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LL c- �vwqc, At L ki i -56A -10b 7 Le �jt 1'7.e, aS ka.it wiL�huzhca ?&W, ffw'ttN M Scc, - Y - �ry !W7 iV-A Owner: North Fork Project LLC File #: 7688 p Address: 5670 Mill Rd L �1 Code: 18RL t� Agent Info Mr. Martin D. Finnegan P.O. Box 1452 Mattituck, NY 11952 Phone: 631-315-6070 Fax: Email: mfinnegan@northfork-legal.com 1�1 BOARD MEMBERS % Southold Town Hall Leslie Kanes Weisman,Chairperson ®� SO Southold 53095 Main Road• P.O. Box 1179 � � �® �® Southold,NY 11971-0959 Patricia Acampora t Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��y'C �� Sou>;ligjdCly V27d http://southoldtownny.gov ZONING BOARD OF APPEALS N — 7 2022 TOWN OF SOUTHOLD Tel.(631)765-1809 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 3,2022 ZBA FILE: 7688 NAME OF APPLICANT: North Fork Project LLC PROPERTY LOCATION: 5775 W Mill Road, Mattituck SCTM No. 1000-106-6-4.1 SEORA 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 22, 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 mitigating conditions imposed 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 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 subject parcel is currently improved with the as-built accessory storage garage, and a two-story tower structure that is legally existing as per Certificate of Occupancy #39387, as a non-habitable storage building. The parcel also includes the sanitary system for the Old Mill Inn Restaurant, 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 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. RELIEF REQUESTED: The applicant requests a variance to maintain an"as-built"accessory storage garage that is encroaching in a Town of Southold maintained roadway,where a 35 feet minimum setback is required. Page 2,November 3,2022 #7688,North Fork Project—Area Variance SCTM No. 1000-106-6-4.1 ADDITIONAL INFORMATION: During the public hearing, the applicant's agent stated that the new as built 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 has 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" garage is proposed to be used for winter storage of outdoor deck restaurant furniture such as tables, umbrellas, etc. It was also noted in testimony that prior Boards of Appeal have considered the entire subject parcel and the accessory uses on it, as an accessory to the Old Mill Inn Restaurant, including the restaurant's sanitary system. 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 to the neighboring restaurant, and bulkhead issued on July 14, 2021, Permit No. 9956. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 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: 1. Town Law X267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The restaurant stands alone at the end of West Mill Road and is somewhat remote from any nearby residential properties,and has been an integral part of the surrounding community for more than a century. The subject parcel has always been used as an extension of and accessory to the Old Mill Inn parcel, and the structures on it have served as accessory uses to the restaurant throughout its unique history. The subject"as-built"accessory storage garage was built on the footprint of the previous legally existing accessory garage and therefore maintains the historic character of the community. The accessory garage creates no visual or other adverse impacts to other properties in this Marine Zone, including the adjacent Strong's Marine business 2. Town Law X267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than an area variance. An accessory storage building has existed in the same exact location for decades, and is essential to the Old Mill Inn's need for storage since the restaurant has no basement or other storage areas. The current"as-built" accessory storage garage was recently built on the same footprint as the one that was destroyed by storm damage and is sited at the end of an access road with no setback on this odd, very small substandard parcel. Therefore, there is no way to maintain the existing replacement accessory garage without an area variance. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, due to the unique shape of the parcel,and the fact that there is a Southold Town maintained road running down the middle of it, it would be impossible to meet any of the setback requirements for an accessory structure on this property. 4. Town Law X267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and Conditions of this Board. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the p , Page 3,November 3,2022 #7688,North Fork Project—Area Variance SCTM No. 1000-106-6-4.1 limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However,the existing accessory storage garage only replaces what has legally stood in the same spot for decades, prior to zoning, without adverse impacts 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory storage garage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Weisman(Chairperson),seconded by Member Planamento, and duly carried,to GRANT the variance as applied for and shown on the survey by Nathan Taft Corwin III Land Surveyor, dated June 2, 2021, and the Architectural Plans prepared by Meryl Kramer, Architect, dated April 19, 2022. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant must apply to the Building Department for a building permit for the "as built" improvement(s)within 90 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals, or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a building permit in the time allotted. 2. The applicant must obtain a Certificate of Occupancy from the Building Department for the "as built" improvement(s) and submit same to the Office of the Zoning Board of Appeals within 12 months of this decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s) why the applicant was unable to obtain a Certificate of occupancy in the time allotted. 3. The "as built" improvement(s)may not be used until a Certificate of Occupancy has been obtained 4. The"as-built" accessory garage may be used only by the Old Mill Inn Restaurant for storage of their seasonal outdoor/patio furniture and other miscellaneous dry goods. 5. The subject accessory garage shall remain non-habitable space, may only be used for storage, and may only contain electricity (no plumbing, heating or cooling) 6. The sliding glass doors on the as built storage garage shall be removed and replaced with solid wood doors, suitable for secure storage. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. f , Page 4,November 3,2022 #7688,North Fork Project—Area Variance SCTM No. 1000-106-6-4.1 IMPORTANT TIME LIMITS ON THIS APPROVAL Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Acampora, Dantes, Lehnert, Planamento, Lehnert, Chairperson Weisman. This yResolu ' was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing j j / /2022 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ®F S®U,� 53095 Main Road•P.O.Box 1179 Patricia Acampora ®� ®�® Southold,NY 11971-0959 Eric Dantes atc Office Location: Robert Lehnert,Jr. Town Annex/First Floor ® 54375 Main Road(at Youngs Avenue) Nicholas Planamento ® C®Uf�iY� � Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 February 3, 2023 Martin Finnegan Finnegan Law P.C. P.O. Box 1452 Mattituck,NY 11952 RE: Request for an Extension Appeal No. 7688,North Fork Project,LLC 5775 West Mill Road, Mattituck SCTM No. 1000-106-6-4.1 Dear Mr. Finnegan; We received your email correspondence, dated February 1, 2023, requesting an extension for your client to comply with the Zoning Board of Appeal's Condition#1 of the November 3, 2022 decision requiring that the applicant obtain a Building Permit from the Building Department for the "as built" improvements within 90 days of their decision. In your correspondence you explain that the Board of Trustees recently approved the subject structure, and that additional time was needed to prepare and submit your Building Permit application to the Building Department. During the February 2, 2023 Regular Meeting, the Zoning Board of Appeals, the Board granted a 180-day extension beginning on February 2, 2023, to expire on August 1, 2023. Feel free to contact our office if you have any further questions or concerns. I will instruct the office to send a copy of this letter with your request to the Building Department. C dLlZe�slieKan/es Weisman Chairperson cc: Building Department Fuentes, Kim From: Martin Finnegan <mfinnegan@northfork.law> Sent: Wednesday, February 1, 2023 2:14 PM To: Fuentes, Kim Cc: DeChance, Paul;Annalise Schweitzer Subject: FW: North Fork Project LLC#7687#7688 Attachments:, 7687 7688_20221114090939.pdf Kim, I am writing to request an extension of the Building Permit filing deadline set forth in the attached Determination#7688 for 60 days. We just today received the Trustees approval of the structure and need time to prepare and submit the application. Please convey this request to the ZBA tomorrow. Thank you. Regards, Martin MARTIN D.FINNEGAN,ESQ. FINNFGAN LAW P.C. 13250 Main Road P.O.Box 1452 Mattituck,New York 11952 T 631.315.6070 C 516.298.5384 mfinnegan a,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. I 1 Martin MARTIN D.FINNEGAN,ESQ. FMNEGAN LAW P.C. 13250 Main Road P.O. Box 1452 Mattituck,New York 11952 T 631.315.6070 C 516.298.5384 mfinneaan@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. 2 SURVEY OF PROPERTY LOT COVERAGE OVER UPLAND LOT AREA SITUA TE S.C. TAX No. 1000-106-06-03 UPLAND LOT AREA = 2,049 sq. ft. LOT AREA DATA MATTITUCK DESCRIPTION AREA % LOT COVERAGE S.C. TAX No. 2,780 sq. ft. UNDERWATER LOT AREA TOWN OF S 0 U T H 0 LD BUILDING 1,525 sq. ft. 74.4% 1000-106-06-03 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 A X N Q. 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 N o. 1000- 106-06-4. 1 » GARAGE 345 sq. ft. 3.4% 1000-106-06-4.1 0.230 ac. SCALE 1 =20' DECK do WALK 45 sq. ft. 0.5% q � . JULY 28, 2008 TOTAL 669 sq. ft. 6.7% RECEIVES FEBRUARY 2, 2017 ADD COVERAGE MARCH 9, 2018 ADD EASEMENT No. 1 O MAY 8, 2018 ADD EASEMENT No. 2 JUN 14 2022 MARCH 5, 2019 UPDATE SURVEY JULY 15, 2020 ADD SPOT ELEVATION �'oti oo MAY 18, 2021 REVISE NOTES S\o.3' JUNE 2, 2021 REVISE LOT COVERAGE Zoning Board of Appeals S\ S a NOTES: 230 :\ a °a • • 0/FUTgO 1. THE PROPERTIES NORTH AND SOUTH OF THE SUBJECT PROPERTY O \ �, N� $0 ARE BULKHEADED. • NOF 2. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM u' a •• • TO ! EXISTING ELEVATIONS ARE SHOWN THUS:" Flt,�!AL M:DB EXISTING CONTOUR LINES ARE SHOWN THUS: 4'N �" �Yp •• �' " \per d v ,oo ECK 12 T.B�- TOP BULKHEAD N� �� •• . ° ��' \ ,• 6f0GJ$' Fy9 In �E1/iElQ[t B.B.