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HomeMy WebLinkAbout7781 �� � �� � C�'1 �'�'t� C,�-�✓�, Q CC els Sc��"� f �.�.�.� �n.�O ;�OC,I dlG� J l� 0 f"✓1 (M l � ( ���eNr —�0 all a Sem P� b ( J 3Y7b'� Owner: Pablopeg LLC File M 7781 Address: 375 Reydon Dr Code: 18RL Agent Info Jennifer DelVagli P O Box 369 Pecoinc , NY 11958 Phone: 631-734-7600 Fax: Email: cj@eastendpoolking.com - 3� r �� �jbS i � L'�cy-L O ckev� BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ®F S®(/j� 53095 Main Road• P.O. Box 1179 Patricia Acampora ®� ®�® Southold,NY 11971-0959 Eric Dantes ¢ Office Location: Robert Lehnert,Jr. Town Annex/First Floor ® 54375 Main Road(at Youngs Avenue) Nicholas Planamento ® q` So Id NY 11971 COU05� ECEIVlI ED http://southoldtownny.gov '�'�'d C 3:39 ZONING BOARD OF APPEALS J2 0 2023 TOWN OF SOUTHOLD9-4 Tel. (631) 765-1809 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 15, 2023 ZBA FILE No: 7781 NAME OF APPLICANT: Pablo Peg LLC PROPERTY LOCATION: 375 Reydon Drive, Southold,NY SCTM No. 1000-79-5-23.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type.II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. 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 conforming 58,484 sq. ft. parcel located in an R- 40 Zoning District. The property has a road frontage on Reydon Drive of 135.00 feet,then turns northwest for 411. 82 feet before turning southwest for 150.49 feet then returns 408.28 feet back to Reydon Drive. The property is improved with an existing two-story frame residence and garage. There is an existing shed on the property that must be legalized. There is also a freshwater wetland at the rear of the property. All as shown on survey prepared by Nathan Taft Corwin, III, Land Surveyor, last revised January 12, 2023. BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15; and Building Inspector's February 8, 2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and to legalize an existing shed (under 100 sq. ft.) at; 1) swimming pool located in other than the code permitted rear yard; 2) as built shed located in other than the code permitted rear yard; located at 375 Reydon Drive, Southold,NY. SCTM No. 1000-79-5-23.1. RELIEF REQUESTED: The applicant requests variances to locate a pool in the front yard where it is required to be in the rear yard. Another variance is needed to legalize a shed in a side yard where a rear yard location is required. ADDITIONAL INFORMATION: The property is unique in that it has extensive freshwater wetlands in the rear yard that is regulated by the Southold Trustees. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 1, 2023 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and Page 2,June 15,2023 #7781, Pablo Peg,LLC SCTM No. 1000-79-5-23.1 surrounding neighborhood,and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law X267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Due to the fact that the property has freshwater wetlands in the rear yard, no accessory structures can be placed there. The existing shed in the side yard,and the proposed pool in the front yard all meet setback requirements. The shed would not need a permit if it was in the rear yard, and the pool is inground,and there will be no massing in the front yard that would create any visually impacts from the road. Both side property lines are heavily wooded and adjacent properties are below the elevation of the subject parcel. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to,pursue,other than an area variance. Since the freshwater wetlands is in the rear yard, anything in the rear yard would fall under the Board of Trustees jurisdiction and be too close to the wetlands. Therefore, any accessory structures would require variance relief. 