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HomeMy WebLinkAbout1000-50.-2-19 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 ® �� Telephone: 631 765-1938 ®��C4UI11T`�,�� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, AICP Assistant Town Planning Director LWRP Coordinator Date August 30, 2022 Re: LWRP Coastal Consistency Review for ZBA 16125 SOUNDVIEW REALTY, LLC. #7670 SCTM#1000-50-2-19. 16125 SOUNDVIEW REALTY, LLC. #7670 -Request for a Variance from Article XXII, Section 280-116A(1)and Building Inspector's April 13, 2022 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool at; 1) less than the code required 100 feet from the top of the bluff; located at 16125 Soundview Avenue, (Adj. to the Long Island Sound) Southold,NY. SCTM No. 1000-50-2-19. 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, the proposal is recommended as CONSISTENT with the LWRP provided the following is considered: 1. Require the removal and upgrade of the septic tank and cesspool to further Policies 5 and 6. 2. Spin and move the pool to align with the single-family structure, increasing the setback from the top of the bluff to further policies 4 and 6. Pursuant to Chapter 268, the Southold,Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: John Burke, Acting Town Attorney BOARD MEMBERS OF soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� yo 53095 Main Road• P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. O • yOQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento y100 Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVE® Tel.(631) 765-1809 •Fax (631)765-9064AI PR 19: 2022 April 19, 2022 Sout old Town Planning Board Mark Terry, Assistant Town Planning Director LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref.No. #7670 16125 Soundview Realty, LLC Dear Mark: We have received an application to construct an accessory in-ground swimming pool. 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 Chairpersons 1 By: Encl. Survey/Site plan: Peconic Surveyors, P.C. dated July 27, 2021 FINNEGAN LAS/, P.C. 13250 MAIN ROAD P.O. BOX 1452 LD NIATT11-l1CK, NEW YORK 11952 (631)315-6070 MAKTIN D. FINNEGAN, ESQ. MFINNEGAN@NOKTHFORK-LEGAL.COM By Hand April 15, 2022 Ms. Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Re: Area Variance Application of 16125 Soundview Realty LLC Premises: 16125 Soundview Avenue, Southold, NY 11971 SCTM # 1000-050.00-02.00-019.000 Dear Chairperson Weisman and Members of the Board: With respect to the above-referenced application, enclosed please find a check made payable to the Town of Southold in the amount of$500.00 representing the required filing fee and an original and nine (9) copies of the following documents for your review: 1) Notice of Disapproval dated November 30th, 2021 and renewed April 13th, 2022. 2) Area Variance Application with attachment of explanation. 3) Applicant's Project Description and Questionnaire Form. 4) Agricultural Data Statement. 5) Short Environmental Assessment Form. 6) Local Waterfront Revitalization Program (LWRP) Consistency Assessment Form. 7) .Owner's Authorization. 8) Owner's Applicant Transactional Disclosure Form. 9) Applicant Transactional Disclosure Form signed by Martin D. Finnegan, as Agent. 10) Color photographs of the subject premises. 11) Certificate of'Occupancy. 12) Trustee's Permit No. 4494. 13) Assessor's Property Record Card. 14) Current Deed. 15) Written Consent and Operating Agreement for 16125 Soundview Realty LLC. 16) Nine (9) survey prints showing proposed pool. 17) Nine (9) pool plans. Kindly advise if you require any further documentation to place this matter on your next available agenda for a public hearing. Thank you for your consideration. Very truly Ys Mar ' innegan MDF/as Encl. ' ^a r. 'FINNEGAN LAW;`P':C. ' ` b -PO BOX 1452' - MATTITUCKj NY 11952 Al , _ 1-2/210:' LATE I`7 �� ;PAY TO-THE. .. �Jr DOLLARS " CHASE.��1: iWorgan Chase'Bank.N A' r; ' tnvw.Chase.com. OFi �t %O t>rV, to 6w,',. " {{� ii■.0 0 L.0 8 O:II' �': 2 i�;0 0 0;0 2 L��: `7 ? L 3 6 2:6 8 5 u■ � _ r,,_ It,�,.��y.y�;��.L'*�v::.�'p'--sem."?is w�- r�-�<=..�--'�e��u.«.-.� -„+w,- v�-:.�-- -*--«ss •=c�:- -6•y-,t`:s.. �--.:rM-v—� .z�» '� � -�� FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: November 30,2021 RENEWED: April 13,2022 TO: Martin Finnegan(16125 Soundview Realty LLC) PO Box 1452 Mattituck,NY 11952 Please.take notice that your application dated November 12, 2021: For permit to: construct accessory in-ground swimming_pool at: Location of property: 16125 Soundview Avenue, Southold,NY County Tax Map No. 1000—Section 50 Block 2 Lot 19 Is returned herewith and disapproved on the following grounds: The proposed construction,on this nonconforming 55,136 sq. ft. parcel in the Residential R-80, is not permitted pursuant to Article=I Section 280-116A(1) which states,• "All buildings or structures located on lots upon which there exists a bluff landward of the' shore or beach shall be set back not fewer than 100 feet from the top of such bluff" The survey shows the swimming pool located 59.3 feet from top of bluff. Authorizedignature 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:S Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No.16125 Street SOUNDVIEW AVENUE Hamlet SOUTHOLD SCTM 1000 Section 050.00 Block 02.00 Lot(s)019.000 Lot Size 55,136SF Zone R-80 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 11/30/2021 BASED ON SURVEY/SITE PLAN DATED 01105/2021,LAST AMENDED 07/27/2021 Owner(s):16125 SOUNDVIEW REALTY LLC Mailing Address:50-52 49TH STREET,WOODSIDE,NY 11377 Telephone: Fax: -Email: NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative:MARTIN D.FINNEGAN,ESQ. for(dj Owner( )Other: Address:PO BOX 1452,13250 MAIN ROAD,MATTITUCK,NY 11952 Telephone:631-315070 Fax: Email:MFINNEGAN@NORTHFORK-LEGAL.COM Please check to specify who you wish correspondence to be mailed to,from She above.names: ( )Applicant/Owner(s), (y j Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 07/27/2021 and DENIED AN APPLICATION DATED 11/12/2021 FOR: (%j Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article:XXII Section:280 Subsection:116A(1) Type of Appeal. An Appeal is made for: (v j A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( )has, (%4 has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). .(Please be sure to research before completing this question or call our officefor assistance) Name of Owner: ZBA File# t , 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. 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. 3.The amount of relief requested is not substantial because: SEE ATTACHED. 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. 5.Has the alleged difficulty been self-created? {VI Yes,or{}No .Why: SEE ATTACHED. Are there any Covenants or Restrictions concerning this land? {v f No {}Yes(please furnish a copy) This is the MNEv UM that is necessary and adequate,and at the same time erve and protect the character of the neighborhood and the health,safety and welfare of the communi Signature of Applicant o uthorizedAgent A (Agent must submit written Authorization from Owner) Swam to before me this day of APRL .20 za A. 1 tary Public SCHWEITZER ANNALISE NOTARY PUBLIC-STATE OF NEW YORK NO.01SCtC09157 . QINILFO MI SUFFOLI(CMIN MY COMMUM EXPIRES SEP 20,20 7 ATTACHMENT TO AREA VARIANCE APPLICATION OF 16125 SOUNDVIEW REALTY LLC REASONS FOR APPEAL: By way of this appeal of the Building Inspecto'r's Notice of Disapproval of their building permit application dated November 30, 2021, the Applicant, 16125 Soundview Realty LLC and the Grzic Family are seeking a variance from the 100 foot bluff setback requirement set forth in §280-116(A)(1) of Town Code, to construct a 20' x 40' swimming pool nearly 60-feet from the Top of Bluff. The proposed location of the pool was necessitated by the existing sanitary system that lies 22-feet to the west and is the most conforming location in the rear yard. For the following reasons, the Applicant submits that a Variance from Section 280-116(A)(1) is warranted: I. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The subject property is comprised of approximately 1.27 acres in the R-80 zoning district adjacent to the Long Island Sound. The property is improved with a two-story single-family home with attached garage that lies 110.6 feet from the top of the bluff. The surrounding residential neighborhood is characterized by waterfront homes of varying sizes with accessory structures, including Sound front pools, many of which lie less than 100-feet from the top of bluff. To minimize any potential impact to the integrity of the bluff and comply with required setbacks to the sanitary system in the rear yard, the pool is to be located as close as possible to the house in an area currently improved with a brick wall and patio. The property is significantly screened on both side property lines and the location of the pool is well away from the neighbors pool to the west and the residence to the east which lies substantially closer to the top of bluff. As such, the proposed pool will be consistent with the character of the neighborhood and will pose no detriment to nearby properties. 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: Due to the location of the existing single-family residence, there is no way for the Applicant to achieve the benefit of a swimming pool without variance relief from the bluff setback. The house is positioned 110feet from the top of bluff and the sanitary system precludes a horizontal configuration of the pool. 3. The amount of requested relief is not substantial because: The Applicant submits that while the required bluff setback may be mathematically substantial at nearly 40%, it is not practically substantial since the pool is located in the most conforming location on the property in light of the constraints of the location of the existing house and sanitary system. 4. The variance will NOT have an adverse impact on the physical or environmental conditions in the neighborhood or district because: As stated previously, the proposed swimming pool will be positioned as close to the house as possible and be out of view of neighboring homes and pools due to mature, plantings on the Applicant's side property lines. The improvements will be essentially invisible to the surrounding neighborhood. As a Type II action under SEQRA, there is no perceivable environmental impact from the proposed construction. The Town Trustees inspected the property in a pre- submission conference for the Wetlands Permit and did not indicate that the proposed pool would pose any threat to the integrity of the bluff. 