributions in accordance with the foregoing provisions of this Agreement. RECEIVED 4. Within ninety days following the dissolution and the commc ncemefid�iup the affairs of this Company,or at any other time there are no members,Articles ofAsisso u ons all be filed with the Secretary of State of New York. Upon such filing of Articl s of Dissolution by the Secretary of State of New York, the Articles of Organization shall be dee AV%�Wgpj&ppeals 5. Upon liquidation of this Company within the meaning of Sec. 1.704-1(b) (2)(ii) (g) of the Treasury Regulations, if any member has a deficit Member Capital Account (after giving effect to all contributions, distributions, allocations and other adjustments for all Fiscal Years, including the Fiscal Year in which such liquidation occurs)the member shall have no obligation to make any Capital Contribution, and the negative balance of any Member Capital Account shall not be considered a debt owed by the member to this Company or to any other person for any reason. 6. If not otherwise provided by this Agreement and if permitted by applicable law,upon dissolution,each member shall receive a return of his Capital Contribution solely from the assets of this Company. If,after payment or discharge of the debts and liabilities of this Company,such assets are insufficient to return any Capital Contribution of any member, such member shall have no recourse against any other member. ARTICLE VII GENERAL CONSTRUCTION 1. When the masculine gender is used in this Agreement and when required by the context, the same shall include the feminine and neuter genders and vice versa. 2. 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. 3. This Agreement contains the entire agreement among the members with respect to the operation of this Company, and supersedes each and every course of conduct previously pursued or 8 consented to and each and every oral agreement and representation previously made by the members with respect thereto,whether or not relied or acted upon. No amendment of this Agreement shall be effective unless made in writing duly executed by all members and specifically referring to each provision of this Agreement being amended. No course of conduct or performance subsequently pursued or acquiesced in and no oral agreement or representation subsequently made, by the members, whether or not relied or acted upon, shall amend this Agreement or otherwise affect any members' obligations, rights or remedies pursuant to this AgreemfeermittddjNojb4 . RECEIVED 4. Any notice, demand or other communication required or 2@2qn pursuant to this Agreement or under the Act shall have been sufficiently given for all purposes, if given pursuant to the provisions of this Agreement or as set forth in the Act aagch$peals 5. Where this Agreement refers to consent or vote or any other action of members, members shall include members and managing members except where this agreement gives special rights to the managing members. ARTICLE VIII MISCELLANEOUS PROVISIONS 1. The members have formed the Company under the Act,and expressly do not intend to form a partnership under either the New York State Partnership Act nor the New York State Limited Partnership Act. The members do not intend to be partners one to another,or partners as to any third party. To the extent any member, by word or action, represents to another person that any other member is a partner or that the company is a partnership,,the member making such wrongful representation shall be liable to any other member who incurs personal liability by reason of such wrongful representation. 2. This Agreement is entered into among the Company and the members for the exclusive benefit of the Company,its members,and their successors and assignees. This Agreement is expressly not intended for the benefit of any creditor of the Company or any other person. Except and only to the extent provided by applicable statute, no such creditor or third party shall have any rights under this Agreement or any agreement between the Company and any member with respect to any Capital Contribution or otherwise. 3. This Agreement can be executed in counterparts. IN WITNESS WHEREOF,the persons signing this Agreement below conclusively evidence their agreement to the terms and conditions of this Agreement by so signing this Agreement. 9 Manager Members RECEIVED ANTHONY MARTIGI 4ETTI JUN 14 2022 Zoning Board of Appeals 10 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance,area variance or subdivision approval on 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 239ut and 239n of the General Municipal Law. �/VV 1. Name of Applicant:NORTH FORK PROJECT LLC RECEIVED 2. Address of Applicant:5550 W.MILL ROAD,MATTITUCK,NY 11952 3. Name of Land Owner(if other than Applicant): 22 4. Address of Land Owner: 5. Description of Proposed Project:LEGALIZE AS-BUILT 17'X20.3'STORAGE SHED Zoning Board of Appeals 6. Location of Property:(road and Tax map number)W MILL ROAD,MATTITUCK,NY 11952-SCTM 1000-106.00-06.00-004.001 7. Is the parcel within 500 feet of a farm operat'on. { }Yes No 8. Is this parcel actively farmed? { }Yes V No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm .operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) 05 /26 /2022 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 Form Instructions for Completing %� EIVED . Part 1-Project Information. The applicant or project sponsor is responsible for the co pletion o art 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject toAfuhgr u�jj cation. Complete Part 1 based on information currently available. If additional research or investiga'on woulc���nd$d�t�lly respond to any item,please answer as thoroughly as possible based on current information. LS Complete all items in Part 1. You may also provide any additional information which you belie �� ��iQ r aby ffl seiul to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: NORTH FORK PROJECT- LEGALIZE AS-BUILT STORAGE SHED Project Location(describe,and attach a location map): 5775 W. MILL ROAD, MATTITUCK, NY 11952 Brief Description of Proposed Action: AS-BUILT CONSTRUCTION OF 17'X20.3' (345SF) STORAGE SHED ON ORIGINAL FOOTPRINT OF EXISTING NONCONFORMING SHED THAT WAS DEMOLISHED BY A WINTER STORM. Name of Applicant or Sponsor: Telephone: 631-315-6070 FINNEGAN LAW, P.C. -MARTIN D. FINNEGAN E-Mail: MFINNEGAN@NORTHFORK-LECAL.COM Address: PO BOX 1452 City/PO: State: Zip Code: MATTITUCK �NY 11952 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO - YES administrative rule,or regulation? X 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: X SOUTHOLD TOWN TRUSTEES 3.a.Total acreage of the site of the proposed action? 0.23 acres b.Total acreage to be physically disturbed? 