- BOTTOM BULKHEAD ro DATE r CERTIFIED T0: �✓ • e °' v d ° ♦ Lit �D$� , 150 ° LCK �ECK �O O iIi ii f1 �ID.a O THE NORTH FORK PROJECT LLC 00 FIDELITY NATIONAL TITLE INSURANCE COMPANY y � v d ,o Z� 3 • a `� e • •4d � d4 ''° ' OO,i. 0 �, .W' •, e •• °. • ISN B �S 2 •�5, : 10 w0 �A 66°5 0�' x EASEMENT No 1 . T a' ti - ,I. . A. o �, Goz � �► O `�' SCALE 1 "=20' �y •• PIS ��� ,a+\ �$o tJtJ� , � . • • • 'e • : / 169 00ite ~.. ................ • O ° POINT OF 65 0 0 O BEGINNING a. ooi _o N 0. ✓C .! s f • o n' ��� \ \yooy� o O O ::AREA — 1,365CP . sq...ft.::::::::::'::' ,Le V1 �'� �c� •' ' m°o J OJ o 6a 295 ♦. \G y 9 O ♦ d , OVA \G�4y � (r1 V: ......... .... • ., e ONO St Q ' 4 3 g E ��P� ^:�p Qb \ e ,+ ::. Sc O� O , 1$01LI i W005( 900P. N• Z p, a 's?, BSG n. W : a ♦ �i+,o. PO yh ti 5 N B COIN— G° 1� O p' tA cot,%$ i � y. 'o?�g5 �'..... 1I�. w :w.• 6V w rn6 0 �1 22.2 > w a' 'n::: ,nom Z • , •.: n :.:.••"Z :'•: . :. C ,� � � 'N• • � C• ••f •�`• EASEMENT No. 1 9�,0� '° � ._ �.. . .• . . . • � : •:�;•:'.••• SEE DETAIL �Foo fit- 6 3'4 c a O N •9 PREPARED IN ACCORDANCE WITH THE MINIMUM STANDAo G FOR TITLE SURVEYS AS A • 4 • � • .•.' N BY THE RL.IALS. AND APPROVED AND ADOPTED G EASEMENT N O. 2 f • 'v ` �� FOR SUCH USE BY THE NEW YORK STATE LAND a I • . TITLE ASSOCIATION. SCALE 1 "=20' �t o POINT OF I a BEGINNING xP .leo . .... >"' N�� I j ., •: 8° �g1 N 16 CID A . t^ N 661 9 4N ,� I .. • Z O $ W° p :. ... . . . ': .4, (f1 ` . ,, N.Y.S. Lic. No. 50467 � N 6• GE " i N ✓ . . • 64 s• ALTERATION OR ADDITION y•'�:�AREA��= sq ••764,�� . UNAUTHORIZED��ft. � •' :4::� .:.•: .':: �` "� TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE Nathan Taft Corwin III S EDUCATION LAW. 6'x.9, ::: :::..............::::::N w �C `c^ ...........':a:::`::::: :.: COPIES OF THIS SURVEY MAP NOT BEARING " " Land Surveyor p; .:..:...:.... :.....;... + t9 �:::::::::. :::::::. ::.: �'� GE THE LAND SURVEYOR'S INKED SEAL OR tS :::::::.•.......•... 1.4 N• NAIL EMBOSSED SEAL SHALL NOT BE CONSIDERED :'::'.GARAGE::: TO BE A VALID TRUE COPY. .� :...0.8'N::..:..'. 17.0' CERTIFICATIONS INDICATED HEREON SHALL RUN S 84!08'20" W �'� .....NAIL.... WELL 70��� of Successor To: Stanley J. Isaksen, Jr. L.S. 17.57 EASEMENT N O. °GKpDE FENCE p17,CHED z$ ISLY TO THE PREPARED, AND ON HIS BEHALFON FOR WHOM TTO THEY Joseph A. Ingegno L.S. F OCS CHAIN UN FEHOE C�� POG Q•'�O f oo TITLE COMPANY, GOVERNMENTAL AGENCY AND `A' 68.70 $� LENDING INSTITUTION LISTED HEREON, AND Title Surveys — Subdivisions — Site Plans — Construction Layout (SEE DETAIL) 84°0$'20» YY TO THE ASSIGNEES OF THE LENDING INSTI- $ OWN c TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. PHONE (631)727-2090 Fax (631)727-1727 UNKNOWN OWNER � THE 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 9-03 R Issue Date: Set: 5/18/21 For Disapproval 2 7 4/19/22 For ZBA A-101 A-101 20'-3" RECEIVED JUN 14 2022 Zoning Board of Appeals NEW 2"x6" 16" O.C. ROOF RAFTERS /AS P HALT SHINGLES TO REPLACE EXISTING ���SDRcy�r� K 12 1.5 r-- C9 t Y 19'-1 1/2" 0 qrE C F U MIM. MAP co �, N � lw4 REVOrJE D BY �. . � r OP bo :2a - yawing_Legend: in V-SEE DECISION � X - - - - - _ ,' � ��Y�Q 'I I 1 S / Wall To Be Removed N U Existing Wall To Remain New Wall Existing P.C.Foundation Wall 71 New P.C.Foundation Wall 4" CONCRETE SLAB OVER GRAVEL& REBAR BASE -3 Existing CMU Foundation IN PLACE OF EXISTING ASPHALT SLAB -—————- wall ----------- New CMU Foundation Wall -----•—•— Lines Above Lines Below ' ioi g9f��eTi�s (4) VERTICAL CORNER POSTS TO REMAIN IN PLACE REMOVE & REPLACE SELECTED 2"x6" WALL FRAMING 16" O.C. 101 Window Tag NEW 3/4" PLYWOOD SHEATHING W/VAPOR BARRIER NEW 1"x8" CEDAR SHIP LAP SIDING _ � �� � Section X, Sheet A-XXX IL r7\ r zx Detail Tag ik IN III 1111111 1 ! = III— - ! 0 — x '•----------------------- -----------------------� Elevation Tag x x Axxx x Interior Elevation Tag X (D-R4an Secionle: 1/2" = 1'-0" &scle: 1/2"-- V-0- 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�12 2 6 0 HORTONS LANE I I POST OFFICE BOX 1600 SOUTHOLD, NY 1 1971 AK m k a r c h i t e c t c o m F F OLD MILL INN EIevation Elevation 5775 W MILL RD MATTITUCK, NY 11952 3 Scalle: 1/4" = 1'-0" 4 Scale: 1/4" = V-0" ' ' I hed Plans, Elevations, &Section i I SCALE:As Noted I Bevation Elevation Section A- 101 5 Scale: 1/4" = 1'-0" 6 Scale: 1/4" = V-0" 7 Scale: 1/2" = V-0" © 2020 Meryl Kramer Architect All Rights Reserved s— - COUNTY OF SUFFOLK OFFICE OF THE COUNTY EXECUTIVE Steven Bellone Natalie Wright SUFFOLK COUNTY EXECUTIVE Department of Commissioner Economic Development and Planning Town of Southold June 22, 2022 Zoning Board of Appeals fiCF;+,/gip 53095 Main Road P.O. Box 1179 JUN 2 3 2022 Southold, NY 11971-0959 I Attn: Leslie Weisman Zoning Board of Appeals L — Z 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 FileNumber 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 R �� By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning & Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 �l 'IUTI� �FFICE LOCATION: *OF SO(/ryO MAILING ADDRESS: Town Hall Annex �� l0 P.O.Box 1179 54375 State Route 25 Southold, NY 11971 cor.Main Rd. &Youngs Ave.) G Telephone: 631 765-1938 g I__I Southold,NY 11971 �O� �aO p ryy COU 5� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman,Chair 7Zorn�iing VED Members of the Zoning Board of Appeals 9 2022 From: Mark Terry,AICPAssistant Town Planning Director d or Appeals LWRP Coordinator --— Date September 29,2022 Re: Local Waterfront Coastal Consistency Review for NORTH FORK PROJECT,LLC#7688 SCTM#1000-106-6-4.1. 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. 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 LWRP. This determination is based upon the following: 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. 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 f FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. R � NOTICE OF DISAPPROVAL JNNI-442OP12 DATE: June 18,2 RENEWED: March 2 , 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 guage at: Location of property: 5775�W 1VIi11 Road,Mattituck,NY County Tax Map No. 1000—Section 106 Block 6 Lot 4_1 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 pecial 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 SOUTHOLD TOWN BOARD OF APPEALS WHOALANCE I House No. Street MILL ROAD Hamlet MATTITUCK RECEIVED SCTM 1000 Section 106.00 Block 06.00 Lot(s)OD4.001 Lot Size 10,0108F IIe MII -11-IN 14 202Z I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING IN PECTOR DATED 05/24/2022 BASED ON SURVEY/SITE PLAN DATED 05/181202 Zoning Board of Appeals Owner(s):NORTH FORK PROJECT LLC Mailing Address:5550 W.MILL ROAD,MATTITUCK,NY 11952 Telephone: Fax: Email: NOTE:In addition to the above,please complete below N 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:r631-315-6070 Fax: Email:MFINNEGAN@NORTHFORK-LEGAL.COM Please check to specify who you wis correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), 6f 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 Wiermit 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: XIII Section: 280 Subsection: 55A,55B Type of A peaL An Appeal is made-for: (V�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 Ot r A prior appeal( )has, M as 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) Name of Owner: ZBA File# REASONS FOR APPEAL (Please be speck,additional sheets may be used with preparer s signature notarized): 1.,An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: SEE ATTACHED NARRATIVE. 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: SEE ATTACHED NARRATIVE. RECEIVED JUN 14 2022 3.The amount of relief requested is not substantial because: Zoning Board of Appeals SEE ATTACHED NARRATIVE. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: SEE ATTACHED NARRATIVE. 5.Has the alleged difficulty been self-created? { }Yes,or i(No Why: SEE ATTACHED NARRATIVE. Are there any Covenants or Restrictions concerning this land? VNo {}Yes(please furnish a copy) This is the 1 GNEVIUM that is necessary and adequate,and a e preserve and protect the character of the neighborhood and the health,safety and welfare of th om`munity. Signa pplicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this 7th day of June .20 22 C Notary Public SCHWEITZER ANNALISE NOTARY PUBLIC-STATE OF NEW YORK NO.01SC6M5? QUALIFIED IN SUFFOLK COUNTY WCOM SSION EXPIRES SEP 26,20 i , r ATTACHMENT TO USE ANqgJMMRIANCE APPLICATION OF RECEIVED NORTH FORK PROJECT LLC JUN 14 2022 By way of this appeal,the Applicant is seeking relief from the Building Inspector1�0%9foard of Appeals Disapproval dated June 18,2021 and last renewed on May 24, 2022 for a building erm' legalize an as-built frame storage garage on the subject premises which Iies 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 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 USE 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 required to reach the �6 conclusion that the Applicant cannot realize any return from uses that cann s property. RECEIVED JUN 14 2022 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 ecLaoIRN Board of Appeals 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. 1 REASONS FOR. . ARIANCE: RECEIVED JUN 14 2022 1. An undesirable change will not be produced in the CHARACTE of the neighborhood or a detriment to nearby properties if granted', because: Zoning Board of Appeals . 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." j APPLICANT'S PROJECT DESCRIPTION APPLICANT: NORTH FORK PROJECT LLC DATE PREPARED:05/26/2022 1.For Demolition of Existing Building Areas RECEINI"Er" Please describe areas being removed:N/A JUN 1 4 2022 Zoning Evoard of/App 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 d 4V ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ' ---------------------------------------------------------x C': 2022 In the Matter of the Applications of a NORTH FORK PROJECT, LLC - - - - #7687 and 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-1960's 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 � r and no room for accessory storage that is essential 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. 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 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. 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: 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 action, there is no perceivable environmental impact from the proposed construction. 5. 