5. Has the alleged difficulty been self-created? To the extent that the the difficulty is self-created, pursuant to New York" Town Law §267-b (3), a self-created hardship shall not necessarily preclude the granting of an area variance." APPLICANT'S PROJECT DESCRIPTION APPLICANT• 16125 SOUNDVIEW.REALTY LLC DATE PREPARED:04/1WOM. 1.For Demolition of Eatsting Building Areas Please describe areas being removed.NIA H.New Construction Areas(New Dwelling or New AdditiondExtensions): N/A 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 fust floor. III.Proposed Construction Description(Alterations or Structural Changes)N/A (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage ofbuildings on yourproperty: NIA Proposed increase of building coverage: NIA Square footage of your lot: 55.1368F Percentage of coverage of your lot by building area: NIA V.Purpose of New Construction: CONSTRUCTION OF 2"41r INGROUND SWIMMING POOL 59.3-FEET FROM TOP OF BLUFF. VL 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): FLAT Please submit 8 sets of photos,labeled to show different angles of yard areas after staldng corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes x No B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses?YES 2.)Are those areas shown on the survey submitted with this application?YES 3.)Is the property bulk headed between the wetlands area and the upland building area?NO 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. H. Do you or any co-owner also own other land adjoining or close to this parcel?NO If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel SINGLE-FAMILY RESIDENCE and the proposed use SAME WITH INGROUND SWIMMING POOL . (ex: existing single family,proposed: same with garage,pool or other) "/ 3/2022 Authorized signature and Date i AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD USE THIS FORM: This form must be completed by the applicant for any special use permitt,site plan approval,use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant:16125 SOUNDVIEW REALTY LLC 2. Address of Applicant:50-52 49TH STREET,WOODSIDE,NY 11377 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project:INSTALLATION OF INGROUND SWIMMING POOL 59.3-FEET FROM TOP OF BLUFF 6. Location of Property: (road and Tax map number) 16125 SOUNDVIEW AVENUE,SOUTHOLD, NY 11971 -SCTM 1000-050.00-02.00-019.000 7. Is the parcel within 500 feet of a fano operation? (vf Yes { )No 8. Is this parcel actively farmed? { ) Yes M 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. 1000,50.-5-1 (2000 Lighthouse Road,Southold)- George H.Lind,1290 Soundview Ave Ext.,Southold,NY 11971 2. 3. 4. 5. 6. (Please use the back of ' re are additional property owners) 04 /18 /2022 Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is.submitted for review. 617 20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. if additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: t 16125 SOUNDVIEW REALTY LLC POOL SETBACK VARIANCE Project Location(describe,and attach.a location map): 16125 SOUNDVIEW AVENUE, SOUTHOLD, NY 11971 f i Brief Description of Proposed Action: CONSTRUCTION OF 20'X40' INGROUND SWIMMING POOL 59.3-FEET FROM TOP OF BLUFF, % 22-FEET FROM EXISTING SANITARY SYSTEM. r' Name of Applicant or Sponsor: Telephone: 631-315-6070 MARTIN D. FINNEGAN, ESQ. E-Mail: MFINNEGANQNORTHFORK-LEGAL.COM Address: 13250 MAIN ROAD, PO BOX 1452 City/PO: State: Zip Code: MATTITUCK INY 111952 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. X 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X 3.a.Total acreage of the site of the proposed action? 1.2657 acres b.Total acreage to be physically disturbed? 1,000sF acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 1.2657 acres 4. Check all land uses that occur on,adjoining and near the proposed action. o Urban ❑Rural(non-agriculture) o Industrial o Commercial VResidential(suburban) E3 Forest 1.7 Agriculture o Aquatic o Other(specify): E3 Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO .YES landscape? I X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 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 If No,describe method for providing wastewater treatment: X 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. �Wetlandtify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: horeline ❑Forest ❑/lgriculturallgrasslands ❑Early mid-successional ❑Urban 19 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 11.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? V(NO❑YES X b.Will storm water discharges be directed to established conveyance systems(run ff and storm drains)? If Yes,briefly describe: 5FN0❑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.• 19.Has the.site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? X If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? g If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY XNOWLEDG Applicaa ponsorname: . INNEGAN, ESQ. Date: 04/93/2022 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large Impact impact may may occur occur 1. Will the proposed action create a material'conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? S. Will the proposed action result in an adverse change in the existing level of traffic or affect existing in&astruchue for mass transit,b&ing or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available eneW conservation or renewable energy opportunities? ?. Will the proposed action impact existing: a public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts.. C3 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 o Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. . All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse erects 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# 050.00 _02.00 _019.000 The Application has been submitted to(check appropriate response): Town Board 13 Planning Dept. 0 Building Dept. © Board of Trustees 0 ZONING 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: BLUFF SETBACK VARIANCE FOR ACCESSORY INGROUND SWIMMING POOL. Location of action:16125 SOUNDVIEW AVENUE,SOUTHOLD,NY 11971 Site acreage:1.2657 Present land use:RESIDENTIAL Present zoning classification:R-so 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:16125 SOUNDVIEW REALTY LLC (b) Mailing address:C/O PO Box 1452 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 EXEMPT 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 0 Yes 0 No ® Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section HI—Policies Pages 6 through 7 for evaluation criteria Q Yes Q No ® Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria © Yes El 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 Al —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 Q No® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III–Policies; Pages 34 through 38 for evaluation criteria. 0 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. 0 YeE—Jnn 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 2 Not Applicable r Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. 0 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 HI—Policies; Pages 65 through 68 for evaluation criteria. 0 Yes ❑ No ® Not Applicable Created on 5/25/0511:20 AM Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) Steven Grzic and Christine Persico, With an addres's 1, Members of 16125 Soundview Realty LLC [ "g, at 50-52 49th Street, Woodside, (Print property owner's name) (Mailing Address) New York, 11377 do hereby authorize Martin D. Finnegan, Esq., (Agent) to apply for variances) on my behalf from the. Southold Zoning Board of Appeals. 1612 SOUND VIE W REALTY LLC By: Steven rzic, as Trustee of the Grzic Family 2018 Irrevocable Trust f/b/o Steven Grzic. Member, and as Trustee of the Grzic Family 2018 Irrevocable Trust f/b/o Christine Persico, Member B'y'-: Christine Persico, as Trustee of the Grzic Family 2018 Irrevocable Trust f/b/o Steven Grzic, Member, and as Trustee of the Grzic Family 2018 Irrevocable Trust f/b/o-Christine Persico, Member ' APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORINT The Town of Southold's Code,of Ethics prohibits conflicts of interest on the part of town officers and emplovees.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 .• STEVEN GRZIC AND CHRISTINE PERSICO (Last name,first name,middle,initial,unless you are.applying in the name of someone else or other entity,such as a company.if so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of.Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the low-d officer or employee ltas 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 a%of the shares of the corporate stock of the applicant(when the applicant is a corporation) 13)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 RELATIONSIIII' Submitted thi dayofSEPTEMBERS2021 r` Signature _ Print Name STEVEN GRZIC CHRISTINE PERSICO • AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits couNets of interest on the nart of town officers and emolovees.The nuroose of this form is to provide information which can alert the town of possible conflicts of 1pterest and allow it to take whatever action b necessary to avoid same. YOUR NAME• MARTIN D.FINNEGAN,ESQ. •(Lad name,first name,middle initial,unless you are appWm In the name of someone else or other entity,such as a company.Use,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Ta:grievance Building Permit Variance x Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,In which the town officer or employee has even a partial ownership of(or employment by)a corporation In which the town officer or employee owns more than 5%of the shares. YES NO 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. IMe town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that S%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 b not a corporation) C)an officer,director,partner,or employee of the applicant;or. D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this "l� dayofAPRIL .202 Signature Print Name MARTIN D.FINNEGAN,ESQ. 3pAiia+.0 r �hk�A;y�+�x���- �&' � � .'vvi b• �j �i fG a y 1 � r ap �� 1 JW il 0 e. ` N 1 C � W kN.Yr � R 5 .!� - p Y 0 r �'d�d,,r �•�'.�r r�,�-y�y�r'.,i- ; r�t�.df'� ..tit Y'k ���# ^�c�`�3� � �»s +. *� �„` � +k �� ..� �e+e r � xwY"'w�-$1'�`�• :�s A 4i sx #i,�a���*kh' �,H� a �.. }h.' � r� �� �""� �� �s� e r. '�'�t f� •tea, �.� v �' � _ Key=Sy �` "(r �•tT'P,:-i�e`+ x y at ;'*� 1�.e r�$ Eby .�,* *ti ar ry�pt,�` � X11►., v tii 1 �� ( l• i t. ,•t �1 w k .',- � :mac �'�: �' ly o�:f l .•� �'''.��4x .:� �` "�,c �.,4{.}'�' . _ `•x< �.,.�w."=+ate * - - Or- 4t"". ►� r• Y R PON 1 . T.; r �'4+ •tee;; • „ ��.,y,'� �.,, a. �.1:� `U -.,.,•- •.� (#rte a,,,t 41' 1041, .�, ►r�.,' �',*p, ' � ���'�1.