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LC Owner: KEKJS Headquarters LLC File #: 7719SE Address: 28495 Route 25 Code: 13ED l Agent Info Patricia C. Moore 51020 Main Rd Southold , NY 11971 Phone: 631-765-4330 Fax: 631-765-4643 Email: pcmoore@mooreattys.com � f 1 BOARD MEMBERS ��0� S0UjyO Southold Town Hall Leslie Kanes Weisman, Chairperson h0 1p 53095 Main Road•P.O. Box 1179 1 Patricia Acampora Southold,NY 11971-0959 '�,' Office Location: Eric Dantes G �pQ Town Annex/First Floor, Robert Lehnert,Jr. ���. 54375 Main Road(at Youngs Avenue) Nicholas Planamento coum� Southold,NY 11971 RECEIVEDhttp://southoldtowrmy.gov � t,1�,�( � ;3q ZONING BOARD OF APPEALS MAY 1 3 20 $ TOWN OF SOUTHOLD Tel. (631) 765-1809 '�-` '��/ Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 19,2023 ZBA FILE: 7719SE AMENDED MAY 2,2024 NAME OF APPLICANT: KEKJS Headquarters LLC PROPERTY LOCATION: 28495 Main Road,Cutchogue,NY SCTM# 1000-102-5-19 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated August 29,2022 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a 15,419 square foot parcel located in an Hamlet Business(HB)Zoning District. The parcel runs 80.21 feet along the southerly property line fronting NYS Route 25,Main Road,206.16 feet along the westerly property line fronting North Street,78 feet on the North side,and 188.58 feet on the East side. The parcel is improved with a two story frame residence,a frame shed,and a frame garage with rooms above. All is shown on a survey by Stanley J. Isaksen L.L.S., dated April 18, 2006. BASIS OF APPLICATION: Request a Reversal of the Building Inspector's August 18,2022 Notice of Disapproval relating to Town Code Article X, Section 280-45B(1); Article II1, Section 280- 13B(13)based on an application for a permit to construct a deck addition and an accessory apartment on the second floors of a pre-existing accessory garage with a room above, and to request a Special Exception pursuant to Article X, Section 280-45B(11) for a Conversion of an existing building to apartments as set forth in and regulated by Article VII, Section 280-38B(6)of the Residential Office District; located at 28495 Main Road, Cutchogue,NY. SCTM No. 1000-102-5-19. RELIEF REQUESTED: The applicant requests a reversal of the Notice of Disapproval which incorrectly classifies the proposed improvement as an Accessory Apartment under Section 280- 13B(13).Pursuant to Section 280-45B(11)"Conversion of an existing building to Apartments as set forth in and regulated by Section 280-38B(6) of the Residential Office District." The Town Code allows for the conversion of up to six apartments in an existing building in this Zoning District. The Page 2,January 19,2023,AMENDED MAY 2,2024 #7719SE,KEKJS Headquarters SCTM No. 1000-102-5-19 applicant proposes to construct an Apartment with second floor deck addition on the second floor of a pre-existing non-conforming two-story garage. An apartment already exists in two story principal building where the applicant's office is also located. All as shown on Site Plan and Architectural Plans prepared by Mark Schwartz,Architect,dated January 6,2023. ADDITIONAL INFORMATION:The parcel has the benefit of Pre-existing certificate of occupancy No. Z-31629 for a One family dwelling and beauty parlor with accessory dwelling and accessory garage and accessory storage shed. On November 18,2015,a Certificate of Occupancy#37907 was issued to current owner for a Conversion of an existing beauty parlor to an Architect's Office and an Apartment Above. An application for area variance has also been submitted, Appeal No. 7718, for a proposed addition of a non-conforming building,(subject garage)containing a non-conforming use which shall not be enlarged, reconstructed, or structurally altered or moved unless use of such building is changed to a conforming use. Dated May 2, 2024: To further clarify the intent to this decision, at the May 2, 2024 Regular Meeting of the Zoning Board of Appeals, the Board members voted unanimously to Amend this decision to GRANT the Special Exception as a Second Accessory Apartment. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 5,2023 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: The Board has reviewed the General Standards governing Special Exception uses set forth in Section 280-142 and finds: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The proposed use is in line with the town approved comprehensive plan and satisfies one of the goals of adaptive re-use of an existing building. B. .That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts. This Main Road neighborhood consists of a mix of residential dwellings, apartments, shopping centers, restaurants, a gas satiation, and a convenience store. The addition of one accessory apartment will be in line with other uses in this neighborhood. C. That the safety,the health,the welfare,the comfort,the convenience or the order of the town will not be adversely affected by the proposed use and its location. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. The proposed apartment use is in keeping with the character of other uses in this Main Road neighborhood. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. The apartment is proposed to be located in an existing building. The proposed deck addition is a common addition to residential structures and will not fundamentally change the character of this neighborhood. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. The proposed accessory apartment is located 3.5 feet from a public road. Page 3,January 19,2023,AMENDED MAY 2,2024 #7719SE,KEKJS Headquarters SCTM No. 1000-102-5-19 G. That the proposal shall comply with the requirements of Chapter 236, Stormwater Management In making such determination, consideration was also given to: A. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. B. The conservation of property values and the encouragement of the most appropriate uses of land. C. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic congestion on public streets,highways or sidewalks to assure the public safety. D. The availability of adequate and proper public or private water supply and facilities for the treatment,removal or discharge of sewage,refuse or other effluent(whether liquid, solid, gaseous or otherwise)that may be caused or created by or as a result of the use. E. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. F. Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or by other competent governmental agencies. H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. I. Whether a hazard to life, limb or property because of fire,flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. J. Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. L. Whether the use to be operated is unreasonably near to a church, school,theater, recreational area or other place of public assembly. M. Whether the site of the proposed use is particularly suitable for such use. N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. O. Whether adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage,refuse and other liquid, solid or gaseous waste which the proposed use will generate. P. Whether the natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. Q. The issuance of a Special Exception permit,as applied for in this application, is also subject to the following specific criteria and requirements which have been met pursuant to Section 280-45(C)and asset forth in and regulated by 280-38B(6)of the Town Code Page 4,January 19,2023,AMENDED MAY 2,2024 #7719SE,KEKJS Headquarters SCTM No. 1000-102-5-19 R. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. S. The conservation of property values and the encouragement of the most appropriate uses of land. T. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic congestion on public streets,highways or sidewalks to assure the public safety. The addition of one apartment unit on the North Street side of the property will not have any effect on traffic. U. The availability of adequate and proper public or private water supply and facilities for the treatment,removal or discharge of sewage,refuse or other effluent(whether liquid, solid, gaseous or otherwise)that may be caused or created by or as a result of the use. The applicant will apply for a Suffolk County Department of Health Services Permit for an Innovative Advanced(I/A)septic system for the entire parcel. V. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. W. Whether the use will cause disturbing emissions of electrical discharges,dust, light, vibration or noise. X. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities,if existing or if proposed by the Town or by other competent governmental agencies. Y. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. Z. Whether a hazard to life, limb or property because of fire,flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. BOARD RESOLUTION: In considering all of the above factors, motion was offered by Member Dantes, seconded by Member Weisman(Chairperson),and duly carried to GRANT, a Special Ex_c_eption, as applied,for a�second accessory-Apartment,jas shown on Site Plan and Architectural Plans prepared by Mark Schwartz,Architect(labeled S-1, S-2,A-1 thru A-7),dated January 6,2023. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant will apply for a Suffolk County Department of Health Services Permit for an Innovative Advanced (I/A)septic system for the entire parcel. 2. The applicant shall obtain variance relief approval from the Board of Appeals for application File No.: 7718 3. The apartment in the accessory garage must be rented to an individual who is on or qualifies to be on the Town of Southold Housing Registry 4. The apartment must be the primary residence of the signatory to the lease at the time of possession and throughout the tenancy 5. The maximum rent charged inay not exceed the maximum rent set forth in§280-30F in perpetuity 6. The apartment use may not be changed to another permitted use for a minimum period of eight years from the time the use receives a certificate of occupancy Page 5,January 19,2023,AMENDED MAY 2,2024 #7719SE,KEKJS Headquarters SCTM No. 1000-102-5-19 7. The subject parcel,the subject building,and the apartments must remain in common ownership 8. This Special Exception Permit requires an operating permit and inspection by a Building Inspector from the Building Department that must be renewed annually.It is the applicant's responsibility to contact the Building Department on an annual basis to schedule the required inspection.Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. 9. The property owner must apply for a building permit for the approved construction within one year of the special exception approval; 10. This Special Exception permit requires that the applicant complete construction on the Apartment with deck and begin the approved special exception use in compliance with the conditions imposed by the Zoning Board of Appeals within three years. 11. In accordance with the Zoning Board of Appeals,approval shall thereafter be deemed a lawful use as if the same were permitted by this chapter without need for a special exception permit; provided,however,that: a. All conditions imposed by the special exception approval shall continue to apply unless they,by their express terms,are of limited duration. b. All conditions imposed on special exception approval uses generally or specifically by this chapter shall continue to apply,regardless of whether any such conditions were expressly incorporated into the special exception approval. c. The Zoning Board of Appeals shall retain continuing jurisdiction over the same; d. The duration of a special exception use may be limited to a specified time period as set forth in the approval of the Zoning Board of Appeals,if the approval is silent as to the duration of the special exception use,then said use shall be in perpetuity; e. A special exception use which has been discontinued for a period of one year or more shall be deemed abandoned. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. NOTE. Violations of Conditions. A violation of any limitation or condition of a special exception approval or of any provision of this chapter applicable to a special exception use shall constitute a violation of this chapter. The Zoning Board of Appeals shall retain jurisdiction and shall have the right, after a public hearing, to modify,suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions,pursuant to Article XXV,Section 280-141 of the Town Code. Vote of the Board: Ayes: Members Weisman(Chairperson),Acampora,Dantes,Lehnert, and Planam t slie Kan s Weisman, Chairperson Approved for filing / 7 /2024 AMENDED MAY 2,2024 OFFICE LOCATION: AL41LING ADDRESS: Town Hall Annex ��®� S®u�°�® P.O.Box 1179 54375 State Road Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1809 ® �®� http://southoldtovmny.gov ZONING BOARD OF APPEALS RECEIVED Town of Southold �;�r'J2023 &AN3 FINDINGS, DELIBERATIONS AND DETERMINATION g., MEETING OF JANUARY 19, 2023 Southold Town Clerk ZBA FILE: 7719SE NAME OF APPLICANT: KEKJS Headquarters LLC PROPERTY LOCATION: 28495 Main Road, Cutchogue,NY SCTM# 1000-102-5-19 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated August 29,2022 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a 15,419 square foot parcel located in an Hamlet Business(HB)Zoning District. The parcel runs 80.21 feet along the southerly property line fronting NYS Route 25,Main Road,206.16 feet along the westerly property line fronting North Street, 78 feet on the North side, and 188.58 feet on the East side. The parcel is improved with a two story frame residence,a frame shed, and a frame garage with rooms above. All is shown on a survey by Stanley J. Isaksen L.L.S., dated April 18, 2006. BASIS OF APPLICATION: Request a Reversal of the Building Inspector's August 18,2022 Notice of Disapproval relating to Town Code Article X, Section 280-45B(1); Article I11, Section 280- 13B(13)based on an application for a permit to construct a deck addition and an accessory apartment on the second floors of a pre-existing accessory garage with a room above, and to request a Special Exception pursuant to Article X, Section 280-45B(11) for a Conversion of an existing building to apartments as set forth in and regulated by Article VII, Section 280-38B(6)of the Residential Office District; located at 28495 Main Road, Cutchogue,NY. SCTM No. 1000-102-5-19. RELIEF REQUESTED: The applicant requests a reversal of the Notice of Disapproval which incorrectly classifies the proposed improvement as an Accessory Apartment under Section 280- 13B(13). Pursuant to Section 280-45B(l l)"Conversion of an existing buildingto o Apartments as set forth in and regulated by Section 280-38B(6) of the Residential Office District." The Town Code allows for the conversion of up to six apartments in an existing building in this Zoning District. The applicant proposes to construct an Apartment with second floor deck addition on the second floor of a pre-existing non-conforming two-story garage. An apartment already exists in two story principal Page 2,January 19,2023 #7719SE, KEKJS Headquarters SCTM No. 1000-102-5-19 building where the applicant's office is also located. All as shown on Site Plan and Architectural Plans prepared by Mark Schwartz, Architect, dated January 6, 2023. ADDITIONAL INFORMATION: The parcel has the benefit of Pre-existing certificate of occupancy No. Z-31629 for a One family dwelling and beauty parlor with accessory dwelling and accessory garage and accessory storage shed. On November 18,2015,a Certificate of Occupancy#37907 was issued to current owner for a Conversion of an existing beauty parlor to an Architect's Office and an Apartment Above. An application for area variance has also been submitted, Appeal No. 7718, for a proposed addition of a non-conforming building,(subject garage)containing a non-conforming use which shall not be enlarged, reconstructed, or structurally altered or moved unless use of such building is changed to a conforming use. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 5, 2023 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: The Board has reviewed the General Standards governing Special Exception uses set forth in Section 280-142 and finds: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The proposed use is in line with the town approved comprehensive plan and satisfies one of the goals of adaptive re-use of an existing building. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts. This Main Road neighborhood consists of a mix of residential dwellings, apartments, shopping centers, restaurants, a gas satiation, and a convenience store. The addition of one accessory apartment will be in line with other uses in this neighborhood. C. That the safety,the health,the welfare,the comfort,the convenience or the order of the town will not be adversely affected by the proposed use and its location. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. The proposed apartment use is in keeping with the character of other uses in this Main Road neighborhood. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. The apartment is proposed to be located in an existing building. The proposed deck addition is a common addition to residential structures and will not fundamentally change the character of this neighborhood. F That all proposed Stri:rtureg, equipment and material Shall he readily accessible for fire and police protection. The proposed accessory apartment is located 3.5 feet from a public road. G. That the proposal shall comply with the requirements of Chapter 236, Stormwater Management In making such determination, consideration was also given to: A. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. Page 3,January 19,2023 #7719SE,KEKJS Headquarters SCTM No. 1000-102-5-19 B. The conservation of property values and the encouragement of the most appropriate uses of land. C. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic congestion on public streets, highways or sidewalks to assure the public safety. D. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent(whether liquid, solid, gaseous or otherwise)that may be caused or created by or as a result of the use. E. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. F. Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or by other competent governmental agencies. H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. I. Whether a hazard to life, limb or property because of fire,flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. J. Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. L. Whether the use to be operated is unreasonably near to a church, school,theater, recreational area or other place of public assembly. A Whether the site of the proposed use is particularly suitable for such use. N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. O. Whether adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage,refuse and other liquid, solid or gaseous waste which the proposed use will generate. P. Whether the natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. Q. The issuance of a Special Exception permit, as applied for in this application, is also subject to the following specific criteria and requirements which have been met pursuant to J ell LiVll 2UV-"^t.`i(C)and aS Set fvI iii in and reguiated liy ern- __ - of the Tn�zin (____ R. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. S. The conservation of property values and the encouragement of the most appropriate uses of land. T. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic congestion on public streets, highways or sidewalks to assure the public safety. The addition of one apartment unit on the North Street side of the property will not have any effect on traffic. Page 4,January 19,2023 #7719SE, KEKJS Headquarters SCTM No. 1000-102-5-19 U. The availability of adequate and proper public or private water supply and facilities for the treatment,removal or discharge of sewage,refuse or other effluent(whether liquid, solid, gaseous or otherwise)that may be caused or created by or as a result of the use. The applicant will apply for a Suffolk County Department of Health Services Permit for an Innovative Advanced(UA)septic system for the entire parcel. V. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. W. Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. X. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or by other competent governmental agencies. Y. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. Z. Whether a hazard to life, limb or property because of fire,flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. BOARD RESOLUTION: In considering all of the above factors, motion was offered by Member Dantes, seconded by Member Weisman(Chairperson), and duly carried to GRANT, a Special Exception, as applied for, and shown on the Site Plan and Architectural Plans prepared by Mark Schwartz,Architect(labeled S-1, S-2, A-1 thru A-7), dated January 6,2023. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant will apply for a Suffolk County Department of Health Services Permit for an Innovative Advanced (I/A)septic system for the entire parcel. 2. The applicant shall obtain variance relief approval from the Board of Appeals for application File No.: 7718 3. The apartment in the accessory garage must be rented to an individual who is on or qualifies to be on the Town of Southold Housing Registry 4. The apartment must be the primary residence of the signatory to the lease at the time of possession and throughout the tenancy 5. The maximum rent charged may not exceed the maximum rent set forth in§280-30F in perpetuity 6. The apartment use may not be changed to another permitted use for a minimum period of eight years from the time the use receives a certificate of occupancy 7. The subject parcel,the subject building,and the apartments must remain in common ownership 8. This Special Exception Permit requires an operating permit and inspection by a Building Inspector from the Building Department that must be renewed annually.It is the applicant's responsibility to contact the Building Department on an annual basis to schedule the required inspection.Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special.Exception Permit granted herein. 9. The property owner must apply for a building permit for the approved construction within one year of the special exception approval; Page 5,January 19,2023 #7719SE,KEKJS Headquarters SCTM No. 1000-102-5-19 10. This Special Exception permit requires that the applicant complete construction on the Apartment with deck and begin the approved special exception use in compliance with the conditions imposed by the Zoning Board of Appeals within three years. 11. In accordance with the,Zoning Board of Appeals,approval shall thereafter be deemed a lawful use as if the same were permitted by this chapter-without need for a special exception permit; provided,however,that: a. All conditions imposed by the special exception approval shall continue to apply unless they, by their express terms,are of limited duration. b. All conditions imposed on special exception approval uses generally or specifically by this chapter shall continue to apply,regardless of whether any such conditions were expressly incorporated into the special exception approval. c. The Zoning Board of Appeals shall retain continuing jurisdiction over the same; d. The duration of a special exception use may be limited to a specified time period as set forth in the approval of the Zoning Board of Appeals,if the approval is silent as to the duration of the special exception use,then said use shall be in perpetuity; e. A special exception use which has been discontinued for a period of one year or more shall be deemed abandoned. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. NOTE: Violations of Conditions. A violation of any limitation or condition of a special exception approval or of any provision of this chapter applicable to a special exception use shall constitute a violation of this chapter. The Zoning Board of Appeals shall retain jurisdiction and shall have the right, after a public hearing, to modify,suspend or revoke such.approval or any term or condition thereof or to impose thereon one or more new conditions,pursuant to Article XXV,Section 280-1410 f the Town Code. Vote of the Board: Ayes: Members Weisman (Chairperson), Acampora, Dantes, Lehnert, and Planarnento(5-0). 1 •- Jslieanes eisman, Chairperson Approved for filing �' / u+ /2023- r ' SITE DATA: SCTM # 1000-102-05-19 Q DESCRIPTION: TOTAL: LOT COVERAGE: EXCAVATE: FILL: o PROPERTY: 15422.2 SQ.FT. 0.354 ACRES JAN 120,23 -�� l�5� z . o � EXISTING MAIN BUILDING: 1068.7 SQ.FT. 6.9% Z®IVL�ah��®�pOO®�� aQJQ�yyl EXISTING EXISTING EAST PORCH: 132.6 SQ.FT. 0.9% - a � EXISTING WEST PORCH: 92.3 SQ.FT. 0.6% EXISTING SHED: 250.1 SQ.FT. 1.6% E0l) EXISTING GARAGE: 585.6 SQ.FT. 3.8% - - `Z Q W (� I--I O TOTAL: 2129.3 SQ.FT. 13.8% Q N/F ORLOWSKI HB ZONE S 40017'40" E IXI nNG 0 SEPDC SYSTEM EL 3d 188.581 EL O /off cc W w (EXISTING) v • �0 32.4' TO" 00 U _ I2•Du • - - _ EXISTING T. ,� TIL POLE '1y N/F PENNEY BUILDING - A5155 HB ZONEw 62 R.1' 1 O - - O u m _yNfJ•u L/� EEI W 2O WELL `�A`A� 30.5' TE V EXISTING 2 STY. (EXISTING) `~ � ETE ' O 5 0 GARAGE 4 FRS.- ANAP °" �� V�� EXISTWG . �ti �q 4'WIDE WAU(S Z - EXISTING PARKING I a z EL3a 206.16' V REVIEWED BY 70A _ e N °13'06" W � m N - -- ---- -- -- --------- ---- - SEE � tSlON `�� ASF -- - -- 12°DIA. IXISTING PARKING EXISTING PARKING .� UTIL.POLE l2"131 EXISTING PARKING a2 UTIL POLL EXIST NG PARK NG Z N) DATED I V ap �Ii NORTH STREET `\oL\NF °I q C` - EXISTING PARKING eo/y.A• PRD1F(l'NDRTH 9 „D� a S U fn ATT 1A1 NDRTH 'F/ 104 CAF HBZONE SUFFOLK COUNTYWATER EXISTING SITE PLAN DRAWN:MH MS SCALE: 1" = 30'-0" �° .-.' SC xE 1/6/2027 SHEETNUMBE- S-1 SITE DATA: SCTM # 1000-102-05-19 DESCRIPTION: TOTAL: LOT COVERAGE: EXCAVATE: FILL: PROPERTY: 15422.2 SQ.FF. 0.362 ACRES � ESTIMATED AREA OF 7500 SQ.FT. z GROUND DISTURBANCE: O EXISTING MAIN BUILDING: 1068.7 SQ.FL. 6.9% EXISTING EXISTING EAST PORCH: 132.6 SQ.FT. 0.9% EXISTING WEST PORCH: 92.3.SQ.FF. 0.6% cn rA z EXISTING SHED: 250.1 SQ.FT. 1.6% - - EXISTING GARAGE: 585.6 SQ.FF. 3.8% A 0 N/F ORLOWSKI HBZONE SUFFOLK COUNTY WATER PROPOSED 2ND.FL.DECK: 192.0 SQ.FT. 1.21% 10 CU.YD. 5 CU.YD. S 400117'40" 1001 ° 1 11 E%Im"c `i' 40 E sEPnc sysrEm 1 Q Q Q PROPOSED SEPTIC TO REMOVE: 25 CU YD 50 CU.YD. EL 30' 1 V V.5 V 1 EL - r'5OTFENCE- - --------•---------.-.--- PROPOSED NEW SEPTIC: - - 50 CU YD- 25 CU.YD. -SILT FENCE-------------------------------ALT FE-E i PROPOSED DRYWELL: 8'dia.4'deep - 5 CU.YD. 3 CU.YD. 0 W ITEST HOLE I TOP OCATOIN I _ ICONCRETE NEW DRYWELL --- � �- W WASHOUT FORI'00 i I (EXISTING) � � �\ EXISTING: 2129.3 SQ.Ff. 13.8% - � - 32.4' 6.8 Q I I IW 9� T I ZPRO NDO FCLOOR''' ` o `Q O�- Rwc` 1 '� I PROPOSED TOTAL 2321.3 SQ.Ff. 15.011. 