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." i 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, FINNEW LAW, P.C. Atte eys or Applicant M in D. Finnegan, Esq. 13250 Main Road Mattituck, New York (631) 315-6070 EXHIBIT "A" FWVIN yr Owul-"RiL1J, AMAT Ivim ;) AC'rI Iq OF THE ZONLNG BOARD OF APPEALS vATaTanuaxy...1.9, 1967 Appeal No. 1018 Dated January 3, 1967 ACTION OF THE ZONING BOARD OF APPEALS OF = TOWN OF SOU'THOLD 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, 167 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request fpr a special e%Teption under the Zoning Ordinance (x) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ................Section .:...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, Mattituckj New York, a/c J. Richard Holmes, 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-tiattituck Creek, eoutY by Mattituck Holding Co. , west,by Mattituck Holding Co. c, 3. VARI.ANCE. 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 f ) be reversed. ZONING BOARD OF APPEALS FORM ZB1 _ U) 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 applictLtion 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 snd the permission granted herein -does observe .the -spirit of the-ordinance and will--not change the character of. the district. 'Therefore, it was RESOLVED that Edward Abitz=,-Mattituck, New York; a/c J: Mchard Holmes,: Mill,Road, Mattituck., -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. r EXHIBIT "B" ( VAI FORM NO.x TOWN OF SOUTHOLD ' BUILDING DEPARTMENT TOWN CLERICS OFFICE SOUTHOLD, N. Y. 1 BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N° 3369 Z Date ............................�R;n ?9.......P., 19..6?. Permission is hereby granted to: ......Hat*r1*wiwk.......................................:....... .................................:.............................................. to .old...now-aeeeaa®ry...S1dg..Yar...!!0ld..Mi1.1..Inn!!................................................. . ................................................................................................................................................................ at premises located at ...$1,%.XL-11...Hoad,.4.-WAS.-fttt1tuek.-1n str.................................... ....................... .. ...................Xa ttita,ck*. .N..Y.. ............................................................................ •............................................................................................................................................................... pursuant to application dated ................................J&=ar.y......1..., 19....67,, and approved by the Building Inspector. NOTEt Approved by Bd Appeals Fee $....10.............. r Building Inspector ' FORM N� u ( � ~^ ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUlrHOLD NY. Application No. 'Djsapprovecl` ' " � .�� ` . . _ ~___._._,,_. \ �~ .....--. ' --...—^—' ....... U�uih6hm /nopuctor) APPLICATION FOR BUILDING PERMIT Date.....................J.QJlVaX.Y.........3........... l9.6.7— INSTRUCTIONS p. This application mum be completely f/|(od in by typo*n'a, o, /n ink and submitted in duplicate to the Bui|di, Inspector h Plot plan showing location of lot and of buildings on p*:cn/sem' relationship to adjoining premises or public streets. areas, and giving odetailed description oflayout ofpmpertymus' bedrawn onthe diagram which i^part ofthis ppp}'coMo c The work covered by this application may not be commenced before issuance of Building Permit. J. Upon oppnomz| of this application, the Building Inspector will issue o 8u//d'no Permit to the applicant. Su, permit shall be kept on the premises available for inspection throughout the progress ofthe work. e Mubuilding shall beoccupied orused /nwhole or /npart for any purpose whatever until o Certificate ofOccupon' shall have been granted by the Building Inspector, APPLICATION IS HEREBY MADE to the Building Department for the issuance of o 8u/|6)no Permit pursuant to t> Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Lowy' O,Ji"onca, ` Regu(at/ons, for the construction of buildings, p66/t/onn or alterations, or for removal or demolition, as herein 6evcr/bw The applicant ogroao ,o comply with all applicable laws, ordinances, building code and regulations. Edw. JQ��t��..��(�..�['��������..�o���a��...—.—.—.--.---^..-- (Sienotun,of applicant, or name, if corporation) ~.'.--.--..----..—.--. rxddreasofapplicant) State whether applicant is owner, lessee, ogoro' architect, engineer, general contractor, electrician, plumber or 6ui|Jo .---.- .—.—~.-------.,..—.C.gAt7.m1.Ar.A.Azewt........................................................................................ Nomenfowner vf premises ..J ..BQ.JMg.,5....... .................................................................................................. If applicant iso corporate, signature of duly authorized officer. '-' .............................. '-''^'--^^^^~~--^^—~—^--' ... (Name and title o{corporate officer) l. Location of /un6 on which proposed work will be done Map No .....WNW.--..---.—~— Lot No: .X=--.. Street and Nurn6w, .......... ....... ................................................................. . Municipality ^ 2. State ex/sting use and occupancy of premises on6 intended use and occupancy of pn,poua6 construction:` � o. Existing use and occupancy ...... .............................................. ' b Intended use and occupancy ... ;iaw'q� P.qrpan ' 3� Nature of work (check ~h( `rp./' |e). New Building 'J�{��—.. -- } ...--.... Alteration .----, ' Repair ................ ,. Removal .................... Demolition.--....—.. Other Work (Describe) .................................. 4. Estimated Co, ........5^OD�.Jl��.--.—..--_��ep .JJ�—...---.--.—'--'----~_—'----' ' (to be paid on 6\/ng this application) 5. If dwelling, number of dwelling units ............................Number ofdwelling units oneach floor ........................ !fgarage, number ofcars -..—..—.—..,--,`^—~~.—^--^—^'~'^'~^'--'—^—~—'^~—^-^~'--~^-' ^ 6. If business, commercial or mixed occupancy, speci fty nature and extent ofeach type of ^ ' 7 Dimensions of exist/ng structures, /f any- Front .......J-7....... ...... Paqr .......................... Depth ' Height . —. — ................. Number of Stories --0# ............................ ..... Dimensions of some structure with alterations or additions* Front .--.----..--. Rear .—..U........—.. Depth .............................. Height ..............................Nwrii6o/ ufStories ....................................... 8 Dimensions ofentire new construction- Front ..�..—..—..,.- Rear ............................ Depth ...... Height ............................ Number ofStories —J3W.Q..—.-.^ 9. Sbenf lot- Front --31+.6.—.,-- Rear —.—.�4.l........... Depth �»-PIus lUDote of Purchase .......................................................Name of Former Owner ................................................... l[ Zone o, use district in which premises are situoted.— .................................................... .................... ....... 12 Does proposed construction violate any zoning b*' ordinance or regulation? ........................Y.P.15.................. 13. Name of Owner of premises ----,A66roa .........Mat±itocko............ Phone No ............... Nameof Architect ......................................................Address ............................................ Phone No ............... Name n[ Contractor ..IC'`..4.1p.i tz..............................Address .......i"14tti-t=k, ..—_.. Phone No ............... PLOT DIAGRAM Loeo»w daod' and distinctly all buildings, whether existing ' and indicate all xetbockd/mens/ons 6 property >max. Give street and block numbers or description according ,o deed, and show street names and /n6/c whether interior o, corner lot. � ` ST/(TEOFNE l �3 COUNTY OF ���*eye .--^—\ ._._____.__..�dx�.-�])�1�._.—....,.—..--- �.� ng duly sworn, deposes and says that he u the op ,^— (Name of individual signing application) �6ov� named. He � the ------.��T���a�tAz---.'_--~.^--_.~_.__—~,~. ~~,~___. ^ -- V�on�o�or ogen� cn�om� of�ce� �c� ^ of said owner or owners, and isdudulyauthorized to perform o/ have performed the said work and to nmk= o this application; that all stcupnm,ts contained m this application are true to the best of his knowledge and and^^ that the work will be performed in the t forth in the application filed therewith. Sworn to before me m/s . lP . — —. .--..~. ._, _ .. —�—__^~~~^ ����~�'��' —~.—.—, •-}y� r , Nei •� • , .. �II r � r� r � \OV, vb r..»1 NEW l 9 � S FO R ?e. E i)w^n P A b t T; KATTIrUCK TTowsi pf SOvrme,.O SwrvPL' it C44VMrr, N.Y. N Q v, 9. 1946 A,LD N W. YOUNG, PROWMONAL ENGINEER AM W46"VMR,624 06 ANM AVE, MVS S-LA&,N. Y. I I f j Vi QUESTIONNAIRE �U U FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? RECEIVEF I Yes X No JUN 14 2022 B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. Board of AppeaI6 C. 1.)Are there areas that contain sand or wetland grasses?NO 2.)Are those areas shown on the survey submitted with this application?NSA 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 s>gnature and Date co Town of Southola 3/9/2018 P.O.Box 1179 _ 53095 Main Rd Southold,New York 11971 ��} ReGEIVED CERTIFICATE OF OCCUPANC36N 14 2022 No: 39387I)hl .g Board jf jfToftals THIS CERTIFIES that the building ADDITION/ALTERATION Location of Property: 5670 Mill Rd,Mattituck SCTM#: 473889 Sec/Block/Lot: 106.-64.1 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 u ho ' Signature :1 FORM NO.2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE j RECEIVE'SOUTHOLD, N. Y. a JUN 14 2022 BUILDING PERMIT Zoning Board of Appeals (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N9 3369 Z Date ..............................A�..... 0, 19..67. Permission is hereby granted to- ........ ...Ria8ard-1 alines .........Hat ti t"k. ............................................. ................................................................................ to -Bid- :d• now••.aceeesery...B.1-dg--Por...nOld..11ill-.ZnO................................................. ................................................................................................................................................I............... at premises located at ...8,/5..Xij1- .Ro&d,.&•..W/8..MttituiMk.-141Utr.................................... ...........................I..................ke tti tua ky. .RO-Y.. ............................................................................ ................................................................................................................................................................ pursuant to application dated ................................Ja=RXr..... 19....6.7 and approved by the Building Inspector. pOTEi Approved by Bd Appeals Fee $....10.............. Building Inspector j I �t�p.. Town of Southold 3/9/2018 �/7 P.O.Box 1179 � _ 53095 Main Rd Southold,New York 11971 RECEIVE, ' ; jUN 14 LULL CERTIFICATE OF OCCUPANCY ' Zoning Board of Appeals No: 39386 Date: 3/9/2018 THIS CERTIFIES that the building ELECTRICAL Location of Property: 5670 Mill Rd,Mattituck SCTM#: 473889 Sec/Block/Lot: 106.-64.1 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 Authoriz ignature Appeal No. 1018 j ' Dated January 3, 1<_ ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Edward Abitz a/c J, Richard Holmes Appellan Mattituck Mill Road New York Mattituck, New York at a meeting of the Zoning Board of Appeals on Thursdays. January 19 1M67RECEIV appeal was considered and the action indicated below was taken on your f ( ) Request for variance due to lack of access to property JUN 14 2022 , ( ) Request for a special exception under the Zoning Ordinance 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 expptlon ( ) be granted ( ) be denied pursuant to Article ................Section .......::........ Subsection ...............:. paragraph ......... ...... of the Zoning Ordinance, and the decision of the $wilding Inspector be reversed ( ) be confirmed because 7:40 P.M. (E.S.T. ) , Upon application of Edward Abitze Mattituck; New York, a/c J. Richard Holmes, .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, hounded north by Mill Road, east by Mill Road-Mattituck Creek, south by Mattituck Holding Co. , west,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 ( ) the confirmed ( ) be reversed. L ZONING(, BOARD OF APPEALS FOR11R zB4 ! /9 A RECEIVE[,, JUN 14 2022 Zoning Board of Appz.:I..il.• 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 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 imiaediate,. vicifiity of) this property and in th- sameuse district and the permission granted here-in .does observe -the spirit of the .Ordinanee-)and. ill.-not change the character. of-the district. •Therefoxe,- it< was RESOLVED that Edward Abitz;-Mattituck, New Yorki a/c J. lachard Holmes,- Mil1,Rold, Mattituck., 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. 11111111 IIII IIIII IIIII IIIII IIIII Illll IIIII 11111 IIII IIII RECEIVED IIIIIIIIIIIIIIIIIIIIIIIII4 UN 1 2022 J 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 $9,400.00 NO Fees Paid $10,130.00 TRANSFER TAX NUMBER: 18-29776 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County � 2 RECORDED Numb:rofpages 2019 Apr 18 04:00:42 PM JUDITH A. PASCALE CLERK OF This document will be public SUFFOLK courarY record.Please remove all L DMO13008 Social Security Numbers P 995 ------_ prior to recording. Dr1« 18-2977E. RECEIVE® Deed/Mortgage InstrumentDeed/Mortgage Tax Stamp Recording I Filing Stam s I I 3 FEES JUN 14 2022 Page/Filing Fee Mortgage Amt. II 1.BasicTax 3 Handling �) 00 2. Additional rax Zoning Board of Appeais TP-584 Sub Total SpecJAssit. Notation _ • or EA-5217(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX ��f, _ Dual Town Dual County R.P.T.S.A. 4bb _ Held for Appointment Comm.of Ed. S. 00 � TransferTax Affidavit Mansion Tax y(® The property covered by this mortgage Is Certified Copy or will be improved by a one or two NYS Surcharge is. 00 family dwelling only. Sub Total YES or NO Other � Grand Total If NO,see appropriate tax clause on e#')—of this instrument. 90 lP54L- - tg-19 4 Dist./D r 5 munity Preservation Fund Real Property 19011433 Consideration Amount$ Tax Service I�I�I1llIW�WU�IWIWlIII�IWIDI Agency II 111�11111111ll111 IWII I�IWII CPF Tax Due Verification (1D6-APR-1 . Improved ✓ 6 Satisfactions/Discharges/Releasesrist-ProPerry uwners•maumg-nuoress RECORD&RETURN TO: Vacant LLaan[dd To )74u"A :ZL J.e JAunx,�zz. �SnL P. D. T?OX Jb7a r TD ft1,4'T--r;-r-L,-c.K , " I L S� TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Titles+ 70 —37/S 8 SUffolk County Recording & Endorsement Page This page forms part of the attached made by: (SPECIFYTYPE OF INSTRUMENT) 5'77s: '-�n lTtf LLC The premises herein is situated in SUFFOLK COUNTY,NEW YORK. -IsTO intheTOWNof _L^rte 1�olcQ 174 /Jar-7-h WrIC Pripiga- LLC In the VILLAGE orHAMLETof MA c-K BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over 1 . p.T S. Doc ID: 19011433 R DTY A 16-APR-19 Tax Maps �Q District. Secton Block Lot School District Sub Division Name 1000 10600 0600 003000 - -- 1000 10600 0600 004001 MATTITUCK-CUTCHOGUE RECEIVEr' JUN 14 2022 1 Zoning Board of Appeais Indenture Bargain and Sale Deed with Covenants Against Gr ntor'!JUN HIVED THIS INDENTURE,made as of the 18"'day of March, 2019, 14 2022 r BETWEEN 5775 REALTY LLC, having an address at c/o Krasr erZ& ar2d0o��arrkalN� Avenue, Suite 1700,New York,NY 10166,party of the first part, FORK PROJECT LLC, having an address at c/o David J. Jannuzzi,Esq., 13235 Main 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 of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 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-Lib 241. RECEIV!77' 9 IN WITNESS WHEREOF, the party of the first part has duly executed this dM kid diq2 � and year first above written. Zoning Board of !appeals In Presence of 1'5- 1175 e L C By: ; �j�-%Tthorized signatory ACKNOWLEDGMENTS STATE OF NEW YORK ) )ss.. COUNTY OF NEW YORK ) On the 18" 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 ROHM DEMESE W 'MW PU3j%S ATE OF NEW y0M Regi bejonNo.01DE.=117 ouamw in iffa&county IAy tomn�6phes pdober 2l,2t1?! FIDELITY NATION41-TITLE INSURANCE COMPANY TITLE NO.7404-003715 SCHEDULE A-1 (Description of the Land) For Tax Map ID(s): 1000-106.00-06.00-004.001 RECEIVED { 1000-106.00-06.00-003.000 14I AMENDED 03/0812019 i TAX LOT 003.000 Zoning Board of Appeals _1 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 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, 15.01 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 and land 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 for Title Insurance Printed: 03.21.19®02:36 PM Schedule A-1 Description NY-FT-FRVH-01030.431004SPS-1-19-7404-003715 FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-003715 SCHEDULE A-1 (Continued) RECEIVED `n A 4.South 84 degrees 08 minutes 20 seconds West, 68.70 feet; and JUN 14 20221 2.North 35 degrees 49 minutes 30 seconds West,295.99 feet to Mill Road and th point.or PP6caer8fRWWN ' Zoning THE POLICY TO BE ISSUED under this commitment will insure the title to s s an improvements on 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 1 RECEIVED JUN 14 2022 ze-i-g Beard of Fals .I BARGAIN AND SALE DEED With Covenants Against Grantor's Acts Title Number: 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 V 110' LU ui z m _ c 0 ~ � L • 'Fp �� � g s @ p �i S v {y, c I� i g '' E i Jr IL LI - Or IE 13 2 04 IL u 5C, 1 gpr � - j4� iLLmu�S .e I Ni e m $ � � a � � ao ssy �c �g g� � gBQE■��c� o � � �ls le _i f l�Q'= . m"m �� E u Al i I' p a r�mDNt�us3 _ _ 2z � v r I'i d a lmtiowu d:d- EI �yfP pB N 0 1 !k a d 0 g _c - I jr , Q~ ■ � I _ I 91 li° 1 El %01 - ° p yggg yy p LnI S g a as ,ms`s �Opp o 3% o c;l as N N tT ® V ° cog ,pp V `' .711 •-1 6 $ L '� � N �1� o Qyj i 5 L 0€ o e qgi �d* � EHEC �'� � 5 �I8 W m � Ey I I? 1 '�' o 01 0 5 I E gg 22 uj5 a E a 1 8 G! V V c7 C z ^m6 -`� 6 � '�8 rE� ` m ' m e W o j-31" t n �_ 5 jr T q b o C _ �� 's y ..t W LL 6 el J ,o " 4 VJ T iG .-. U NORTH FORK PROJECT a New York Limited Liability Company RECEIVE" OPERATING AGREEMENT JUN 14 2022 Zoning Board or ; AGREEMENT,dated the 3rd day of March,2019 by and between the un ersigne mem ers,—... 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. 4. The principal place of business of this Company shall be located at 5550 West 1 , Mattituck, NY 11952. 5. There is no individual or entity that is the Registered Agent o7 Ci� }�ED 99 1 6. The Secretary of State of New York is designated as agent o this G"In� Ripon wham process against it may be served, and the post office address to which the Secretary of St to shall mail a copy of such process is: Zoning Board of Appeals NORTH FORK PROJECT 2 5550 W Mill Road 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 any purpose reasonably related to such member's interest as a member, the Articles of Organ' �tio11, h (�nerating__._� Agreement, minutes of any meeting of members and all tax returns or Fina cial st4EG Wof the Company for the three years immediately preceding his inspection,and othei information regarding the affairs of this Company as is just and reasonable. JUN 14 2022 6. No member shall be personally liable for any debts, obligatiomcwAbhjA4bp�tbjsai5 Company or of any other member,solely by reason of his being a member oft , 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 RECEIVEr", unless authority has been delegated to such member by the manager or by ome 4S p o iSS of ' this Agreement. L� e) The manager shall perform their duties as manager in good f A0989AERNERWWRIs of care which a reasonable and prudent person in a like position would use under 'similar circumstances. Each manager's liability to this Company or to its members for damages for any breach of duty in such capacity is eliminated, except if there is a final judgment or adjudication adverse to the manager that established that his acts or omissions were in bad faith or involved 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 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. �A 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 prox ally be revoked, if prior to its use, the death or incompetence of the member occu ed, an4Ego f such death or adjudication of incompetence is received by the Proxy Holder. JUN 14 2022 ARTICLE V Zoning Board of App=djs MONEY MATTERS 1. Each member of this Company shall contribute the amount set forth under his name 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 t� Tom. 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. (A 0 4. No member shall receive from this Company any part or ^g.