� '� Ja„"1�r3t 1�1�•,Rt�h° r f. �P'i tt T.y4 �} �►. ��:-� a "ICY S 1t��►1 ,���N .5� FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCOPANCY No Z-25330 Date NOVEMBER 10, 1997 THIS CERTIFIES that the building FSM DWELLING Location of Property, 16125 SOUNDVIEW AVENUE SOUTHOLD, P.X. House No. Street Hamlet County Tax Map•No. 1000 Section 50 Block 2 Lot 19 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SRPTSMBER 21, 1995 pursuant to which Building Permit No. 23053-Z dated OCTOBER 11, 1995 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 ONS FAMILY DWELLING WITH ATTACHED TWO CAR GARAGE AS APPLIED FOR. The certificate is issued to BORIS & CLAUDIA GRZIC (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-95-0079-QCT. 23, 1997 UNDERWRITERS CERTIFICATE NO.-N-411239 - FEBRUARY 14, 1997 PLUMBERS CERTIFICATION DATED MARCS 8, 1997 PECONIC PLUMBING & BEATING BuildLA6 Inspecto Rev. 1/81 Board - Of Southold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. ' ... DATE: ...July.:28,....x:995 ` ISSUEDTO .................Boris...Grz;c...........................................................................-....... Pursuant to to the provisions of Chapter 615 of the Laws of r:_Y the State of New York, 1893; and Chapter 404 of the Laws of the ' State of 'New .York 1952; and the Southold Town Ordinance en- titled "REGULATING. AND THE'PLACING OF OBSTRUCTIONS ° IN .AND ON TOWN WATERS. AND PUBLIC' LANDS •and the REMOVAL OF SAND,. GRAVEL OR OTHER MATERIALS FROM' �. LANDS-UNDER TOWN WATERS;" and in accordance with the -Resolution of The'Board adopted at a meeting held on .Jul y....27..... " r 19...9.5...., and in consideration of the sum of $:.....150.:00 aid b A' •.....•,•��-�onrnitants on behalf of Boris Grzic. ................I..........I........ ' Y d subject t N s bio t he Terms and Conditions listed on the reverse side hereof, , of Southold Town:Trustees authorises and permits the following: to construct 4' wide stairs from top of bluff down to beach ' ending up no more than 8' from toe of bluff with a series of platforms. Located- Soundview Ave., Southold. . all in accordance with the detailed specifications as presented in the originating application. f IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate.Seal to be affixed, and these presents.to be subscribed by a majority of the said Board as of this date. �c�U�F .:.. D(�C ..........._ i ....... .� .... �.... .... . .. . . a............ . s r� ® ! �•�O�' 1' •.-�.f � 1�,,.w............ t c �, lets r I TOWN' OF SOUTHOLD PROPEILTY -RE STREET . .� r; VILLAGE DIST. SUB. LOT FORMER OWNER N E G��;'F'✓ C. Il�':lrr!/ S W TYPE OF BUILDING RES. y 10 SEAS. VL. FARM COMM. C.B. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 3gerd ,�.6fi0 ` w - , I (? I " s ;• r r,r r Lr> is Z 1 . •C-. 174_ ie' .255. , ` 1- _ t ~! L 1 i • � s v2. Tillable FRONTAGE ON WATER 1.2 3 Woodland FRONTAGE ON ROAD /a e Meadowland DEPTH •'f' Gao House Plot BULKHEAD Total �`�`�'�\' i L.•a+a. ..iii^+!v � _ �'s+��i +�ry .�� ^"'.'�, i I ny C1 l COLOR , �. c_ % TRIM -�,C.0 4 •:. l�_- vim. I ._'a I .4I I I } I 2A 14 y ta c'Z 7 9Extemian 1 i I x 7+ Extension i.� Foundation �{ t�c;:(. c Ba4h Z'I p- t Dinette I L:x-a t,.`x..c-r0.•— J � 1 ,• } 1 Porch G I c Basement ;u�� -,� Floors f=E;s.:` K, PRorch Ext. Wafts v. , ;;air . Interior.Finish LR. Breezeway Fire Place �f _ Heat � ,=l €_:.i;, DR. Cbra�gmG �;g, n t�/ Type Roof Rooms 1st Floor BR. . -t4�l�i r A6 ! f i rY Patio Recreation Room Rooms 2nd Floors Dormer Driveway L • , _.. ;fix' c,�-..E.E.{_:��..r { 11111111 IIII IIIII 11111 11111 IIIII IIIII IIIII Illll 1111 Illi 111111 Illll III[I Illl IIS . SUFFOLK COUNTY CLERIC RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 6/28/2021 Number of Pages: 4 At: 8:48:54 PM Receipt Number: 21-0119403 *ELECTRONICALLY RECORDED* Transfer Tax Number: 20-37082 LIBER: D00013110 PAGE: 440 District: Section: Block: - Lot: 1000 050.00 02.00 019.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount $1,650,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO Notation $0.00 NO Cert.Copies $0.00 NOI RPT $200.00 NO Mansion Tax $16,500.00 NO EA-CTY $5.00 NO EA-STATE � $125.00 NO TP-584 $5.00 NO Comm.Pres $30,000.00 NO Transfer Tax $6,600.00 NO Transfer Tax Number: 20-37082 Fees Paid $53,495.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County RECORDED Number of pages 4 6/28/2021 6:46:54 PM JUDITH A. PASCALE CLERK OF This document will be public SUFFOLK COUNTY record. Please remove all L D00013110 Social Security Numbers P 440 prior to recording. 20-37082 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Rewrding/Filing Stamps 31 FEES Page/Filing Fee 20.00 Mortgage Amt. 1. Basic Tax — Handling 20. 00 2. Additional Tax _ TP-584 5.00 Sub Total — Notation •0.00 SpecJAssit. — or EA-5217(County) 5.00 Sub Total 50.00 Spec./Add. — EA-5217(State) 125.00 TOT.MTG.TAX — R.PT.S.A. 200.00 Dual Town Dual County— Held ountyHeld for Appointment Comm.of Ed. 5. OD Transfer Tax 6,600.00 Mansion Tax 16,500.00 Affidavit — The property covered by this mortgage is Certri"iad Copy 0.00 or will be improved by a one or two NYS Surcharge 15. 00 345.00 family dwelling only. Sub Total YESor NO Other 395.00 - Grand Total If NO,see appropriate tax clause on page# of this instrument. 4 1 Dist. Section I Block I Lot 5 1 Community Preservation Fund 21031461 100"60.00-02.0"19.000 Real Property Consideration Amount$1,650,000.00 Tax Service P T S Agency 661412021 CPF Tax Due $ 30,000.00 Verification Satisfactions!Discharges/Releases List Pwperty Owners Mailing Address Improved $ 6 RECORD&RETURN TO: Vacant Land Banchmrk Title Age 171) 10 222 a Rt3 Mute Plains HY 10605 TD TD Mail to:Judith A. Pascale, Suffolk County Clerk PTMftfllej# e 'o 310 Center Drive, Riverhead, NY 11 901 Name www.suffolkcountynygov/derk S Suffolk Countv Recording & Endorsement Page This page forms part of the attached D=) made by: (SPECIFY TYPE OF INSTRUDMNP) The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SGUTEOSD In the VILLAGE or HAW=of BOXES 6 THRU S MUST BE TYPED OR PRINTED IN BLACK IMC ONLY PRIOR TO RECORDING OR FILING. (over) ' —Bargain and side VO4 W1113 COMM aping C c='c Ann—Iodki*ul or Cowawn(Siegle Shea CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE,made the 1L day of March,in the year 2021 BETWEEN BORIS GRZIC and CLAUDIA GRZIC,his wife,both residing at 12 Point Crescent,Malba,NY 11357 parry of the first part,and 16125 SOUNDVIEW REALTY LLC,having on address at 16125 Sonadview Ave.,Southold,NY 11971 party of the second part, WITNESSETH,that the party of the fust part,in consideration of Ten($10.00)dollars paid by the patty of the second part,does hereby grant and release Lento the party of the second part,the heirs or successors and assigns of the parry of the second part forever, ALL that certain'plot,piece or parcel of land,with the buildings and improvements thereon erected,situato,lying and being in the Town of Southold,County of Suffolk,and State of New York,bounded and described as set forth in Schedule"A", annexed hereto and made a part herrn£ BEING AND INTENDED TO BE the same premises described in the deed into the grantor heroin by deed recorded on 1113/1995 in Liber 11748 Page-941. Said premises known as and by the street number 16125 Soundview Avenue,Southold,New York 11971,Section:50,Block: 2,Lot:1-9 TOGETHER with all right, title and interest, if any, of the party of the fust part in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the hens or successors and assigns of the party of the second part forever. AND the patty of the first port covenants that the party of the first part has not done or suffered anything whereby the said piemises 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 fust part will receive the consideration for this conveyance and will hold tie right to receive such consideration as a trust fiord to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.The word"patty"shall be construed as if it read"parties"whenever the sense of this indenture so requites. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF. V; ,.•,a— L loM BORISGRZIC NIOTARYPt1t3Lt0'$T AL�AO�Y� CLAUDIA GRZIC onHmOILE�70245 InlluealofbW>111 ' D=Mbet B,2=, ACKNOWLEDGEMENT TAKEN IN NEW YORKSTATE ACKNOWLEDGEMENT TARN IN NEW YORK STATE State ofNew York,County of Queens,ss: State of New York,County of Queens,ss: On the q" day of March in the year 2021, before me, the On the 91day of March in the year 2021, before me, the undersigned,personally appeared Boris Orr1e undersigned,personally appeared Claudia Oriic personally known to me or proved to me an the basis or ,personalty known to me or proved to me on the basis of satisfactory,evidence to be the IndIvldual(s)whose name(s)is(are) satisfactory evidence to be the individual(s)whose aame(s)is(aro) subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that hdshc*cy executed the same in his cr their eapacity(ies),and that helshellhey executed the same in his/her/their capacity(ics),and that by his/ha tear signature(s)on the instrument,the fmdlrfduat s or by hisiberAhefr signatures)on the instrument,the individual(s),or the person upon behalf of w Wube.iad e,executed o the person upon behalf of wbich the indivldud AL tented the imstrumeaC �NOSARY pUBL1CATE OF NEW YORK buhhmttaht a Leone PIA"91stration 01 in Queens calmly NOTAKY PUBLIC,STATE OF NEW YORK R0GW,6ontNo.o1LEWM45 Comm'�� p ember 9.2022 I Quaiftlad I Queo 9. ACI(NOWLEDGEMENTBYWU9SCRIBiNG WITNESS ACKNOWLBDGE�1)TSIDE NfV YORK- TAKEII IN NEW YORK STATE STATE State of New York,County of , ss: *State of ,County of , ss: On the day of in the year , before me,the *(Or insert District of Columbia,Territory,Possession or Foreign undersigned, a Notary Public in and for said State, personally County) appeared ,the subscribing witness to the foregoing instrument,with whom 1 am On the day of in the year ,before me the personally acquainted,who,being by me duly swam,did depose and undersigned personatly appeoted say that helshehhey reside(s)in Personally!mown to me or proved to me on the basis of satisfactory Iff duptere of rosidmm is in a ab,bLdude the sheer acrd mem n=ber ifaiA dwo* evidence to be the individual(s)whose neme(s)is(are)subscribed to that he/shalthey know(s) the within Instrument and acknowledged to me that hdshelthey executed the acme In his/hvltheiT capacity(ies),that WhislherAheir to ba the individual described in and who executed the foregoing signahme(s)on the insltument,the individuai(s)or the person upon Instrument;that said subscribing witness was present and saw said behatfof which the individual(s)acted,executed the inslrumen4 and that such individual make such appearance before the undersigned in execute the creme;and that said witness at hila same time subscribed the his/her/their name(s)as a witness thereto (add the city or political subdivision and the state or country or other place dee acknowledgement was taken). Bargain and Sale Deed With Covenants SECnON:50 BLOCK:2 Title No. LOT,19 GRZIC COUMT OR TOWN:Sutfolk Tan of Southold TO PREMISES: 16125 Sormdview Avenue 16125 