90 CU.YD. 83 CU.YD. N N _ 1150, P BOA 1 - 1�.plq O / TOUCH OF VENICE I I -- -- E%ISTING25TY. d - IP -- LPOLE Ty RESTURANT BUILDING / ` D5155 Q HB ZONE W Id PROPOSED J 6,p e.l' 1 FFOLKCOUNTYWATER 4'WIDE STAIR SILT FENCE ZONE 4 N/F PENNEY O - - - o o'^ _ ,- �uEN"'`w -.J �� HB ZONE F/� SILT FENCE °WELL L ! EXISTING z 30.5' T'5•- _ GARAGE _ 600 GALLONS PER DAY/ACRE ALLOWED NNN Z.5' ATE PROPOSED ADDITIO S (EXE'fl"G) Ell ' rn .32 ACRES = 216 GPD O 6ALTERATIONS I o Iry r 216X2 = 432 GPD EXISTING a�4 ARNI E(2 UR 4'WIDE WALKS , •l_�•L .. V o a �W'' IXISTING PARKING V• _ P.� ROOF- R 690 SF Z .� I EXISTINGIN ILDING OFFICEIST FLOOR = 50.34 GPD 839 SF X 6 '~ 100%RUROFF-2'RAIN/HR:115.2 CF 1 • M ' W IN e'dia,4'deep DRYWELL EL 3p• 1 �n dd (169 CF CAP.) 206.1 O 1 Il ' - ------- ------ - N 1306 W ------- --------- 1ILPO CONSTRUCTION EXISTING PARKING --- MAIN BUILDING 2ND. FLOOR = 225.00 GPD UTIL POLE PROPOSE ENTRANCE 12°alA. EXISTING PARKING ---PARKING - V v�V //2 TRELLIS W UTIL.POLE BRACKETS xl j EXISTING 2 BR APT. (742 SF) 3 =I EXISTING TWO STORY GARAGE WITH = 150.00 GPD a NORTH STREET \�oLFRy F °I PROPOSED 2ND. FLOOR 2 BR APT. qo _ ' (LESS THAN 600 SF) H \ 71/Nb I v 0 TOTAL FLOW FOR PROPOSED SITE 425.34 GPD a 425.34 IS LESS THAN ALLOWABLE 432 GPD p� x EXISTING PARKING PRDIF(T NORM ACTIAI NDRTH •�'' ASE HB ZONE �y SUFFOLK COUNTY WATER4A1 #AAP PROPOSED SITE PLAN SCALE: 1" = 30'-0" �� D OT BRAWN,MH,MS SgE 09CISION # T 1 SF , SCALE: I/6/ZOZ3 D `1TEID� , _ / SHEET NU//M��BER: �_.. . . G OP OF ROOF z W ----------------------------- - .-.-.-.-.-.- - O L/ E%ISTiNG N ASPHALT ROOF SHINGLES m m ® m imi=IAM p �C � w ° �^ o REMOVE EXISHNG SHINGLES AND REPLACE w/HARDI PLANK PAINTED WHRE(TYPICAL) momE MOOD ME= 1 -- EE®® 1313®® ®EEE `)z PROPOSED NORTH ELEVATION PROPOSE® WEST ELEVATION SCALE: 1/8" = 1'-0" 0N° SCALE: 1/8" = 1'-0" °H U FINAL- MAP REVIEWED BY ZS A ----------- — — — — SFE D C#SION # c o� Dov �u I ' •v d Efl r ' EME3 EE 000® 00®® 1300® 1313®® EXISTING WEST ELEVATION EXISTING NORTH ELEVATION SCALE: 1/8" = 1'=0" DRAWN:MH/MS SCALE: 1/8" = 1'-0" 5�: SOB#: 1/62023 SBEET NUMBER: A1 ISTINGASPHAL O W ROOF SHINGLES TO REMAIN C� G oW Qo REMOVE EXISTING SHINGLES AND REPLACE w/HARDI PSAN PAINTED"ME(TYPICAL) PROPOSED SOUTH ELEVATION P �3 ROPOSED EAST ELEVATION SCALE: 1/8" = 1'-0" z SCALE. 1/8" - l'-O" 00 IR G o --------------- — — — --------------- cP z U -- E �w3 w m m INAL MAP EVIEWED BY zf3 - u N 0 EE ODECSION # AN TED U. EXISTING EAST ELEVATION EXISTING SOUTH ELEVATION SCALE: 1/8" = 1'-0" SCALE: 1/8" = 1'-0" DRAWN:MH/MS Brar c. JOB 1/c20D SBEETNUMBM A-2 O � z4'-o" a � CIO P Z P EXISTING STAIR O W l--i H Q A H I .2YRFJ/a16'OC 1 (EXISTING) w GARAGEDO z a%W �O GO U N[� U 24'-0" 24'-0" G EXISTING 1 ST. FLOOR PLAN SCALE: 1/8" = 1'-0" v � A£ ° � �w FINAL MAP w3 UNCONDITIONED RECREATION o I CATHEDRAL CEILING I a REVIEWED BY F SEE DECISION # : DATED / )9 /_� w : d ------------------------------------------- ` 24'-0" EXISTING 2ND FLOOR PLAN SCALE: 1/8" = 1'-0" SCALIMS P-' �$� JOB k: T+. 1162033 ®_ SHEETNUMBER: z o ;14 F rr� 1-y S'-0" 16.-0" 1_ 6'-9" 6'-l" 1 1 1 1 1 I 1 1 F-i 4W Sn I DN ISR IlT 11T PROPOSED DECK ®s°. I I 193.0 SF O I I 1 1 1 1 1 • I I CXWI35 SIM.DH REUSE EXIST. UP f�r]V FGRE WINDOW O 10 n 'IIIIIIIIIIIP � O 6, II I I I 'I ;pl I I I I I Wy 1 `------- ------ ---------------------- `pl HALF BATH I DEMO STAIR _ rr o � I F• rl� B SDRNo.1 94.6.6 5E DW ®® I • Do U I I N H ® x 1 W I i U � PROPOS• 1 T_ o KITCHEN I ' r a - GARAGE/WORKSHOP N NJ I r I ---------------------- n- --_-_--- n• F O BEEIROOM o 2 IV NG M 1 ! Q 1 p d 94.611 FINAL MAP RE1/1 WED B y ' SEE DECISION A SION # � s ° � Lw3 l 24'-0" �• � w DATED F PROPOSED 2ND FLOOR PLAN PROPOSED 1ST. FLOOR P SCALE: 1/8" = 1'-0" SCALE: 1/8" = 1'-0" N N�S PROJECT NORTH E ��'% �• �r } PROJECT NORTH .. DRAWN:MH/MS •� SCALE: 70B 1 ' 3 SHEE]PNUTNUMBPR- A-4 0 1 ■ _ - i PIER(EXPOSED)FOUNDATION i Q g EXISTING SHED FOUNDATION � z SCALE: 1/8" = 1'-0" c� C° x SHED &GARAGE MAIN BUILDING FROM SOUTH N F U JI J � �g Y 2 x o a' ti r'- --_��,� UNFINISHED STORAGE N t Au' UNFINISHED STORAGE N w lot _- ♦a, V I , O w0 EXISTING SHED FLOOR PLA � 1""d a SCALE: 1/8" = 1'-0" x GARAGE FROM SOUTH SHED SHED &MAIN BUILDING FROM NORTH FI NAL MAP SITE PHOTOS REVIEWED BY ZBA DRAWN:MU \I. SEE DECISION # 7 S ' 4� S�AJ� O JOB N: ET NUNS SHEET NUMBER: DATED �-- A-5 O W 1 v v F-4 zr oW qA � d UNFINISHED BASEMENT W UNFINISHED BASEMENT I "co UP P� c ` I a�Z w� 5 L — — — — — — — — — — — - � FINAL MAP A I 1 Lw3 1 1 REVIEWED BY .Z8A 1 SEE DECISION # s DATED / U - - - - - - - - - - - - - - - - - - - , � � o EXISTING MAIN BUILDING FOUNDATION SCALE: 1/8" = 1'-0" DRAWN:NM MS SCALE: JOB R: 1/6/2023 7a. � SHEET NUMBER ---- Y A-6 i O � EX.BATH d X); .BATH ^. EXISTING BEDROOM EXISTING OFFICE EXISTING OFFICE EX.KITCHEN oN. EXISTING BEDROOM O ............... ———————————LL IN N U EXISTING OFFICE EX,LIVING ROOM UP EX.COVERED PORCH (^.5 BRICK SIDFY/ALK Go per, �2� O� a U � E a, a EXISTING MAIN BUILDING 2ND■ FLOOR EX.COVERED PORCH BRICK SIDEWALK SCALE: 1/8" = 1'-0" 6� EXISTING MAIN BUILDING 1ST FLOOR SCALE: 1/8" = 1'-0" FINAL MAP RLVIEWED , DRAWN:MH/MS B ■ ZOA SCALE: SEED 1013#: ECISION # 1 ' ETNUP '� SHEM2023 ER ` DATED , / 3 r � .v" r �►`I�s Cu(JNTY OF SUFFOLK CIECEI�E-D 22 � a I '1 �D ����•�! OFFICE OF THE COUNTY EXECUTIVE PPoals Steven Bellone r SUFFOLK COUNTY EXECUTIVE Sarah Lansdale Department of Commissioner Economic Development and Planning August 29, 2022 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal Fffe Number Nicholas Tzoumas #7717 KEKJS Headquarters LLC 460 Oyster Ponds Lane, LLC /Ffolliott 0 21 Very truly yours, By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning & Environment H.LEE DENNISON BLDG © 100 VETERANS MEMORIAL HVVY,11th FI © P.O.BOX 6100 © HAUPPAUGE,NY 11788-0099 0 (631)853-5191 FORM NO. 3 RECEIVED TOWN OF SOUTHOLD AUG 2 2 2022 BUILDING DEPARTMENT y SOUTHOLD,N.Y. Zoning Board of Appeals NOTICE OF DISAPPROVAL DATE: May 27, 2022 RENEWED: August 18,2022 TO: Mark Schwartz(KEKJS Headquarters LLC) 28495 Main Road - Cutchogue,NY 11935 Please take notice that your application dated April 15, 2022: For permit to: construct a deck addition and an accessory apartment on the second floors of a pre- existing accessory garage with a room above at: Location of property: 28495 Main Road, Cutcho ug e,NY County Tax Map No. 1000- Section 102 Block 5 Lot 19 rued herewith and disapproved on the following grounds: The proposed accessoryapartment in the accessory garage on this 15,422.2 sq. ft. parcel in the HB District is not permitted pursuant to Article X Section 280-45B(1) (refer to 280-13B(13), which states not more than one accessory apartment shall be permitted on the same lot and the owner of the premises shall occupy either the existing single-family dwelling unit or the �accessoryapartment in the detached accessory structure as the owner's principal residence. Additionally, the proposed deck addition to the accessory garage with a room above is not itted ursuant to Article XXIII Section 280-123 which states; "A non-conforming building containing a non-confonning use shall not be enlarged reconstructed, or structurally altered or moved except as set forth below: unless use of such building is changed to a conforming us." Authorized Signatu e 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. N/F PENNEY N 00 SINE o N 49'46150"E 78.00'MO r��1� 4.9' n —WOOD FENCE c/)Z o FRAME FENCE DOWN GARAGE THIS AREA W/ ROOM(S) N O � ABOVE z 5.0' O 24.2 C) ' O � I a O m �m rn 12.2' 0 1 s' N RECEIVED = m o �V o �: y I z AUG 2 2 2022 �+ 1s.s' Ir, 71 p Zoning Board of Appeals ;a - r- rr�� O 13.7 L W TWO STORY CONCRETE o fn RESIDENCE N A 22.3' 3.1' COVERED PORCH 2.3' 20.5' COVERED PORC7 0 C Nc fv Do O p 00 0) Do .05,50„ �S S 37 �O A SURVEY OF DESCRIBED PROPERTY SITUATE CUTCHOGUE, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED FOR: MARK K. SCHWARTZ LAUREN J. PRAUS SURVEYED: 18 APRIL 2006 TM# 1000-102-05-019 GUARANTEED TO: SCALE 1"= 30' MARK K. SCHWARTZ LAUREN J. PRAUS AREA = 15,419 S.F. KEKJS HEADQUARTERS, LLC OR FIDELITY NATIONAL TITLE INS. CO. 0.354 ACRES GUARANTEES INDICATED HERE ON SHALL RUN SURVEYED BY ONLY TO THE FR WHIS PREPARED, ANDSON ON HIS BEEHAALLFTO S7HEURVEY STANLEY J. ISAKSEN, JR. 777LE COMPANY LENDING I STITUAOGOVERNMENTAL FISTED HEREON, AND P.O. BOX 294 TO THE ASSIGNEES OF THE LENDING INS77TU7I0N. NEW SUFFOLK. N.Y. 11956 GUARANTEES ARE NOT TRANSFERABLE TO ADDITIONAL INS77TU77ONS OR SUBSEQUENT OWNERS 631-734-5835 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. ------------------- COPIES OF THIS SURVEY MAP NOT BEARING LICENSED LAND SURVEYOR THE LAND SURVEYORS EMBOSSED SEAL SHALL NYS Lic. No. 49273 06R 1494 NOT BE CONSIDERED TO BE A VALID TRUE COPY. 1. 13 DEC 06 CORRECT BRG ALONG MAIN ROAD. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD,NEW YORK RECEIVED Phone(631)765-1809 (631)765-9064 APPLICATION FOR SPECIAL EXCEPTION AUG 2 2 2022 Applicatio No. L �eals Date Filed zoning /� TO THE ZONING BOARD OF APPEALS, SOUTHOLD,NEW YORK: pp Applicant(s), �G 155 1-1-�c�cic�y o�,/r� of Parcel Location: House No.�rStreet �y lQ(y Rc)gd/J Hamlet Contact phone numbers: b J SCTM 1000 Section 10 Z Block 5 Lot(s) Lot Size f� one District H 62), hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE,ARTICLE ZOO ,SECTION SUBSECTION 113� G(� for the following uses and purposes: ( y"tmLyct oveir "—,4" �Wp —ca-y-o r�- as shown on the attached survey/site plan drawn to scale. Site Plan review [ ]IS or [JIS NOT required. A. Statement of Ownership and Interest: / 1 � �.n �s(are)the owner(s)of property known and referred to as Z�?Y(� �S 2�- � Ge417.14 z 7 lf%_ (House No., Street,Hamlet) identified on the Suffolk County Tax Maps as District 1000,Section (�7_ ,Block ,Lot H ,and shown on the attached deed. The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: ce74*cW � 2. C. The property which is subject of this application is zoned and[ ✓]is consistent with the use(s)described in the CO(attach copy),or [ ]is not consistent with the CO being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) ss.: STATE OF NEW YORK) (Signa re Sworn to before me this (0 day of OQVqu S t- 32022 K4A % . i)g� (Notary Public) KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01DE6420156 Qualified In Suffolk County My Commission Expires 09-02-2025 ZONING BOARD OF APPEALS TOWN OF SOUTHOLLD, NEW YORK APPLICATION FOR A SPECIAL EXCEPTION RECEIVED PAGE 2 AUG 2 2 2022 q-'1 9 Zoning Board of Appeals Property zoned: HB 280-45 (B) (11) Conversion of existing building to apartment A. The use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts BECAUSE: The existing structure was constructed prior to zoning and the second floor of the interior of the structure is open and available to add living space. B. That the use will not prevent the orderly and reasonable use or permitted or legally established uses in the district wherein the proposed use is to be located or adjacent use districts: The district is Hamlet Business,the subject parcel contains a house converted to a professional office on the first floor and apartment on the second floor. The adjacent properties are local businesses. Most of these commercial uses operate weekly from 9 am to 5 pm, an apartment would most likely be occupied after business hours. Therefore,a residential apartment would complement the hours of operation for the surrounding commercial offices and support the local businesses. C. That the safety,the health,the welfare,the comfort,the convenience or the order of the town will not be adversely affected by the proposed use and its location: The property is improved,an additional apartment would fit the mixed uses in HB and the use is urgently needed. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. The use is a permitted use, subject to a Special Use Permit. The Town Code allows up to 6 apartments. 2 apartments on this parcel are a reasonable request. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. The scale of this apartment for the interior space of an existing structure will retain the residential look and character of the street. The use is on the same parcel as the owner's business(architect's office) and management of the property is in the control of the owner. F. That all proposed structures, equipment and material shall be readily accessible for fire& police protection. The subject property,from the outside,will continue to appear the same. The residential apartment will not change the general character of the property and the improvements to the interior will be updated and safe. G. The proposed shall comply with the requirements of Chapter 236,Storm-water Management Because: The property is developed with an existing structure. The building department will review the drainage requirements of the property. FRECEIVED AUG 2 2 2022 Zoning Board of Appeals RECEIVED AUG �2'22 2,0222 Zoning Board of 1 S� ppeals OPERATING AGREEMENT OF XERJS HEADQUARTERS, LLC LARK & FOLTS ATTORNEYS AT LAW 28785 MAIN ROAD-P.O. BOX 973 CUTCHOGUE,NY 11935-0973 (631)734-6807 RECEIVED OPERATING AGREEMENT or AUG 2 2 2022 KEKJS HEADQUARTERS, LLC '4 11-M S� Zoning Board of Appeals This Operating Agreement (this "Agreement") of KEKJS HEADQUARTERS, LLC is entered into by MARK K. SCHWARTZ, residing at 375 Fisherman' s Beach Road, Cutchogue, New York 11935, and LAUREN J. PRAUS, residing at 375 Fisherman' s Beach Road, Cutchogue, New York 11935 (each, a "Member" and collectively, the "Members") . The Members have formed a limited liability company pursuant to and in accordance with the Limited Liability Company Law of the State. of New York, as amended from time to time (the "LLCL") , and hereby agree as follows: 1. Name. The name of the limited liability company is KEKJS Headquarters, LLC (the "Company") . 