345SF aefes c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.452 acres 4. Check all land uses that occur on,adjoining and near the propos-edaction. , / 11Urban 1:1Rural(non-agriculture) ❑ ndustrial »Commercial M Residential(suburban). El Forest 1:1 Agriculture Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existin built o NO YES landscape? RECEIVED X 7. Is the site of the proposed action located in,or does it adjoin,a state list d Critical Environmental Area? NO YES If Yes,identify: M 14 X 8. a.Will the proposed action result in a substantial increase in traffic abo e proenentt levels? of Appeals NO YES LL X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES' If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES X 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? X b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the,proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Ide tify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: horeline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional Wetland ❑Urban V(Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, X a.Will storm water discharges flow to adjacent properties? ❑NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑ YES Page 2 of 4 r 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? X If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? X If Yes,describe: RECEIVED 20.Has the site of the proposed action or an adjoining property been the subject c f remedi ( i NO YES completed)for hazardous waste? X If Yes,describe: Zoning Board of Appe Is I AFFIRM THAT THE INFORMATION PROVIDED'ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: MPTIM D.FINNEGAN Date: 05/26/2022 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 impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? RECEIVED Part 3-Determination of significance. The Lead Agency is responsible for the complet' n of Par F r ev$�',, question in Part 2 that was answered"moderate to large impact may occur",or if there is a n ed to exYy4 lZ22ular element of the proposed action may or will not result in a significant adverse environmental i pact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design ele n�ol�a mee beee�n�n�cluded by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agen y ete a Qi}MIS may or will not be significant.Each potential impact should be assessed considering its setting,pro a i i y ; duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts.' Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Town of Southold LWRP CONSISTENCY ASSESSMENT FO RECEIVED A. INSTRUCTIONS JUN 14 2022 1. All applicants for permits* including Town of Southold agencies, shall complete this CC for proposed actions that are subject to the Town of Southold Water& dp%flQAV� This assessment is intended to supplement other information used by a J own ot Southoldagency 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# 106.00 -06.00 _004.001 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees ElZONING BOARD OF APPEALS 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: AS-BUILT CONSTRUCTION OF 17'X20.3'(345SF)STORAGE SHED ON ORIGINAL FOOTPRINT OF PREVIOUSLY EXISTING SHED THAT WAS DEMOLISHED BY A WINTER STORM. Location of action: W. MILL ROAD, MATTITUCK,NY 11952 Site acreage:0.23 ACRES Present land use:ACCESSORY STORAGE RECEIVED Present zoning classification:MII JUN 14 2022 2. If an application for the proposed action has been filed with the TWAftgf �o�slAa ee cy, he following information shall be provided: als (a) Name of applicant:NORTH FORK PROJECT LLC (b) Mailing address:5550 W. MILL ROAD MATTITUCK,NY 11952 (c) Telephone number:Area Code( )631-315-6070 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No® If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes,adverse effects of development. See LWRP Section III—Policies; Page 2.for evaluation criteria. ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ® Yes ❑ No ❑ Not Applicable THE AS-BUILT STRUCTURE REPLACES A SHED THAT WAS IN EXISTENCE FOR OVER 100 YEARS AND PROVIDES VITAL STORAGE FOR THE OLD MILL INN RESTAURANT ON THE NEIGHBORING PARCEL. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes 0 No ® Not Applicable RECEIVED N 14 2022 Zoninq Bnard of Appeals Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes E No ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria Ed Yes 0 No ®Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes D No® Not Applicable 1 jJJJ ti Attach additional sheets if necessary ^ n Policy 7. Protect and improve air quality in the Town of Southold. See7RECEIVED licies Pages 32 through 34 for evaluation criteria.Yes ❑ No® Not Applicable Board Ot Appeals Attach additional sheets if necessary Policy. 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. n ❑ YeED No® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable RFCEIVED 202 Attach additional sheets if necessary zoniny Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III— Policies; Pages 62 through 65 for evaluation.criteria. ❑Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Created on 512510511:20 AM Board of Zoninu Alpipeals A licatio RECEIVED AUTHORIZATION JUN 14 2022 (Where the Applicant is not the Owner) Zonina Board of Appeals ANTHONY MARTIGNETTI, SOLE MEMBER OF L NORTH FORK PROJECT LLC residing at 5550 W. MILL ROAD, MATTITUCK (Print property owner's name) (Mailing Address) NY, 11952 do hereby authorize MARTIN D. FINNEGAN, ESQ. (Agent) --------------------------------------------------- to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. OAAt (Owner's Signature) ANTHONY MARTIGNETTI SOLE MEMBER OF NORTH FORK PROJECT LLC (Print Owner's Name) 1 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics arohibits conflicts of interest on the part of town officers and employees.Theonr o ��� of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME ANTHONY MARTIGNETTI RECEIVED (Last name,first name,middle initial,unless you are applying in the name of sour ne else or other entity,such as a company.If so,indicate the other person's or company's name.) JUN 14 2022 TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Zoning Board of Appeals Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest.`Business interest"means a business,including a partnership,in which the town ofRcer'or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative).and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP VA Wj Submitted this �t day of`Apaw .2022 Signature. �,I( v Print Name ANTHONY MARTIGNETTI AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The 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. I YOUR NAME: MARTIN D.FINNEGAN (Last name,first name,middle initial,unless you are applying in the nam of someongelse eFotl� ity,such a a company.If so,indicate the other person's or company's name.) i C1� TYPE OF APPLICATION:(Check all that apply) JUN 1 4 2022 Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Board of Appeals Approval of Plat Mooring Other(activity) Planning` Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X o i •If you answered"YES",complete the balance of this form and date and sign where indicated. i 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) i 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 i i i Submitted this 726th p May 5 20 22 i Signature Print Name MARTIN D.FIN .q f I 1 F.•.. i w r fi F`s �K:J' • r r i ' 1 �1 1. - c s ' r '+A�talav s72-or-I 1711, 0,10�. AIL r - T, I , L �x � <r 3r + ..tea—"-"��"��►.�r� _ en�.� :\ �; .. } off' .. v - RECEIVED JUN 14 2022 4 a r + I Or ors- , { �, C - r TOWN OF SOUTHOLD Pf:tOPERTY RECON OWNER 5-4-q5 STREET I-�' r VILLAGE DISTRICT SUB. LOT -�tlt? �,...� FORMER WINFER aAO N E ACREAGE ti.�C G C �,t 4� /�✓LL_ JLL RD 4- 4,wo . S' W TYPE OF BUILDING A7'7, llaa ed `- yam, a' RES. SEAS. VL. FARMCOMM. I IND. I CB. I MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS rJ u " p 700 --T)Z/1/41 Labex 2�Z6*244-1 —Niugtr1e% A, N'te I AGE DING CONDITION NEW ORMAL BELOW ABOVE FRONTAGE ON WATER Form acreN slue Per Acre Value FRONTAGE ON ROAD _— Tillable 1 > BULKHEAD _— LU—r' -- — -- — - - - - --- -- - ._.—._ Tillable 2 w z I DOCK Tillable: 3 ,3- Woodland Olga- 11413 ' cd- d's er - v G SwamplandPet SQ 1,1 400ioz)a Z t c — S L, t ► d r G'S 1 � � 4 �.1515� t House Plot TotalL,126` A ;L►} - ASIC . 