3. Town Law &267-b(3)(b)(3). The variances granted herein are mathematically substantial, both variances represent 100% relief from the code. However, due to the location of a freshwater wetlands in the rear yard, no accessory structures can be placed within the 100 feet setback. Therefore, any proposed accessory structures must be placed in the front yard. Moreover, the applicant's representative testified at the hearing that the Board of Town Trustees informed the applicant that they would not approve a pool in the conforming rear yard due to adverse environmental impacts to the wetlands.By locating the pool in a front yard,the pool is no longer within the Trustee's jurisdiction 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with'Chapter 236 of the Town's Storm Water Management Code and the conditions of this board. 5. Town Law X267-b(3)(bM(Q. The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it)is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of or the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a legalized side yard shed, and an front yard accessory swimming pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Lehnert,seconded by Member Planamento,and duly carried, to GRANT the variances as applied for, and shown on the survey by Nathan Taft Corwin, III, Land Surveyor, last revised January 12, 2023. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Pool pump equipment/mechanicals must be located a minimum of 20 feet from any property line or be contained in a shed type enclosure with a lot line set back that is in conformance with the bulk schedule for accessory structures 2. Drywell for pool de-watering shall be installed. 3. A Wetland Permit or a Letter of Non-Jurisdiction issued by the Southold Town Board of Trustees. 4. The applicant must apply to the Building Department for a building permit for the "as built" shed improvement within 90 days of the date of this decision and submit same to the Office of the Zoning Board Page 3,June 15,2023 #7781,Pablo Peg,LLC SCTM No. 1000-79-5-23.1 of Appeals, or submit a written request for an extension to the Board of Appeals setting forth the reason(s) why the applicant was unable to obtain a building permit in the time allotted. 5. The applicant must obtain a Certificate of Occupancy from the Building Department for the "as built" shed improvement and submit same to the Office of the Zoning Board of Appeals within 12 months of this decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s) why the applicant was unable to obtain a Certificate of occupancy in the time allotted. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. IMPORTANT LIMITS ON THE APPROVALS) GRANTED HEREIN Please Read Carefully Any deviation from the survey, site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a pew application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings,siteplan and/or survey cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,setbacks and other features as are expressly addressed in this action. TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one(1) year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson),Acampora, Dantes, Lehnert, and Planamento(5-0). Les ie Kanes Weisman, Chairperson Approved for filing /�� /2023 F BOARD MEMBERS ��0 SOU� Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road •P.O. Box 1179 .