SOUNDVIEW REALTY LLC Soadm(d,NY 11971 RETURN BY MAIL TO: DISTRIBUTED BY Goetz Fitzpatrick LLP One Pm Plaza,Sane 3100 NY,NY 10119 Atln.:Amon Boyo)ian,Esq. YOUR TiTLE EXPERTS The Judicial TIBe insurance Agency LLC 800-281-TITLE(84861 FAX:800-FAX5396 Benchmark Title Agency, LLC Title No.BTA79504 SCHEDULE A ALL that certain plot,piece or parcel of land,situate,lying and being in the Town of Southold, County of Suffolk and State of New York,more particularly bounded and described as follows: BEGINNING at a point on the northeasterly side of Soundview Avenue distant 100 feet northwesterly along said northeasterly side of Soundview Avenue from the southeasterly comer of land conveyed to the party of the first part by Edward C.Booth; RUNNING THENCE along said northeasterly side of Soundview Avenue,the following two courses and distances: North 50 degrees 41 minutes 30 seconds West 83.20 feet; North 41 degrees 23 minutes 20 seconds West 16.80 feet; THENCE through land of the party of the first part,the following three courses and distances: North 29 degrees 54 minutes 40 seconds East 208.41 feet; North 19 degrees 06 minutes 50 seconds East 210.39 feet; North 23.degrees 12 minutes 00 seconds West 159.91 feet to the ordinary high water mark of Long Island Sound; THENCE southeasterly along said high water mark as measured by a tie line,South 73 degrees 09 minutes 50 seconds East 123.44 feet; THENCE along land conveyed or about to be conveyed by the party of the first part to Donald Petrle(lot 4),the following three courses and distances: South 16 degrees 39 minutes 10 seconds East 160.46 feet; South 23 degrees 22 minutes 00 seconds West 207.48 feet; South 28 degrees 44 minutes 50 seconds West 241.59 feet to the point or place of BEGINNING. FOR The policy to be issued under this report will insure the title to such buildings and CONVEYANCING improvements erected on the premises which by law constitute real property. ONLY Page 1 WRITTEN CONSENT OF 16125 SOUNDVI EW REALTY LLC 16125 SOUNDVIEW REALTY LLC, a New York limited liability company (the "Company"),hereby consents to the adoption of the following resolutions as fully as if they had been adopted at duly held meetings of the members: RESOLVED,that the Company is hereby making applications to the Town of Southold Building Department,Town of Southold Zoning Hoard of Appeals,and Town of Southold Trustees for building pennit(s),vatiance(s),and wetland permit(s),respectively (the"Applications"),for the purposes of installing an accessory Inground pool at the premises known as 16125 Soundview Avenue,Southold,New Yolk(Suffolk County Tax Map No. 1000-050.00.02.00-019.000);and RESOLVED,that the Company shell take all such actions necessary to consummate the transactions contemplated by the Applications;and it is further RESOLVED,that Steven GrAc,Christine Persico,and Martin D.Finnegan be,and hereby are authorized,empowered and directed in the name of and on behalf of the Company to take any and all actions and to execute,deliver and file all such other instruments,certificates,agreements and documents as they deem necessary or appropriate,and to pay all expenses and fees to enable the Company to carry Into effect the intent and the purposes of the foregoing resolutions,and each of them,and to consummate the transactions contemplated by the Applications and such other documents and instruments as are contemplated pursuant to the Applications,and that the execution and delivery of any such instrument,certificate,agreement or document shall be conclusive evidence of such member's or agents authority granted herein and the approval thereof by the members of the Company;and be it further RESOLVED, that thea has been no change in the make up or composition of the Company,and that there have been no amendments made to the Articles of Organization or the Operating Agreement;and be it further RESOLVED,that a copy of this written consent be flied in the minute book of the Company. SdGNA7UREPAGEFOL L0WS IN WITNESS WHEREOF, the undersigned have executed this Consent as of September $ ,2021. GW,IC FAMILY 2018 IRREVOCABLE TR T F/B/O STEVEN GRZIC,Member By:Steven Grzic,T46-stee Sy:Chri ersic Trustee BfTF/B/O ian,Trus GY 2018 IRREVOCABLE TCHRISTINE PERSICO,Member By: Steven Grz' rustee y:Chr' tui ,Trustee By: oyajian,Tru e 2 1 OPERATING AGREEMENT OF 16125 SOUNDVIEW REALTY LLC A LIMITED LIABILITY COMPANY OPERATING AGREEMENT(this"Agreement")entered into and made effective this 18* day of December,2020, by and among GRZIC FAMILY 2018 IRREVOCABLE TRUST FB/O STEVEN GRZIC,and the GRZIC FAMILY 2018 IRREVOCABLE TRUST FB/O CHRISTINE PERSICO,each referred to herein as a"Member"and collectively, as the"Members"). RECITALS WHEREAS, the Members have formed a limited liability company known as 16125 SOUNDVIEW REALTY LLC,pursuant to the Limited Liability Company Law ofthe State ofNew York(as amended from time to time,the"Limited Liability Company Law"or the"Act"); WHEREAS,all the Members desire to conduct business as Members of a limited liability company pursuant to the laws ofthe State of New York and pursuant to the terms ofthis Agreement; NOW, THEREFORE, in consideration of the mutual covenants, conditions and representations set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged,the individuals and entities signing this Agreement below agree as follows: ARTICLE I DEFIPIITIONS 1.1 Formation. One or more Persons has acted as an organizer to form a limited liability company by preparing,executing and filing the Articles of Organization with the New York Secretary of State pursuant to the Limited Liability Company Law. 1.2 Agreement. For and in consideration ofthe mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the Members executing the Agreement hereby agree to the terms and conditions of the Agreement,as it may from time to time be amended. It is the express intention of the Members that the Agreement shall be the sole source of agreement of the parties regarding the operation ofthe Company and, except to the extent a provision of the Agreement expressly incorporates federal income tax rules by reference, or sections of the Code or Treasury Regulations, or is expressly prohibited or ineffective under the Act,this Agreement shall govern,even when inconsistent with,or different than,the provisions of the Act or any other law or rule. 1.3 Name. The name of the Company 16125 SOUNDVIEW REALTY LLC. 1.4 Principal Place of Business.. The principal place of business ofthe Company within the State of New York shall,be 16125 Soundview Avenue, Southold, New York 11971. The Company may establish any other places of business upon the vote or written consent ofthe majority of Membership Interest of the Company. (00039174 - 1) 1 - . n 1.5 Term. The term of the Company shall begin upon the filing of the Articles of Organization or any later effective date as set forth below therein and shall continue until dissolution pursuant to Article XI of this Agreement or by law. 1.6 Purposes and Powers.The Company is hereby authorized to possess and exercise all the powers and privileges granted to a limited liability company under the Limited Liability Company Law or by any other applicable law and to engage in any lawful act or activity for which limited liability companies may be formed under the Limited Liability Company Law and engage in any and all activities necessary or incidental to the foregoing. ARTICLE II MEMBERS 2.1 Names and Address. The names of the Persons who shall be the initial Member(s) are GRZIC FAMILY 2018 IRREVOCABLE TRUST FB/O STEVEN GRZIC, and the GRZIC FAMILY 2018 IRREVOCABLE TRUST FB/O CHRISTINE PERSICO and the addresses of the Members are to be kept with the books and records of the Company(each an"Initial Member'). 2.2 Additional Members. Subject to Article VIII of this Agreement,(i)the Members may admit to the Company additional Member(s)who will participate in the profits,losses,available cash flow,and ownership of the assets of the Company on such terms as are determined by the Members, (ii)admission of any such Additional Member(s)shall require the unanimous affirmative vote of all Membership Interest of the Company,and(iii)such Additional Members shall be allocated gain, loss,income or expense by such method as may be provided in this Agreement,and if no method is specified,then as may be permitted by§ 706(d)of the Code. 2.3 Limitation of Liability. Except as provided under the Act,no Member or agent of the Company(nor any Person acting in one or more of those capacities) shall be liable for any debts, obligations or liabilities of the Company or each other,whether arising in tort,contract or otherwise, solely by reason of being such a Member or agent or acting(or omitting to act)in such capacities or, participating(as an employee,consultant,contractor or otherwise)in the conduct of the business of the Company. 2.4 Rdgft and Return of Capital. No Member shall have priority over any other Member, whether for the return of a Capital Contribution or for Net Profits, Net Losses or a distribution. Additionally, this Section 2.4 of this Agreement shall not apply to loan or other indebtedness(as distinguished from a Capital Contribution)made by a Member to the Company. 2.5 Liability of a Member for Distributions. A Member who or which receives a distribution made by the Company is violation of this Agreement or made when the Company's liabilities exceed its assets(after giving effect to such distribution)shall be liable to the Company for the amount of such distribution. 2.6 Financial Adjustments. No Members admitted after the date of this Agreement shall be entitled to any retroactive allocation of losses, income or expense deductions incurred by the Company. The Company,upon the unanimous vote or written consent of the Members,may at the time a Member is admitted,close the books and records of the Company(as though the Fiscal Year had ended)or make pro rata allocations of loss,income and expense deductions to such Member for that portion of the Fiscal Year in which such Member was admitted in accordance with Section 704 of the Code. 100039174 - 1) 2 2.7 Parties to Actions. No Member of the Company is or shallbe a proper party to proceedings by or against the Company except where the object of such proceedings is or shall be to enforce a Member's right against,or liability to,the Company. 2.8 Time Devoted. Each Member agrees that they will devote as much time as necessary to the Company business. 2.9 No Salary. No Member shall draw or be entitled to a salary-or expenses unless otherwise unanimous agreed to by the Members. 2.10 Organization Expenses.`The Company shall pay all expenses incurred in the organization of the Company. 