� @f--�apital- Contribution until all liabilities and debts of this Company have been paid anREIG rl VEml ains sufficient assets in this Company sufficient to pay them, without placi g the solvency of this Company in a reasonably disabling position. A statement from the Comp y's aJMr1 t24??his effect shall be placed in the Books and Records of this Company. Zoning Board of Appeals 5. No distributions shall be made which render this eum W en . Notwithstanding anything herein contained to the contrary all proceeds received by this Company from the sale or refinance of the Property(the"Proceeds")shall first be applied proportionately to the 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 m yFd-eemU ppropriate and in the best interest of the members. JUN 14 2022 9. Neither this Company nor any member may make an election for%e Cin ts�b excluded from the application of Subchapter K of Chapter 1 of Subtitle A o11> f the Internal e Ea Code or any similar provisions of applicable state law, and no provisions of this agreement shall be interpreted to authorize any such election. 10. Anthony Martignetti is hereby designated as "tax matters partner" of this 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 i�yy / F or Sec. 509 of the Act. b) To members in satisfaction of liabilities for distri ution ukc 077 or S6. 509 of the Act. JUN 14 2022 C) To members first for the return of their Capital Cc tributions, to the extent riot previously returned, and second, respecting theire � ct� est1he e proportions in which the members share in distrib ti foregoing provisions of this Agreement. 4. Within ninety days following the dissolution and the commencement of winding up the affairs of this Company, or at any other time there are no members,Articles of Dissolution shall be filed with the Secretary of State of New York. Upon such filing of Articles of Dissolution by the Secretary of State of New York, the Articles of Organization shall be deemed to be canceled. 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 undcr 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 subse ue ' by the members, whether or not relied or acted upon, shall amend thi greeikLqr 'Mair or therwise affect any members' obligations, rights or remedies pursuant to this Agreement. n JUN 14 2022 4. Any notice, demand or other communication equired or permitted to e given pursuant to this Agreement or under the Act shall have been s yjryoz �laoses, if given pursuant to the provisions of this Agreement or as set fo h i� ay be. 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 RECEIVED Manager Mem ers J I JUN 14 2022 0 of p FZoning Board of Appf--�:j..... ANTHONY MARTIGNETT]r------j 10 RECEIVED AGRICULTURAL DATA STATE ENT ZONING BOARD OF APPEAL S JUN 14 2022 TOWN OF SOUTHOLD p WHEN TO USE THIS FORM: This form must be completed by the a p7o nlipfi ny peocia"Ip peals it, U site plan approval, use variance,area variance or subdivision approval on property within an agricullYral district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. I. Name of Applicant:NORTH FORK PROJECT LLC 2. Address of Applicant:5550 W.MILL ROAD,MATTITUCK,NY 11952 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project:LEGALIZE AS-BUILT 17'X20.3'STORAGE SHED 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 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.Cotmnents 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 Shout Environmental Assessment : Instructions for Completing RECEIVED � (J,, I Part 1-Project Information. The applicant or project sponsor is responsibl for the'completi�n�TP"art 1. 1'esponses become part of the application for approval or funding,are subject to public revi w,and may be subject to further erification. Complete Part 1 based on information currently available. If additional research rAygoS1yd to fully respond to any item,please answer as thoroughly as possible based on current in ation. Complete all items in Part 1. You may also provide any additional infonnation which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: 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 propose-dtion. , / 13Urban 11Rural(non-agriculture) industrial >gCommercial ffiResidential(suburban) 11 Forest El 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? j X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state lis ed Critical Environmental Area? NO YES If Yes,identify: MN 14 20" X 8. a.Will the proposed action result in a substantial increase in traffic abc ve present levels? NO YES Zoning Board of Appeals 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: Vhoreline ❑ Forest ❑Agricultural/grasslands ❑ Early mid-successional Wetland ❑ Urban Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? 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 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: /-\i go 19.Has the site of the proposed action or an adjoining property bee i the locaAEGEJ q/Ce0i ve or clos d NO YES solid waste management facility? X If Yes,describe: 20.Has the site of the proposed action or an adjoining property bee s n orig ing or NO YES completed)for hazardous waste? X If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: MR11D.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 I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 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 V� may may occuri occur 10. Will the proposed action result in an increase in the potential for erosifloodirRE a problems? t, 11. Will the proposed action create a hazard to environmental resources or h man h,JM Part 3-Determination of significance. The Lead Agency is responsible f r the coml�tj� oJfPpl dl�ir every question in Part 2 that was answered"moderate to large impact may occur",o i�fijTP a need to ex a particular element of the proposed action may or will not result in a significant adverse n a impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Town of Southold LWRP CONSISTENCY ASSESS NT FSRffIVED E �n A. INSTRUCTIONS JUN 14 2022 1. All applicants for permits* including Town of South 1a n i��a�}� ,� te� this CCAF for proposed actions that are subject to the Town of Southol ate ont C �iew Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 106.00 -06.00 -004.001 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. E Board of Trustees 0 VZONING 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 RECEIVE[ nu JUN 14 2022 Present zoning classification: MII dd 2. If an application for the proposed action has been filed with the �LRni?%Ilo& ulc�aAenc ,.the following information shall be provided: (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 No ® Not Applicable4 RECEIVED '04 JUN 14 ZUZZ f APpeals S 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 0 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 0 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 [:]No® Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No® Not Applicable RECEIVED JUN 14 2022 Zoning Board of Apped1b 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. ❑ YeD 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 RECEIVED JUN 14 202Z Attach additional sheets if necessary OV Zoning Board of Appeals 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 Zonlwy AiDiDeals A 'cRECEIVED ation Leoard 14 AUTHORIZATION (Where the Applicant is not the O 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. (Owner's Signature) ANTHONY MARTIGNETTI SOLE MEMBER OF NORTH FORK PROJECT LLC (Print Owner's Name) APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: ANTHONY MARTIGNETTI 1 F (Last name,first name,middle initial,unless you are applying in the na a of someo entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) JUN 14 2022 Tax grievance Building Permit Variance X Trustee Permit 70ning Board of Apps:—t, Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest.`Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative).and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child b(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 tk PA Submitted this day o&aPA 2022 Signature_ 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. YOUR NAME : MARTIN D.FINNEGAN Q (Last name,first name,middle initial,unless you are applyi in the name of someone else or other ntity,such as a company.If so,indicate the other person's or company's na e.) 222 JUN 14 TYPE OF APPLICATION: (Check all that apply) n Tax grievance BuildingLermitVariance X Trustee PBoar or Pe315 nqChange of Zone Coastal E Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 26th o May 2022 Signature Print Name MARTIN D.FIN .P ------ Oak, J tel• '... .. � - _ � �'. ., �Ay�n•wc..• el ! y V4 r r". i 11 1. i 3 r �i N ED, .� a4 - J; • � !/= Jam'.♦ T_��I�•1f�. : �fh'��1 lC.� tfi�J ,\tew.,,.� .T.'e'er. F �..i•. .: f. .. , � - t.s ,� ! LEr"� � { •'�, ,cs..����,��"� 4�#.,,,�'al.. .�«...� y1„` —**^ "'.e wr-1�+,��,��'tye'° a `rte•�, a �R .r r I +r r F ll ! 3 Yg pFF� 77 Ac to r � 1 F .a!• ... a mgr, Y w -.%F �L �` �i;""#0.t�.,• #s?' � � �� ""fie' � _'� .., �"s��'-'•'�ya'.''*.e.r,y_" ;<� ,A.. {�?� w 4 T� Al ,�.- .�► yr. R ._ .. ,„ _. - ': r. .' ,ter. .. .sd►+ A �'.R A PJM, f` f v � - �. � - tLr - -.l "3Fif a...� '1r. A.- ,� .:,- i" ,.. �q�s.`P�'� �.�±s' •� �. u � ��P a ''Sv,�'�.�k.rt1� r4�'� .^'��"'„,��-.: , �* ��i 4ty. �� ,✓• � � 5` 'Ck .�,e+1�'�tt �_. b ',�,,i t i }f `r a n ., r, :�I�r n J _ ft t°1 F ri rt ; 2 _. .� �'� .r• +e,. � �'d*,�1,- y,fes�. � � � 4 y +'fg ,�' ��RyY .� M may.-�4 �Fw �w f a_ ,may^✓ Y •y. tib ,< ,�� � gp71 �s r- i'""d/ ��.�.x' '%w. ., w.�'"'". C .x ��•s..`�`.- '�3� /�.' �`_`.' ,r J� �'{YLRP,.�..Y,�iii5+1F <�'�i.n`.'�.a __ r++�.�:�u;' ~3"". `.-ax r J d RECEIVED JUN 14 2022 Zoning Board of Appeals „ � x $ L k. ax A Y x - AV I tL ' � C ^^ \ ) OWNER STREET VILLAGE =77�7DISTRICT SUB. LOT S— W TYPE OF BUILDING RES. 3 ,,VJ SEAS. VL. FARM i comm. IND. CB. misc. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS 72 141 AGE ILDING CONDITION NEW NORMAL B ABOVE FRONTAGE ON WATER _For' Lu Tillable 2 ca DOCK � Tillable 1 F-4 LU BULKHEAD � Tillable 3 Woodland Swampland Z �e""* , D,ush|ond House Plot -711 SCTM #F TOWN OF SOUTHOLD PROPERTY RTY R� OWNER STREET VILLAGE DIST. SUB. LOT ACR. REMARKS TYPE OF BLD. PROP. CLASS \,J\J LAND IMP. TOTAL DATE ,Gat N uj 1> Lu rl uj FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL p / ii 1 v -i 106.-6-4.1 03/09/2018 I Foundation �- — ; Bath 46 Basement I Floors Extension N a °! ; Ext. Walls II'Ca I Interior Finish Extension W Fire Place i ( Heat I (MO Porch I Roof Type OLU _ --- -— --. -- ------------ —-----— _. _ Lu �- —' Porch I Rooms 1st Floor - --- ----- - - -� ------ _ .- .— ---- -- ---- -- -- - -- ---------- r ----- °_. . _ _ t- .._ 1- -- Breezeway I N i Patio Rooms 2nd Floor Garage ; Driveway �Dormer O. B. j z ZBA CHECK FEES - 2022 Funding Account- B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 6/13/2022 Diviney, Daniel &Suzanne J 7683 $500.00 8550 6/17/2022 6/15/2022 Key Capture Energy, Inc. 7684SE $1,000.00 8645 6/17/2022 6/15/2022 North Fork Project LLC 7687& 88, $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 J $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 Town Clerk 1107 FINNEGAN LAW, P.C. CSI PO BOX 1452 MATTITUCK,NY 11952 1-2/210 DATE PAY TO THE � S®lJJ' b $ / 0ml i ORDEROF1500.0 DOLLARS CHASE Imp LI JPMorgan Chase Bank,N.A. www.Chase.com ire FOR AJO ri h Err- 1066eCt-4LZ OWC-InO S fir fe RECEIVED JUN 2 3 2022 Southold Town Clerk !