� Southold,NY 11971-0959 Patricia Acampora T Office Location: Eric Dantes �pQ Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ycou ,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD March 26, 2024 Tel. (631) 765-1809 Jennifer DelVaglio East End Pool King P.O. Box 369 Peconic, Nt,11f9'58 Re: De Minimus Request, File #7781 May, 375 Reydon Drive, Southold SCTM No. 1000-79-5-23.1 Dear Ms. DelVaglio; We are in receipt of your correspondence;dated March 19, 2024 requesting a de minimus approval related to ZBA determination#7781., dated June 15, 2023, in which variance relief was granted to construct an accessory in-ground swimming pool located in the front yard upon the above referenced premises. In your letter, you explain that the Town's Board of Trustees have requested that the applicants install a splash pad at the 13 feet elevation contour line in the back yard restricting the use of approximately 1/3 of their property. Therefore, they are requesting an increase in patio size of approximately 1,550 sq. ft. A small portion of the.patio will be raised and constructed out of gravity wall by Cambridge with exposure of approximately 12 inches to 20 inches. I have reviewed your request, the survey last revised November 8, 2023, prepared by Nathan Taft Corwin, III, L.S., and have determined that the revised patio as depicted, is de minimus in nature. Please submit to our office two original, signed and sealed Surveys, and contact our office if you have any further questions. Sine ly, Leslie Kanes Weisman, Chairperson cc: Building Department EA$TFND East End Pool King PO Box "010 MCI Peconic, NY 11958 P:(631) 734-7600 631-734-4600 Jennifer@eastendpoolking.com March 19, 2024, 04 RE: PabloePeg LLC ' 375 Reydon Drive,Southold, NY File number: 7781 Tax Map#: 1000-79-5-23.1 Dear Board Members: I am requesting consideration for a De Minimis in regard to the size of the patio requested and granted for Paul and Peggy May of 375 Reydon Drive,Southold. Originally,we requested patio around the pool that was approximately 724 sq feet(shown with a red outline). Since our application with the Zoning Board,th��IWequested that Paul and Peggy ack yard of their house in essence restricting the use of approximately OT tneir property.They have a large family that has been a part of the Southold Community for generations. They are heavily committed to protecting and preserving all the wonderful features of this town. Paul sits on the Board at Peconic Landing. Family is their number one priority and the Mays host large family gatherings consistently throughout the year.With the loss of space in the back yard we would like to increase the patio area around the pool for entertaining. We are requesting an increase in siz will be a small portion of the patio that constructed out of a gravity wall by Cambridge with exposure of approximately 12"- �0 inc es.The exposed area will be approximately 20' linear feet toward the house on the driveway side and 23' linear feet(half the length of the patio on the roadside of the property(indicated in blue). J f \ I } O O b j O I East End Pool King Page 1 EXISTING TOWN DEFINED LOT COVERAGE PROPOSED TOWN DEFINED LOT COVERAGE OVER BUILDABLE LOT AREA OVER BUILDABLE LOT AREA SURVEY OF PROPERTY (TOTAL LOT AREA LESS WETLAND AREA = 48,578 sq. ft.) (TOTAL LOT AREA LESS WETLAND AREA = 48,578 sq. ft.) �� DESCRIPTION ARE4 X LOT COVERAGE DESCRIPTION AREA X LOT COVERAGE SITUATE HOUSE 1,895 sc. ft. 3.9% EXISTING HOUSE 1,895 sq. ft. 3.9% ReCeived BAYVIEW SCREENED PORCH 460 sc. ft. 0.9% EXISTING SCREENED 460 sq. ft. 0.9% RCH APR O 12024 TOWN OF SOUTH 0 LD WOOD DECKS & STEPS 480 sq. ft. 1.0% EXISTING WOOD DECKS 480 sq. ft. 1.0% S U F F 0 L K' COUNTY, NEW YORK 11.5 S SHED 75 sq. ft. 0.2% EXISTING SHED 75 sq. ff. 0.2X STEPS Zoning Board of Appeals S.C. TAX NO. 1000-79-05-23.1 89•S0 �, TOTAL 2,910 sq. ft. 6.0% PROPOSED NG COPING 684 sq. ft. 1.4X WELL SCALE 1 "=30' 2o A 15, 2013 h PROPOSED PATIO 1,474 sq. ft. 3.0% JUNE 5, 2013 DDHPROPOSED SEPTIC SYSTEM � 10- - - JULY 3, 2013 ADD WELL ABANDONMENT NOTE - ` - - - - _ TOTAL 5,068 sq. ft. 10.4% NOVEMBER 1, 2013 ADD NEW SEPTIC SYSTEM - -/ 9 - _ _ _ -1p SEPTEMBER 19, 2022 UPDATE SURVEY FOR PROPOSED POOL DECEMBER 8, 