5'+'�� I SCTM # - - -- 1�'� 1 - TOWN OF SOUTHOLD PROPERTY R17/ OWNER STREET �� VILLAGE DIST SUB LOT ACR. REMARKS +9- r TYPE OF BLD. PROP. CLASS 1 LAND IMP. TOTAL DATE C b fu H L U o m _ c 0 N FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL , - ;- , I I � 77 , I 106.-6-4.1 03/09/2018 : M Bldg Foundation Bath _. _ Basement ---- Floors Cxtension w N ; Ext. Walls i Interior Finish ExtensionU z COo ! Fire.Place Heat i --. _ �__. .... S ` ( Porch l Roof Type o , I ►� ; Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor I Garage i Driveway Dormer Qt { ZBA CHECK FEES - 2022 Funding Account- B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 6/13/2022 Diviney, Daniel&Suzanne 7683 $500.00 8550 6/17/2022 6/15/2022 Key Capture Energy, Inc. 7684SE V $1,000.00 8645 6/17/2022 6/15/2022 North Fork Project LLC . .81, 7688 $1,500.00 1107 6/17/2022 6/16/2022 Key Capture Energy, Inc. 7685 V $1,000.00 8643 6/17/2022 6/16/2022 Key Capture Energy, Inc. 7685 ✓ $400.00 8644 6/17/2022 6/16/2022 Key Capture Energy, Inc. 7686 ✓ $300.00 8642 6/17/2022 $4,700.00 RECEIVED JUN 2 3 2022 Southold'Down Clerk I ,� ----- 1107 FINNEGAN LAW, P.C. PO BOX 1452 MATTITUCK,NY 11952 1-2/210PAY I� DATE 05/ - TO THE 0� DlT m ORDER OF �.1 S® 1 $. /0500. 00 III ��aa,, iVF.a:urm I DdLLARB CHASE 0 Morgan Chase Bank,.A. www.Chase.com f d Y FOR rtM F -LLQ. !/C��Ia�'1C2S -- --- - - --- RECEIVE® JUN 2 3 2022 Southold Town Clerk Nh of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 06/23/22 Receipt#: 301757 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7687 &7688 $1,500.00 Total Paid: $1,500.00 Notes: Payment Type Amount Paid By C'K#1107 $1,500.00 . Finnegan, Law P. C. Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Finnegan, Law P. C. Po Box 1452 Maiituck, NY 11952 Clerk ID: SABRINA internal ID:7687&7688 V V Westermann, Donna ,V2-, triFrom: Martin Finnegan <mfinnegan@northfork.law> Fli Sent: Friday, October 14, 2022 9:27 AM To: Fuentes, Kim; Sakarellos, Elizabeth;Westermann, Donna Cc: Annalise Schweitzer Subject: [SPAM] - Old Mill Attachments: So Trustees Permit &Appry Plan 2-16-22.pdf, So Trustees Permit 7-14-21.pdf Kim, Attached are the Trustees' Permits for the restaurant and bulkhead that Leslie requested during our hearing on the garage. Regards, RECEIVED Martin OCT 14 2022 MARTIN D.FINNEGAN,ESQ. FINNEGAN LAW P.C. Zoning Board of Appeals 13250 Main Road P.O. Box 1452 w Mattituck,New York 11952 T 631.315.6070 C 516.298.5384 mfinne an ,northfork.law www.northfork.law CONFIDENTIALITY NOTICE:The information contained in this e-mail and any attachments may be legally privileged and confidential.If you are not an intended recipient,you are hereby notified that any dissemination,distribution or copying of this e-mail is strictly prohibited.If you have received this e-mail in error,please notify the sender and permanently delete the e-mail and any attachments immediately.You should not retain, copy or use this e-mail or any attachment for any purpose,or disclose all or any part of the contents to any other person.Thank you. ATTENTION:This email came from an external source. Do-not open attachments or click on links from unknown senders or unexpected emails. 1 eell._,-,I ;z___ atw ll AA RECEIVED BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK OCT 14 2022 PERMIT NO. 10084 DATE: FEBRUARY 16,20 27_oning Board of App, ISSUED TO: NORTH FORK PROJECT,LLC PROPERTY ADDRESS: 5775 MILL ROAD,MATTITUCK lie SCTM#: 1000-106-6-3 AUTHORIZATION rR Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in i A accordance with the Resolution of the Board of Trustees adopted at the meeting held on February 16,2022,and in consideration of application fee in the sum of$250.00 paid by-North Fork Project. Lt,C-and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to renovate and modify existing commercial building(Old Mill Inn,originally constructed circa 1821), by raising in-place a 1,455sq.ft.,2.5 story portion of building 4.5 feet fl, over new/modified piling foundation(with interior renovations); removing and replacing in- place 100sq.ft.,one-story portion of building with 1.5 story space over new piling foundation with attached 30sq.ft.wood stoop and steps for access; removing and replacing in-place 1,310sq.ft.one-story portion of building with 388sq.ft.one-story open porch and 922Sq.ft.of .......... open wood deck and steps over new/modified piling foundation(design emulates original building footprint); removing 107s •f,one-story portion of building and 22s •f.cellar entrance; and constructing a 127sq.ft.ADA compliant access ramp; replace surface of existing 4 I 665sq.ft.wood deck to remain; remove and replace masonry walkway; upgrade existing sanitary system with I/A OWTS system; install stormwater drainage system; remove existing LP tank and fencing; and temporarily remove and replace overhead utilities; and as depicted �1 on the site plan prepared by Meryl Kramer Architect,last dated December 17,2021,and stamped approved on February 16,2022. gv IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Sea]to be affixed,and these presents to be subscribed by a majority of the said Board as of the 16th day of February,2022. PI-FuLf WIM av�'�"di�� �4e C40 15 ;gl•-I J** W, ! _ RECEIVED OCT 14 2022 TERMS AND CONDITIONS Zoning Board of Appeafs The Permittee North Fork.Proiect,,LLC,residif(R-at 5775 Mill Road Mattituck,New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: l. That the said Board of Trustees and the Town of Southold are released from any and all damages,or claims for damages,of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own ? expense,defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. i Z. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved,to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized,or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required, upon due notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee of the completion of the work authorized. 9. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit,which may be subject to revoke upon failure to obtain same. 10. No right to trespass or interfere with riparian rights. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Era- m UMULD I ST S� u R.0 EE%), Is"SuedTim—, - c sw .AddfeSt THIS%NOTICE MUSTbE_.bl$'PLAYED' DU CONSTR ' RING • UCTIO CD ..TOWN TRUSTEES OFFICE,700 SO HO D m N OF , oh m C=:) ..- 0UTHOL01- 1191j,' > _117 765 1892 m Ln Glenn Goldsmith,President 39 Town Hall Annex A. Nicholas Krupski,Vice President 54375 Route 25P.O. Box 1179 Eric Sepenoski Southold,New York 11971 Liz Gillooly Telephone(631) ' Elizabeth Pee les 765-1892 p Fax(631) 765-6641 OUN RECEIVED log RECEIVED] OCT0 BOARD OF TOWN TRUSTEES OC14 2022 TOWN OF S06THOLD Board of Appeals � RECEIVED Board of AppealS SOUTHOLD TOWN BOARD OF TRUSTEE YOU ARE REQUIRED TO CONTACT THE OFFICE OF-THE BOARD OF TRUSTEES ' 72'HOURS PRIOR TO COMMENCEMENT OF THE ACTIVITIES CHECKED OFF BELOW INSPECTION SCHEDULE Pre-construption, hay bale line/silt boom/silt curtain 1 6t day Of construction 1/2 constructed When project complete, coil f6r,compliance-inspection; I i Glenn Goldsmith,President Town Hall Annex `1►� l�.'" 