2.11 Expenses. The Company shall,upon presentation of proper receipts or payment vouchers,pay for,or reimburse the Members for all reasonable and necessary travel,automobile, entertainment and other out-of-pocket business expenses which may be incurred by the Members in the performance of their duties which are performed for the Company. 2.12 Control of Business of Company. The Managers shall have full control of the day to day operations of the Company as more fully set forth in Article III of this Agreement. No Member,apart from the exercise of his rights and powers as a Member,shall take part in the control of the business of the Company. ARTICLE III MANAGEMENT 3.1 Manager. Except as set forth in Sections 3.3 and 11.1 of this Agreement, all decisions respecting any matters-affecting or arising out of the conduct of the business of the Company,or any matters set forth in this Agreement or relating to the purposes of the Company, shall, except as otherwise expressly provided in this or otherwise required by law, be made exclusively by the Managers. There shall be two (2) Managers (the "Managers"), who shall be STEVEN GRZIC and CHRISTINE PERSICO. They shall possess all rights and powers which are necessary,advisable or consistent in connection therewith and with the provisions of this Agreement. The Managers shall serve as Managers until removal, death, resignation or withdrawal or termination as a Member of the Company, as set forth in this Agreement. Except as otherwise provided in this Agreement or the Limited Liability Company Law, the decision of all of the Managers shall bind all of the Members.Unless otherwise-set forth in this Agreement or bylaw, individual Members of the Company,other than the Managers,shall have no individual rights or powers to take part in the day-to-day management or control of the Company 3.2 Authorized Rights and Powers. Subject to the limitations set forth in Section 3.3 of this Agreement,the Managers shall be vested with the supervision of all day to day operations and to perform all work of the Company and all other specific rights and powers required for or appropriate to the management,'conduct or operation of the business of the Company,and do all lawfiil acts and things,relating to it,as are directed by this Agreement and the Articles of Organization and are not, by statute or by the.Articles of Organization or by this Agreement,prohibited, including,but not limited to: (a) procuring and maintaining with responsible companies such insurance as may be advisable in such amounts and covering such risks as are deemed appropriate by the Managers; (b) taking and holding any assets ofthe Company in the Company name,or in the name of a nominee of the Company; 100039174 - 1} 3 f (c) executing and delivering on behalf of and in the name ofthe Company,or in the name of a nominee of the Company,all instruments necessary or incidental to the conduct ofthe Company's business; (d) protecting and preserving the assets of the Company; (e) opening Company bank accounts in which all Company funds shall be deposited and from which payments shall be made; (f) hiring and firing of employees; (g) incurring by the Company of any indebtedness to any person other than a Member, (h) the guaranty by the Company of any indebtedness of any person; (i) the incurring by the Company of any capital expenditure; (j) the execution of any check,draft or similar instrument by the Company for any ordinary or capital expenditure;and (k) Any other decision incidental or necessary to the day to day operation of the business of the Company. 3.3. Actions by the Members (i) - An affirmative vote of all ofthe Membership Interest ofthe Company shall be required for the Company to perform all acts,including,but not limited to the following: (a) Sale,disposition or other transfer of Membership Interest by existing Members; (b) Enter into a liquidating or dissolution transaction or file an insolvency, bankruptcy or dissolution proceeding or admit in writing insolvency, bankruptcy or a general inability to pay debts; (c) Repurchase or redeem Membership Interest of the Company; (d) Change the Company's Operating Agreement or Company's Articles of Organization; (e) Incur any contract or debt in excess of$10,000, other than normal trade credit in the ordinary course of business; (f)' Dispose of Company assets other than in the ordinary course of business; (g) Purchase any capital asset other than in the ordinary course of business; (h) Change the Company's current line-of business; (i) Issue any additional Membership Interest,options,warrants or other rights to purchase Membership Interest; (j) Merge or consolidate into or with any other person, corporation or entity; (k) Incorporate, form or acquire any subsidiaries or purchase, form or acquire any interest in any corporation,partnership,LLC or other entity; (1). Enter into any agreement to effectuate any ofthe above transactions; (m) the dissolution,winding up and liquidation of the Company;and (n) Enter into any equipment leases or licenses in excess of$10,000; (o) Enter into any real property leases or licenses; (p) Incur any bank financing,including,but not limited to,lines of credit, and mortgage.loans;and 400039174 - 1) 4 j (q) the filing by the Company of a petition in bankruptcy or reorganization under any chapter of Title 11 of the United States Code,as amended,or the filing of an assignment for the benefit of creditors under applicable state law. 3.4 Vacancy. Any vacancy occurring with regard to the Managers,shall be filled by an election at an annual or special meeting of the Members called for that purpose. Any Manager elected to fill a vacancy occurring other than by reason of an increase in the number of Managers shall be elected for the unexpired term of the Manager's predecessor in office. 3.5 Indemnification. To the fullest extent permitted by applicable law from time to time in effect,the Company shall indemnify,defend and hold the Members and Managers harmless from and against, and may, upon the approval of the Members, indemnify, defend and hold the Company's,Member's and Managers'respective affiliates,agents,employees,consultants and other independent contractors(collectively,"Indemnitees"),harmless from and against,all losses arising from any demands,claims or lawsuits against any of the Indemnitees in connection with or resulting from his or its acts or omissions in his or its capacity as a Member or Manager, or as such an affiliate,agent,employee,consultant or other independent contractor of the Company,Member or Managers,or in connection with,arising from or relating to,business or activities undertaken on behalf of the Company,including,without limitation,any demands,claims or lawsuits initiated by a Member,unless such acts or omissions are found by a court of competent jurisdiction upon entry of a final judgment to be in bad faith,or to constitute fraud,willful misconduct or a knowing violation of law or to have violated such lesser standard of conduct as under applicable law affirmatively prevents indemnification hereunder.The termination of any action,suit or proceeding by judgment, order,settlement,plea of nolo contendere or its equivalent or conviction shall not,of itself,create a presumption that an Indemnitee shall not be entitled to indemnification hereunder or that the Indemnitee did not act in good faith and in a manner which it reasonably believed to be in or not opposed to the best interests of the Company. 3.6 Rights Under Act. In addition to the specific rights and powers herein granted to the Managers,the Managers shall possess and may enjoy and exercise all of the rights and powers of . a Managers'as provided by the laws of the State of New York. ARTICLE IV MEETING OF MEMBERS 4.1 Annual Meetings. No annual meeting of the Members is required by this Agreement.If such meeting is held,it may be held at the principal place of business of the Company or such place or places,within or without the State of New York,,as shall be reasonably determined by the Managers. Members of the Company may participate in a meeting by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other, and such participation shall constitute presence in person at such meeting. 4.2 Special Meetings. A meeting of the Members for any purpose or purposes may be called at any time by written request of any Member. 4.3 Notice of Annual Meeting. Written notice stating the place,day and hour of the annual-meeting indicating that it is being issued by or at the direction of the person or persons calling such meeting,stating the purpose or purposes for which the meeting is called shall be delivered no fewer than ten(10)nor more than sixty(60)days before the date of the annual meeting. 100039174 - 11 5 r 1- 4.4 Record Date. For the purpose of determining the Members entitled to notice of or to vote at any meeting of Members or any adjournment of such meeting,or Members entitled to receive payment of any distribution,or to make a determination of Members for any other purpose,the date on which notice of the meeting is mailed or the date on which the resolution declaring distribution is adopted, as the case may be, shall be the record date for making such a determination. When a determination of Members entitled to vote at any meeting of Members has been made pursuant to this Section 5.4 of this Agreement,the determination shall apply to any adjournment of the meeting. 4.5 Ouorum.. Members holding not less than seventy five (75%) percent of the Membership Interests,represented in person or by proxy,shall constitute a quorum at any meeting of Members.In the absence of a quorum at any meeting of Members,a majority of the Membership Interests so represented may adjourn the meeting from time to time for a period not to exceed sixty (60)days without further notice.However,if the adjournment is for more than sixty(60)days,or if after the adjournment a new record date is fixed for the adjourned meeting,a notice of the adjourned meeting shall be given to each Member of record entitled to vote at such meeting.At an adjourned meeting at which a quorum shall be present or represented, any business may be transacted that might have been transacted at the meeting as originally noticed.The Members present at a meeting may continue to transact business until adjournment,notwithstanding the withdrawal during the meeting of Membership Interests whose absence results in less than a quorum being present. 4.6 ' Manner of Acting.. If a quorum is present at any meeting, the majority vote or written consent of the Members shall be the act of the Members,unless the vote of a greater or lesser proportion or number is otherwise required by the Limited Liability Company Law,the Articles of Organization or this Agreement. 