2022 REVISED PROPOSED POOL s -- - - - - - - - __ 10 J`4 �' NCO JANUARY 4,12023 REVISED PROPOSED POOL 7p�' \ `� T�� h' �F JANUARY 12, 2023 ADD PROPOSED PATIO �. _ \ AUGUST 28, 2023 ADD NEW SEPTIC SYSTEM p�� a / - - - -_-_ `'�#'-0 - ^�� 8 \ \ \ p L. C�Ifj MARCH 29 2024 REVISE PROPOSED POOL PATIO - - - - - �T UR ANCf 6 \\ \ \ k'F<<�NG RICE c, l / / LAG , —FR 2.5 - -- 4-_- \ UFF fR\ \\ \\ Ni w TOTAL AREA = 58,484 sq. ft. W 2 / / O ESHWA7tR - 3 —` \�\ \ \ \ 1.342 Ca C. w� / / LINEATED By E NCONSUNDaRY ( \ \\ � �\\ = 48 578 s . ft. TANrs EMFWW #SOAIL _40 UPLAND AREA q / mac ,� ER 2. 2022 \ \ \ \} III i / \\ \� WETLANDS AREA = 9,906 sq. ft. w \ i /O e 1L FR � SHIN 'al!` �' \\ 11 ' / // // ' / // \\\ \ 10, 'NET AL W E 7' L A N OT S Q 2 l//l / / /l / / / \ \\\ J�\ \\ \ 1. ELEVATIONSEXISTING ARE ELEVATIONSREFERENCED ARE SHOWN THUS:988 xx.x DATUM �tft EXISTING CONTOURS ARE SHOWN THUS: XX— —XX \ \ {� // /��• / / \ \� \ \ �/ \ PROPOSED CONTOURS ARE SHOWN THUS: �Q N \\ \ \\ �IIIc /// �( / x // / % \ �\ \ \ \ \\ 2. PROPOSED POOL IS NON—JURISDICTIONAL FOR THE SOUTHOLD TOWN TRUSTEES. \ � � / / / l so• �Q � / �� NR ENO _� \ \�� \ \ \ \ �ti AL / 41, \ \ c\ \ \ � / / // / / \ ��/ / /a Iv ��o \ \ \ \ / 2 � %�(0 �w 10 _- - - - \ \ \�'s \ \ / / / / / �y/ \ \\\\ \ \ \ / / l l l � � CERTIFIED TO: p PAUL AND MARGARET MAY \ -4' / / / / / \ "\° \ \ / / GREGORY AND CONNIE JUDGE D/ \\ / �� c ^^:: � _ _ _ STEWARD TITLE INSURANCE COMPANY \ /�y, G4 i / / / O / a \ �' / C9 U \ \ / \ �s - ' '0' f I w // BANK OF AMERICA MO"rC \ \ \ \ \'`C7 / / / / 13.4• Q O ` "4 \ \_ / / / \ % kCrAt F // 72.0 ,, SO \ — — / 31��F,R/ �i / q / u o N / h 0 Q l/T"of 4 \ — — — ' oe�o ���/ o/// / rypJ 4•o s q / < °° ee _ oe 163? z m e " �s el ` 0"f oR \ �\ \ sl ``� TEST HOLE DATA I2— _ �'t, i / wAoe.� e•� o•ay 7 _ rgNk c \ \ �, ( �,�/ 0� /// I I/ �Fc 9 e k �3 I� �� •i ?� CH1 G _ 4y AI Qr"3A�. a (TEST HOLE DUG BY McDONALD GEOSCIENCE ON MAY 20, 2013) s:15WDp° M,^f_." '.. 1 1 POOLS \ _ 1y� EL 16.1' D. �` / °p \ \\ reps / / B "•• `; .:0." o ,O o % ��@\' q I � .e � DARK BROWN Lova o1 QCCyQ BROWN CLAYEY SAND SC tC \ Ik ;�4 ,J•,• 36i .Q(y;c:c.;r / / �2 a �� BROWN FINE SAND SP 3X8 , EL 3.1' n• "w `•' J� / °• QQ V UQ r,? HIGHEST IXPECTED GROUND WATER TEST WELL No. USGS 4102_'x4072?43801 5 53328.1 o Q I EL 1.0' Iluk `z0 J 0 GROUND WATER 14 C"•'C \ WATERIN B i // O � •'�� BROWOWN FINE SAND SP O - p �O p / 0) 17' VA'- Sri "" �Tro A o • I..qN �C�rNY�Wi Q/ T ariON 1>o �$�/ UNo �l l CV 4 ' I �� IS L i"Q , 'PR Y•0 9i e 7 FIl �4p� ION• PRO -44' . 8,?�,) Is.�1/ a `9>>7, �QP !✓ 4 PREPARED IN ACCORDANCE WITH THE MINIMUM STANDr FOR TITLE SURVEYS AS BY THERDS LI.A.LS. AND APPROVED AND ADOLIPTEDD FOR JUl y p 'l�y., O 4 TITLE SASSOCIATIOUCH USE Nr THE NEW YORK STATE LAND WELL • 199' �O r �04 h MOH C FINAL MAP �N,. �VOF;NF REVIEWED C Y BA . �P ..,•..P FT o.•' DECISIONS DATED = r • `� _ 467 � nrD Su' a`' N.Y.S. Lic. No. 50467 41411 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE LA EDUCATION LAW. Nathan Taft Corwin I I I COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR an Surveyor EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE Successor To: Stanley J. Isaksen, Jr. L.S. TITLE COMPANY, GOVERNMENTAL AGENCY AND Joseph A. Ingegno L.S. LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. TitIB Surveys Subdivisions — Site Plans — Construction Layout CERTIFICATIONS ARE NOT TRANSFERABLE. .y' Y PHONE (631)727-2090 Fax (631)727-1727 THE EXISTENCE OF RIGHTS OF WAY OFFICES LOCATED AT MAILING ADDRESS AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 16 ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 33-05613 SURVEY OF PROPERTY RECEDED SI T UA TE Eg 1 2023 BAYVIEW F TOWN OF SOUTHOLD eals SUFFOLK COUNTY, NEW YORK Board of App "s Z°n�n9 S.C. TAX No. 1000-79-05-23.1 '– — S9oS0 2p" SCALE 1 "=30' — -„ 15, 2013 10 — — — — — JUNE 5, 2013A DDHPROPOSED SEPTIC SYSTEM JULY 3, 2013 ADD WELL ABANDONMENT NOTE SYSTEM SEPTEMB RV 19, 2022 UPDATE 1, 2013D SURVEYNEWSEPTIC FOR PROPOSED POOL $ — `` /0\ J� � NCO DECEMBER 8, 2022 REVISED PROPOSED POOL - - - - - - - — \\\ � 'S' ter �F JANUARY 4 2023 REVISED PROPOSED POOL N �aG 1io - - — — \ ��S RIC JANUARY 12, 2023 ADD PROPOSED PATIO _ —_— —_ _ _ _— c'�'—' \ \\ \ L Ill TOTAL AREA = 58,484 sq. ft. n.