54375 Route 25 A. Nicholas Krupski,Vice President P.O.Box 1179 +'�.. Eric.Sepei}pski Southold,New York 11971 �� r " Liz Gillooly Telephone(631) 765-1892 Elizabeth Peeples �� Fax(631) 765-6641 Q RECEIVED BOARD OF TOWN TRUSTEES OST 4 2022 ' TOWN OF SOUTHOLD ., Zoning,Board of Appeals . ... .. Stethi Watcr.Rtinoff- i - i With recent heavy rainfalls, we are reminded once again of the problems Southold Town has with storm water runoff. With over 100 road ends terminating at creeks, bays,inlets,or Long Island Sound, as well as all of the lawns-and homes lining our miles of shoreline, 100's of thousands of gallons of storm•water runoff enters our Wetlands-every year. Carrying sediment that prevents sunlight from reaching aquatidplants,nutrients from animal waste and lawn fertilizers that promote algae blooms detrimental to shellfish;and bacteria and other.biologicals that in high doses can be harmful to swimmers;storm water runoff is one.of the Trustees main public,safety conceins. $0' impbrtant, in fact,that Southold has a Storm Water Management Code. Southold Town's Chapter.236 provides an outline for how people need to deal with storm water runoff from'their'properties. For example,new construction or renovation is required to contain any potential runoff to the'wetlands from the construction by installing hay bales and silt fencing. This acts as a barrier and keeps our wetlands'clean. Another-example in Chapter 236 is'that every building muat have provisions to collect and disperse, ON-SITE;at least a 2 inch rainfall. This is usually handled by installing gutters, leaders and drywells to the home. The Trustees also, have a standing policy of requiring,pervious non-turf buffers along bulkheads and at tops of bluffs that help keep run off from entering the wetlands and prevents erosion to bluffs. These are important measures to keep pur wetlands safe and.clean!.. Before deciding to renovate or build;the Town Trustees urge you to check our website and the other department's websites to make sure what you are planning to do meet the Town's Code. These codes have been developed for the good of all citizens: And.the wildlife all around us too! ti oimxe vain )•mune..°nar..xo I=—-F yy>;oeeno�.eeur•rten eCtlxWt0o0tOew6N 6C.TAX Nn t006106pG03 C.T txo,Wo-t96aBpJLm s noi.cErrnr,r_nap.esr ia„woimu,cn ssrm22x: Sac u+rw:a_em sro,ut u. irzcil,�ss��,rrsw�;wwmaor ;Ezauors urmEmruEatuw MATTITUCK CREEK ��r°gym .ter S.C.TAX No.1000.106-06-03 ``y: - -- i LAI` - - .L�.;.—rte °` ' 1 °-".`-^s+ k? 1A '1'-.-- RECEIVED BOARD OF SOUTHOLD TOWN TRUSTE S SOUTHOLD,NEW YORK OCT 14 2022 4, Zoning Board of Appea�. PERMIT NO.9956 DATE: JULY..14 2021 N ISSUEDTO: THE NORTH FORK PRQJECT;7LL CiddANTRONY'MARTIGNETTI, MEMBER PROPERTY ADDRESS: 5670.-.-WIE4�,�T�,�MI-L'IL-Jki9Ab,AU-T-TITtJCK� SCTM#1000-406-6-4.1 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and,in accordance with the Resolution of the Board of Trustees adopted at the meeting held on July 14,2021, and in consideration of application fee in the sum of$250.00 paid by Thb,Noftlf.- rkPr6J6qL'LLC,' and subject to the W�i Terms and Conditions as stated in the Resolution,the Southold Town Board of Tru permits itees authorizes and the following: Wetland Permit to remove and replace in-place approximately 56 linear feet of existing timber bulkhead with vinyl bulkhead,and backfiII with approximately 25 cubic yards of clean sandy fill to be trucked in from an approved upland source;temporarily remove and reset approximately 16 linear feet of existing stone armor adjacent to bulkhead during bulkhead P replacement; and replace existing wood tie planter wall landward of bulkhead iVas needed;and as depicted on the site plan prepared by En-Consultants,dated June 1,2021 and stamped approved on July 14,2021. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed,and these presents to be subscribed by a majority of the said Board as of the 14th day of July,2021, A.Zl' ")y ----------- RECEIVED TERMS AND CONDITIONS OCT 14 2022 The Permittee The North Fork Projeet LLC c/o Anthdi lylartigiletti residib&at,-5-670r of t West Mill Road Mattituck New Y&k as part of the consideration for the_issuance_of„the...,._— { Permit does understand and prescribe to the following: 1: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages,of suits arising directly or indirectly as a result of any operation performed pursuant to this permit,and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties,and the said Permittee assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees of the Town of Southold. 7 2. That this Permit is valid for a period of 24 months,which is considered to be the estimated time required to complete the work involved, but should circumstances warrant,request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely,or as long as the said Permittee wishes to maintain the structure or project involved,to provide evidence to anyone concerned that authorization was originally obtained. 4: That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required, upon due notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee of the completion of the work authorized. 9. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit,which may be subject to revoke upon failure to obtain same. 10. No right to trespass or interfere with riparian rights. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title,or interest in real or personal property held or vested in a person not a party to the permit. 5uffdk County Hagstrom Map 45 I" _ +200`0' Q S JUS 4 F ' ( 'TVED ` sou#hold, owr� CT 4 2022 519(ACC�55 via 5UPJECf rp'orFN I&A "f Trust6on and MKTUCK Cell K via f3APG�) i�- &: Zoning Soy,d OfiDq 'd fb •�7C1LIi FO%HOICiYF� 1 1< ! .. PD 2 jc�.�. APPRGUEL� ,-� B :ARDw OFWUSTEES`r � j" TOS . OF Sd'bT A1OLD P 3 � o I` -CONSULTANTIScxi. EX. WOOD'TIE,PLANTER WALL (T0-BE/REMOVED AND .. i PIA7it/AS NEEDED) O'RP��O �O o NQT ,� QA� REJ0. 4. 4 SOUTHAMPTON, NY 1196.E EASEMENT o b..; :.'� ��o��,�� 631-283-6360 ; APPROX. 56 LF OF EX. TIMBER BULKHEAD TO BE REMOVED Notcs; "�n ti? chi} '.,•. >T AND REPLACED (IN— i_0 PLACE) WITH VINYL I. Purpose:Peplace/maintain ex,bulkhead for flood and erosion control a ��,." �; ��q�,a, BULKHEAD 2 Datum:MLW=0' -0" 5. New bulkheadng to be constructed with vlrgl sheath nq,treated structural tim6er5,and o hot-dipped oialvamzed steel hardware; g$,7.0.'' R 4. Approx.25 cy dean sands{fill to be trucked in fromUNXND _ OHNE an approved upland source for 6ackflll 5, Property location: 5690 West MITI Goad, Mattituck;5GfM#1000-106-641 . PPOPO5�P f3UI. VP VMAGWNT FOP NOM, FOPK PPOJ�CT, L, C MATTITUCK, 5UFFOLK CO,, NSW YOM 5H��f I OF 2 6-1-21 RECEIVED OCT 14 2022 s S�C�ION THPU IN-PLAa PLLKHM2 C;MPaM f j I" : 10' APPf?OX.AN!A OF[96UP NCE PACKFILL U - 20' ► 21'CAP 1 4"x 6" tOP Ci AMP x Zv p MLW 9 0'-0" 10"LAYW6 � 8" 17EAI7MAN'f +I�' PSN. ROP.VINYL 6UL"PV IN PI.ACC OF GX.WgP,rtW. < 0.46" x 10" x 18' VINYL 9-WHJWI 10"x 25'PIL. 5(6'O.C.) EN-CONSULTANTS, 1119, NORTH f SEA 1'MAD 3011THAMPTON;.NY 11968 63.1.20346360 PVOPO5�P PIUAP R MACMW FOP, NOM, FOLK MOJ�Cr, I LC MAfflT1JCK, 5UFFO.K CO,, NSW YOLK 5H�Ff 2 OF 2 6-1-21 s U THOL TRUSTEES .. i Date. 71, *11 Issu.ed 5470 IVW^&tO- oo� . 4 27 x ' :SRL r� S •i Addre' ss.. r THIS. NOTICE MUST BE DI-SPLAYED DURI,NG CONSTRUC lo-N- TOWN TRUSTEESOFFICE,TOWN OF SOUTHOLDCD ' SOUTHOLD, NX 11971 765-1892 - • Town Hall Annex Glenn Goldsmith,President S.Q` A.Nicholas Krupski,Vice President ;' � � 54375 Route 25 P.O.Box 1179 John M.Bredemeyer III Southold,.New York 11971 Michael J.Domino G' Telephone(631) 765-1892 Greg Williams �` y�" . Fax(631) 765-6641 / UMy.,�� . RECEIVED BOARD OF TOWN TRUSTEES OCT 14 2022 TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD OF TRUSTEES Zoning Board of Appeak' YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72°HOURS PRIOR TO COMMENCEMENT OF THE ACTIVITIES CHECKED OFF BELOW INSPECTION SCHEDULE Pre-construction;"hay bale line/silt-boom/silt curtain 15t day of construction, `'/2 constructed `� When project complete, call for compliance inspection; ` 635306a5-1208-4a9c-b041-3ce7f35a32f8 I<imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION I The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 6, 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, OCTOBER 6, 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/agenda center. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/ca lend ar.aspx. 10:00 A.M. -PATRICIA AND ARGYRIS DELLAP.ORTAS #7676- Request for a Variance from Article lll, Section 280-15 and Building Inspector's May 10, 2022 Notice of Disapproval based on an application for a permit to legalize an "as built" accessory building; 1) located less than the code required minimum rear ya rd property line setback of 10 feet; located at:7970 Main Road, East Marion, NY.SCTM No. 1000-31-6- 32.1. 10:10 A.M. -DEBBIE SOCARIS,TRUSTEE OF DIANA RETOS FAMILY TRUST#7689- Request for a Waiver of Merger petition under Article II, Section 280-10A,to unmerge land identified as SCTM No. 1000-43-4-12 which has merged with SCTM Nos. 1000-43-4-13, based on the Building Inspector's May 24, 2022 Notice of Disapproval, which states that a nor.-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 15 Landing Lane, Greenport, NY. SCTM Nos. 1000-43-4-12 and 1000-43-4-13. 10:20 A.M.-JOHN BERNHARD AND JENNIFER MAYE#7680- Request for a Variance from Article III, Section 280-14 and Building Inspector's May 5, 2022 Notice of Disapproval based on an application for a permit to legalize an "as built" 4.5 ft. by 5.7 ft. addition to an existing single family dwelling; 1) located less than the code required minimum side yard setback of 20 feet; located at: 2285 Little Neck Road, (Adj, to Baldwin's Creek)Cutchogue, NY,SCTM No. 1000-103-10-1, 10:30 A.M.- EILEEN KASSCHAU #7681- Request for Variances from Article XXII,Section 280-116A(1) and 2 SOUTHOLD TOWN BD OF APPLS i I 635306a5-1208-4a9c-b041-3ce7f35a32f8 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times Building Inspector's May 6, 2022, Amended June 22,2022 Notice of Disapproval based on an application for a permit to legalize "as built" accessory decks and shed located seaward of the top of the bluff, and to construct additions and alterations to an existing single family dwelling; 1) dwelling located less than the code required 100 feet from the top of the bluff, 2)three (3) "as built" decks located less than the code required 100 feet landward of the top of the bluff; 3) "as built" frame shed located less than the code required 100 feet landward of the top of the bluff; located at: 5800 Vanston Road, (Adj,to Great Peconic Bay) Cutchogue, NY. SCTM No. 1000-118-1-1.2. 10:40 A.M.- DEBORAH L. MCKEAN AND SHANNON GOLDMAN#7682- Request for a Variance from Article XXII, Section 280-116A(1) and Building Inspector's May 6, 2022, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; 1) located less than the code required 100 feet from the top of the bluff; located at: 100 Salt Marsh Lane (Adj. to Long Island Sound) Peconic, NY.SCTM No, 1000-68-3-11.1. 10:50 A.M.- DANIEL AND SUZANNE DIVINEY#7683- Request for a Variance from Article XXIII,Section 280- 124 and the Building Inspector's May 9,2022, Notice of Disapproval based on an application for a permit to demolish existing dwelling and construct a new single family dwelling; 1) located less than the code required minimum front yard setback of 35 feet; located at:400 Bay Road, (Adj. to Gull Pond Inlet) Greenport, NY. SCTM No. 1000-43-5-8. 11:00 A.M.- 1670 LEETON DRIVE, LLC/CARRIE MEYERS#7692- Request for Variances from Article XXIII, Section 280-124 and Building Inspector's April 4, 2022,Amended May 24, 2022 Notice of Disapproval based on an application for a permit demolish seasonal dwelling(as per Town Code definition) and construct a single family dwelling with attached decks; 1) located less than the code required minimum rear yard setback of 50 feet; 2) more than the code permitted maximum lot coverage of 20%; located at: 1670 Leeton Drive, (Adj. to Long Island Sound) Southold, NY.SCTM No. 1000-58-2-7. 1:00 P.M.- NORTH FORK PROJECT, LLC , , - Request for a Variance from Article Xlll, Section 280-55A and Building Inspector's May 22, 2022, Notice of Disapproval based on an application to legalize the Use of "as built" construction of a new garage used for storage, at; 1) accessory structure does not constitute a permitted principle use or specially permitted use; located at: 5775 West Mill Road (Adj. to Mattituck Creek) Mattituck, NY, SCTM No. 1000-106-6-4.1. 1:10 P.M. - NORTH FORK PROJECT, LLC#7688- Request for a Variance from Article XIII,Section 280-55A and Building Inspector's May 24, 2022, Notice of Disapproval based on an application to legalize"as built" construction of a new garage used for storage, at; 1) located less than the code required minimum front yard setback of 35 feet; located at: 5775 West Mill Road (Adj.to Mattituck Creek) Mattituck, NY. SCTM No. 1000-106-6-4.1. 1:20 P.M. - PETER AND GRETCHEN LANG#7663—Request for a Variance from Article XXIII, Section 280- 124; and the Building Inspector's January 18, 2022 Notice of Disapproval based on an application for a j SOUTHOLD TOWN BD OF APPLS 3 i i 635306a5-1208-4a9c-b041-3ce7f35a32f8 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times permit to construct a front porch attached to an existing single family dwelling; at; 1) located less than the code required minimum front yard setback of 35 feet; located at: 865 New Suffolk Road, Cutchogue, NY. SCTM No. 1000-109-7-3. 1:30 P.M.—CUTCHOGUE FIRE DISTRICT#7693-Request for Variances from Article X,Section 280-46 and Building Inspector's May 11, 2022 Notice of Disapproval based on an application for a permit demolish (as per Town Code Definition) and reconstruct a firehouse; 1) located less than the code required minimum front yard setback of 25 feet; 2) located less than the code required minimum rear yard setback of 25 feet; 3) ) more than the code permitted maximum lot coverage of 40%;4) less than the code required minimum landscape area of 25%; at: 260 New Suffolk Road, Cutchogue, NY.SCTM No. 1000-102-6-5. 2:00 P.M.-JOHN SMYTH AND MARGARET SMYTH#7678—(Adjourned from September 1, 2022) 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 and/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. 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: I<imf@southoldtownny.gov. Dated: September 15, 2022 ZONING BOARD OF APPEALS 53095 Main Road (Mailing/USPS) LESLIE KANES WEISMAN, CHAIRPERSON 54375 Main Road (Office Location): By: Kim E. Fuentes P.O. Box 1179,Southold, NY 11971-0959 SOUTHOLD TOWN BD OF APPLS 4 i 635306a5-1208-4a9c-bO41-3ce7f35a32f8 I<imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, 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: September 29, 2022 This newspaper has been designated by the County Clerk of Suffolk County, as a newspaper of record in this county, and as such, is eligible to publish such notices. Signature Eliot T. Putnam Printed Name Subscribed and sworn to before me, This 05 day of October 2022 Notary Si nature MARY BETH ALESCIO WALLING NOTARY PUBLIC,STATE OF NEW YORK Registration No, 01AL5056219 Qualified in Saratoga County My Commission Expires March 04, 2026 Notary Public Stamp -' SOUTHOLD TOWN BD OF APPLS 1 i BOARD MEMBERS OF soar Southold Town Hall Leslie Kanes Weisman,Chairperson O�� yam! 53095 Main Road-P.O.Box 1179 ti O Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes u, Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento COUNT`(��v 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, OCTOBER 6, 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, OCTOBER 6, 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 hftp://southoldtownny.gov/calendar.aspx. 1:00 P.M. - NORTH FORK PROJECT, LLC #7687- Request for a Variance from Article X111, Section 280-55A and Building Inspector's May 22, 2022, Notice of Disapproval based on an application to legalize the Use of"as built" construction of a new garage used for storage, at; 1) accessory structure does not constitute a permitted principle use or specially permitted use; located at: 5775 West Mill Road (Adj. to Mattituck Creek) Mattituck, NY. SCTM No. 1000-106-6-4.1. 