2 . Term. The LLC commenced on April 4, 2006, the date of the filing of the Articles of Organization, and the term of the Company shall continue until the dissolution of the LLC as provided by law. . 3. Principal Office. The principal office of the Company shall be located at 28495 Main Road, P. O. Box 933, Cutchogue, New York 11935. The Company shall have such other offices as determined by the Members. 4. Purpose. The Company is formed for the purpose of aingg engaging in -any lawful act or activity for which limi6 eals liability companies may be formed under the LLCL, inc owning, developing and managing real property, and engaging in any and all activities necessary or incidental to the foregoing. 5 . Members. The name and the residence address of the Members are as follows: Name Address Mark K. Schwartz 375 Fisherman' s Beach Road Cutchogue, NY 11935 Lauren J. 'Praus 375 Fisherman' s Beach Road Cutchogue, NY 11935 6. Managers. The business and affairs of the Company shall be managed by Mark K. Schwartz and Lauren J. Praus, who shall serve as Managers until removed as permitted by the LLCL. 7. Powers. The Managers shall have the power to do any and all acts necessary or convenient to or for the furtherance of the purposes described herein, including all powers, statutory or otherwise, possessed by members under the LLCL. No Member shall undertake any act or assert authority to act on behalf of the Company unless such Member is a Manager. 8. Books and Records; Capital Contributions. The books and records of the Company shall be kept at the principal office of the Company, or such other address as authorized by the Managers. The initial Capital Contribution of the Company by the Members and their Percentage Interests shall be as set forth on Schedule -2- RECEIVED AUG 2 2 20222 A annexed hereto. zonin , /`S� 9 Board of Appeals 9. Additional Contributions. No Member is required to make any additional capital contribution to the Company. 10 . Distributions. Distributions shall be made to the Members at the times and in the aggregate amounts determined by the Managers. 11. Assignments. A Member may not assign in whole or in part his or her limited liability company interest, unless the Managers and non-assigning Members consent. 12. *±thdrawal of a Member. A Member may withdraw from. the Company in accordance with the LLCL. 13. Admission of Additional Members. One (1) or more additional members of the Company may be admitted to the Company with the consent of a majority of the Members. 14 . Indemnity of Managers. The Company shall have the power to indemnify, to the full extent permitted by the LLCL, as amended from time to time, all persons whom it is permitted to indemnify pursuant thereto, including but not limited to the Managers. 15. Liability of Members. The Members shall not have any liability for the obligations or liabilities of the Company except to the extent provided in the LLCL. 16. Governing Law. This Agreement shall be governed by, and construed under, the laws of the State of New York, all -3- RECEIVEn rights and remedies being governed by said laws. AUG 2 2 2022�g5_9 Zoning Board of Appeals IN WITNESS WHEREOF, the undersigned, intend'ng to he IeO� bound hereby, have duly executed this Operating Agreement as of the 3rd day of May, 2006. Mark K. Schwar z' LaurerrJ. Praus STATE OF NEW YORK: ss. . COUNTY OF SUFFOLK: On the 3rd day of May, in the year 2006, before me, the undersigned, personally -appeared MARK K. SCHWARTZ personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the persons upon behalf of which the individual acted, executed the instrument. r N ary Public MARY LOU FOl.78 STATE OF NEW YORK: StsitdNawYork No Al . 0008b8-SaRolc ss. : CommWlen Expires Mar.s0,�,�, COUNTY OF 'SUFFOLK: On the 3rd day of May, in the year 2006, before me, the undersigned, personally appeared LAUREN J. PRAUS personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same. in her capacity, and that by her signature on the instrument, the individual or the persons upon behalf of which the individual acted, executed the instrument. No ry Public MAgY WU FOLTS Notary PWft State d Naw YWk No 01 F010008W-Sd*Cowl Commission Expires Mar.30,2W 617.20 RECEIVED Appendix B Short Environmental Assessment Form AUG 2, 22 2022 Instructions for Completing Zoning Board f App ppeats 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: K IAC& Project Location(describe,and attach a location map): Brief Description of Proposed Action: �-5 _ l 9 fern v ?-�a -�roor a yr - �v� �celvfir�r�` Name of Applicant or Sponsor: Telephone:07 --7-7 _ q �- U0.1K'�S L'LC' E-Mail: w Th Address: City/PO: V-e State:� Zip Code: _ 1.Does the proposed action only inv lve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: H p�+. X 3.a.Total acreage of the site of the proposed action? � Z?i es b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)ownedjr or controlled by the applicant or project sponsor? I >!�aert-s� 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑ Commercial 'Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? RECEIVED b.Consistent with the adopted comprehensive plan? 222 AIM 6. Is the proposed action consistent with the predominant chacter of the existing built or n tural NO YES landscape? ea lS Board of App 7. Is the site of the proposed action located in,or does it adjoi ,a s ica Environmental Area? NO YES If Yes,identify: Y 1�- 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: _T 12>�) 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 NOYES 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? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑ Forest �❑ gricultural/grasslands ❑Early mid-successional ❑ Wetland 11 Urban 17Suburban 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? /` 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, —/ a.Will storm water discharges flow to adjacent properties? 0'NO ❑YES X b.Will storm water discharges be directed to established conveyance systems(run f and storm drains)? If Yes,briefly describe: O ❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the im oundimmitJ NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? RECEIVED If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the Location ofan act'veo cl,5g(S NO YES solid waste management facility? ning an of �pp If Yes,describe: \ _ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE q. Applicant/sponsor name �Cr Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 `f No,or Moderate small to large AUG 2 2 2022 impact impact S may may n Board of Appeals occur occur ' 7nn 10. Will the proposed action result in an increase in the potentialmg or amage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 ZE QUESTIONNAIRE SPECIAL EXCEPTION FOR FILING WITH YOUR ZBA APPLICATION/ Zonin , 1. Hasa determination been made regarding Site Plan review? ./Yes If no,please inquiry with the ZBA office and if site plan is required,you may apply to the Planning Dept. at the same time so both applications can be reviewed concurrently. 2. Are there any proposals to change or alter land contours? a. �No Yes please explain on attached sheet. 3. Are there areas that contain sand or wetland grasses? WO a. 2.)Are those areas shown on the survey submitted with this application? �-SIA _ b. 3.)Is the property bul(headed between the wetlands area and the upland building area? c. 4.)If your property contains wetlands or pond areas,have youc ntacted the Office of the Town trustees for its determination of jurisdiction?N1 Please confirm status of your inquiry or application with the trustees: and if issued,please attach copies of permit with conditions and approved survey. 4. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO 5. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? &�Please show area of the structures on a diagram if any exist or state none on the above line. 6. Do you have any construction taking place at this time concerning your premises? ty') f yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: 7. 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 obtain copies of them. 8. Do you or any co-owner also own other land adjoining or close to this parcel?_t4'6 If yes,please label the proximity of your lands on your survey. r� 9. Please list present use or operations conducted at this parcel6(�c-& 1,f/ OUJ PCr A_j . 4 and the proposed use 7,nJ ocyr �-,�ea.i�h/ (ex:existing single family,proposed:same with Wage,pool Nother or vacant proposed office N#ith apartments above,etc.) Auth6rizSd,KKnature and Date 1 FORM NO. 4 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspector AUG 2 2 2022 Town Hall Southold, N.Y. �' �' Zoning Board of A ppeals PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 31629 Date: 06/22/06 THIS CERTIFIES that the building DWELLING Location of Property 28495 MAIN RD CUTCHO,GUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 102 Block 0005 Lot 019 Subdivision Filed Map No. Lot No conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 31629 dated JUNE 22, 2006 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING & BEAUTY PARLOR WITH ACCESSORY GARAGE AND ACCESSORY STORAGE SHED* The certificate is issued to BENTON P. FASANO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL MIA R . CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. Aut orized Signature Rev. 1/81 d+ ` . . � � ■ ISI ' /� �F "RI w- - :.r,, i �/•,� ' - "ear_' .... '. �x FYI fi J/1 .. ic.iQlC y�yq Ako 4w .:: • • to tN. ^�� �t �,1ii aD' �x✓ A u A ?,may JG ` ,��, I �.► �- � M "� a .:'aye I / � a, I !. �p{��.. .:�• .�� ` � _ ��'� !� :1., .It-s,.. n ,... ......,yam .'. .- ,.....♦.:....,.yam.. _ .... 1 , Q D N Ct< J Ai (. > N p f o _ N t S � ' 11 1 �6 R% Z�<< 2 n 0 °� w a , t . { i � f S • NINO .:L I GUJ j " co ou O ^ a 1 i APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the hart of town officers and employees.The Purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME• 6C if •(Last name,first name,middle initial,unl ss you are app ing 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) RECEIVE® Tax grievance Building Permit Variance Trustee Permit AUG 2 2 2022 Change of Zone Coastal Erosion q ppro _411 of Plat Mooring /S �eractivity) _ j X U Z'%6rcle zi oj Planning Ming Board of Appeals 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 iq which the town officer or employee owns more than.5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of 20p-,- Signature Print Name HA /�1 /� EC -:SC�ft�e'7TZ, AGENTIREPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoi nme. YOUR NAME- G kAA,Lt C— M nnr" - .(Last name,first name,middle initial,unless you are applying in the name df 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) RECEIVED Tax grievance Building Permit AUG 2 2 2022 Variance Trustee Permit s Change of Zone Coastal Erosion '�_R1 9s Approval of Plat Mooring Zoning Board of Appeals Other(activity) V A"1 e- � Planning _ Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the appheant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day f 20 c ` Signature/ Print Name eat Ge Gi ���� Board of Zoning Appeals Application RECEIVED AUG 2 2 2022 AUTHORIZATION 5a (Where the Applicant is not the Owner) [Zoning Board of Appeals I, residing at ZS MA'/oJ 2 Y (Print property owner's name) (Mailing Address) 9�1Q/TG#V(�-do hereby authorize'F� i -ct V00 (Agent) l 10 MA(l J M/ to apply for variance(s).on my behalf from the Southold Zoning Board of Appeals. (Owner's Si ature) HA(2r gqj!A�TZ, (Print Owner's Nam RECEIVED AGRICULTURAL DATA STATEMENT [Zoning AUG 2 2 2022 ZONING BOARD OF APPEALS S TOWN OF SOUTHOLD Board of ii,l��F 1, WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: S • '-en j r, ,;—ai 2. Address of Applicant: 7; a I C 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: s3 0�c tL(2 i tr- i nh aya � l� 3 � 6. Location of Property: (road and Tax map number -ro - .,.-- — 1 9' 7. Is the parcel within 500 feet of a farm operation? { } Yes { } No 8. Is this parcel actively farmed? { } Yes v No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 13-2- - W1CK",u114, -(a ,iraj LLC. - 2'�1X"' R+ ,Z5, P6B6xc)2s-. tutcho c;e• 2.102. — z0 2 WT 6C.,rn Frcw01nA LU, ZSi70 C4 IS, N(,�tAga Iith1~ . 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) 1 i 2-c 2z..._- 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. Town of Southold l LWRP CONSISTENCY ASSESSMENT FORM R Vevihis A. INSTRUCTIONS AUG 1. All applicants for permits* including Town of Southold agencies, �afln or proposed actions that are subject to the Town of Southold Waterfront Consistency assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the' LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# (OZ, - E) - The Application has been submitted to(check appropriate response): Town Board © Planning Dept. 0 Building Dept. '0 Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval,license,certification: Nature and extent of action: rr� Location of action: \3,4 LIS"' Site acreage: -u— RECEIVED AUG 2 2 2022 Present land use: GL �� S Present zoning classification: Zoning Boar of Appeals 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: Ke IL�c�D ±-e—c-6q(juu/-(cys--- (b) Mailing address: 4< cl Ts— IL C Aja, v�, r 1 9y15- (c) Telephone number: Area Code( -7F2 Lf -- l �� (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No`PMJ If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. ` Yes ❑ No ❑ Not Applicable ens U-ag- G44"a ha Im I let- 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 11 Yes ❑ No Ex Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the own p Id. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria RECEQVED 1X19 515 LN Yes 0 No 0 Not Applicable AUG 2 2 2022 " l nArd of Appeals fN JPrA AAA 10 Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, .structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes 0 No N Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria Yes 11 No 0 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. 0 Yes No Not Applicable t., RECEIVE® AUG 2 2 2022 Zoning Board of Appeals Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No�Q Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No 14 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. ❑ YeL:1 No f� Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III-Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No Not Applicable RECEIVE® 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. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LNVRP Section III —Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No�O Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable Created on 512510511:20 AM TO WoDjl � JTHOL® PROPERTY RECORD CAR® OWNER STREET VILLAGE DIST SUB. LOT -' --- --- FORMER OWNER N E ACR. A/ A) G �A (�Q S W TYPE OF BUILDING ;ES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value D IMP. TOTAL DATE REMARKS,,//, 2,,/ % c;'.—c:I�; ,,.,Sri;'.__� ✓ -, � �`, '.�.� ''j � f �`. .. _—_ 75T/llO `t CX."1 i— Cly ` �' h `.�- t,t<'rilfl =*x l•_���- ��' *` AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value �. Acre Fill 1 Fillable 2 "illable __.3 N -- Voodland w a Uj ,wompinnd ¢ v, FRONTAGE ON WATER :rushland N FRONTAGE ON ROAD r iouse Plot DEPTH r-v BULKHEAD 'otaI DOCK �N� MEN I AMU-, -; ■■■■ ■ ■■f■■ ■ ONE ■■■■■ ■■■■■ I ■ ■■■■■■■■■ No No ■■ ■ ■ ■ ■■■■■■■ . ■■■■ ■■■mom NONE No ■■■■■■ ■ ■■ ■■■■ MINE ■■ ■ ■�■■■ ■■ ■■■ ■■ ■ Ext. \A Interior Finish Fire Place Type Roof Recreation Roorr Rooms 2nd Floo Dormer Driveway ' I■II■I-_ r I■ • ZBA CHECK FEES = 2022 Funding Account - B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 8/22/2022 Meringer,Amos 7716 $1,250.00 5198 8/26/2022 8/19/2022 Harbes Family Trust 7715 $250.00 576 8/26/2022 8/23/2022 Tzoumas, Nicholas 7717 $1,000.00 1325 8/26/2022 8/24/202Q2 +� 1--q!3_ ..— � 8/26/2022 8/25/2022"460 Oyster Ponds Lane, LLC 7721 $1,000.00 1154 8/26/2022 $4,500.00 t �-7 if RECEIVED UG 2 6 2022 ®u 0 d.®wn Clerk 50-7911214 4230 MARK K. SCHWARTZ AIA ARCHITECT PLLC / P.O. BOX 933 Y8 `-7 20-� C' CUTCHOGUE NEW YORK 11935 13AYTOTHE ORIDER OF ( I� w F, 0:, J(c". C M-� � (t� DOLLARS CAPITAL ONE BANK CAPITAL ONE, N.A. FOR '�46F�--S S -------- --- - --- -------- --- ---- ------ fd+1 ' -�Fown of Southold ' P.O Box 1179 Southold, NY 11971 * * * RECEIPT Date: 08/26/22 Receipt#: 305325 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7718-7719se $1,000.00 Total Paid: $1,000.00 Notes: Payment Type Amount Paid By CK#4230 $1,000.00 Schwartz, Mark Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Schwartz, Mark Po Box 933 Cutchogue, NY 11935 Clerk ID: LYNDAR Internal ID:7718-7719s e ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF KEKJS HEADQUARTERS LLC MAILINGS Appeal # 7719SE V11ffy-4TS SCTM Parcel #1000-102.-5-19 ----------------------------------------------- -x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Jaimie Lengyel, residing at Cutchogue, New York, being duly sworn, depose and say that: On the 19th day of December, 2022, 1 personally mailed a true copy of the Notice set forth in the Zoning Board of Appeals Application, directed to each of the persons listed on the attached list at the addresses set below.their respective names; that the addresses set below the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said notices were mailed at the United States Post Office at Southold, New York, that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. Jaimie Lengye Sworn to before me this 19th day of December, 2022 " i (Notary Publi KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 KEKJS HEADQUARTERS LLC #7719 SE mailing list 102.-6-18.1 102.-5-18 Off Fairway Inc DRD LLC c/o John Abbott 295 Kings Point Rd PO Box 193 East Hampton, NY 11937 Mattituck, NY 11952 102.-6-23.2 102.-5-20 Wickham Farmland LLC Paul C. & Margaret C. Jablonski PO Box 928 1070 Waverly Ave Cutchogue, NY 11935 Holtsville, NY 11742 102.-6-20.2 Wickham Farmland LLC PO Box 928 Cutchogue, NY 11935 102.-5-7 Nancy B. Marschean PO Box 246 Cutchogue, NY 11935 RECEIPT -BIDT ';EIPT 9214 7902 7906 6900 0024 16 9214 7902 7906 6900 0024 54 921 a 1902 7906 6900 0024 23 FROM: FROM: FROM: Moore Law Offices Moore Law Offices Moore Law Offices RE:SCHWARTZ#7719 SE RE:SCHWARTZ#7719 SE RE:SCHWARTZ#7719 SE SEND TO: SEND TO: SEND TO: Off Fairway Inc Nancy B.Marschean Wickham Farmland LLC Go John Abbott PO Box 246 PO Box 928 PO Box 193 Cutchogue NY 11935 Cutchogue NY 11935 Mattituck NY 11952 FEES: 0.81 FEES: FEES:;`^�' 1.`0 ",..- Postage ____ Postage\Fe- 0.81° Postage'"ti• 081 Certified Fee`s 4; Y•,' 4.00 Certifed e 400- Certified Feev SOo`F 4.00 Return Receipt. ��.`3.25.- Retum Receipt 325 Return-Receipt '" ,,3.25 Restricted' - ``'��. Restricted'✓� w N F \` - f I ^, I— Rastr ted 1 TOTAL $8.06 TOTAL !`$%8?06' rTOTAL' $8.06 POSTMARK ORjD�TE POS_TMARK_OR DATE POSTMARKZO DATE l RECEIPT -,__-- RECEIPT 9214 7902 7906 6900 0024 78 RECEIPT 9214 7902 7906 6900 0024 30 FROM: 9214 7902 7906 6900 0024 61 FROM: Moore Law Offices FROM: - Moore Law Offices RE:SCHWARTZ#7719 SE Moore Law Offices RE:SCHWARTZ#7719 SE RE:SCHWARTZ#7719 SE SEND TO: SEND TO: Paul C.&Margaret C.Jablonski SEND TO: Wickham Farmland LLC 1070 Waverly Ave DRD LLC PO Box 928 Holtsville NY 11742 295 Kings Point Rd Cutchogue NY 11935 East Hampton NY 11937 FEES: FEES: Postage 0.81 FEES: Postage 0.81 Certified Fee 4.00 Certified Fee 4.00 Postage 0.81 Return 3.25 Certified Fee 4.00 Returr;Receiptj50�S 325 Rest nctedS0� Return Receipt 3.25 Restricteif b �� R S` Restricted--- 4) CQTAL $'8.06 TOTAL $866` , ��$8.06 1>, 1 -POSTMARK OR DATE f` :TOTA6�c POSTMARK OR DATE r r J� r' �' o -0 STMARK�OR DATE r' fAl e . . • -� I A. Signature ❑Agent LAW OFFICES ❑Addressee 51020 MAIN ROAD X S 0 U T H'O L D NY 11971 - B. Received by(Printed ame) . . C. Da of Del'very 1. Article Addressed to: D. Is delivery address different fr item 1? ❑, es If YES,enter delivery addre s below: ❑No OFF FAI'R'WAY INC" P:O ;O )R 'i NY.=r.:��3�52a . I III I 9 I IIIIII�III IIIIIIIIII IIIIII� 6IIIOIIIII 92-90- 9902 7906 6400 0024 10 2. Article,Number(Transfer from service label) 3. Service Type ®Certified MaiIO RestrictedCertlfied Deli ery 9214 7902 '7906 ,6900 0024 16 Domestic Return Receipt EPIS►Form E3811r F�acsimil`e,1.duly 2bi1i51 i F� - 5 o . E3 Agent t;r A. Signature MOORE CAW OFFICu�S Addressee 51220 MAIN ROAD X ' S 0 U T H 0 L D NY 11,971 B. jocelved by(Printed Name) C. Date of Delivery 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: ❑No DRD -LLC, 295 KINGS POINT RD EAST HAMPTON NY 11937 1 IMI IIIIII 96111 .. IIIIII IIII IIII IIII 9290 9902 7906 6,900 0024 65 2. Article Number(Transfer from service label) 3. Service Type ®Certified Mail®• ❑Certified WHO Restricted Delivery 9214 79,02-. 7906 .6900 0024 61, July 2015 Domestic Return Receipt PS Form 3811 Facsimile, e � • e . 0 Agent A. Si ature MOORE LAW OFFICES'_ ❑Addressee 51'020 -MAIN ROAD X C S O U T H O L D .N Y 11971 B. eived by(P ed Name) C.1.Date of 9elivery �Jl qA D. Is delivery address different from item I' L-1LLYes 1. Article Addressed to: If YES,enter delivery address below:"'❑No PAUL C• ARGARET C• JABLO SKI 1070 WY AVE HOLTSVILQE NY 11742 1 - VIII VIII - � IIIIIIIIIII VIII III IIII VIII III 1 -9290 9902 7.906 6900 0024 72 2. Article Number(Transfer from service label) 3. Service Type Certified Mail® ❑Certified Mail® Restricted Delivery 9214. 7902 '7906 6900 0024 78 PS o m 3811 F csi it aul 20151 1 Domestic Return Receipt ZONING BOARD OF APPEALS TOWN- -OF SOUTHOLD: NEW YORK-------------X S9 --------- ---- ----------------------------------- �'� L� In the Matter of the Application of AFFIDAVIT OF POSTING #7719SE Regarding Posting of Sign Upon Applicant's Land Identified as 1000-102.-5-19 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Lauren Praus, of Cutchogue, New York, being duly sworn, depose and say that: On the 22nd day of December, 2022, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, January 5, 202 at 10:20am. Lauren Praus Sworn to before me this Lf day of j �� ZvZ3 otary Pu BYA,PERKINS Notary ublic,State of New York No. 01 PE6130636 oualified in Suffolk Count* Commission Expires July 18,.Ge_2,Sr ® e v���qc6 ' . l t AX..Si n(la`tu`r�e , gent MOORE LAWiOFiFIJCESj1 ddressee 51020 MAIN ROAD i SOUTHOLD NY 11971 B. Received by(Printed Name) C. gate of Delivery •- 1, Article Addressed to: D. Is dddress different from item 1? 0 Yes y If YES,.ente`r`delivery,address below: 13 No I) NANCY B• MARSCHEAN _ ,�,,• l ` PO BOX 241;6Y,;��` i 1 (I CUTCHOGUE NY 11935 r 61011C1191111e1AG�l I ill�rll llllllll�l X11911 9290 9902 7906 6900 0024 58 } 2. Article Number(Transfer from service label) 3- Service Type N Certified Mail® D Certified Mail® 1214 7902 7906 6900 0024 54 Restricted Delivery PS Form 3811 Facsimile,.July 2015 Domestic Return Receipt 10 P 0 A. Signature ❑Agent MOORE LAW OFFICES � 8 �, _ ❑Addressee 51020 MAIN ROAD X � -• 1c S 0 U T H 0 L D NY 11971 B. Received by(Printed Name) C. Date of Delivery, (. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes I If YES,enter delivery address below: ❑No WI.CKHAM FARMLAND LLC PO-BOX 928 CUTCHOGUE NY 11935 i r . II 11110-1111NN1111thill � 929'0 9902 7906 6900 0024 27 2. Article Number(Transfer from service label) 3. Service Type:.®.Certified Mall0' ❑Certified-Mail(R) 9214 7902 7906 6900 0024 23 1 Restricted Delivery PS Form 3811 Facsimile, July 2015 Domestic Return Receipt D ® 0 0 ®Me D A: Signature ❑Agent MOORE L-AW OFFICES , 1 p ❑Addressee 51020 MAIN ROAD X ,SOUTHO'L•D NY 11971 B. Received by(Printed Name) C. Date of Delivery I 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No . WICKHAM FARMLAND LLC PO BOX 928 CUTCHOGUE NY 11935 • I �I��19I�I III�II�B61111 I�II�1019��III9�Il91I - - 9290 9902 7906 6900 0024 34 2. Article Number(Transfer from service label) jr3. Service Type N Certified Mail(D D Certified Mail® 9214 7902 7906 6900 0024 30 Restricted Delivery r 3° PS Form,3,8i1, 1,1 Facsiri�e,t.�ulyi2015�> Domestic Return Receipt �T J)y � Id kr • - � �_ res LIE .Y .. `n[.4•. Iry T ww c Ae ?��� f '� t �� {'�� �D � ��.v 1} Y. � •� e� Fps +. '�- -•� A•_'t• .J /fij � I,,S � nM i l ;�"� �Tom,:. �,S �e ti._ `X & — -- d11f4253-4e65-4a2d-96f7-6da35e1f8a88 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,JANUARY 5,2023'at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN,pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold,the following"IN PERSON"public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall,53095 Main Road,Southold,New York 11971-0959,on THURSDAY,JANUARY 5,2023: The public may ALSO have access to view,listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10:00 A.M.-SHEILA STOLTZ#7699—(Adjourned from November 3,2022)Request for Variances from Article XXIII,Section 280-124;and the Building Inspector's May 12,2022 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a new single family dwelling with a habitable third story;at;1) located less than the code required minimum-front yard setback of 40 feet;2)located less than the code required minimum rear yard setback of 50 feet;3)more than the code permitted maximum lot coverage of 20%;4)exceeds maximum permitted stories of two and one half(2%);located at:2025 Smith Road, Peconic,NY.SCTM No.1000-98-4-19.2. 10:10 A.M.-KEKJS HEADQUARTERS, LLC#7718-Request for a Variance from Article XXIII,Section 280- 123 and the Building Inspector's August 18, 2022 Notice of Disapproval based on an application for a permit to construct a deck addition and an accessory apartment on the second floors of a pre-existing accessory garage with a room above,at;1) a non-conforming building containing a non-conforming use shall not be enlarged,reconstructed,structurally altered or moved,unless such building is changed to a conforming use;at:28495 Main Road,Cutchogue, NY.SCTM No.1000-102-5-19. 10:20 A.M.-KEKJS HEADQUARTERS, LLC fgGE995 M- Request a Reversal of the Building Inspector's August 18,2022 Notice of Disapproval relating to Town Code Article X,Section 280-45B(1);Article 111,Section 280-13B(13) based on an application for a permit to construct a deck addition and an accessory apartment on the second floors of a pre-existing accessory garage with a room above,and to request a Special Exception pursuant to Article X,Section 280-45B(11)for a Conversion of an existing building to apartments as set forth in and regulated by Article VII,Section 280-38B(6)of the Residential Office District;located at 28495 Main Road,Cutchogue, NY. SCTM No.1000-102-5-19. SOUTHOLD TOWN BD OF APPLS 2 I � d11f4253-4e65-4a2d-96f7-6da35e1f8a88 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 10:30 A.M.