�y ` \ \ \ IC$ 1.342 ac. ESHWA / TED 8Y0 BOLI \ \ \ \ \ \ `�\ UPLAND AREA = 48,578 sq. ft. Hwy RY IL '�` EN CONSUd AN-rS eM�vly #20 0}\ ?\\\\\ \\ \' �\ WETLANDS AREA = 9,906 sq. ft. O /4,j// . 2022 \ \ \ \ I \ — \ /O / �L R E C+ri \ \ l J ( ( I I / \\ \ NOTES, LEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM "N / IN S H y y , \ 1 I / J / \ \ \ o I 2j E j A ] 2L5J/ / / / / \ EXISTING ELEVATIONS ARE SHOWN THUS: xx.x '�` L A N p S // /// /( \ \\ y�g/�\ \\ \ EXISTING CONTOURS ARE SHOWN THUS: XX—n —XX / / \ i$ \ \ PROPOSED CONTOURS ARE SHOWN THUS: AL \ AL AALE OF 0 / n' �N0PAo CER A � \ TIFIED T0: / / / {� / eat / �h+f' aR ro \ �x \ \\ \ % � / ^ PAUL AND MARGARET MAY o 2.s GREGORY AND CONNIE JUDGE STEWARD TITLE INSURANCE COMPANY 4 5 /// ///// / //// / / / \/\/ o � }Ur'o. o 4s,s" ��2�\\ \ \�!• \\a\\ \\\\\\ ///////l/ \` / l FU/aN/Qpe i a"4 . BANK OF AMERICAFFA S-Z ON �MO '4' 1 j mac£ \\\ ," -_ _ oQ / / /0�7 � � a. � �q �� ° i 4 I I . .• \ �/ I / / / 2 0 Ao \\ // /: / /oF / / /cPo`da� W O �2•r o` 'jos, sP \\ ` /'� /�Oe qJ / Uq N / y W 4"on (�• /a / / �O 0• CV — I OfC A 12 — / // / b woo ?s'' 0 1 s�`�°� Ne 0R4ZV / GES Q 4f a" g� AY ro TEST HOLE DATA o (TEST HOLE DUG BY McDONALD GEOSCIENCE ON MAY 20, 2013 ) / ... WOOD}�� f l a EL 16.1 ol \ l (D y. 00L':::'`0 ;fie-'•: ; ENCCpS w�Rf/ L ' . 2 DARK BROWN LOAM OL �. 36%'':;:.::.}.:,:::•:' •is URfi i .5� s 0.5' cp 3ke� RZ N / �� 34 BROWN CLAYEY SAND SO Ok CP �� / O e� BROWN FINE SAND SP 'ArN/O ''4rioN/7� // 1 /e� ; ////►► EL 1.0�� GROUND WATER 15.1' p /� $i/ (v Q BROWN WATER IFlNE SAND SP FIL{V �11.4p�'ISj1� � Ipl 408 17'UNAJ "Lo - 0 O& Z19.5I #9 _ PREPARED IN ACCORDANCE WITH AS THE MINIMUM BY THERL.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND ' TITLE ASSOCIATION. 991 EXISTING TOWN DEFINED LOT COVERAGE PROPOSED TOWN DEFINED LOT COVERAGE OVER BUILDABLE LOT AREA OVER BUILDABLE LOT AREA �A (TOTAL LOT AREA LESS WETLAND AREA = 48,578 aq. ft.) (TOTAL LOT AREA LESS WETLAND AREA = 48,578 sq, ft.) DESCRIPTION AREA % LOT COVERAGE DESCRIPTION AREA X LOT COVERAGE HOUSE 1,895 sq, ft. 3.9% EXISTING HOUSE 1,895 sq. ft. 3.9% C0NC ✓" ' ` dfO .:.� SCREENED PORCH EXISTING SCREENED ^^ N & FRONT PORCH 460 aq. ft. 0.9X PORCH & FRONT PORCH 460 sq. ft. 0.9% �1 D ` WOOD DECKS & STEPS 480 sq. ft. 1.0% EXISTING WOOD DECKS& STEPS 480 sq. ff. 1.0% FINAL MAP j SHED 75 sq. ft. 0.2% EXISTING SHED 75 sq. ft. 0.2% REVIEWED BY ZBA TOTAL 2,910 aq. ft. 6.OX PROPOSED POOL 684 aq. ft. 1.4% DECIS ION# -2-2 TOTAL 3,594 sq. ft. 7.4% DATED: (J1'�- N.Y.S. Lic. No. 50467 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 72LA Nathan [ ,OF THE NEW YORK STATE EDUCATION LAj M an TwQft Corwin ®r 'n l' COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL Surveyor EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. Land CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Successor To: Stanley J. ISaksen, Jr. L.S. g g LENDING INSTITUTION LISTED HEREON, AND ph A. In a no LS. TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. Title Surveys — Subdivisions — Site Plans — Construction Layout PHONE (631)727-2090 Fax (631)727-1727 THE EXISTENCE OF RIGHTS OF WAY OFFICES LOCATED AT MAIUNG ADDRESS AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 16 ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 33-058 i , V — — — — — — — _ _ _ PIP'NGTOBE \ \ rPVC \ 5'TILE SAND-+I ...