^ } n of Southold t" _ .J Box 1179 ti 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 CK#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 Westermann, Donna From: Martin Finnegan <mfinnegan@northfork.law> Sent: Friday, October 14, 2022 9:27 AM I 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, ;Et i 3.44- i Martin OCT 14 2022 MARTIN D. FINNEGAN,ESQ. FINNEGAN LAW P.C. a r. ��Ic, Zoning�il�l;� C7U�rf..l O} r'i�J l—�'.,L.i-. j 13250 Main Road __ _ t a P.O. Box 1452 Mattituck,New York 11952 T 631.315.6070 C 516.298.5384 nifinne an c north fork.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. i I& R lts�MR.-, S Mi RE BOARD OF SOUTHOLD TOWN TRUSTEES ,- VC: SOUTHOLD, NEW YORK f. OCT 14 2022 *. .. .......... PERMIT NO. 10084 DATE: FEBRUARY'16,20222onin-., ISSUED TO: NORTH FORK PROJic(,c,r, LLC PROPERTY ADDRESS: 5775 MILL ROAD,MATTITUCK p SCTM#: 1000-106-6-3 AUTHORIZATION R Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and i X accordance with the Resolution of the Board of Trustees adopted at the meeting held on Februaa 16,2022,and in consideration of application fee in the sum of$250.00 paid by North Fork Project, LLC and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits i:RIE s? the following: Wetland Permit to renovate and modify existing commercial building(Old Mill Inn,originally constructed circa 1821), by raising in-place a 1,455s ft.,2.5 story portion of building 4.5 feet A - 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 V 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 A A, J open wood deck and steps over new/modified piling foundation(design emulates original %Z'i I building footprint); removing 107s •f.one-story portion of building and 22s •f.cellar entrance; and constructing a 127s •f,ADA compliant access ramp; replace surface of existing 665s ft.wood deck to remain; remove and replace masonry walkway; upgrade existing sanitary system with FA OWTS system; install stormwater drainage system; remove existing LP tank and fencing; and temporarily remove and replace overhead utilities; and as depicted on the site plan prepared by Meryl Kramer Architect, last dated December 17,2021, and stamped approved on February 16,2022. Zvc 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. VMV, 9 f F04 K cx, R ..4 P.1=L%1512 D 4 2022 I OCT 1 � TERMS AND CONDITIONS W The Permittee North Fork Project, LLC, residing 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: 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. 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. ^ t OL u u0m at• TEE 5 ' Noe`* NEW Y ./i NO*I � , R*K d T US-00 Dato Ze� Address ' .Ml RAO, AAMM4K THI S. NOTICE • DURING o , . TOWN TRUSTEES W O O ., D 0. O /' r '765-'1892 ' ` Glenn Goldsmith,'President ��V SOUT�o Town Hall Annex A. Nicholas Krupski,Vice President ,`O f0 54375 Route 25 P.O. Box 1179 Eric Sepenoski :ri, L l4 Southold, New York 11971 Liz Gillooly N G 9Z Telephone(631) 765-1892 Elizabeth Peeples �� Fax(631) 765-6641 a/ OCT 1 BOARD OF TOWN TRUSTEES 2022 i TOWN OF SOUTHOLD ; SOUTHOLD TOWN BOARD OF TRUSTEESYOU 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 1 st day of construction "/2 constructed K When project complete, call for compliance inspection; Glenn Goldsmith, President so�Ty Town Hall Annex A.Nicholas Kr.upski,Vice President ,�0� ��� 54375 Route 25 P.O. Box 1179 Eric Sepeli.4ski Southold,New York 11971 Liz Glllooly C � G ® Telephone(631) ' Elizabeth Peeples 65 1892 p '� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES QCT 14 202Z TOWN OF SOUTHOLD Storm Water Runoff 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 aquatic plants,nutrients from animal waste and lawn fertilizers that promote algae blooms detrimerital 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 concerns. So important, 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 must 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 our 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! caEtm wa,em sPv.n,rc c.ai 11O''�E wm.ia9 sr uvLwotoiusn DEcnuncEHrnREn]au9sf rtRvmm�o,.wEn n..,0m�. - i�rcwo-s uRorxronEn uNol IE%0.WES wPIEmvniEz w.ol w�izV9nEn ___ Iw wefa i xem w.wae <.,,nu .r au ' MATTITUCK CREEK UnnHO E0TutFA:].m913a N)rc I °° ] 6„ _ _ cake u+G M•tuoes MB�`WaiWx' �- • ,u -- --- - -I.s ,. v�1w,.Ri.M.rwEwvE01,'�*.Rv.. - f �:�'�"'_c, �n �— wmal „v .n axwax r—i , - S.C.TAXN..1000.106-06-0 /:. 3 aI �•. / � .`- �e -- w•<Md, , , . 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MILL/ROAD r ._ / / —',m,x,,.rxi,.,x .xm./'.. .am,Rxa��,%� /~�• r '6-S�� _--�-^-�_ /":-� `--/�_ �.ar®nm�R;x�" .r•,, ...`.,,r . frwreuofvo, .,, / l / / aremmeem'P"[u°+¢wMn'userewoerat.u°aowu , ''.� P\j _ µILL.LLrI J --iaPPROYED S%-- PO l�a GNGSHE'T __ F OLD MILL INN ST0. _ - 0 ' 9�Aaoor'.; 6e III TTf W MI,NY AD 119 ' •� .�.trs - �� { -� 'OWN GF:{_"J--!;:QLD MATTITUCK,NY 71952 scTMN 100.106-06-wj, J sCTMA 1000-106-06-03, ipXN Ao l s ^ N {•'i-3 srm Pm°- . ';i • � a w vui•rla,wrw:°HouRs I 'CA6FlpEM(i R06T0m=LO _ �i1REn0}E00F•°,.9R]9i % / ,ev '��' 1 SITE PLAv� Z�•, .. tll '• ,']sE:ntzr.,m-uawa � seuE..x>m , // SWa:1 J � V0.UMERECxwEO•rir WFi. �� / /'/Nr�51 N�LL'LLc xe$"EHn�TriFw.+inn r6Ui� x�• ��••••,xr• �rl.vv wi�=Wes Hi.Hox.tE4cHwta N.wn,xEwraEH<o /yi/ ./� T0.w`GSWE sURnEV0RS Y5cLic N05M9> •1]r lrY3m25 EFf 0EmH sl0nMDRNNN.EvGIgIXSII n-0^01 '1{ °9A�ar]UW,Efm�cKCUuiOn n x.. �u_.. 501DCp'FR9 � „� / �� 5 pAiEO JUHE2 m]I WTFRcauEtir 695,EN.as EH0NH A" J BUfLFR PE,F� D O Mt GeMNr..m.roaM ago. Ut� R.WK- 100 �Alrb%01F Ala% 'S BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK OCT 14 2022 ...... 11viN t. PERMIT NO.9956 DATE: JULY 14;1021 ISSUED TO: THE NORTH FORK PROJECT,LLC q/o ANTHONY MARTIGNETTI, MEMBER _3 .7 PROPERTY ADDRESS: 5670 WEST MILL ROAD, MATTITUCK k' & SCTM#1000-106-6-4.1 4'4 lit AUTHORIZATION M; Ah" 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 7(-- consideration of application fee in the sum of$250.00 paid by The North Fork Proiect. LLC and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: 4 Wetland Permit to remove and replace in-place approximately 56 linear feet of existing timber 13 w;f,, with approximately 25 cubic yards of clean sand bulkhead with vinyl bulkhead,and backfill y 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 A, titi ti T 111-..t� €a replacement; and replace existing wood tie planter wall landward of bulkhead if/as needed; and Q f!, 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' "XI" ,A, It= (CPR KitJ1, :'v /-WO i W TERMS AND CONDITIONS M OCT 14 2022 The Permittee The North Fork Project, LLC c/o Anthony Martignettiresiding:at•5,670; West Mill Road.Mattittick,New York as part of the consideration for the-issuance of the. . _ Permit does understand and prescribe to the following: ]. 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. 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. 5uf Fdk Ccunty Hag5trom Map 45 I" _ +2000' Pk` � l ( 0/ JUN JUS C T 4 2022 Southold Town 519(ACCE»via 51,113JECf ROFEPMO 4 t3aard f Trustees } �«" = and MANIfL1CK Cf'.EEK via PAU) J5" \1.3 GOx HrflL�`t11�J Y T '• c I ONR} {yALH7 APPRG,,VELS B ?'S' Co 1 � o � B ARD OE VUSTEES w C{ TO '4 OF SObTI-IOLD o R`� , �+p_ ILy to tJ! fJPUU( j ! I a) �'P� a n N F� tA d 6���a'` 0 c"I -CO' ,SULTAN1' is I EX. WOOD/TIE•PLANTER WALL (TO 9VREMOVED AND13 Q } NORTH I {' REPLA 'D IF/A5\NEEDED) j '+' ���A a�. SC) T HIAM i`. N, NY 1 d 8I / EASEMENT oro to N 631-283-6360 a iMo APPROX. 56 LF OF �a I c _. EX. TIMBER BULKHEAD TO BE REMOVED AND REPLACED (IN— rc A. purpose:leplace/maintain ex,bulkhead For �c�+ �`$ G w�l. PLACE) WITH VINYL Flood and ero5lon control NT i9S>. �� ,r20'.• BULKHEAD 2, Datum;MI.W-0' -0" 5. New bulkheading to 6e constructed with VINI tl �t kuc Sheathing,treated 5tructurd tim6er5,and c' 1 hot-dipped galvanized steel ha dware; 68.701 tINgNO1tN o 4. Approt,25 cy dean sandy Fill to 6e trucked in From p}VNER an approved upland source For 6acknll 5, property location, 5690 West Mill road, Mattituck;5CfM#1000-106-6-4.1 PPOPO5�P f3ULUV I`MACMNf FOP, NOI?TN FOPK PPOJFCT, LLC MATTITUCK, 5UFFOLK CO., NSW YOPK 5H��f I OF 2 6-1-21 1 CF- OCT 14 2122 5�CTI0N THPU IN-FI ACF 131KHM) FVLACMW n APPPDX.AP,EA OF V15`t PANC ll PACKPILL f 20' t 2"CAP �- _ C 3) 6' x 8"WALES MNW: 2'-6" �}"x 6" fOP C:PoNP C1t7 MLW " 0'-0 1:x 20' 1 10"LAYLO(A 8" MAI)MAN +14' PEN PPOP.VINYL 13LLKgA17 IN PLACE GP EX UMP CLW < 0.46" x 10' X'18, VINYL 514;ATHWA 10" x 25'PLES(6'O.C.) EN-OONSULTANTS 1 '' tN1 0TH EA RCAD 001UTHAMPTON, NY '1 'l 968 631-20"3-6360 PPOPO5�P 6U, HW lT.pI.ACMNf FOP NOM, FOPK ROJ�Cr, [,( C MATMUCK, SUFFOLK CO,, NSW YOLK SNETT 2 OF 2 6-1-21 Fo - �T EN UT,HOL No:, Sot d te. Dall- go&- , Address.50ftalm ff!rV4K THIS. NOTICE MUST BE DISPLAYED DURING CONSTRUC'T,110-N•. � TOWN TRUSTEES OFFICE.TOWN OF SOUTHOLD ! unCD � � CX) SOUTHOLD, N.Y. 11971 TEL.: 765-1892 :" ' Glenn Goldsmith,President �Q Sf7UTy Town Hall Annex A. Nicholas Krupski,Vice President `O �l� 54375 Route 25 P.O. Box.1179 i John M. Bredemeyer III Southold, New York 11971 Michael J.Domino G Telephone(631) 765-1892 Greg Williams �� Fax(631) 765-6641 I COUM BOARD OF TOWN TRUSTEES l OCT 2022 TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD OF TRUSTEES 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 1st day of construction. % constructed When project complete, call for compliance inspection; b7 g I 635306a5-1208-4a9c-b041-3ce7f35a32f81 kimf@suuLhoIdtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE + ,, SOUTHOLD TOWN ZONING BOARD OF APPEALS \i} THURSDAY, OCTOBER 6, 2022 at 10:00 AM LLL 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 http://southoldtownny.gov/ca lend ar.aspx. 10:00 A.M.- PATRICIA AND ARGYRIS DELLAPORTAS #7676- Request for a Variance from Article III, 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 yard 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 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 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 t 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#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. 1:10 P.M.