-SAM ORLOFSKY#7720-Request for Variances from Article XXII,Section.280-116A(1); Article XXIII,Section 280-124;and the Building . Inspector's August 12,2022,Amended August 25,2022 Notice of Disapproval based on an application for a permit to construct deck additions to an existing family dwelling at;1) located less than the minimum code required 100 feet from the top of the bluff;2) more than the code permitted maximum lot coverage of 20%;located at:18575 Soundview Avenue,Southold,NY.SCTM No.51-1-12. 10:40 A.M.-460 OYSTER PONDS LANE,LLC;ANN G.FFOLLIOTT#7721-Request for Variances from Article III,Section 280-14 and the Building Inspector's July 15,2022 Notice of Disapproval based on an application for a permit for a lot line change to create two nonconforming lots;1)lots #1 proposed at less than the code required minimum lot size of 40,000 sq.ft. in area;2) lot#1 proposed at less than the code required _ minimum lot width of 150 feet;3)lot#2 proposed at less than the code required minimum lot depth of . 175 feet;located at:510 and 390 Oyster Ponds Lane,Orient,NY.SCTM No:1000-24-1-4.1 and 1000-24-1-2. 10:50 A.M.-PATRICIA AND ARGYRIS DELLAPORTAS #7676—(Adjourned from October 6,2022)Request for a Variance from Article III,Section 280-15 and Building Inspector's May 10,2022 Notice of Disapproval based on an application for a permit to legalize an"as built"accessory building;1)located less than the code required minimum rear yard property line setback of 10 feet; located at:7970 Main Road,East Marion,NY. SCTM No. 1000-31-6-32.1. 11:00 A.M.-NICHOLAS TZOUMAS#7717-Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's July 21,2022 Notice of Disapproval based on an application_ for a permit to construct a second floor addition to an existing single family dwelling.at;1)less than the code required minimum front yard setback of 35 feet;2)less than the code required minimum rear yard setback of 35 feet located at:35 Clark Road,Southold, NY.SCTM No.51-3-26. 1:00 P.M.-FRITZE FISHERS,LLC#7725-Request for a Variance from Article III,Section 280-14;and the Building Inspector's July 25,2022, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling at;1) located less than the code required minimum front-yard setback of 60 feet; located at:560 North Hill Road/Crescent Avenue,(adj.to Hay Harbor) Fishers Island,NY.SCTM No.6-1-4.3. 1:10 P.M.-THE GAINES GWATHMEY FAMILY 2012 TRUST#7695-Request for Variances from Article 111, Section 280-14;and the Building Inspector's May 24,2022 Notice of Disapproval based on an application for a permit for a lot line change,at; 1)Lot 1&2 measuring less than the minimum code required lot size of 120,000 sq.ft.;2)Lot 1 measuring less than the code required minimum lot width of 200 feet;3)Lot 1&2 measuring less than the minimum lot depth of 300 feet;located at: East End Road&137 Pheasant Drive, (Adj.to East Harbor)Fishers Island,NY. SCTM No. 1000-5-2-2&1000-5-2-3. SOUTHOLD TOWN BD OF APPLS 3 Y d11f4253-4e65-4a2d-96f7-6da35e1f8a88 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 1:20 P.M.-NICOLE ECKSTROM AND CARLOS SAAVEDRA#7722-Request for a Variance from Article XXIII,Section 280-123 and the Building Inspector's July 6,2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing accessory garage at;1)a non-conforming building containing a non-conforming use shall not be enlarged,reconstructed,structurally altered or moved, unless such building is changed to a conforming use; located at:590 Haywaters Drive, Cutchogue, NY.SCTM No.104-5-22. 1:30 P.M.-JEANNE AND JOSE CASTANO#7724-Request for a Variance from Article XXIII,Section 280- 124; and the Building Inspector's August 11,2022,Notice of Disapproval based on an application for a permit to demolish(as per Town Code definition)and reconstruct a single family dwelling at;1)located less than the code required minimum rear yard setback of 35 feet;located at: 1700 Grathwohl Road, New Suffolk,NY. SCTM No. 1000-117-4-3. 1:40 P.M.—CINTHIA THORP#7733-Request for Variances from Article XXIII,Section 280-124;and the Building Inspector's September 12,2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling,at; 1) located less than the code required minimum side yard setback of 10 feet;2) located less than the code required minimum combined side yard setback of 25 feet; located at:120 South Lane, (Adj.to Gardiners Bay) East Marion, NY.SCTM No.1000- 37-6-3.4. 1:50 P.M.—TIMOTHY MACDONALD#7734-Request for a Variance from Article XXIII,Section 280-124; and the Building Inspector's October 4, 2022 Notice of Disapproval based on an application for a permit to legalize an accessory garage,at;1) located less than the code required minimum side yard setback of 5 feet; located at:405 Mayflower Road,Mattituck,NY.SCTM No.1000- 107-8-21. 2:00 P.M.-JULIA KIELY(BRODER)#7726-Request for Variances from Article III,Section 280-15;Article XXIII,Section 280-124;and the Building Inspector's August 18,2022, Notice of Disapproval based on an application for a permit to construct a second floor addition on an existing single family dwelling and to legalize an"as-built" pergola on an existing accessory structure at;1) dwelling is located less than the code required minimum side yard setback of 15 feet;2)pergola is located less than the code required minimum side yard property line setback of 10 feet; located at: 16045 Main Road, Mattituck, NY.SCTM No.1000-115-1-7. 2:10 P.M.-RICHARD MARTINO#7694—(Adj.from November 3,2022)Request for Variances from Article III,Section 280-15;Article XXII,Section 280-116A(1);Article XXIII,Section 280-124;and the Building Inspector's May 6,2022 Notice of Disapproval based on an application for a permit to legalize an as-built accessory gazebo with attached deck/patio and an as-built shed; at;1)as built shed located in other than the code permitted rear yard;2)as built gazebo located less than the code required 100 feet from the top of the bluff;3)as built gazebo located less than the code SOUTHOLD TOWN BD OF APPLS 4 d11f4253-4e65-4a2d-96f7-6da35e1f8a88 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times required minimum side yard property line of 25 feet; located at:3875 Hallock Lane,Mattituck, NY.SCTM No.1000-112-1-8.4. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.3 8.28.228:2040/webl i n k/B rowse.aspx?d b i d=0. If you have questions,please telephone our office at(631)765-1809,or by email: kimf@southoldtownny.gov. Dated: December 15,2022 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIRPERSON By:Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179,Southold, NY 11971-0959 SOUTHOLD TOWN BD OF APPLS 5 d11f4253-4e65-4a2d-96f7-6da35elf8a88 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County,New York. I certify that the public notice,a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: December 29,2022 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as such,is eligible to publish such notices. Signature Eliot T. Putnam Printed Name Subscribed and sworn to before me, This 04 day of January 2023 of N ary Ignatur v 4� STATE 9 OF NON PD NOTARY PUBLIC: M Notary Public Stamp ALBANY ' ry •. OIRE639943 •y0 rON EXQ'�01```�� i SOUTHOLD TOWN BD OF APPLS 1 i BOARD MEMBERS ®F $®(/ Southold Town Hall Leslie Kanes Weisman,Chairpersons ��® 53095 Main Road e P.O. Box 1179 Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento 00UM� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS f� l� I II I� --^ TOWN OF SOUTHOLD Tel.(631) 765-1809, DEC 0 8 2022 BUILDING DEPT: TOMOFSOM'OLD TO : SOUTHOLD TOWN BUILDING DEPARTMENT RE : VERIFICATION OF LIVABLE FLOOR AREA Special Exception Application to establish an accessory apartment in an accessory structure ZBA Application : #7719SE KEKJS HEADQUARTERS LLC (1000-102-5-19) Date sent to Building.: December 8, 2022 Pursuant to Town Board Resolution No. 2011-353, effective April 26, 2011, the Office of the Zoning Board of Appeals is forwarding the above referenced application for verification of the livable floor area, per code Section 280-4, to be returned to this office within 14 days of receipt. FOR BUILDING DEPARTMENT USE Our office has reviewed the following documents provided in the above referenced application: Floor Plans : Mark Schwartz &Associates Dated : 4/13/2022 Based upon the information listed above The livable floor area is determined to be square feet and is conforming to Section 280-13B (13) (a) of the code The livable floor area is determined to be square feet and is not allowed pursuant to Section 280-13B(13)(a) of the code which states: "The accessory structure shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area..." The livable floor area cannot be verified. COMMENTS: Signature of reviewer Date: Adopted by the Board of Appeals:May 18,2011 BOARD MEMBERS of SOOT Southold Town Hall Leslie Kanes Weisman,Chairperson �� y0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes s=it,. v, Town'Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento li/rCOUNVi Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 5, 2023 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following "IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, JANUARY 5, 2023: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownnv.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownnv.gov/calendar.aspx. 10:20 A.M. - KEKJS HEADQUARTERS, LLC #7719SE - Request a Reversal of the Building Inspector's August 18, 2022 Notice of Disapproval relating to Town Code Article X, Section 280-45B(1); Article III, Section 280-13B(13) based on an application for a permit to construct a deck addition and an accessory apartment on the second floors of a pre- existing accessory garage with a room above, and to request a Special Exception pursuant to Article X, Section 280-45B(11) for a Conversion of an existing building to apartment: , as set forth in and regulated by Article VII, Section 280-38B(61 of the Residential Office District; located at 28495 Main Road, Cutchogue, NY. SCTM No. 1000-102-5-19. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email:kimf@southoldtownny.gov. Dated: December 15, 2022 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 0-Min Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 w f r Town Hall Annex, 54375 NYS Route 25 kY ZZ P.O.Box 1179 CZ r< Southold,New York 11971 0959 Fax(631) 765-9064 Anal ZONING BOARD OF APPEALS DATE: December 5, 2022 RE: INSTRUCTIONS FOR PUBLIC HEARING Dear Applicant; Pursuant to the New York State Governor's announcement lifting many COVID-19 restrictions, the Town will now resume IN-PERSON meetings that are open to the public. For those who wish to attend the meeting virtually, for health and safety reasons, we will continue via Zoom Webinar, as well. Therefore, the January 5, 2023 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. Below, please see instructions required to prepare for the ZBA public hearing which includes: !PLEASE READ.CAREFULLY. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than December 28, 2022. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law,your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) I of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by December 28, 2022, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. •L Instructions for ZBA Public Hearing Page 2 MAILING INSTRUCTIONS: Please send by 'USPS Certified Mail, Return Receipt the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by December 19,2022. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff, they may telephone 631-765-1809 or email us at kim&southoldtownny• oovv or elizabeth.sakarellosgtown.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting "as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls> 2010-2021 >2021 http://southoldtoM=.gov/DocumentCenter/View/8779/FinalRoII202 (IMPORTANT INSTRUCTIONS- Scan and email the USPS mailing receipts,'green signature cards and affidavits to kimf southoldtownn ov, and ** PROMPTLY USPS MAIL** the ORIGINAL_S to the Town of Southold, ZBA, P.O. Bog 1179, Southold, NY 11971. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend df you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant Laserfiche Instructions for Zoning Board of Appeals Records W M1 IM. , ........... t W, G J> Oti , Town Co c' GrAii, • I R�c -Mee, .Sign P r� i. g bills- Above: Homepage, Click on Link "Town Records"Weblink/Laserfiche Laserfiche WebLink At-, Horne Browse Search Tv.-Cf5cuthold TownOfSouthold .4a.e Pasecaunt. T—pl—name 2 Entry Pr.pertje� To CII ToHl�ar an - Path nuszzs z -&- -(281) -m. creation date 5!5;2:1 1!1:52:4;AIM P a c..2 os tr:, 2 29 Entries Last modified I foetadai Above: -The second of two pages you will find "Zoning Board of Appeals (ZBA)" in the list of Town of Southold Departments. Click the Zoning Board of Appeals (ZBA) folder/link. Laserfiche Instructions ZBA Files Page 2 Laserfiche Webl-ink M;We�Ju.:, -'—t S-01r Home Browse Search Zoning Board OfAPPE315(ZBAI Zoning Board of Appeals Name Page count Tempi..-mi, (ZBA) AIpl,leucal Inde, ;z Entry idroperues Board ka,ons La5erfiche Sea'.Guides Path NI—Ing schedules 4,.ealJ 16.1" Minutes/agendas/Legal NoocestHearigs Creation date Pending -Reports Last modified -Special Event Permit, Tratning Requirements ZBA officals Metaclata Z3A:0116M :o-netaddia-iz:rn i a Exeot,ons us[Code 230-1 OC(3) 1 I JU-411,1-List,ng I _1 ZSA Book of.Mapoed 1977 E-nng Lor5 189 —dure&R.Wh Bulk Schedules 5 Agllcnienm Contracts&Le,iS.S Page 1 11 Entries Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on "Board Actions"folder to open. Pj MostVisited Getting Started Southold,NY-Officia NetZerid-My Neffero... Date Duration Calcula TownOfScuthold-La... t Southold-Cor Laserfiche WehLink Home Browse Search Town0a'southolo,Zen ng surd ef.4 eal.