4.7 Action by Members Without a Meeting. Wheneverthe Members ofthe Company are required or permitted to take any action by vote,such action may be taken without a meeting, without prior notice and without a vote,if a consent or consents in writing,setting forth the action so taken shall be signed by the Members who hold the voting interests having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting at which all of the Members entitled to vote therein were present'and voted. Such consent and/or consents shall be delivered to the office of the Company at its principal place of business. Delivery made to the office ofthe Company shall be by (a) hand, return receipt required, (b) certified or registered mail,return receipt requested,(c)reputable overnight courier,next day delivery, or(d) electronic mail in portable document format(PDF)form. 4.8 Waiver ofNotice. Notice of a 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.The attendance of any Member at a meeting, in person or by proxy, without protesting prior to the conclusion of the meeting the lack of notice of such meeting,shall constitute a waiver of notice by such Member.' ARTICLE d CAPITAL CONTRIBUTIONS 5.1 Capital Contributions.On the date of this Agreement,each Member shall contribute the amount set forth in Schedule"A"to this Agreement as the Capital Contribution to be made by such Member. 5.2 Additional Contributions. Except as set forth in Section 6.1 of this Agreement,no Member shall be required to make any additional Capital Contribution. The Members may make 100039174 - 11 6 1' loans to the Company with the approval of all Members and, if such loans are made, then the amounts loaned shall not be or become capital. 5.3 Capital Accounts. 'A Capital Account shall be maintained for each Member. Each Member's Capital Account shall be increased by the value of each Capital Contribution made by the Member and otherwise adjusted in accordance with GAAP. 5.4 Deficit Capital Account. Except as otherwise required in the Limited Liability Company Law or pursuant to this Agreement,no Member shall have any liability to restore all or any portion of a deficit balance in a Capital Account. 5.5 Withdrawal or Reduction of Capital Contributions. A Member shall not receive from the Company any portion of a Capital Contribution until all indebtedness,liabilities and obligations of the Company,except any indebtedness,liabilities and obligations to Members on account oftheir Capital Contributions,have been paid or there remains property of the Company sufficient to pay them.A Member,irrespective of the nature of the Capital Contribution of such Member,has only the right to demand and receive cash in return for such Capital Contribution. ARTICLE VI ALLOCATIONS AND DISTRIBUTIONS 6.1 Allocations of Profits and Losses.The Net Profits and the Net Losses for each Fiscal Year shall be allocated to the Members based upon their Membership Interests as of the record date of such allocation,except that the Members.shall not be personally liable for any of the debts of the Company or for any losses or expenses beyond the respective their Capital Contribution as set forth in Schedule"A"as may be amended from time to time. 6.2. Capital Calls, 6.2.1 The Managers may make capital calls(the"Capital Calls")to each Member from time to time as required seeking additional.Capital Contributions (the "Additional Capital Contributions") from the Members in order to enable the Company to conduct its business or to otherwise use its capital as contemplated by this Agreement.Notice of each Capital Call shall be given to each Member at least fifteen (15) days before the date that the Additional Capital Contribution is to be contributed to the Company(the"Call Date").Capital Calls shall be payable pro rata by the Members in the ratios that their respective Capital Contributions prior to the Capital Call bear to the aggregate Capital Contributions of all Members. 6.2.2 Each Member agrees to make his or her Additional Capital Contributions in cash on the Call Date. 6.2.3 In the event that any Member fails to make his, her or its portion of any required Capital Contribution to the Company pursuant to this Section 6.2 of this Agreement,on or before the Call Date, such Member shall be.deemed to be in default under this Section 6.2 of this Agreement(the"Defaulting Member"). Such Member(s)who properly contributes any additional Capital Contribution as required under this Section 6.2 shall be deemed a "Non-Defaulting Member". Upon a default, the Defaulting Member°s Membership Interest shall be reduced proportionally by the amount of additional Capital Contribution which was required to have been contributed by the Defaulting Member to maintain the percentage of Membership Interest in the Company:By way of example only: (00039174 - 11 7 r if the Member X initially contributed $100,000 for a 25% Membership Interest of the Company and if an additional Capital Contribution of $25,000 is required by the Company to be made by Member X and he . defaults on this obligation, Member X's Membership Interest will be reduced by 20%, leaving Member X with a Membership Interest after default of 20%. Until such time as the Non-Defaulting Members have been repaid in full for the additional Capital Contribution which was not contributed by the Defaulting Member, all income and gain shall be allocated fust to the Non-Defaulting Members(which return is referred to herein as the"Preferred Return');thereafter,to all of the Members pro rata in accordance with their Membership Interest. 6.2.4 Whenever the approval or decision of the Members is required or permitted pursuant-to this Agreement or.applicable law, any Defaulting Member shall not, to the extent permitted by applicable law,be entitled to participate in such approval,or to make such decision, and such approval or decision shall be made as if such Defaulting Member were not a Member.Any such approval or decision shall be binding upon such Defaulting Member. ARTICLE VII TAXES 7.1 Tax Returns. The tax matters partner shall cause to be prepared and filed all necessary federal,state and local income tax returns for the Company.Each Member shall furnish to the tax matters partner all pertinent information in its possession relating to Company operations that is necessary to enable the Company's income tax returns to be properly prepared and timely filed. 7.2 Tax Elections.The Company shall make the following elections on the appropriate tax-returns: 7.2.1 To adopt the calendar year as the Fiscal Year, 7.2.2 To adopt the cash method of accounting and keep the Company's books and records on the income tax method; 7.2.3 If a distribution as described in Section 734 of the Code occurs or if a transfer of a Membership Interest described in Section 743 of the Code occurs,upon the written request of any Member,to elect to adjust the basis of the property of the Company pursuant to Section 754 of- the Code; 7.2.4 To elect to amortize the organizational expenses of the Company and the start- up expenditures of the Company under Section 195 of the Code ratably over a period of sixty months as permitted by Section 709(b)of the Code; and 7.2.5 Any other election that the Managers may deem appropriate and in the best interests of the Members. Neither the Company nor any Member may make an election for the Company to be excluded from the application of Subchapter K of Chapter 1 of Subtitle A of the Code or any similar provisions of applicable state law,and no provisions ofthis Agreement shall be interpreted to authorize any such election. 100039174 -- 1) 8 9 ARTICLE VIII TRANSFERABILITY 8.1 Lifetime Transfers and Pledns.No Member shall sell,assign,mortgage,hypothecate, transfer,pledge,create a security interest,lien,encumbrance,gift,or otherwise dispose of any of his, her or its Membership Interest in the Company;now owned or hereinafter acquired,during the term of this Agreement to any person or third-party, including,but not limited to, a spouse, except in accordance with the terms of this Agreement,including,Article IX. ARTICLE IX SALE,TRANSFER OR OTHER DISPOSITION OF MEMBERSHIP INTEREST 9.1 Sale to Third Parties-Bona Fide Offer. 9.1.1 , If any Member receives a bona fide offer from an unaffiliated third party(the"Third Party Offeror")pursuant to a written offer,which offer must contain the payment terns of the proposed offer(the"Membership Interest Offer")for the purchase of all,but not less than all, of his Membership Interest (such Member, for the purposes of this Section 9.1 of this Agreement is hereinafter referred to as the ASelling Member";the Membership Interest which is the subject of the Membership Interest Offer is hereinafter referred to as the AOffered Membership Interest")and determines to sell such Offered Membership Interest to the Third Party Offeror,the Selling Member shall notify the Company and the other Members (the "Other Members")(the Company and the Other Members are hereinafter collectively referred to as the"Offerees"),by.a written notice(the"Notice of Sale"),which shall include a copy of the Membership Interest Offer and an offer to sell the Offered Membership Interest to the Offerees at the purchase price and pursuant to the terms and conditions set forth in the Membership Interest Offer. 9.1.2 . After the Selling Member has given Notice of Sale to the Other Members and the Company,the Other Members shall have the option,exercisable upon written notice to the Selling Member within thirty(30)days after receipt of the Notice of Sale(the"Initial Period"),to purchase all or any part of the Offered Membership Interest pro rata in proportion to their respective holding in the Membership Interest, at the price as set forth in said bona fide Membership Interest Offer upon the same payment terms as set forth in Section 9.1.5(f) of this Agreement;provided,however,that if any Member does not purchase his full proportionate share of the Offered Membership Interest,the unaccepted Membership Interest may be purchased by the other Members proportionately. The Other Members may accept such offer by giving the Selling Member and the Company written notice of such acceptance within the Initial Period. 