� t 1 d bio !-__-_-_-_ -____- __-__ MARBLE OUST A o n - },t,e_" _ `j", SMICER Sp!AAIER n 44 STEELAEPAR ' ..�Ara1 ✓ \ (YERTICa[} �tl L « a is,p(t T ._(t'il;i}:� ` I 1 DEEP END 1 PA 57EEL REBAR '^.,:'. :,iS•;--- / \ 1 I 1 (HORQC0ITAL} _ � V�.�:f=-=- `:.;.,: / \ 1 •� 1 1 } O 1 12"OC .a CL 17'7036"RADIUS f ,Is-.�;1`te.On�V..;['TCs�lu.-:- ;' \ A'dw.,a'[t�nA / I I t SHALLOW END {VAP.IES} �• ' ' ::v1":"::!_..=:L`;:::'::._- \ ORYK'El[ / 1 Q9, ,1.�\ � . CONCRETE �...,.- r '..:_. � r F?LT-'q&PUeac\ .• CON1 W ....... 1 M.AtNURA ' V 'J/ • ..77i(a}_Y ."71L;ri n;�_.C�_.i - --,�- 1 UBN.3'APaRT _ _ r O {a- S°(tam-}� D b A •�,."!_: I..... — -- RETURN .�►' ' RETURN ^ r.+;, _ - jtt - •'11. _ :_iii{:. _ } \ ALL P21Pvc Oar / . ` v NOTES: FOO,.,BE FaCI:ATED6NE FCATR G;iIGNSPECiFlG::Ot$4ND — — — — — yp�-'— — — — . — — -- SOIL TO BE LEFT ON PP.CPERTY.SOIL TO BE STOCKPILED 09 RUF:GRADEO 03 PER(INNER)DN THE DAYOF 9.C..%I1 AV ONLY UNLESS Sat 15iO BE CA^n7,D RECEIVED IzO SN'1MING POOL STRUCTURE TO INCLUDE A MAT;OF 3i8'STEEL REBRR QED, 12'ON CENTER FOR 4YAlL5 AND FLOOR,6"ON CENTER FOR M.LiRANS1R0\ POEOBOND BEA OBEAR. THE POOL$HELLTMADE OOF (Ri Gp00r GUMTE N,!%iNOT117O;i$£ STEEL5T: N2"ONTETOPEDEFT"LCAGEATA7WCB55DFNOF5 FEB 10 2023 INTEL SALND NO LESS THAN TUE FLOOR. O POR FINISH OF POOL To SEPEBdiE7=04' RABLFNISK CCLORS PE67 $R / (LYNER. 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FC?Cor')lc I.-- yh:.:, .a �11y. l 45g _ .3?5 � [cl o n ,t7,t.r ' yrs'• d _' // /UQ 1%"'I , - 2/14123,2:05 PM Lifetime 8 ft,x 10 ft.Outdoor Storage Shed 6405-I )me Depot 8 ft.x 10 ft.Outdoor Storage Shed by Lifetime S1834 46 Roof Color Family Brown Roof Material Plastic RECEIVED Roof Material Plastic FEB 2023 1 Roof Pitch 6:12 Roof Shape Peak Zoning Board 01 Appeals Shed Type Plastic Siding Color Family Brov"n Storage Capacity(cu.ft.) 491.3 Style Modern Style Gaudenfrool Warranty/Certifications Manufacturer Warranty 10 Year Limited ciin:"*C Irw ncw:�rjurniodticl Questions&Answers 194 OUtntions Customer Reviews 4.3out of5'-***- (679) x Shop This 0611ection from Lifetime(2) All St lf'cs":' 'N t Lifetime Lifetime 8 ft.x 15 fl.Storage Shed 8 ft.x 12.5 ft.Outdocr Storage Shed zr-k*-: (as:;) t4.'v't 5175339 S189111 https://www.homedepot.com/piLifetime-B-ft-x-1 0-ft-Outdoor-Storage-Shed-6405120208001 I#overlay 416 2/14/23, 2:05 PM Lifetime 8 ft.z 10 ft:Outdoor Storage Shed 6405-T'l,._._ ime Depot 8 ft.x 10 f1.Outdoor Storage Shed ' by Lifetime 5183446 Specifications RECEIVED Dimensions:H 96 in.W 94 in,D 118 in FEB 1. ® 2023 _= Dimensions !�Ttg 1 1 ti Zoning Board of Appeals Ji Approximate Depth ft) 10 E l Approximate Width(ft.) 8 Assembled Depth(n.) 118in sem. Assembled Height(tn.) 96 in Assembled Width(in.) 94 in i Coverage Area(sq.ft.) 71,3 sq ft Door Opening Height(In.) 76 Door Opening Width(in.) 55 Exterior Peak Height(ft.) 8 it Sldewall Height(in.) 72 Details Assembly Required Yes Capacity(cu.ft.)-Total 491.3 cu ft Color Family Beiae Door Type Double Features Door Latch,Double Door,Lockable Door,Shelvino, Vents,Windows Floor Options With Floor Foundation Foundation Not Included Included Floor Manufacturers Recommended Assembly Time 6 (hours) Manufacturers Recommended Tools needed for appropriate Screwdriver and Drill Assembly Maximum Roof Load 3312 Maximum Wind Resistance 65 ! Number of People Recommended by Manufacturer 2 t to Assemble https://www.homedepot.com/p/Lifetime-8-ft-x-10-ft-Outdoor-Storage-Shed-6405/202080011#overiay 3/6 i 9 RECETITED FORM NO. 3 FEB 10 2023 481 TOWN OF SOUTHOLD Zoning Board of Appeals BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: February 8, 2023 TO: Jennifer Del Valglio (Pablo Peg LLC) PO Box 369 Peconic,NY 11958 Please take notice that your application dated January 18, 2023: For permit: to construct