- p j7S.4j I B-0ar'r.1 Actions=Pending Pending Name 9025 MAIN ROAD LLC,CARDINALE �Z Entry Properties C&L REALTY-Withdrawn Path J--IACAP SDI LLC Y, PECONIC RECYCLING TRUCK ENCLAVES Creation date #7370-Freed 1000-128-6-6 16.0'AM "t)47379-Solutions East 1000-13-3.1 Last modified 6"W:020 3:58.58 P.'d �4— #7383-Spiller 1000-59-5-8.3 #7334Sz-Hr,.'F Resorts,Myclon Resorts-Campground-1000-40-3-5 9 Metadata #7385 5E-Fried 1600-50-1-13.1 ,,L meadla---7i m,.qne-,I w#7386 860 Bayview Drive-LLC 1000-37.-5-10.1 #7387 Hard Corner 1000-61-4-1 '!'j#7387 Hard Corner-SITE PLAN-Arch Pians #7388-Mincon Irrev.Trust 1000-128,2-20 it7389 Benic 1000-71-1-4 =7406-Nappa 100D-88-1-15 Page I o'1 Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0 Laserfiche Instructions ZBA Files Page 3 Laserfiche Webi-ink Home Browse search To,n0f5cullifld Zurl,(8 (ZC-,--; Board Actions Board Actions name Template name Entry Pmpertie5 1957-1979 198c.1999 Path or Anj�.!-, :ho— 2001 Creation date 2002 2003 Last modified 200A 312911,1017"%215.6-.110 2005 2 Metadare 2006 ed 2007 2003 2009 2010 ,Ithi pay_meaFUaesL .'3011 ' 2013 2015 206 2017 pq Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". "017 2017T—pMma — 3@3336- 33:3 ;e -eaard ac[ens In e8 Oca•d.dans -7, IIelsd- 7 1. z 75 aca•d awns 7113 Bca•aamons Above: See listed File Numbers. Click on file you are searching. Laserfiche Instructions ZBA Files Page 4 x Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. Laserfiche Webl-ink -u e M Home Browse Search eprtrEsul' 1,1 Relevance.. �?e:Orda 510:n�;er,ent 5a vz:1 i�l J^�Ffnsr•' f, ` ."{ '7016 AeIC ne.-.�e 3.v;d a:n-5-53 Page count 83 Template name:Board ACLIons Reset Nage 2 Colin and Kristen C351,el PROPERTY LOCATION:162 Lower shingle Hill,Fisher... _...19,2017 x7016.Cashel SCnd No.10009-1-26 mm—us-P—al to remo... .ri,; t°r^^t'��1f''r..-5]:� :', .3•ti a gc S...Y 19.2017.7016.Cashel SRM No.1000-9-:-26 GRANT,rhe variances as... gee-ch:ern, ._COL IN L KRISTEN CASHEL SECTION D09 BLOC... ,c.0...Thomas A,hlgrenlCashell.PO Box 332 Fishers Is'and.Nv... s Show more Information... 7018 Coird Ahrens.SII p:g-p} Page Count:55 Template name:Baca Actions .9;30A.M.-COLIN CASHEL AI:DVariances Under Arocle Id.seccon.ANN... KRISTEN CAS HF I-7016-11eque5t pronosea v elll5.aca[ed:n other tha... 5ita1V more in(ormallOrl... Above: Shows you files that can be found using a phrase, name or title. Or you can search by t Tax Map No. (District, Block and Lot) using the format 1000-111.-1-1. Laserfiche WebUnk �A -vs,":: ., Aho:: Home Browse Searc^ a-ZpD,ng 3ee.rd c`Acoe;l;rin,,j Mlnutes/Agendas/Legal Notices/Hearings Minutes/Agendas/Legal Name P„gecount Template name Natices/Hearings 1957-1979 Entry?ropertles 19So-1999 2000.2009 Path :,,11:'.-n ter^kf',0 „ d - '-010 ^.t LPWn . _:2011 2012 Creation date 2013 ._..-.:.....:M 201E Last modified 201: Metadata -2017 paLge 1 Lf 1 11 Ent, Above: Also, Minutes, Agendas, and Hearing Transcripts can be viewed. Laserfiche Instructions ZBA Files Page 5 Laserfiche WebLink HE Horne Browse Search _*J e615_75"Ai NA 2017 2017 Name Page count Tennpla,e name ZBA-0 1105/2017 7 Entry Properties ZBA-01 105/2017 Agenda 4 Path ZSA-01105/2017-i—ing 40 ZBA-01 i05/2017 LN 3 j ZBA-01119/2017 2 N'x;C�S.q naon'�.'.\2(21 1 Creation date ZBA-0111 912017 Agenda .Jt E.-,0,�2. ZSA-02102/2017 7 Last modified HA-02102/2017 Agenda 4 ZSA-0210212017 H--ng 45 ZBA.02/0212017 LN 3 ZBA-02,'1612017 Agenda 3 moo-ea'J", NA-0211 612017 SpeClal 3 -.d.r,&- ..Its Z3A-03102/2017 7 hia th!p.p-,—r-U-Z ZSA-03,02/2017 Agenda 4 •78A.03,'02/201'H—ImE 65 ZBA-03/02/2017 LN 3 ZRA 03;16201-.,Age,cla 3 ZEA-03/1612017 Special 3 Z5A-0.06/2017 5 ZBA-04'06/2017 Agenda 4 Z8A-O=/362017 rearing a5 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 i+IvTl �.. ter r�►' ; le+l � The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: The application will also be available VIA ZOOM WEBINAR= Follow linkmhttp://southoldtownny.gov/calendar NAME : KEKJS HEADQUARTERS , LLC #7719SE SCTnn #.m2=1000- 105- 19 ' VARIANCE : SPECIAL EXCEPTION F ,EQUEST: CONVERT EXISTING BUILDING TO CONTAIN AN APARTMENT ON THE SECOND FLOOR SATE : THURS . JAN . 512023 10 :20 AM fou may review the file(s) on the town's website under Town RecordslWeblink: ZBAIBoard Actions/Pending. ZBA Office Telephone (631 ) 765-1809 BOARD MEMBERS rjF soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road •P.O.Box 1179 !p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes N Town Annex/First Floor, Robert Lehnert,Jr. • �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento lij'OOUNI Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD August 24, 2022 Tel.(631) 765-1809•Fax(631)765-9064 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File : # 7719SE KEKJS Headquarters LLC Action Requested : Construct a deck addition and an accessory apartment on the second floor of a pre-existing accessory garage with a room above. Within 500 feet of: (X) State or County Road ( ) Waterway (Bay,,Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District (X) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA C13airperson By: k Survey/Site Plan Mark Schwartz&Associates Date : 4/13/2022 ��� 280-456(11) Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses except Subsection B(11) shall be subject to site plan approval by the Planning Board: Conversion of an existing building to apartments as set forth in and regulated by § 280-386(6) of the Residential Office District. X2.8.0= 8B(6)=T=Anil®,�rVI;I�I, Rs:�derttiaiL( �flie Conversion of an existing building to apartments, subject to the following conditions: fAL Expansion of the building may be permitted as part of the conversion to apartments; The number of apartments shall be limited to a maximum of six apartments; W The existing building to be converted must be located on a parcel within a designated Hamlet Locus (HALO) Zone or Hamlet Center; The apartments shall be offered for rent; The eligible applicants for tenancy must be registered in the Town of Southold Housing Registry, administered by the Government Liaison Officer, prior to the commencement of any tenancy; M The apartment must be the primary residence of the signatory to the lease at the time possession is taken and throughout the tenancy; The maximum rent charged may not exceed the maximum rent set forth in § 280-30F, in perpetuity; Property owners must apply for a building permit for the approved construction within one year of the special exception approval; C The apartment use may not be changed to another permitted use for a minimum period of eight years from the time .the use receives a certificate of occupancy; The subject parcel, the subject building, and the apartments must remain in common ownership; Town of Southold rental permits must be obtained for each of the apartments; and 11 The parcel must have at least one parking space per apartment. IHAM.L ET d BU S�°N E `5= 2804 B111) B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(110), which may be permitted as a special exception by the Planning Board, and all such special exception uses except Subsection B(11) shall be subject to site plan approval by the Planning Board: [Amended 6-20-2006 by L.L. No. 8-2006; 12-5-2017 by L.L. No. 20-2017; 6-7- 2022 by L.L. No. 5-2022] M Any special exception use set forth in and as regulated by § 280- 13B(3) to M and J131 and J141 of the Agricultural-Conservation District. 8:0=1Y3��'1�3CC-�= =�®f��f` PTi�IEIVT One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: LaJ The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. A minimum of three off-street parking spaces shall be provided on the premises. Not more than one accessory apartment shall be permitted on a lot. The accessory apartment shall meet the requirements of an apartment as defined in § 280-4 hereof. LqL The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. a The existing accessory structure shall comply with all other requirements of this chapter. Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. Page 2 No bed-and-breakfast facilities, as authorized by § 280-131304) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: LL The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: LL A family member; or ISL A resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. I2L Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280- 30F of this Code. a No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. LL An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. A [1] Off-street parking shall:,. be located in the front yard between _. ,'ront facade of the building(s) and the primary abutting street. Parking areas must be located in the side and rear yards of the building. Adequate parking shall be provided in accordance with that required by Article XVIII of this chapter of the Town of Southold Town Code. [2] Parking areas shall be screened from adjacent properties, streets d public sidewalks, pursuant to § 280-95, Landscaped parking area. [1] Editor's Note: The Bulk Schedule for Business, Office and Industrial D' tricts is included at the end of this chapter. (8) Restaurants, excluding formula food and take-out restaurants. (9) Bakeshops (for on-premises retail sale). (10) Personal service stores and shops, including barbersh s, beauty parlors, professional studios and travel agencies. (11)Art, antique and auction galleries. (12)Artists' and craftsmen's workshops. (13) Auditoriums or meeting halls. (14) Repair shops for household, business o personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furnit a repair shops and bicycle and motorcycle shops. (15) Custom workshops. (16) Bus or train stations. (17) Theaters or cinemas (other tha outdoor). (18) Libraries or museums. (19) Laundromats. (20) Bed-and-breakfast use as set forth in and as regulated by § 280-13B(14). (21) Multiple dwellings. (22) Grocery stores u, to a maximum of 25,000 square feet of gross floor area, exclusive of unfinished basements or att' areas, notwithstanding the provisions of the bulk schedule. [Added 6-20-20 6 by L.L. No. 8-2006] (23) Convenienc stores.l21 [Added 11- - 009 by L.L. No. 14-2009] [2] Editor's Note:Former Subsection A(24), Transient rental properties, which immediately followed, was Wexcerepealed 1-18-2022 by Res. No. 2022-117, which resolution repealed L.L. No. 22-2021. p tionption by the Board of Appeals. The following uses are permitted as a special by the Board of Appeals as hereinafter provided, except Subsection B(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses except Subsection 13(11) shall be subject to site plan approval by the Planning Board: [Amended 6-20-2006 by L.L. No. 8-2006; 12-5-2017 by L.L. No. 20-2017; 6-7-2022 by L.L. No. 5-2022] (1) Any special exception use set forth in and as regulated by § 280-13B(3) to (6) and (13) and (14) of the Agricultural-Conservation District. (2) Motel and hotel uses as set forth in and regulated by § 280-35B(4) of the Resort Residential (RR) District, except that minimum lot size shall be three acres. (3) Boarding and/or tourist homes as set forth and regulated by § 280-35B(5) of the Resort Residential (RR) District. disposal receptaclE id flags. [b] Florescent and backlit signs located within or on a building o/frontaand/or an exterior public space are prohibited. [4] Site design. [a] The principal building entrance shall face the primary streetwalk where practical. [b] New construction along primary pedestrian walkways withi hall have a zero or minimum setback from the sidewalk/front property 'ne, whenever possible, to reinforce the "Main Street" street wall. [5] Off-street parking. [a] Off-street parking shall not be located in th front yard between the front facade of the building(s) and the primary abutting street. P rking areas must be located in the side and rear yards of the building. Adequate parking s I be provided in accordance with that required by Article XVIII of this chapter of the Town o Southold Town Code, [b] Parking areas shall be screened f m adjacent properties, streets and public sidewalks, pursuant to § 280-95, Landscaped arking area. (b) The Planning Board shall determine tha the proposed retail store(s) will not have an undue adverse impact on the community. In making s ch a determination, the Planning Board shall conduct or hire a consultant to conduct a Market and nicipal Impact Study, at the expense of the applicant. The study shall be completed within 90 day of receipt of all requested materials, and the applicant shall be afforded the opportunity to sub it its own such study. The Planning Board shall make such determination within 30 days o its receipt of the study. Such study shall include an analysis of the projected impact of the retail st re(s) on: [1] The existing local retail arket, including market shares, if applicable. [2] The supply and dem d for local retail space. [3] Local wages, bene t and employment. [4] Revenues retain d within the local economies of the Town of Southold. [5] Public service nd facilities costs. [6] Public reve es. [7] Impacts o municipal taxes. [8] Impacts of property values in the community. [9] Effect on retail operations in the surrounding market area. [101 Em loyee housing needs, if applicable. [11] Town of Southold's ability to implement its Comprehensive Plan consistent with the proposed oject. ,gu 80- of e 'mtrye k=strict. a gO n Uses permitted by special exception by ine Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter Prov' ed and, except for Subsection B(6), are subject to site plan approval by the Planning Board, provided that not mo a than one use shall be allowed for each 40,000 square feet of lot area: [Amended 5-6-2003 by L.L. No. 10-2003; 12-5-20 by L.L. No. 20-2017; 6-7-2022 by L.L. No. 5-2022] (1) Special exception uses as set forth in and regulated by § 280-13B(1) through (7) of the Agricultural- Conservation District. (2) Funeral homes. (3) Apartments may be permitted ov business and professional offices as regulated by § 280-45B(4)(a) through (f), inclusive. (4) Restaurants, except fast-foo or formula restaurants. (5) Custom workshops, provi ed that they shall not be all or part of a commercial center. wing con i ions: sror� a ; ►�(c) h _.eexisti s a r r � s t; — 1U IN 10 U tsr y o r7ae iajso Offjcer, nor o t commence e o =-*;;e*en se S n M. ;e cy; �(t1�x1�T�. •a e � �ait�a��+r�br�����+�'s`��1M1F y: e s ply e. errm ea ancy; id- lilt = t. LS The pricing structure for rental properties -- est not exceed the rent limits as establi:.,.