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/webli nk/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631) 765-1809, or by email:kimf@asoutholdtownny.gov. Dated: September 15, 2022 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179, Southold, NY 11971-0959 r"Sl1FF01�- amu° t�k Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 CD Southold, New York 11971.0959 r_W �� r. Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: September 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 October 6, 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. ``Below; 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 dome no later than September 28, 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 September 28, 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 Hearing 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 September 15,2022. 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@southoldtownn. og_v or elizabeth.sakarellosatown.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and 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 {�IlVIPORTANT INSTRUCTIONS•: Scan, and.email the USPS mailing receipts, green signature cards and affidavits, to kimfna,southoldtownny.gov, and **PROMPTLY USPS MAIL** the ORIGINALS to lthe Town of Southold, ZBA,P.O. Box 1179, Southold, NY 1197L Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason,you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant Laserfiche Instructions. A for Zoning Board of Appeals Records 01 M, OW0, -X-I q, 35 ;Lj" .................. .,.............. 40- -f;-494, exZ6 ,riis Above: Homepage, Click on Link"Town Records"Weblink/Laserfiche Laserfiche WebLink H=e Browse Search To=.OfSouthold TownOfSouthold Name Page o—E T—pla,e—e - To—Clark 2: Entry Properties Tom Histor,an Path T—tees i0171.'fS=1-10id Creationdate Zoning Board of Appeals(ZaAl 515120141,1'5241 ANI Page 2 of 2First 1 !-2' 29 Entrle5 Last modir�ecl 3.w A Metaclam Hcnewnr:,'-ssigwi 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. Laserfiche Instructions ZBA Files Page 2 Laserfiche WebLink -v t hly WebL,-k:Hopi Aix.[�S,gn Ou! Home Browse search Tw:nOfSoutheld Zoning Board of Appeals(ZBA) Zoning Board of Appeals Name Pagecnunt Template name ZBA) `\ Alphabetical Index R EntryProperties 7 Board Actions ji,Laserfiche Search Gwces Path TC1vnOf&-.u, '0'1Zrning Ba,:t;. hieedng Schecule5 nt'Af,peatS(III, Minutes/Agendas/Legal Notices/Hearings creation date Pending 711 Ot?Ml 12:17 16 PIA Reports Last modified 5123120171-1:07.14 AM Special Event Permits - - - L_Training Requirements ZBA officialsMetatla[a t.`ZBA Policies No meadata assts red ;,�Eacepuns List Code 280-IOC(3) 1 ld Jurisdiction Listing t -- w ZBA Book of Mapped 1977 Existing Lots 189 ccedure"R om;healtl✓pap•tmcarNscsl E]Bulk Schedules 5 Agreements.Contracts&Leases Page 1 of 1 14 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. I,Most Visited iFd Getting Started Southold,NY-Officia... NetZero-My NetZero... Date Duration Calcula... TownOfSouthold-La... t Southold-Cor Laserfiche WebLink Home Browse Search TOwnOfSouthold>Zoning Board of Appeals(ZBA) Board Actions>Pending Pending Name.. . : -'"""--------"--- -"---'-' "----" F�1 9025 MAIN ROAD LLC,CARDINALE Entry Properties C&L REALTY-Withdrawn Path i]JEMCAP SD 1 LLC �AsS`�'A 9;�%""d r�i,•'.+ 1i4/1i�i.-t'_,�''vi3 AN :i^r,-i'�':ar"'` LF�njl PECONIC RECYCLING TRUCK 818' a7:ama"oaf`_ GD THE ENCLAVES Creation date ) 3/7312017 11:36'07 AM #7370 Frend 1000-128-6-6 ' #7379-Solutions East 1000-13-3-1 Last modified 5!9/3020 3:55:58 PNI 7�n#7383-Spiller 1000-59-5-8.3 - ]#7334SE-HNF Resorts,Mydon Resorts-Campground-1000-40-3-5 R Metadata --- #7385 SE-Fried 1000-50-1-13.1 No metadata assigned #7386 860 Bayview Drive-LLC 1000-37.-5-10.1 zJ#7387 Hard Corner 1000-61-4-1 ' #7387 Hard Corner-51TE PLAN-Arch Plans 1000-614-1 `7e,#7388-Minton Irrev.Trust 1000-128.-2-20 #7389 Senic 1000-71-1-4 #7406-Nappa 1000-88-1-1.5 Page 1 of 1 Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0 4 Laserfiche Instructions ZBA Files Page 3 Laserfiche WebLink o My weDUrk I Heip:Abaot Sign out Home Browse Search TMDOfSouthotd>Zoning Boa!o Of Appeals(MAI.,Board Actions Board Actions Name cage count Template name 1957-1979 Entry Properties _ 1950.1999 Path -'..2000 T—nofs0aUt0idtzr—g B0 d _ of Appe:.i; Acdo-2s 2001 Creation date 2002 71101?001 1;:2;:55 ht •?-2003 Last modified Q 2004 3)22'2017 17.35.07 AM 2005 2 A10lddata ;�2006 NO metddata assigned Ei 2007 2ooB 2009 &Rewlts--_— 1=2010 aWpap-cmea_UT f =2011 `+2012 2013 2015 2016 r;2017 ..r,,pending :n.he11thrne commcaWVpzF:--U-2 ...-•--- Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". some Browse Search T-nol5a:[hnld> 201: 2017 Ham9 Pagecourt remp+m wma Entry Prcpenms a�� 36] .eaN A2ans �t 49:3 .B .wrtl Kdens Path gxi e5 0rerd:adons rm*O+S:cnh tJ..'nr.rg SOa•d ;t n}p.:k(;f!nnuaar,. 'a:001 IW 6u[d Moos ew:d.cwea 0.1icn d— _'d]O[! JS Board AW., --.g1-1- - -1 AM 00,2 75 Bwrtl Ktans Last m0tl111ed 6>=:•:x?s_<__:nu 3]d+a na Baa.aamom McMdata -�Jo!S .] Burd Keen .e 0015 S3 Bw:d aabrx 7— JO .card Af0on1 :e-0!3 5a Board amass lj'JO+a -a .card A[dOnf 120 w Bwrd acd9na .wrd inions LB XS_ 75 eca:tl Mens 7023 339 eo:rd:.crcns �y'J02a E. Burd Ktcni ;d 7029 219 ewrdamoro i b:d .a ecarO Anions 'JI:02' 90 .aardKm's �j 7029 ai —1d imom X19 3 .—d Ktwns Above: See listed File Numbers. Click on file you are searching. Laserfiche Instructions PBA Files Page 4 1 cashel Above: In addition searching by file no.You can also use the above search tool by typing the name or title of the applicant.. Laserfiche WebLink "'"- W 5121 � M Home Browse search Custum;u Seerd, O Sort results by. Relevance.. Records Nl—a. m S-1 s" L– 7016 Field nerve Board Actions-83 pagc(s) ;hoose nlad I� Page count:83 Template name:Board Actions Reset Page 3...:Colin and Kristen Cashel PROPERTY LOCATION:162 Lower Shingle Hill,Fisher... Page:...19.2017#7016.Cashel SCTM No.1000.9-1-26 minimus approval to remo... Page 5...p 19,2017#7016.Cashel SCTM No.1000-9-1-26 GRANT,the variances as... See.h—s Page 9..,COLIN&KRISTEN CASHEL SECTION 009 BLOC.. Page 20...Thomas Ahlgren(Cashel),PO Box 342 Fishers Island.NY... Show more information... 7018 Board Actions-56 pages) Page count:56 Template name:Board Actions P3;e:8-9!30 A.M.-COLIN CASHEL AND Variances under Article Id,Sect;Pn.ANN... ^age-3...ance(s)KRISTEN CASHEL47016-Request proposed trellis located in other tha... 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 Web Link Mp\'JebLink I ^:clp v:-bou;;s+; Home Browse Search TownOiSouthold.1 Zon41g Board of r+ppeak(ZBA)I MlnuteS/Agendas/Legal Notices/Hearings Minutes/Agendas/Legal Name Page count .Template name Notices/Hearings :^1957-1979 A Entry Properties %,1860-1999 If'2000-2009 Path Tor—OfSouthoid\Zon ng S—d 7 2010 Of Appea' _]2011 (ZBA1\A1cnu;es.`kgenCavl Nrlice;/Heanr:gs 2012 Creation date _2013 r. ;i'D)I?:51:40 Ph1 _.j 2014 Last modified 2015 17_%16.20161115:14 MA --- 2016 trletadata _ 2017 No metadats ass.gned Page I of 1 11 Ent, . ..