9.1.3 If the Other Members do not elect to exercise the option set forth in Section 9.1.2 of this Agreement in full within the thirty (30) day Initial Period, the unaccepted Offered Membership Interest shall be offered to the Company and such Notice of Sale shall be deemed to be an offer to sell the unaccepted Offered Membership Interest to the Company at the purchase price and upon the payment terms set forth in the Membership Interest Offer. Such offer shall remain open for a period of thirty (30) days after the date of the expiration of the Initial Period. The Company may accept such offer by giving the Selling Member and the Other Members written notice of such acceptance within said offering.period of thirty(30)days. 9.1.4 If the offer to the Offerees is rejected, deemed rejected or accepted only in part within the aforesaid sixty(60)day period(the aggregate of thirty(30)and thirty(30)days),the 100039174 - 1► 91 offer shall be deemed rejected with respect to all of the Offered Membership Interest,and the Selling Member shall thereupon be at liberty to sell all of the Offered Membership Interest(but not less than all),solely upon the terms and conditions which are specified in the Membership Interest Offer and solely to the Third Party Offeror and if such sale is consummated,notice thereof shall be sent to the Offerees. If the Selling Member does not sell, assign, transfer or otherwise dispose of all of the Offered Membership Interest pursuant to the,Membership Interest Offer within thirty(30)days after the expiration of the aforementioned sixty (60) day period, then the Selling Member shall not thereafter sell,assign,transfer,or otherwise dispose of the Offered Membership Interest,even to the same Third-Party Offeror,without again first offering same to the Company and the Other Members in accordance with this Section 9.1 of this Agreement. 9.1.5 Closing Conditions. With respect to any sale and purchase of the Membership Interest pursuant to this Section 9.1 of this Agreement by the Company and/or the Other Members,a closing(the"First Refusal Closing")will take place at the principal office of the Company or its attorneys,within thirty(30)days after the event requiring the sale and purchase,on the business day and at the time set forth by the Company in a written at least ten(10)days prior to the First Refusal Closing. The following shall be deemed applicable to any sale pursuant to this Section 9.1 of this Agreement: (a) At the First Refusal Closing of a Membership Interest Offer to the Company and/or the Other Members, the Selling Member shall warrant and represent to the Offerees that all of the Offered Membership Interest which is to be transferred pursuant to the terms of this Agreement and the Membership Interest Offer are free and clear of all liens or encumbrances of any kind, whether voluntarily incurred, imposed by-operation.of law or otherwise, and shall provide the Offerees with a written warranty and representation to that effect. If the Selling Member fails to provide such written warranty and representation,the Selling Member shall be deemed to have made the foregoing warranty and representation. Nevertheless,the Offerees,in addition to all other remedies which are available to them,may elect not to pay the purchase price for the Offered Membership Interest until such time as the Selling Member provides such written warranty and representation. (b) The purchase price set forth in the Membership Interest Offer shall be in addition to any sums which may be due and owing by the Company and/or the Other Members to the Selling Member. (c) All sales,assignments,transfers,and other dispositions of any of the outstanding Membership Interest pursuant to this Section 9.1 of this Agreement,other than to the Offerees,shall have as a condition precedent thereto the requirement that the Third Party Offeror execute a document in form and substance which is satisfactory to the Company's counsel,agreeing . to be bound by all of the terms and conditions of this Agreement as if such Third Party Offeror were the Selling Member and,upon the Third Party Offeror's execution of a document to that effect,said Offeror shall have all of the rights and obligations of the Selling Member pursuant to this Agreement. (d) If the Company agrees to purchase any Offered Membership Interest and if the Company shall not have sufficient surplus to permit it to lawfully purchase any or all of such Offered Membership Interest,all Members.shall promptly take such measures to vote their Membership Interest,unless otherwise required by applicable law;to reduce the capital of the Company or to take such other measures as may be necessary to enable the Company to pay for all or part of the Offered Membership Interest which it is required or otherwise agrees to purchase. (00039174 - 1) 10 4 (e) At any meeting of the Members in which a vote on such matters is taken; (1) the Member who would be selling the Offered Membership Interest to the Company shall have no vote with respect to the question of whether the Company should purchase the Offered Membership Interest and (2) the Company shall not agree to purchase any Offered Membership Interest without the unanimous consent of all Members (other than the Selling Member). ARTICLE X ACCOUNTING 10.1 Books and Records. The Company.shall keep or cause to be kept complete and accurate books of account and such additional records required to be maintained pursuant to Section 1102 of the Limited Liability Company Act.Such books of account shall at all times be maintained at the principal office of the Company and shall be open to the inspection and examination of the Members,at reasonable intervals,upon reasonable notice to the Managers and at reasonable hours of the business day for any purpose reasonably related to a Member's interest as a Member of the Company. An accountant acceptable to all of the Members shall be employed by the Company to oversee the keeping of the books and records. 10.2 Annual Statements. Annual statements of the Company's gross receipts and operating expenses as prepared by the Company's accountants shall be transmitted to each of the Members upon written request of any Member.Within a reasonable period of time after the close of each Fiscal Year,a report shall be transmitted to each Member setting forth his,her or its share of the profit or loss of the Company for such year for income tax purposes. 10.3 Funds of Company.All funds of the Company are to be deposited in the Company's name in such bank account or accounts as shall be designated by the Managers,or if none,then by the Members. Withdrawals from any such bank account or accounts shall be made upon such signature of the Managers. 10.4 Company Property. The Company's assets shall be deemed to be owned by the Company as an entity and no Member shall have any ownership interest in such assets or any portion thereof. ARTICLE XI DISSOLUTION 11:1 Dissolution.The Company shall be dissolved and its affairs shall be wound up upon the first to occur of the following: I 11.1.1 The written consent or determination of all of the Members;or 11.1.2 At any time when there are no Members;or 11.1.3 The entry of a decree of judicial dissolution pursuant to Section 702 of the Limited Liability Company Law. 11.2 Winding Up. Upon the dissolution of the Company,the Members may,in the name of and for and on behalf of the Company,prosecute and defend suits,whether civil, criminal or administrative, sell and close the Company's business, dispose of and convey the Company's property, liquidate the assets (unless the Members determine that a distribution of any Company Proery in-kind would be more advantageous to the Members than the sale thereof)as promptly as 100639174 - 1} 1� is consistent with obtaining the fair value thereof,discharge the Company's liabilities and distribute to the Members any remaining assets of the Company,all without affecting the liability of Members. Upon winding up of the Company,the assets shall be distributed as follows: 11.2.1 First, to creditors, including any Member who is a creditor, to the extent permitted by law,in satisfaction of liabilities of the Company,including loans made to the Company by any Member,whetherby payment or by establishment of adequate reserves,other than liabilities for distributions to Members under Section 507 or Section 509 of the Limited Liability Company Law; 11.2.2 Second, to the setting up of any reserves-which the Members may deem necessary or appropriate for any anticipated obligations or contingencies of the Company; 11.2.3 Third, to Members and former Members in satisfaction of liabilities for distributions under Section 507 or Section 509 of the Limited Liability Company Law; I 1.2.4 Fourth,to Members first for the return of their Capital Contributions,to the extent not previously returned;and 11.2.5 Fifth,in accordance with their respective Membership Interests. 11.3 Articles of Dissolution. Within ninety(90)days following the dissolution and the commencement of winding up of the Company, or at any other time there are no Members, articles of dissolution shall be filed with the New York Secretary of State pursuant to the Limited Liability Act. 11.4 Deficit Capital Account. Upon a liquidation of the Company within the meaning of Section 1.704-1(b)(2)(ii)(g) of the Treasury Regulations, if any Member has a Deficit 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 Capital Account shall not be considered a debt owed by the Member to the Company or to any other Person for any purpose. 11.5 Nonrecourse to Other Members. Except as provided by applicable law or as expressly provided in this Agreement,upon dissolution,each Member shall receive a return of his, her or its Capital Contributions solely from the assets of the Company.If the assets of the Company remaining after the payment or discharge of the debts and liabilities of the Company are insufficient to return any Capital Contribution of any Member,such Member shall have no recourse against any other Member. 11..6 Termination. Upon completion of the dissolution, winding up, liquidation, and distribution of the assets of the Company,the Company shall be deemed terminated. ARTICLE XII CONFIDENTIALITY 12.1 At all times after the date hereof,no Member or any Affiliate of any Member shall disclose or use any confidential information of or with respect to the Company or its business, provided,that such obligation shall not apply to any information(i)to the extent that it legally is or becomes part of public or industry knowledge from authorized sources other than a Member or any Affiliate of a Member,or(ii)which the Member or any of its Affiliates is required by law to disclose (but only to the extent required to be so disclosed). (00034174 - 1) 12 4 12.2 Because the Company and the Members do not have an adequate remedy at law to protect the Company's business from any breach of the obligations in this Article XIII,each of them shall be entitled to injunctive relief,in addition to such other remedies and relief that would,in such event,be available to it or thew. ARTICLE XIII GENERAL PROVISIONS 13.1 Notices. Any notice,demand or other communication required or permitted to be . given pursuant to this Agreement shall have been sufficiently given for all purposes if(a) delivered personally to the party to whom such notice,demand or other communication is directed, or(b)sent by overnight mail or courier service,next morning delivery,addressed to the Members or the Company at his,her or its address set forth in this Agreement.Except as otherwise provided in this Agreement,any such notice shall be deemed to be given when delivered. 