an accessory in-ground swimming pool and to legalize an existing shed(under 100 sq. ft.)at: Location of property: 375 Reydon Drive, Southold,NY County Tax Map No. 1000—Section 79 Block 5 Lot 23.1 Is returned herewith and disapproved on the following grounds: The proposed swimming pool and the existing accessory shed, on this conforming5_ 8 484 sq. ft. lot in the R-40 District, are not permitted pursuant to Article III Section 280-15 which states accessory buildings and structures shall be located in the required rear yard The proposed swimming pool is located in the front yard and the shed is located in the side yard. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. Fee:$ Filed By: Assignment No. ECEIV ED APPLICATION TO THE SOUTHOLD TOWN BOARD OF AP EAL EB 1.0 2023 AREA VARIANCE House No. Street Hamlet Zoning Board of Appeals 75 ¢,2 " �� SCTM 1000 SectionV Block 5 Lot(s) 3 , 1 Lot Size ZoneR- I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Owner(s): 8"/on, Pao L L L' Mailing Address: Z62Z k1i7deil R&a­ed_ /�ih��/a_ 41V 4/S�l Telephone:,,.5/(p /.V"G ax: Email:/J �Yi�J,�/�T Cji CphZ NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: tJ42A nJ761 &_1 Vag/io for()d Owner( )Other: Address:- �l� Q6a��9 !�B � Telephone: G3/•7%(-76oWax: Email: Please check to specify who you wish correspondence to be mailed to,from tl:e above names: ( )Applicant/Owner(s), 00 Authorized Representative, ( )Other Name/Address below: C� WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED FOR: ()-Building Permit�, avc�D ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction 00 Other: 74c1 of ��$deed.— ww Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: Section: Subsection: Type of Appeal. An Appeal is made for: �)A Variance to the Zoning Code or Zoning Map. c-,� ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( )has, 00 has not been made at any time with respect to this any time with respect to this proper,UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our off ce for assistance) Name of Owner: ZBA File# RECjj REASONS FOR APPEAL (Please be specific,additional sheets may be used with prepare 's FEB 1 signature notarized):1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detrimen to nearoa properties if granted,because: POv-A4 (VJ XpWG ,4e&,7 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: /�R.t: /jLZLa -�- ,�liZ Amit�J 1�i�LG ,Go�izZ� O„GrcJ Yell199 C�. 3.The amount of relief requested is not substantial because: 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: ze� �ic� �GriL 5.Has the alleged difficulty been self-created? { }Yes,or Al No Why: Are there any Covenants or Restrictions concerning this land? { }No )} Yes(please famish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. �AA- l Signature of Applicant or Authorized Agent (�� (Agent must submit written Authorization from Owner) Sworn to before me this '" ' ay 0 20 dA�71 ZVI/ Notary Public CONNIE D.BUNCH Notary Public,State of New York No.01 BU6185050 Qualified in Suffolk County Commission Expires April 14,20=W APPLICANT'S PROJECT DESCRIPTION APPLICANT: G DATE PREPARED: 1.For Demolition of Existing Building Areas Please describe areas being removed: UM RECtIVED 9 MIS H.New Construction Areas(New Dwelling or New Additions/Extensions): FEB -4 Dimensions of first floor extension: Iv Ig Zoning Board of Appeals Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If ye , lease provide height(above ground) measured from natural existing grade to first floor: M.