—J by the Suffolk County Affordable Housing Opportunities Program. The Town Board may, at its discretion, impose restrictions regarding rentals. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 5, 2022 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following "IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, JANUARY 5, 2022: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments 'during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownnv.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownnv.gov/calendar.aspx. KEKJS HEADQUARTERS, LLC #7719SE - Request a Reversal of the Building Inspector's August 18, 2022 Notice of Disapproval relating to Town Code Article X, Section 280-45B(1); Article III, Section 280-13B(13) based on an application for a permit to construct a deck addition and an accessory apartment on the second floors of a pre-existing accessory garage with a room above, and to -request a Special Exception pursuant to Article X, Section 280-45B(11) for a Conversion of an existing building to apartments as set forth in and regulated by Article VII, Section 280-386(61 of the Residential Office District; located at 28495 Main Road, Cutchogue, NY. SCTM No. 1000-102-5-19. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809,or by email:kimf@southoldtownny.gov. Dated: December 15, 2022 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 0-Min Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 SITE DATA: SCTM # 1000-102-05-19 DESCRIPTION: TOTAL: LOT COVERAGE: EXCAVATE: FILL: PROPERTY: 154222 SQ.FT. 0.362 ACRES ESTIMATED AREA OF 7500 SQ.FT. O W GROUND DISTURBANCE: F 4 EXISTING MAIN BUILDING: 1068.7 SQ.FT. 6.99/D a EXISTING EXISTING EAST PORCH: 132.6 SQ.FT. 0.9% EXISTING WEST PORCH. 92.3 SQ.FT. 0.6% cn . EXISTING SHED: 250.1 SQ.FT. 1.6% Q EXISTING GARAGE: 585-6 SQ.FT. 3.8% A 0 NIF ORLO AK HB ZONE d fUFFOIKCOUNtt WATER ` PROPOSED 2ND.FL.DECK. 192.0 SQ.FT. 1.2% 10 CU.YD. 5 CU.YD. s / 20 S 4001/7'F40" E sEPncsysrvA PROPOSED SEPTIC TO REMOVE: 25 CU YD 50 CU.YD. "'° 188.58' O I' 'sSTk€7rZ€-•- - •- - -------.-.-.-._ PROPOSED NEW SEPTIC: 50 CU YD. 25 CU.YD. O 06 i \ PROPOSED DRYWEL-- 8'dia.4'deep '5 CU.YD. 3 CU.YD. TOP TEST HOLE I I OCATIOIN I 1 y\I Y ICONCRETE NEW DRYWELL I _••• WASHOUT FORITOF \ / I (EXISTING) 'G - „` ✓ i \ ; y EXISTING: 2129.3 SQ.FT. 13.8% YjJ 3].4 ` O comexamns iu 6.8' i PROPOSED TOTAL: 2321.3 SQ.FT. 15.0 D/o 90 CU.YD. 83 CU.YO. PRO ED- ` I 00 \ / I ]N0.FL000. '�, � i, pqz- mow. ]�� O O' � �1 00 V DECK 150' � O 1 _- 1y p� / TOUCH OF VENICE V IW I --- EXISTING 2SBUILDINGPOLE _,,. -• • v FFOLK COUNTY WATER N/F PENNEY 4•WDE STAIR IiT'�ENCE _ ov -., I ZONE 4 a HB ZONEARA EX1SfING2 F IXISTINGGISTY. h 9B.s• S - •n12'FEwcd 0 WELL 7S.- GARAGE ATE 70, 600 GALLONS PER DAY/ACRE ALLOWED vaovoffDADDm 1m .32 ACRES = 216 GPD ALTERATIONS i � r v 6 n 216 X 2 = 432 GPD 4'WIDEWAKS 1 •_ . 9 _ PR4-- EXISTING PARION, 51 ✓ MAIN BUILDING IST. FLOOR = 839 SF X.06 ROOF-r 690 SF z x o. I00%RUNOFF.r RAINMR:ns.2 cF 206.1I EXISTING OFFICE = 50.34 GPDWSTALL ffdk,4'deep DRAR 069 CF cAP.7 EL � I 12"DIA. `- _CONSTRUCTION - ----_- -- --- c N °13'®6" W UTIL.PO' sEA ENTRANCE EXl"GPAap"G Iz"BIIO EXISTING PARKING E%ISnNGPARKING I MAIN BU�LDING 2ND. FLOOR = 225.00 GPD ^ (12 BRACKETS unL.POLI; % EXISTING 2 BR APT. (742 SF) \ W 3 EXISTING TWO STORY GARAGE WITH = 150.00 GPD NORTH STREET ` o�\Ry �i PROPOSED 2ND. FLOOR 2 BR APT. In (LESS THAN 600 SF) c TOTAL FLOW FOR PROPOSED SITE 425.34 GPD e 425.34 IS LESS THAN ALLOWABLE 432 GPD 0.4 a EXISTWGPARKINL P80S AGBI9L�IIl A ..t^'•�...Vi►i� u HBZONE SUFFOLKCOUMYWATER RECEIVED ., �. PROPOSED SITE PLAN � , SCALE: 1" = 30'-0" i AUG 2 6 2022 m DRAWN:MN/MS ll SCALE: Jb JOS#: W1' 4113rO22 I Zoning Board of Appeals ' ; � SHEE7NU�aER l S-2 i SITE DATA: SCTM # 1000-102-05-19 DESCRIPTION: TOTAL: LOT COVERAGE: EXCAVATE: FILL: PROPERTY: 15422.2 SQ.FT. 0.362 ACRES z ` EXISTING MAIN BUILDING: 1068.7 SQ.Fr. 6.9% O EXISTING EXISTING EAST PORCH: 132.6 SQ.Fr. 0.9% a � EXISTING WEST PORCH: 92.3 SQ.FT. 0.6% EXISTING SHED: 250.1 SQ.Fr. 1.6% " EXISTING GARAGE: 585.6 SQ.Fr. 3.8% - - z W O TOTAL: 2129.3 SQ.FT. 13.8% A N/F ORLOWSKI Q HBZONE EL 3N S 40017'40" E T �^ 188.58' ° O 03 °�° RECEIVED uJar ' """ AUG 2 2 2022 tn o ea°wcmmoou 32.4' cq 6amu° uvamm Oi _ o �- Z Zoning Board of Appeals u - _ YDA. OL - EXISTING Z m. =• L POLE N/F PENNEYLu ---- BUIIDINc HU ZONE 62 0 o x i •G p WELL In EXISTING 2 STY. ryNG� GARAGE E%IAN D=NG PARYJNG z ► � , EL 30 Lob 1 ------•-6- -- -------- N °13'06" W ,�c► � 12"DIA. M=NG PASWNG ------ - ----- - - -- - 6 EXISTING PARXING UTIL POLE 12"91A. EXISTING PARXWG pIIS77NG PANG • 3 42 UTIL.POLE` 2 Nl N, v' NORTH STREET N i EXISTING PARKING H!(]1FfT NORTX A[K1tAK Nl1RT1 1 dJS/Q 11 NFFOLXCOUNEYWATER i HBE 5 EXISTING SITE PLAN- DRAWN:A4{IMS SCALE: 1" = 30'-0" :�, ��°,�� SCALE: JOB 4: 4/13!1022 SHEET NUMBER: r S-1 1 -�1 TOP 0�0.00P� 0 EXISTING ASPHALT _ ROOF INGLES TO REMAIN -FASTING ASPHALT �y ROOESHINLLES TO REMAIN I `�/�jJ FE-1 E-11 h--1 z � IH m m REMOVE FASTING SLRNGLES ® m ANDREPLACE-/HARDI PLW jp °p PAINTED WHITE(TYPICAL) I.Y H Q 0.EMOVE EXISTING SHINGLF$ F--i r AND REPLACE WHAM PLAN uQ PAINTED WHITE(TYPICAL) FE-11 EJ © f( FE-31 FE-11 ®13® W ®®1313 1313®® ®®®13 III ®®®® rill ®®®13 ! 3 x PROPOSED NORTH ELEVATION PROPOSED WEST ELEVATION SCALE: 1/8" = 1'-0" SCALE: 1/8" = V-0" oox N[� a� V E -------------•--- � K 4 .V� s •,fir....• .� .�•Cj l 5N F N N DZonin - , M - , -; -; f.� 1313®® ®®1313 1313®® 1313®® Appeal, . 1713® EMIM EXISTING WEST ELEVATION EXISTING NORTH ELEVATION SCALE: 1/8" = V-0" DRAWN;MH/MS SCALE: 1/8" = V-0" SCALE, 4/13214'2 SHEETNDMHER; A-1 z STWG ASPMAL LNG ASPNAL W ROOF SHINGLES ROOPSHINGIES O TO REMAN TO REMAIN E-1 oe E- rn N z NMI oW Ao REMOVE EXISTING SHINGLES ANDERDIPLANK PAINTED WHIT(rYPIUI) Q ES REMOVE E%I WH RDII PLANK-- PAINTED L N ANDINTED WHITE IAL) PAINTED WHITE(TYPICAL) PROPOSED SOUTH ELEVATION o3 PROPOSED EAST ELEVATION SCALE: 1/8" = 1'-0" SCALE: 1/8" = 1'-0" Q �o N L; e�• . a ----------------- - - ---------------- tr. L U RECEIVE® FW s N AUG 2 2 2022 " Zoning BoardD N of Appeals �3 a EXISTING EAST ELEVATION EXISTING SOUTH ELEVATION SCALE: 1/8" = V-0" SCALE: 1/8" = 1'-0" DRAWN:MHIMS SCA[E )OB e: v)anOz SNEETNUMBER A-2 O � C7 ¢ z z � X� few E;(ISiiNG flAlk O rTl ISI FY � _ PFI rm16'nC O C� �(E%ISTING) �y GARAGE------------------- 0 Z z 211 CIO W �� w N E U 24'-0" 24-0" EXISTING 1ST. FLOOR PLAN SCALE: 1/8" = 1'-0" E _ v .� m �I Ji LLz W�Y E v o UNCONDITIONED RECREATION = { ;�`:,I /' I I, --.= RECEIVED =w CATHEDRAECEIIING N AUG 2 2 2022 W -_- — - -- [Zoning Board of p oA peals - -- -- -- y 3 24'-0" � •s��» � ..»..�. �� � � EXISTING 2ND FLOOR PLAN SCALE: 1/8" = 1'-0" SRAMI M .,�- 10B# y � u(;cu.z �4 SHUT NUMDER: �._ A-3 r I RECEIVED z ow AUG 2.6 2022 ~ `� Zoning Board ofAppeals a � 6'-0" 16'-0" I 1- 6•-g" 6•-g" 1'- -- 1 1 ✓`I I f -• .�-.-r .. A H I 4'w STAI0. 1 1 1 1 1 1 1 1• 1Q�, DN ISR11T 1 1 1 1 1 1 1 PROPOSED DECK ®s•• j 1 1 1 1 1 1 1 1 1 1 192.0 SF I O 1 • `++ 1 1 1 F __ -•- I 1 1 4'-8" 1 1 CM35 SIM DH I u REUSE EXIST. r'7 UP FWrV EG WINDOW l^) F _______ --' ------------------- ^ ' "" o I HALF BATH ' S � I Via{ •D O ; 94.63E �;DW q o R 1 ' O O ® , 00 U �nnnn`� 1 U o - KITPROCHE19 , I ,r N I GARAGE/WORKSHOP I g._7.. 14'-OYi" 1 c^ 1 n I 1I ' ---------------------------- _ ..... B d 94.65E 1 I 1 m� o • I I i p a is m w �..... ..................................... ... .................. .� W d 1 1 I I D°c m q I1? 5 Piz zL-L I j i E3 a ` 24'-0" 0. W V PROPOSED 2ND FLOOR PLAN PROPOSED 1 ST. FLOOR PLAN w M SCALE: 1/8 - 1 -0 SCALE: 1/8" = V-011 PROJECT NORTH N�S PROJECT NORTH DRAWN:MH/MS . F STALE. SOB#. �► 4/13r-022 . I SHUT NUMBER: i' fr � µ A-4 6 ro ' F Pl ~ Fq=____ — _� z � oW qA � d UNFINISHED BASEMENT W I N� u UNFINISHED BASEMENT I U, RECEIVED o AUG 2 2 2022 .6 11 a Nl Elk L — — — — — — — — — — — - o 2 Zoning Board of Appeals I I � LWT I I a I I I , I I I I a a EXISTING MAIN BUILDING FOUNDATION SCALE. 1/8" — V-0"E9 «� iso DRAWN:MH/MS SCALE 4113r-On t'� !w I • „y SHEET NUMBER. Z w ---------- ]0 EX.RATH H z � � o - qqA E-1 O d EX.BATH EXISTIING BEDROOM EXaING OFFICE EXISTING OFFICE Q�" 03 --••--------------- EX.KITCHEN EXISTING BEDROOM DN. ................... ----------- oho U H N[� U EXISTING OFFICE EX.LIVING ROOM � � ° E BRICKADEWALK EX.COVERED PORCH uv RECEIVE® m c AUG 2 2 2022 A w Zoning Board of Appeals W EXISTING MAIN BUILDING 2ND. FLOOR HRICK SIDEWALK EX COVERED PORCH SCALE: 1/8" = V-0" E-4 F a v o EXISTING MAIN BUILDING 1ST FLOOR SCALE: 1/8" = V-0" � � DRAwN:MxrMs srera• Boa a: <run_ou SHEETNUMBER: o ..� ' A-7 OFFICE LOCATION: �0 so MAILING ADDRESS: Town Hall Annex � ��® P.O. Box 1179 54375 State Road Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1809 ® �p� http://southoldtownny.gov Irou ZONING BOARD OF APPEALS Town of Southold January 24, 2023 Patricia Moore Attorney at Law 51020 Main Road Southold,NY 11971 Re: ZBA Application#7719SE, KEKJS Headquarters, LLC 28495 Main Road, Cutchogue SCTM No. 1000-102-5-19 Dear Mrs. Moore; Transmitted for your records is a copy of the Board's January 19, 2023 Findings,Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above Special Exception application. Pursuant to the conditions of this Special Exception, please note the following: a) This Special Exception Permit requires an operating permit and inspection by a Building Inspector from the Building Department that must be renewed annually.It is the applicant's responsibility to contact the Building Department on an annual basis to schedule the required inspection. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. b) The property owner must apply for a building permit for the approved construction within one year of the special exception approval; c) This Special Exception permit requires that the applicant complete construction on the Apartment with deck and begin the approved special exception use in compliance with the conditions imposed by the Zoning Board of Appeals within three years. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved Special Exception. If you have any questions, please call the office. Sincerely, Kim E. Fuentes Board Assistant Encl.: cc: Building Department ''LINE' Y r'1/,�S kV1,d �� ' __ __... ._ ._. LINE • 5` ^-• u••'N 374282 , I_.�j�•1 ©j(fat/ FS ��- \� DEVELOPMENT R/GHTS)�3r \^�%.- '1b 23.7 23.6 \ 52A(c) t. ' 23.3 /� 17.6A R®..�! CUTCHOGUE i V\ CEMETERY j ASSOCIATION �3,•�ay. y�. ���, '\ .�Q-",' ,� �. •. 192 - - �'�w �' y d0 4-\l,• 16.2 / h �> ^e• .. .<'� 794 92 /1>, a \ 25 6A _•.i s'3 y&, •�\ \\ \ '�' �,' �'a:~'b 1{ { /4i'''\ 3722 i \ \,%yo\:u` �wrs %9 ,/%� \e\ R�X61.. •�%'�i HARVEST POINTE IUM CON UM SECTONI 33.7 ICOMMONAREAI (FOR UNITS SEE 12.1A \ SEC,NO.102.01) - �`\ 725 /. 17 "s ( p 4.OA(23.1c) ti �\ •�_` �sl \�\ aj 6.OA(c) (�ryh �\. �%~• 1 { yro�\!(^ , ,^� �^ �� CUTCHOGUE SCHOOL DISTRICT \ \-'�' `i' 23,2 / G � ^� 6.4A COUNTYOFSUFFOLK 14 \�� /'\ .t\�l°,A 0� `\ �\ e Y'ry§ \�%• DEVELOPMENTRIGHTS) 92 > J 1 2,3A(c) 9.7 1, t" \, �/� •may lw., 7 �G` " 1.1A(C) 1J 16 33.4 y\S •::> a! j \ 7`T j\ \>e., 20.2 / 9.6 ( `\ a� 32.6A c ) 5.4A(c) '\� �`.�s •-"'.' \ cf �M,P\•`� , ^ � 33.5 \ 0q„b., -�w "' y 2\ 13.1 STATE OF •.\ Y '�j�* 0 5.�\ , 2.9A \ M y1 J w,� C f��\ / RA♦„ NEWYORK J>' �v�.^ tR^ \NG,n� CUTCHOG...I..DISTRICT ROMAN CATHOLIC CHURCHO�;Ft.a \ !y W OF THE SACRED HEART a} w l rv1 _ �1'F1 ',, V) \ y •.wb. '�� `,, :, .�,\,':,ro \� h \/\\o '�/ ". ..✓ ry 1`ASO ,�` ,/ c ., ,' `�', i\nx g A 24 /,.5./��.o�Fdo• \o..\,J.�\./iw n` - �-•'�"�`�'p< ,•r/S/ "">J\;''�,�_'�•� . . 'CLT�`1GFOF\RC.X:'` n�`//\a y.,_,nih``i¢-So.£J i^"`'',�"ba.s.:�`g„S��;�V�•,...y.J•,"�•r;-` \.-.{iZi• / '9 '•oP. t' �., 2.3A O%.4-"/,09 \ '�L 's }f N 1 `4yG� 112 F ^ xI- u� :N 310.482 LINE •,�` ,w ,>` y.'�e- V,s_h ,.�- ,. .- ., COUNTY OF SUFFOLK © N NOTICE E two- q— Real DISTRICT W. 1000SECTION NO Property Tax Service Agency mwNTENANCE ALTERATION.SALE OR Y'W loos IO^DISTRIOUDONOF ANY PoRTION OF THE M 101+ TOWN OF SOUTHOLD -I L300 C-1-[h"i1v,Id.' f—d,AT 11901 SUFFOLK COUNTY TAX MAP IS PROH®ITED A WITHOUT WRITTEN PERMISSION OF THE P1me-poet S` REAL PROPERTY TAX SERVICE AGEWY toe VILLAGE OF