13.2 Amendments. This Agreement contains the entire agreement among the Members with respect to the subject matter of this Agreement, and supersedes each course of conduct previously pursued or acquiesced in,and each oral agreement and representation previously made, by the Members or the Company with respect thereto,whether or not relied or acted upon.No course of performance or other conduct subsequently pursued or acquiesced in,and no oral agreement or representation subsequently made, by the Members,whether or not relied or acted upon, and no usage of trade, whether or not relied or acted upon, shall amend this Agreement or impair or otherwise affect any Member's obligations pursuant to this Agreement or any rights and remedies of a Member pursuant to this Agreement.No amendment to this Agreement shall be effective unless made in a writing duly executed by all Members and specifically referring to each provision ofthis Agreement being amended. ' 13.3 Construction. Whenever the singular number is used in this Agreement and when required by the context,the same shall include the plural and vice versa,and the masculine gender shall include the feminine and neuter genders and vice versa. 13.4 Headings. The headings in this Agreement are for convenience only and shall not be used to interpret or construe any provision of this Agreement. 13.5 Gender and Number. Whenever the context of this Agreement requires, the masculine gender includes the feminine and neuter,and the singular number includes the plural and vice versa. 13.6 Independent Counsel. Each Member hereby acknowledges that Goetz Fitzpatrick LLP,legal counsel for the Company,has prepared this Agreement on behalf of and in the course of its representation of the Company and has not represented any Member in any way in connection with this Agreement,and that: (a) he,she or it has been advised that a conflict of interest may exist between his, her or its interests and those of the Company and the other Members; (b) he,she or it has been advised that this Agreement can have material income tax consequences to a Member,and that Goetz Fitzpatrick LLP has not rendered tax advice to any Member;and (c) he,she or it has been advised to seek the advice of independent counsel,and he,she or it has had the opportunity to seek the advice of independent counsel. 13.7 Waiver. No failure of a Member to exercise, and no delay by a Member in exercising, any right or remedy under this Agreement shall constitute a waiver of such right or 100039174 - 11 13 A h remedy. No waiver by a Member of any such right or remedy under this Agreement shall be effective unless made in a writing duly executed by all Members and specifically referring to each such right or remedy being waived. 13.8 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of this Agreement shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law or,if for any reason it is not deemed so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder thereof or any other such provision being prohibited or invalid. 13.9 Binding. Subject to the terms of this Agreement, this Agreement shall be binding upon.and inure to the benefit of all Members,and each of their respective heirs,personal representatives,successors and assignees. 13.10 No Third Party Rights The Agreement is entered into among the Company and the Members for the exclusive benefit of the Company,its Members,and their successors and assignees. The 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 law,no such creditor or any third party shall have any rights under the Agreement or any agreement between the Company and any Member with respect to any Capital Contribution,Distribution,Membership Interest or otherwise. 13.11 Governing Law. This Agreement shall be governed by, and interpreted and construed in accordance with,the laws of the State of New York,without regard to principles of conflict of laws. 13.12 Mediation and Arbitration. If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator, with mediation to take place in New York,New York.Any costs and fees associated with the mediation, other than each party's attorney fees,shall be shared equally by the parties. If the parties are not able to resolve their dispute through mediation,then the parties agree that they shall be deemed to have agreed to binding arbitration in New York,New York,with respect to the entire subject matter of any and all disputes relating to or arising under this Agreement including, but not limited to,the specific matters or disputes as to which arbitration has been expressly provided for by other provisions of this Agreement.Any such arbitration shall be by a single arbitrator and pursuant to the then current Commercial Rules of the American Arbitration Association("CRAAA'J in New York, New York. The parties may agree in writing to conduct any arbitration in another location or forum by their mutual consent. In all arbitrations,judgment upon the arbitration award may be entered in any court having jurisdiction.The parties specifically designate the Supreme Court in the County of New York, State of New York,as properly having jurisdiction for any proceeding to confirm and enter judgment upon any such arbitration award. The parties hereby consent to and submit to personal jurisdiction over each of them by the Courts of the State of New York in any action or proceeding,waive personal service of any and all process and specifically consent that in any such action or proceeding,any service of process may be effectuated upon any of them by overnight mail or courier, in accordance with Section 14.1 of this Agreement or pursuant to the CRAAA. The parties agree,further,that the prevailing party in any such arbitration as determined by the arbitrators shall be entitled to such costs and attorney's fees,if any,in connection with such arbitration as may be awarded by the arbitrators;provided,however,that ifa.proceeding is commenced to confirm and enter a judgment thereon by the Courts of the State ofNew York and such application is denied,no such costs or attorneys fees shall be paid. In connection with the arbitrators' determination for this gipose of which party,if any,is the prevailing party,they shall take into account all of the facts and {00039174 - 1) 14 \I h ` ' circumstances including,without limitation,the relief sought,and by whom,and the relief,if any, awarded, and to whom. 13.13 Prior Agreements. This Agreement supersedes any and all previous agreements, whether written or oral, covering the subject matter of this Agreement. Any such previous agreements are null and void. 13.14 Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. r I i IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of the date first above written. MEMBERS: G CFAMILY 2018 IRREVOCABLE TRUST ' FB/O T N GRZIC I By: f Steven 5Grzi ee. I B sico tee I t By: "on Boyaji stee . I GC F61MILY 2018 IRREVOCABLE TRUST F/B/ STINE PERSICO s By: i Steve Grzi Trustee By: -� C stin Persico, I By: { Aar6h oyaji e I i • 1 i . I i 100039174 - 11 15 I h SCHEDULE"A" Capital Contributions and Membership Interest Member Name Capital Contribution Membership Interest% GRZIC FAMILY 2018 50% IRREVOCABLE TRUST F/B/O STEVEN GRZIC GRZIC FAMILY 2018 50% IRREVOCABLE TRUST F/B/O CHRISTINE PERSICO /00039174 - 11 16 i I SIJuTICN 40' Bonding Wire connected to all LIGHT � hardware r WASTE FILTER HAIR&LINT CATCHER PUMP SKIMMER i WATER LINE .t MAIN 1 DRAIN MIN O 2"RETURN TO INLET 3'APART Pury t MAIN DRAIN FIL: Lod ( PIPING SCHEMATIC 2"PIPE RETURN PRADIUS �mM.uaa 116 A7ff OC r CWm RRWAM YOM LLAM1A,n1t , y F.N x►£ 6 p1p1�.L1YL.,tlwowLND - > l�f EOO" lM' F•.• U(8a FUTURE :�_ t •µ ! 1 - s•wmu E'. - I' OA �'" 72 LIGHT PIT DETAILS 1111 .I —i." !Jill I LIGHT NICHE DETAILS(NT5) North Fork Pool Care T` �■ , viac j #3 STEEL REINFORCED , Section 8326 6fthe 2020 Residential 16125 Soundview Ave. Code of New York Section N1103.12(8403.12)Residernial '; DEPTH <5'-0" >5'-0" Southold,NY 11971 Pools and Permanent Residential Spas HORIZONTAL 10"O.C. 10"O.C. Section 83264 Barders Section R3265-11326.6.5 Entrapment ;I VERTICAL 10"O.C.- 5"O.C. POOL TYPE:Gunite' SCALE: . NTS Avoidance 12"O-C.em.OR 12"O.C.em.OR JAMES DEERKOSKI,P.E. Section R326.7 Swimming Pool and { i FLOOR MESH EQUIVALENT. MESH EQUIVALENT 260 DEER DRIVE DATE: 9/29/2021 Spa Alamns MATTITUK,NEW YORK 11952 DRAWING NUMBER 1 OF 2 I ' N340.782 0 L m(u1Vn.('p 60- 1 - kj XI 7 1.5A(c) 9 I.IA(c) 1, RD, EXT. 9: 14 25 13 1, 16.1 ;7 1.4A 7,- 77 74 j, '9 qc 7 !� n6 .9 "7 "0 �Ilk 01 FOR PCL.N 6.'77 ASO/0 79'97-.9 SEE SEC.No. 054-03-024.5 71 T-- (3)) M—ATCH————Z UNE m ry j1 41 N 882 Po NOTICEC COUNTY OF SUFFOLK K 130 TOWNOF SOUTHOLD SECTION NO E MCI— MNNTENANCE ALTERATION.SALE OR Real Property Tax Service Agency Y DISTRIBUTION OFANN PORTION OF THE • CountyCenter RiverheadNY 11901 050 1 VILLAGE OF 050 SUFFOLK COUNTY TAXMAPI PROHIBITED • , M WTHOUTWRITTEN PERMISSION OF THE m 0 IN FEET:M A REAL PROPERTY TAX SERVIC E AGENCY. i P J� 054 DISTRICT NO 1000 PROPERTY MAP SURVEY OF PROPERTY N AT SOUTHOLD TOWN OF . SOUTHOLD SUFFOLK COUNTY, ` NEW YORK 1000-50-02-19 . SCALE: 1'=50' JANUARY 5, 2021 FEBRUARY 24, 2021 (ADD SEP77C JULY 27, 2021 (PROPOSED POOL Lp�G, 5604? O*l N y�w•k N '�60 • QL TIDAL WETLANDS BOfJNDARY AS tA DETERMINED BY SUFFOLK EN11ROWDVTAL CQNSULT/NGr AVG ON N04DNEBR 11 2020 LANOM O — ItETwALL - w/SrFrs to �`�` TOP OF BLUFF - •�; - to FEN.COR i �``�. ` - PL 3.7'YY PAVER �`� ., tAMM PATIO r -�: w/STws TOP OF BLUFF PIPE w/s pm I FND. �hO 1 r r O � • Q co 1 r , wAmt QQLQ" j �• I O ?0,3• f AVERS PATIO FEN.END Hp,?,y� �8• r r TO BE REMOVED 3.11V WALL ? t � N8OGF NOCFHELEN0OLOFF RPORCHµo uN Oe= EDWARDBOOTH SUPS a� REVOCABLE TRUST FEN.E'ID i r .� zrw. �r ryry r rcv O � WELL �► m o� '�► `7 m fes. FEN COR `• �jt.4w rZ `O Alm cry4 hO 4 CMF ETAL N 41'23'20" WGATE 16.80' STONE . Posrs �sa� 7 No �230� • PIPE D. 5 PJ V KEY Q = REBAR ® = WELL ® = STAKE ® = TEST HOLE ® = PIPE _ ...... ��pF KFW� a 0 = MONUMENT - ���'��,�"��T2 �" '•�`,; G = WETLAND FLAG — U77U7Y POLE ELEVATIONS REFERENCED TO NAVD 88 � �' - - 'N`Y.S ANY ALTERAl1ON OR ADD/AOW TD THIS SURVEY/S A VIOIAAON OF S£CAAREA=55,136 SOFT. LIC. NO. 49618QN 7209 OF OR 1.2657 ACRES ECONIC ALL IH£NEW YORK STATE EDUCATION LAW, EXCEPT AS PER SEC77OV 7209-sUBAiysl0M 2 S .YOBS, P.0(631) 765-5020 FAX (631) 765-1797 SAID MAP OR COPIES BEAR THEM IMPRESSED SEAL CF- 7HE SUVALID FOR THIS MAP AND RVEYOR WHOSE IES INEREOFONLY IF TO TIE LINE P.O. eox 909 APPEARS HEREON. SOOAom1971T -075MLD, N.Y. 1 20 k