-._....a++Fmr:a�a:e.=.c:Lry.s;e':e.,A�k9i'/i6 ,iu•r_� .3•a rmr. Above: Also, Minutes,Agendas, and Hearing Transcripts can be viewed. Laserfiche Instructions ZBA Files r 1 Page 5 ` Laserfiche WehLink - e MywebUrk I Help:AI3eu1 Home Browse Search 2017 2017 Name page count Template name ZBA-01/05/2017 7 A Entry Properties U ZBA-011052017 Agenda 4 Path v ZBA-01:0512017 Hearing 40 T�Wn£J'$C:tthCldi.>.Onln�BCkirG .f Appeals ZBA-01105/2017 LN 3 J46A}tMieutes.AgendaSlLegal Q ZBA-01119/2017 2 PIoilCesth:earirtg5\2Ut ZBA-01/1 912 01 7 Agenda 2 Creation date Zi 1612016 2:1S14 i'M J ZBA-02102/2017 7 Last modified 4;ZBA-02102/2017 Agenda 4 6119i20174:53:59 PM l-i ZBA-02/02/2017 Hearing 45 AA Metaclata _ ;,,j ZBA-02102/2017 LN 3 j ZBA-02116/2017 Agenda 3 Nu nletadat a assigned ZBA-0211612017 Spe,cal 3 _edure&Results ZBA-03102/2017 7 Mheal[h/pap-smear3Usr1� to ZBA-03i02/2017 Agenda 4 ZBA-031022017 H.—mg 65 ZBA-03102/2017 LN 3 'ZBA.031162017 Agenda 3 ZBA-03/16/2017 Special 3 ZBA-04106/2017 5 M-04/06/2017 fgenda 4 ZBA-DW062017 Nearing 45 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 N �TI �. t � r H ;INS The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095; Main Road, Southold: ' 'he application will also be available VIA ZOOM WEBINAR= Follow linkmhttp://southoldtownny.gov/'�calendar NAME : NORTH FORK PROJECT LLC . #7687 SCTM #m. 1000- 706-6-4. 1 JARIANCE: NOT PERMITTED PRINCIPLE USE OR SPECIALLY PERMITTED USE REQUEST : LEGALIZE THE USE OF 00AS BUILT" CONSTRUCTION OF NEW GARAGE USED FOR STORAGE DATE : THURS . OCT. 6 , 20 :22 100 PM You may review the file(s) on the town's website under Town RecordslWeblink: ZBAIBoard Actions/Pending. ZBA Office Telephone (631 ) 765-1809 TOWN OF SOUTHOLD AF 01 ec'f ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS NORTH FORK PROJECT LLC (Name of Applicant/Owner) 5775 MILL ROAD, MATTITUCK SCTM No: 1000-106.00-06.00-004.001 (Address of Property) (Section,Block &Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, (V) Agent MARTIN D. FINNEGAN, ESQ. with ani at 13250 MAIN ROAD, MATTITUCK New York being duly sworn, deposes and says that: On the 13th day of September , 2022, I personally mailed at the United States Post Office in MATTITUCK ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current.assessment roll Verified from the official records on file with the (\4 Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant' opert� . (Signature) Sworn to before me this SCHWEITZER ANNALISE th day of Septembe , 2o22 NOTARY PUBLIC-STATE OF NEW YORK NO.01SC6409457 QUALIFIED IN SUFFOLK COUNT MY COMMISSION EXPIRES SEP 28,20 _ (Notary Public) PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. �e U.S. Posta Servic U.S. I Service"' M I M CERTIFIED MAIGE R ED MAIL@ RECEIPT M ECEIPT tv, rr DomesticF Mail Dorriestic'mail 'Only rn Owy Ln E3 nj MF ru In Hist Ln CD IF-I �-"'9 1 C!t,9 Ln h t`2 RT L QUI 3 FE ru Certified mail Fee rU Certified Mail Fee .7 Ln $ $4.1.10 0952 Ln $ $4.Off 0992 Extra 8 7 -r Extra Services&Fees(checkbox,add •'I" — `7 11 - -- --I I Ext Services&Fees Wad 1�j&I is) te) (checkbc '11�. fee a El Return Receipt(hardcopy) EI Return Receipt(hardcopy) I I 11 4;�� -'t - � - , opy) $ $ r-q 0 Return Receipt(electronic) Return Receipt(electronic) $ ,-,led Delivery $ d Delivery $ e/�' nark []Adult Signature Re ere C:3 E]Adult Signature Required,EZI Required $—so uQ stmark El Certified Mail Restricted Delivery $ 'Ppd C3 E]Certified Mail Restri C3 - — CO E3 ❑ $ $---st .. E]Adult Signature Restricted Delivery$ E]Adult Signature Restricted Delivery$ C3 Postage Postage I P_ P- Total 0., Total Postage and Fees tall Postage and rru- - 09/11 f2Q22. ru $ Re Strong TO FM.3 3 $8.33 ng $ ,-9 Sent 10 Tent To— ni 1095 Westview Drive j ru §FW51 5iia-AR. AWC Dockside LLC r-3 or PC PO Box 1409 -------- 72 Louis Street Mattituck, NY 11952 Staten Island, NY 10304 U.S. Postal Service` U.S. Postal Se Rrvice Tm @ RECEIPT CERTIPIED MAIL5 RECEIPT ' CETIFIED MAIL D•mestic�mail.o,ly rU Qomestic 14aff Only C3 ru T ru Ln 041 nj Ln In $ $4.(10 FU Certified Mail Fee -r C1952 Ln $ Extra Services eesicheckboxadofee is 9C.') El Return Receiptto) Extra Services&fees(chockbox,add fee ate),' (hardcopy) Return Receipt r ❑Return Receipt(electronic) El (hardcopy) $ Cerfified Mail Restricted Delivery $ El Return Receipt(electronic) $ t ff.+ s UL- POS C --Tg- CftStMark C3 El Certified Mail Restricted Delivery $ Adult Signature Required L C3 $ .4 Iiij M Here -3 oHere E- El Adult Signature Required $ 'It E]Adult Signature Restricted Delivery$ C-3 -ry$ E:3 Postage [:]Adult Signature RestricteJ Delivery ru $ $1 E3 Postage Total Postage and LLJ nj $ d RJ r es r%- Total Postage a $ $8-37 3 ru 09/13/2022 Postage Total and Fe r-9 Sent To $ ru ru LSentTo Strongs West Mill LLC ru S!..i--- JC Miller Grantor Trust -1i an E3 fiiKifi- -------- . ...�i OC 5780 West Mill Road C' 'St , 1600 Paradise Point Road ------ Southold, Mattituck, NY 11952 Southold, NY 11971 SENDER' bOMPLETE THIS,SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Signature • Print your name and address on the reverse X so that we can return the card to you. 0 Addressee • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. ArticleAddressedto: D. Is delivery address different from item 1? 11 Yes AWC Dockside LLC If YES,enter delivery address below; E]No 72 Louis Street I Staten Island, NY 10304 IIJ 3, Service Typo 0 Priority Mail Express@ El Adult Signature El Registered MaiITM 0 Adult Signature Restricted Delivery 11 Registered Mail Restricted )(Certified Mail@ Delivery 95909402 7451 2055 9522 01 0 Certified Mail Restricted Delivery 0 Signature ConfirmationTm 0 Collect on Delivery El Signature Confirmation ej� from service ice lat� 2. Article-Numbier(Transfer e/ D Collect on Delivery Restricted Delivery Restricted Delivery rl-l-sured Mail red Mail Restricted Delivery 70.21 2720 0001 4525 2039 �U.r$500) 10,S Form 381111,141 ly'202bjOIAN 743d;02-066-190M, Domestic Return Receipt MAILING LIST �- -` ZONING BOARD OF APPEALS VARIANCE APPLICATION & PUBLIC HEARING NORTH FORK PROJECT LLC#7687&.#7688 5775 MILL ROAD, MATTITL.ICK,NY 11952 SCTM 1000-106.00-06.00-004.001 106.-6-3- 5775 Mill Road N/A-Applicant-Owned 114.-2-1.2 N/A - Town of Southold Waterway 106.-6-13.4 & 106.-6-10 - 3430 Mill Road Strongs West Mill LLC 5780 West Mill Road Mattituck, NY 11952 106.-6-5 - 5102 Mill Road Re Strong 1095 Westview Drive PO Box 1409 Mattituck, NY 11952 106.-6-2 - 5675 Mill Road JC Miller Grantor Trust 1600 Paradise Point Road Southold, NY 11971 106.-6-1 - 5505 Mill Road AWC Dockside LLC 72 Louis Street Staten Island, NY 10304 WPLETE THIS SECTI • • SECTION ON DELIVERY _ ■ Complete Items 1,2,and 3. A. Signature :_�J '" I ■ Print your name and address on the reverse so that we can return the card to you. X ❑Agent ■ Attach this card to the back of the mailpiece, B. Receive by(Printed Name Addressee - I or on the front if space permits. � C. Date of Delivery ' 7. Article Addressed to: D. Is delivery address different from item 1? ❑Yes V JC Miller Grantor Trust If YES,enter delivery address below: ❑No 1600 Paradise Point Road Southold, NY 11971 IIIIIIIII IIII mill IIIII 111111111 111111111 ` q AdultA ult ssgnatura3 Service Restricted Delivery ❑Registered IMEaIITMessO �Certrfied Mail® ❑Registered Mail Restricted, 9590 9402 7451 2055 9522 1$ ❑Certified Mail Restricted Delivery Delivery _ ry ❑Signature ConfirmationTm Article.Number_ClFansfe_from se_Nice label) ❑Collect on Delivery 11Signature Confirmation ❑Collect on Delivery Restricted Delivery Restricted Delivery 7021 2720 0001 4525 2022 red Mail red Mail Restricted Delivery IPSFc;m13$+1 T I I •.0 4' it$500) ,,�t11y 2020+PSN 7530=I02-4000-903 t Domestic Return Receipt I • ON • SECTIONON DELIVERY ■ Complete items 1,2,and S. IA. Sign r ■ Print your name and address on the reverse ❑Agent So that we can return the card to you. 13 Addressee ■ Attach this card to the back of the mailpiece, tK�ecei d b ri ed Name) C. Date of Delivery r or on the front if space permits. 