- NORTH FORK PROJECT, LL ..fi;_ 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 i 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/webIink/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 r 1 635306a5-1208-4a9c-b041-3ce7f35a32f8 Idmf@southoIdtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, 111 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 SOUr Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road e P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes-, CA Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento COUNT`l 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 http://southoldtownny.gov/calendar.aspx. 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. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email:kimf@southoldtownny.gov. Dated: 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 f Fat C- 1� Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 w Southold,New York 11971-0959 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. B61ow, please see instructions required to ,prepare for the ZBA,public hearing which;includes: riPLEASE READ.CAREFULLY. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than September 28, 2022. To avoid weather damage to your sign please affix it to a sturdy surface such aspfl;�eood. 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 ' I MAILING INSTRUCTIONS: Please send by USPS Certified- Mail, ReturnReceipt 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@southoldtownny_.gov or elizabeth.sakarellos@,tov,rn.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/DocumentCenterNiew/8779/FinalRo11202I-Amended IlVIPOR_TANT:INSTRUCTIONS: . Scan.-and emall'the;USPS -mailing receipts, green signature cards -and affidavits'to 'mf,sotiih6ldtownny,.Rov;and **PROMPTLY USPS'MAIL*. the.ORIGINALS.,fo .. uthold, . . - . _ . . _ .. the.Town-of So ZBA;P.Q. Box'117%.Southold; NY 11971. 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 for Zoning Board of Appeals Records �M7 U.T' ' Cuverumenl 'en�ces Visiting How Do L.. f SOCIAL t A, E 12MY: W Ytl A p"Al vz- RM -0 4%.-MI, 4111 -i" Above: Homepage, Click on Link "Town Records"'Weblink/Laserfiche Laserfiche WebUnk k!/W1hL;nk±H?1P ANIM S Sign out Home Browse Search TovvnOfSouthold TownOfSouthold Name Page count T_plateie 2 Entry Properties Ll Tmm Clerk Path ;3 Trustees Creation date —1 Zoning Board of Appeals(ZBA) 515,'2014 11:544t&M Pap 2 of 2 1 i 2 29 EnWes Last modified 111'VZ0178:0G:27AM It Metadata 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 Laserflche NJebLink 4 My wabuok I Help I�beut I SV,out Home Browse Search Towr QiSou-hold+Zoning Board of Appeals(ZBA) Zoning Board of Appea l5 Name page count Template name (ZBA) \ r'-Nphabehcal Index ' R Entry Properties \y` Baard Actions Pam Laserfiche Search Guides Te.�nOfS•?uthUdlZoning Bclr„ Meeting Schedules Of A poeals(ZBA) Mlnutes/Agendas&egal NodcesrHeanngs Creation date t,pending 7/10r(=12.17:16 PM tui:.Reports Last modified S'2312017:1;07.19 AM SpeUA Event Permits - ._Training Requlreme ZBA Of(loals ^. Metadata L�_ZBA PCIlde5 NO metadate ass:F ned Excepbans List Code 280.10[(3) 1 LZ lunsdiction Listing 1 otedere&Results 4 ZBA Book&Mapped 1977 Ex10rg Lots 189 :pmlhea1th/pap-smear+Uses2 Bulk Schedules 5 Agreements.Contras&Leases Page 1 of 1 1 a 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. )P_A Most Ysited a Getting Started.`p Southold,,NY-OffeiaNetZero-My NefZero... -'.'- Date Duration Calcula... �TownOfSouthold-La... [ Southold-Cor Laserfiche WebLink Home Browse Search TOwnOfS0uth01d>Zoning Board of Appeals(ZBA)>Board Actions>Pending !tea Pending Narne ---- --"-`- - _-"-"---`-- i'`'ce 9025 MAIN ROAD LLC,CARDINALE Entry Properties~ ['7 C&L REALTY-Withdrawn Path in JEMCAP SD 1 LLC �yL,ti ry erm. m � tj PECONIC RECYCLING TRUCK s'=",5+$.•.'re. '° -' v THE ENCLAVES Creation date #7370-Frend 1000-128-6-6 3/23% i • Laserfiche Instructions ZBA Files Page 3 Laserfiche WebLink _ o My weSunl,I Hew AM,t sg,Gut Home Browse Search TO—OtSOUthold>Zoning Scald OF Aupealc(ZEA;>Board Actions Board Actions Name Page count Template name F Entry Properties1957-1979 [_1980-1999 Path I-2000 "ovrlt),S::u,hd'rJ'.Za:tirg Bca[ti -. 0f Aopeal5;'3J;1Da,d AcdoRs ;`7 2001 Creation date 2002 .20-1 55 Phi -2003 Last modified .7004 V2,R.r?G 17 1135 07 AM 2005 R Metadata _ it 2006 NO tneleda:a as :e.l i;2007 „-2006 2009 2010 althr'PeP-;mea�RUse62, ti.2011 2012 C.2013 f5 lata 2015 2016 J 2017 n Pend!ng in.ueehh!ine.conirtalth/p6r:mea:PUs1 n, n� � Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". 10me Browse Sear[h T,;—OKMita5,l+Zr,Ing inPd aiFDt•de(IPsh eaerJ.::tlenl•2017 - 2017 name Pa4e[ort emPlate ntmt ' 6 P[OPerbe6 'j seas abs BaaN actions L 6973 73 a—a[Bons Path eq na 1;v,•.OM1:;�^.ia[7:p!r`R R;i�n acaM FCY ns ;1 FPG-.e.;t^lN.',ar t 700, 1Q5 6-111— S—d-- -,'led rarda 11— Boa•dAcnons—,'led p1'- 75 eoamA.— ._:S0i_-S`Al! ,,",-.o 116 surd ac ans S Metatlatd `5 01$ B7 BcartlMons 16 83 eoa•aFRFM ru•*e:,0413 r.-::»x p 7017 .0 eaardnmoaa 56 e—d=mans 0,9 58 BPaM i[:lons Boara Prnanz s0]� =9 Baala art,ans :u2 75 aaara arnans .�70_'3 335 9w'a:.n onz Y�13 � Bwrtl Ai[nni ' 8 7— ,1, eaa•aarnana a 7Pi6 '3 8cara 70.3 e3 BPartl aC[i0M -�X029 3 aca/d nR:Ons Above: See listed File Numbers. Click on file you are searching. Laserfiche Instructions ZBA Files Page 4 N4 ca.shel Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant.. LaserficheWebUnk "- cusiC1 G+fa M Home Browse Search a�ucmi o Search o sort resu s by: ReleVdnce Records htanay^.meet 64arch !A 7016 Fey name 300rd Actions-83 pages) Chnaee field I� Page count:83 Template name:Board Actions Reset Page j...;Colin and Kristen Cashel PROPERTY LOCATION:162 Lower Shingle Hill,Fisher... Page 4...192017 07016.Cashel SCTM No.1000-9-1-26 minimus approval to remo... Page 5...y 19,2017 97016.Cashel SCTM No.1 DOD-9.1.26 GRANT,the Yarlances as... Scarth rem,s Page 9...COLIN L KRISTEN CASHEL SECTION D09 BLOC... Page 20...Thomas Ahlgren(Cashell.PO Boz 342 Fishers Isand.NY... 5 Show more Information.., 7018 Board Actions-56 page(s) Page Count:56 Template name:Board Actions Page 48...9:30 A.M:COLIN CASHEL AND Variances under AMcle Id.5ection ANN... Page 43...ance(s)KRISTEN CASHEL+7016-Request proposed trellis III in other tha... Slow 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 NlebLink tdy•webLin)I Help I All—I SII Home Browse Search TowtlOf6outhcld>Zoning Board of A 0pea)S(ZBAI>Mlnutes7AgendaS/Legal NOticeslHearings Minutes/Agendas/Legal Name Page count Template name Notices/Hearings 1'1957-1979 R Entry Properties fn 1980-1998 _:2000.2009 Path TosmOfSoutllnM-Zon ng Board _1 2010 of""peals �1 2011 (Z.8Ai\klmute5 AgerldaSlzgal N,,t(ce91 leanrg� ,-;2072 Creation date 2013 71'0!20:11 2,5.2,4;PNI �",�2014 Last modified 2015 17ri62016 2:1114 R-1 ry 2016 Metadata 2017 NO rnetadate assigned Page I of I 11 Enu C.:.+"rt–.vNn..r.,.ru;inneie_�1�u•r�e�'e:l�ki n'.sii:0i.tie�•rv..q.a.w^.�. Above: Also, Minutes,Agendas, and Hearing Transcripts can be viewed. Laserfiche Instructions ZBA Files A4 Page 5 Laserfiche WebLink ta;Web4nk i Help .About Home Browse Search TOWnOfS0uftld I Zoning Board or Appeals fZBW I Mmxes/Agerdas/Legal Notices/Hearings 2017 2017 Name Page count Template name ^n Entry Properties .,`,ZBA-011052017 7 L1 ZBA-Dl/05/2017 Agenda 4 Path �,3 ZSA-01105/2017 Hearing 40 TownCr."SoUthoicnZoning Board 0f Appeals -]ZBA-01/05/2017 LN 3 (Z8A)\'44nuteVAgerdas/Legal ZBA-011192017 2 NoiiCzsh'earing5\2017 Creation date Li Z8A-01119/2017 Agenda r 12116/2U162'15:1S VrA ZBA.02/02/2017 7 Last modified ZBA-02/02/2017 Agenda 4 4119!1017 453:59 Pte - td ZBA-02/0212017 Heanng 45 A Metadata ZBA-02102/2017 LN 3 L;1 ZBA-02116/2017 Agenda 3 No metadata d551gned .y ZBA-02116/2017 Special 3 :educe&Results 'st`ZBA-03/022017 7 iMhealtNpap_smearaUses2 i ,�ZBA-03102/2017 Agenda 4 .j ZBA-0310212017 Heanng 65 -�ZBA-03/022017 LN 3 t ZBA-03/16/2017 Agenda 3 kJ ZBA-03/162017 Special 3 „j ZBA-04/062017 5 ZBA.04106/2017 Agenda 4 ,d ZBA-04106/2017 Hearing 45 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 NOTI (� t= Ur 'he following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBINAR - Follow link - httpm.//Southoldtownny.gov/calendar.aspx FAME NORTH FORK PROJECT LLC # 7688 � �CTM # : 1 000- 1 06-6-4m 1 VARIANCE: YARD SETBACK r-,EQUESTm0 LEGALIZE "AS QUILT" CONSTRUCTION OF A NEW GARAGE USED FOR STORAGE DATE THURS. , OCT. 61 2022 1 : 10 PM You may review the file(s) on the town's website under Town Records/Weblink: ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 Fuentes, Kim From: Nicole Evers <Nicole@strongsmarine.com> Sent: Thursday, September 8, 2022 10:32 AM To: Fuentes, Kim;Westermann, Donna Subject: Letter in Support-Use and Area Variance Applications of North Fork Project LLC Attachments: Letter of Support.pdf Good Morning Kim and Donna, Please find attached a letter of support for the ZBA regarding a use variance for our neighbor North Fork Project LLC (Anthony Martignetti.) If you could please pass this letter along, it would be greatly appreciated. Please let me know if you have any questions. Thank you, 4o a ,' RONGS SEP APPEALS ;w YEAS .7041QARi7OF FOUR OENERATIONS ON THE WATER Nicole Evers I Business Development Manager o.631.298.4739 c.631.807.6635 Mattituck Bay&Sound I Southampton I Port Washington I Freeport ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 " LETTER IN SUPPORT Town of Southold Zoning Board,of'Appeals PO Box 1179 Southold, NY 11971-0950- Attn: Kim Fuentes l kimf@,southo .111- dlownny-.948-1 Attn: Donna Westermann d.southoldt6wn Re: Use and Area Variance Applications of North Fork Project LLC j�ECEIVEU NV. Mill Road, Mattituck, NY 11952 SCTM,#1Q,00-406.-6-4.1 SEP 8 2022 -7TNI111G80Ap ,D OF4ppE'4,1 To the Members of the Zoning Board of Appeals- IS I am the principal of Strongs West Mill, LLC which owns the property directly south-of the Old Mill Inn on West Mill Road in Mattituck, I am aware that my neighbor,North Fork i. Project LLC has applied for a-use variance and an areavariance to legalize the existhig,frame storage garage next.to.the-Old Mill Inn. A garage structure has been in that location throughout our ownership of our property and for many years prior., the structure.has.no adverse impact on our operations .or on the surrounding properties. I have no object-ion to the granting of the requested-variances to allow the structure to remain in place. STRONOS WEST MILL, LLC z 13y: Jeffrey Strong, Managing Member r TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK AFFIDAVIT, OF . (V"O CI.�t ct In the Matter of the Application of: MAILINGS NORTH FORK PROJECT LLC - (Name of Applicant/Owner) 5775 WEST MILL ROAD, MATTITUCK SCIIVI No. 1000, 106.00-06.00-004.001 (Address of Property) (Section, Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, Agent MARTIN D. FINNEGAN, ESQ. with an at 13250 MAIN ROAD, MATTITUCK New York being duly sworn, deposes and says that: On the 20th 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(V�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°s b-r ty. /J Signature) Sworn to before me this SCNWEITZER ANNALIS 0th day of September , 2022 i,;�T4V PUBLIC-STATE OF NEW YORK NO.OISC6409457 ^I)AVIED IN SUFFOLK COUNTY (Notary ublic) V MISSION EXPIRES SEP 28.20 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. ' ` CERTIFIED MAILP RECEIPT U.S. Postal Service" ca r3 DomestiqMail Only ru ru 11 Return Receipt(electronic) $ co $ Adult Signature Required C3 $ C3 11 $ _171 C3 Certified Mail Restricted Delivery $ []Adult Signature Restricted belivety$ 1?01�? C-3 Adult Signature Required E:3 Po.rag E]Adult Signature Restricted Delivery$ ru ru r-1 nt.To 72 Louis Street 1600 Paradise Point Road --~~~-U.S. Postal ServW Staten Island, NY 10304 / � NY 11971-CERTIFIED MAIL@ RECEIPT ' U.S. Postal Service"' ' r3 Domestic mail only CO Co El Return Receipt(hardoopy) $ in C-3 Go 0 Ad,;�l:�.gn tu.re Required . $1 Here c3 13Adultsto is Re,, Postmark ru Total Postage and Fee &2A rru ru r-I Sent To tT0 C3 1095 WestView Drive !0 — trongs West Mill LLC PO Bdx' 1409 . Road willmjm�. �, . ,__Mattituck. NY 11952 / / Mattituck, NY 11952 / ' 1 ' � � / / s MAILING LIST ZONING BOARD OF APPEALS VARIANCE APPLICATION & PUBLIC HEARING NORTH FORK PROJECT LLC#7687 Ḉ 5775 MILL ROAD,MATTITUCK,NY 11952 SCTM 1000-106.00-06.00-004.001 106.-6-3- 5775 Mill Road N/A-Applicant-Owned 114.-2-1.2 N/A- Town of Southold Waterway 106.-6-13.4 8v 106.-6-10 - 3430 Mill Road Strongs West Mill LLC 5780 West Mill Road Mattituck, NY 11952 106.-6-5 - 5102 Mill Road Re Strong 1095 Westview Drive PO Box 1409 Mattituck, NY 11952 106.-6-2 - 5675 Mill Road JC Miller Grantor Trust 1600 Paradise Point Road Southold, NY 11971 106.-6-1 - 5505 Mill Road AWC Dockside LLC 72 Louis Street Staten Island, NY 10304 4 TOWN OF SOUTHOLD ' SOUTHOLD, NAPPEALS V YORK z AFFIDAVITI OF tc'e � In the Nlatter of the Application of- POSTING NORTH FORK PROJECT LLC (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK MARTIN D. FINNEGAN, ESQ. With an office 1, —;A;.,g at 13250 MAIN ROAD, MATTITUCK New York, being duly sworn, depose and say that: I am the ( ) Owner or (V) Agent for owner of the subject property On the—Z—$ day of SEPTEMBER , 2022, I personally placed the Town'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 heating of - -OBER 62022 (Own z iature) 2� Da Sworn to before me this y of SEPTEMBER ' 2022 (lotary Public) SCHWEITZER ANNALISE E-CA., RY PUBLIC-STATE OF NEW YORK NO.01SC6409457 ALIFIED IN SUFFOLK COUNTY a� MMISSION EXPIRES SEP 28,20 0 • SECTION. • • • ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse 0 Agent so that we can return the card to you. ❑Addressee B. Receive Id ■ Attach this card to the back of the mailpiece, b inted Nae) C. Date of tf1�livery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes ---- ~- --` " --- - -- If YES,enter delivery address below: 0 No ,:iC Miller Grantor Trust "1600 Paradise Point. Road ; Southold, NFY 11971 3. Service Type ❑Priority Mail Express@ II I IIIIII IIII IIIIII I IIII I I III IIII IIIIII I I I I III ❑Adult Signature ❑Registered MailTM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted O<Certified Mail@ Delivery 9590 9402 7451 2055 9521 71 ❑Certified Mail Restricted Delivery 11Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation ❑Collect on Delivery Restricted Delivery Restricted Delivery _ 2. Article-Number(Transfer from service-label)__ ___-_ — ----ured Mail 7021 2720 0001 4525 2077 !ured Mail Restricted Delivery ler$500) P,S Form 381 11i,duly 2020 PSN 7530,-02000-90i53i_ Domestic Return Receipt , i —— SENDER- COMPLETE ■ Complete items 1,2,and 3. A gn r ■ Print your name and address on the reverseX ❑Agent so that we can return the card to you. 11 Addressee ■ Attach this card to the back of the mailpiece, B. ceived y(Pri a ame) ;" C. Delivery or on the front if space permits. 1. Article--- Addressed to: delivery a dress erent fro item 1? 0 Yes Re StrongIf YES,enter delivery address below: [3No 1095Westview Drive t10 Box 1409 Mattituck, NY_11952 —I 3.II Service Type 11Priority Mail Express@ I IIIIII IIII III I II IIIII I I III IIII II I I I II I I I III 13Adult Signature ❑Registered MaiITM ❑Adult Signature Restricted Delivery 11 Registered Mail Restricted 9590 9402 7451 2055 9521 88 Certified Mail@ Signatu ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM 1:1 Collect on Delivery 11 Signature Confirmation —2._Article-Number(7ransfer from service label) ___ ❑Collect on Delivery Restricted Delivery Restricted Delivery 7021 2720 0001 4525 2060 sured Mail �sured Mail Restricted Delivery Ver$500) Ps Form 3811,duly 2020 PSN 7530-02-000r 9053, Domestic Return Receipt f — SENDER; COMPLETE SECTION • MPLETE TH-IS . ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse 0 Agent so that we can return the card to you. X 11 Addressee ■ Attach this card to the back of the mailpiece, B. eceived by(Printed Name) C. Date of dyes or on the front if space permits. 1. Article Addressed to: _ �y--— ---. — D. Is delivery address different from item 17 0 Yes If YES,enter delivery address below: ❑No Strt rigs �V�/Test Mill LLC 5750 West Mill Road Mattituck, NY 11952 3. Service Type El Priority Mail Express@ IIIIIIIII IIII III1111111111 III IIII IIIIII III I III ❑AAdult dult Signnature ature Restricted Delivery El❑Registeredgd MaiITM Ad-It j�Certified Mail@ Mail Restricted elivery 9590 9402 7451 2055 9521 95 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2._Article Number(Transfer from service label) _ ❑Collect on Delivery Restricted Delivery Restricted Delivery 7021 2720 0 Insured Mail 0 0 0 7 9 21 8 8 6 6 r,Ilnsured Mail Restricted Delivery (over$500) PS,Form 38 j 1 i Odly 2020.PSN`7530-:02-000 9053 . --- 1 _ Domestic Return Receipt i l FINNEGAN LAW, P.C. 13250 MAIN ROAD P.O. BOX 1452 MATTITUCK,NEW YORK 11952 (631) 315-6070 MARTIN D. FINNEGAN, ESQ. MFINNEGAN@NORTHFORK.LAW Via USPS Regular Mail Al September 28, 2022 Town of Southold Zoning PP Board of Appeals Attn: Kim Fuentes Post Office Box 1179 Southold, NY 11971 Re: Use Variance #7687 and Area Variance #7688 Owner: North Fork Project LLC Premises: 5775 W. Mill Road, Mattituck, NY 11952 SCTM #: 1000-106.00-06.00-004.001 Dear Kim: With respect to the above-referenced area variance, enclosed please find all four (4) certified mail return receipts for filing with your office. Also enclosed are the two (2) original Affidavits of Posting for the use and area variances. If you have any questions regarding the enclosed, please feel free to contact me. Thank you for your attention to this matter. =. 1nnegan MDF/as Encl. CCCMTE fHIS SECTION ON DELIVERY7": COMPLETE THIS SECTION A. Signature � � ~ Print your nameand address_the—reverse so that we can return the card to you. B. Received by(Printed Narne) C. Date of Delivery 0 Attach this card to.the back of the mallpiece, or on the front if space permits. D. Is delivery address different from item 1? El Yes 1. Article Addressed to: 7-- ES,enter delivery address below: 0 No Ify 1 Staten Island, NY 10304 3. Service Type El Priority Mail Express@ Delivery NNNN�|��NNKNUNNNN��N�|UKNUNNN11 Adult Signature Restricted Delivery 0 Registered Mail Restricted F-I Certified Mail Restricted Delivery 0 Signature ConfirmatlonTm 9590 9402 7451 2055 9521 64 D Collect on Delivery 0 Signature Confirmation — El Collect on Delivery Restricted Delivery Restricted Delivery 2. — --IZWuimber(rransfer from service label) Insured Mail d Delivery Insured Mail Restricts '7021 2720 0001 4525 2084 (over$500) '881 1,ljU3I§'�b2bIPSN�630- Domestic Return Receipt ' ' . � � ` ' � � BOARD MEMBERS ®� so Southold Town Hall Leslie Kanes Weisman,Chairperson 53095�°®�® 53095 Main Road • P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. � ® a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��C®UKON Southold,NY 11971 http://southoldtownny.gov ZONINGTOWN OF OUTHOLD Ls RECEIVED Tel.(631) 765-1809•Fax(631)765-9064 JUN 17 2022-2- MEMO 022MEMO Southo own 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 #: 7687 SIffoag Hearinq 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. I , BOARD MEMBERS 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 ,n Town Annex/First Floor, Robert Lehnert,Jr. ® �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��c®U Southold,NY 11971 1 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED Tel.(631)765-1809•Fax (631) 765-9064 June 16, 2022 JUN1 6 2022 Sout old 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. #7687 &&4UMPNorth 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 Chairper6didkl sson By: Encl. Survey/Site plan: Nathan Taft Corwin III, Land Surveyor dated June 2, 2021 BOARD MEMBERS ) outhold Town Hall Leslie Kanes Weisman,Chairperson ®� '� SQ��®� 53095 Main Road •P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acampora � Office Location: Eric Dantes �, a� Town Annex/First Floor, Robert LehnertJr. ® y® 54375 Main Road (at Youngs Avenue) Nicholas Planamentoc®u Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS fA June 16, 2022 TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax (631)765-9064 tti, Ms. Sarah Lansdale, Director (0 l "I 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 #: 7687 7 :.8 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: Encls. Site Plan/Survey: Nathan. Taft Corwin III, Land Surveyor dated June 2, 2021 BOARD MEMBERS ®cyU�F®[�� Town Hall Annex Leslie Kanes Weisman, Chairperson 53095 Route 25,Main Road Patricia Acampora =� �2k- P.O. Box 1179 Eric Dantes 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. Since ly, Kim E. Fuentes Board Assistant Encl. cc: Building Department • 22 SEE SEC NO.099 f.1 AA(c)ar MATCHSEE SEC.NO.099 LINE! MATCH .1 LINE N Ito 482 0�9-N.023 R_L NO SE.11. 4. - --------- P, - ------ ---- --- TOWN OF 3 RD 19.9A(.) -VA, 5t; c) e. 3 4 7 5 6 zs (12) R(W(2o-) 2B-'l S, IA 13.7 h.) 4.17 l 1,OA 13.4 32 2-3 uj 25.9A(c) 20.1 3.OA c) (P) 4.9 t;l 383 34 lu(------ - - 4 4. T 232., r___2�� a-, C; X; 25 011 " I, 1�.c2kcj i6t z z N z 27.1 jk w re.w u127.2 ia 0 _,Z 28.4 28.1 29 N i, m 20.3 IS 30 25AAIs o) TOWN OF SOUTHOLD -�,;0 32 31 2 35 37 33 34 20.4 Y_ 4.6 24i i 4.8 � 17 % SELAH 2-1_A1(8c) ---- ----- Vv, 61 1 �piX, 5i-------------- "P 20 2.iA(G) ro. 1.3A(c) 19. ,1, 1.4A(-) Z 24 '24.1 :1,p r, 23 .0A(cj q 2.OA(.) 24.2 11, a" bb, a, 'IN 1010 LP If (> E im DSTRICT NO. 1000 =SECTION NO, Y lCoo. M 1017' TOWN OF SOUTHOLD A P 06 III lw VILLAGE OF Ips q/ WAlecr ua