1. Article Addressed to: D. Is delivery address differ fro item 1? ❑Yes Re Strong i If YES,enter delivery address below: ❑No + 1095 Westview Drive PO Box 1409 �� t Mattituck, NY 11952,. .. 1 Servic II 1111111 IIII III I II I IIII I I III IIII I IIIII I III III ❑pAdult dul ss Si El RReisterdegist redPriority MMailTm ail Restricted, ted' 9590 9402 7451 2055 9522 25 ❑Certified Mail® Delivery Certified Mail Restricted Delivery q Signature ConfirmationTm ❑Collect on Delivery El Signature Confirmation ! �2 ArtiCl-..- mtie}{Trar?s_ferirom sertiicQ 1040 :__ i to Collect on Delivery'Restr(bted Delibery Restricted Delivery 70 1 :272 tirec'Mal iiiii ?s t.! Q s 40 7r 4 5,2 5��2 0 5 3' tred Mail Restricted Delivery r$500) i PS Form 3811,July 2020 PSN 7530 02-0170-9053 Domestic Return Receipt ' ' I CO • COMPLETE SECTIONON DELIVERY i ■ Complete items 1,2,and 3. r"' A. Signature ■ Print your name and address on the reverse E3 Agent so that we can return the card to you. X_. ■ Attach this card to the back of the mailpiece, y( rinted Name) C. Date of Del'very B. eceived b P zk�z or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes StT OngS West Mill LLC If YES,enter delivery address below: p No I 5780 West Mill Road Mattituck, NY 11952 j IIIIIIIII IIII III I II I IIII I IIII IIII IIII III III III ` 3. Service Type ❑Priority Mail Express® ❑Adult Signature 11 Registered Mailrm ❑Adult Signature Restricted Delivery 11Registered Mail Restricted 9590 9402 7451 2055 9522 32 Certif ed Mail® Delivery ❑Certified Mail Restricted Delivery ❑Signature Confirmationrm Cl Collect on Delivery ❑Signature'Confirmation __2__Article_Number_(- raster from service lab20 ❑Collect on Delivery RestrictedDelivery Restricted Delive '7021 2720 0001 4525 2046 ^Insured Mail ry ry Insured Mail Restricted Delive P$IForr>i1381�1,`July X020 PSN 153'0-02-000-9053 I Domestic Return Receipt ; TOWN OF SOUTHOLD - ZONING BOARD OF APPEALS -P SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING NORTH FORK PROJECT LLC (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK I MARTIN D. FINNEGAN, ESQ. With at 13250 MAIN ROAD, MATTITUCK New York; being duly sworn, depose and say that: I ' the ( ) Owner or(\4 Agent for owner of the subject property On the day of SEPTEMBER , 2022; I personally placed the'T'own's_ Official Poster on subject property located at: 5775 WEST MILL ROAD MATTITUCK, NY 11952 The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing of OCTOBER 6, 2022 (Owner/Agee 'ignature) �`' SEPTEMBER Sworn to before cne this Z.g Day of , 2022 (Notary Public) SCHWEITZER ANNALISE ' NOTARY PUBLIC-STATE OF NEW YORK NO.01SC6409457 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES SEP 28,20 Q) 4 w i�r�✓1 1p J^ S ��� Y z ►w � 47 a, NOTICE OF HEARING - Thq following appucalion viii be hoard by tho Southold Town Ooard •� //PIIRx , of Appoalx al Town Hall, r i t!�•' ,y.� , W .-yam_ s` 53095 IA Z Road,So INAR "�• `�.i��� Tho,n4 htlon well ALSO be avellablc VIA ZOOM WEgiNAR hnk-httpilsoutholdtovmn Y•9oVlcalenda asp- NAME NORTH FORK PROJECT LLC #7688 Y SCTM#: 1000-106-6-4.1 j VARIANCE:YARD SETBA CK REQUEST: LEGALIZE"AS BUILT" CONSTRUCTION OF A NEW NO i ICE OF HEARING The by the Southold To following application will bo heard . GARAGE USED FOR STORAGE Board of Appeals at Town Hall,53095 Main Road,Southold. DATE THURS., OCT.6,2022 Thi' aPPhcatlon will alio bo available VIA Zo you ma 1:10 PM Follow link-ht E81H,:- 1Ba Board A<uonulnentl�nn mo lown x webL�ta„ndor Town RecortlsM'ebinl tp!southoidlownny.goe,oalon B ZBAOff—1b1-1hGMIQ11765-1609 NAME: NORTH FORK PROJE TrLLC. " SCTM#: 1000-106-6-4.1 #7687 VARIANCE:NOT PERMITTED PRINCI LE SPECIALLY PERMITTED USE REQUEST: LEGALIZE THE USE OF'AS BUIL ! CONSTRUCTION OF NEW GARAG. USED FOR STORAGE ..J DATE: THURS.OCT.6,2022 1;00 PM 41, yT r a ,i t >. - /1 g s _ 1,. , t f , ° BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ���E SO Southold 53095 Main Road•P.O.Box 1179 !p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes NTown Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoCoUffm Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD June 16, 2022 Tel.(631)765-1809•Fax(631)765-9064 Oafr/ 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 . & 7688 Owner/Applicant: North Fork Project LLC Action Requested: legalize as built construction of a new garage Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: IN Encls. Site Plan/Survey: Nathan Taft Corwin III, Land Surveyor dated June 2, 2021 BOARD MEMBERS ®� S®U Southold Town Hall Leslie Kanes Weisman,Chairperson �� ��® 53095 Main Road •P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA, Town Annex/First Floor, i�iRobert Lehnert,Jr. ® aO 54375 Main Road(at Youngs Avenue) Nicholas Planamento '�C®U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED Tel.(631) 765-1809•Fax (631)765-9064 June 16, 2022 JUN 6 2022 Southold Town Mark Terry, Assistant Town Planning Director Planning Board LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. OSUM 7688 North Fork Project LLC Dear Mark: We have received an application to legalize as built construction of a new garage. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: ? Encl. Survey/Site plan: Nathan Taft Corwin III, Land Surveyor dated June 2, 2021 BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson "� 53095 Main Road e P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantes � Office Location: Robert Lehnert,Jr. i Town Annex/First Floor, ® 54375 Main Road(at Youngs Avenue) Nicholas Planamento � °�ea Ts, Southold,NY 11971 http://southoldtownny.gov ZONINGTOWN OF SODUTHOLALSDRECEIVED Tel.(631) 765-1809 •Fax (631)765-9064 JUN 17 2022 MEMO Southo d Town TO: Planning Board Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: June 17, 2022 SUBJECT: Request for Comments ZBA #7687 & #7688 North Fork Project 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: North Fork Project, LLC Tax # Zone District: 1000-106-6-4.1 ZBA #: qjj,�&& 7688 Hearing Date: October 6, 2022 Code Section: Art XIII Sec 280-55A, Art XIII Sec 280-56 Date of Stamped Survey: June 2, 2021 Preparer of Survey: Nathan Taft Corwin III, Land Surveyor Thank you. Encls. BOARD MEMBERS � Town Hall Annex Leslie Kanes Weisman, Chairperson ®� �� 53095 Route 25,Main Road Patricia Acampora �� �� P.O.Box 1179 Eric Dantes W Southold,NY 11971 Robert Lehnert,Jr. ® Telephone(631)765-1809 Nicholas Planamento http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD November 10, 2022 Martin Finnegan Attorney at Law P.O. Box 1452 Mattituck,NY 11952 Re: ZBA#7687 & 7688,North Fork Project, LLC 5670 Mill Road, Mattituck SCTM No. 1000-106-6-4.1 Dear Mr. Finnegan; Transmitted for your records are copies of the Board's November 3, 2022 Findings, Deliberations and Determination, the originals of which were filed with the Town Clerk regarding the above variance applications. Promptly apply to the Building Department for a Building Permit/Certificate of Occupancy for"as built" improvements. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals If you have any questions, please don't hesitate to contact our office. Sincerely, Y' Kim E. 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