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ewsiYuf Q Ito K An of Number of Floors and Changes WITH Alterations: A6/& IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: .' , 910 a Proposed increase of building coverage: �D T�-G�y! a Square footage of your lot: S�� ��4 /2 Percentage of coverage of your lot by building area: 7 IP/D V.Purpose of New Construction: et. /6 1(36 VI.Please describe the land contours(flat,slope %,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE RECEIVED FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? FEB t 0 2023 Yes No Zoning Board of pp eal P s B. Are there any proposals to change or alter land contours? _�{No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? 2.)Are those areas shown on the survey submitted with this applic ion? 3.)Is the property bulk headed between the wetlands area and the upland buifding ��o area? D ✓t f" "Oh "Cz' �iz:� 4.)If your property contains we lands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction?Please confirm status of your inquiry or application with the Trusteesand if issued,please attache` ` copies of permit with conditions and ' approved survey. 4 D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /?a E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? Z24 Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? /W If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: 0G Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? /1,0 If yes,please label the proximity of your lands on your survey.I. Please list present use or operations conducted at this parcel and the proposed use (ex: existing single family,proposed: same with garage,pool or other) Authorized signature and Date Town of Southold Annex 12/5/2013 P.Q.Box 1179 54375 Main Road RECEIVED �3 Southold,New York 11971 "� ,� FEB-1 �� Zoning Board of Appeals CERTIFICATE OF OCCUPANCY No: 36634 Date: 12/5/2013 THIS CERTIFIES that the budding RESIDENTIAL ADDITION Location of Property: 375 Reydon Dr, Southold, SCTM#: 473889 Sec/Block/Lot: 79.-5-23.1 Subdivision: Fled Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 7/17/2013 pursuant to which BuOding Permit No. 38200 dated 7/23/2013 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: additions and alterations to an existing singJe family dwelling as applied for. The certificate is issued to May,Paul&Ors. (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-13-0039 11/25/13 ELECTRICAL CERTIFICATE NO. 38200 10/7/13 PLUMBERS CERTIFICATION DATED 11/27/13 attituc Plumb' v 74rok S#aturerz FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall RECEIVED Southold,N.Y. FEB 10 2023 Certificate Of Occupancy Boas a f / p Zoning Appeals No. .1510. 9. . . .. . . . . . Date . . . . November 19. . . . . . . . . . . . . . 19 .86 . THIS CERTIFIES that the building . . . . .Q1?$. ,f,WiXX .(1WpA1i .g.. . . . . . . . . . . . . . . . . . . . s Location of Property 17.5. 1;4-,xdQxx Pv.. . . . . . . .SQV�old. . . . . . .. . . . . . . . . . . . House No. Street Hem%i County Tax Map No. 1000 Section 0.7.9. . . . . . . .Block . . .�5. . . . . . . . . .Lot . . . .2 3:1 . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . .Ju.].y.. 15. . . . . . . . . . , 19 8.6.pursuant to which Building Permit No. . ,1510 8 Z.. . . , , _ , . , . . dated . , .July,19. . . . . . . . . . . . . . . . 19 . 86 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:. . . . . . . . . . . . . . . . . . . . .I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . , JOSEPH CASSIDY of the aforesaid building. Suffolk County Department of Health Approval .. . . .K-AQ784 . . . . . .. . . . . .. . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . .N777865 . . . . . . . . . . . . . . . . . .. . . . . . . . . PLUMBERS CERTIFICATE 11/19/86 4: • . • Building Inspector now.1/81 RECEIVED OPERATING AGREEMENT FEB I 0 2023 '+q-� OF Zoning Board of Appeals PABLOPEG, LLC Table of Contents Article 1. Formation Article 2. Name Article 3. Purposes Article 4. Place of Business Article 5. Term Article 6. Capital Contributions Article 7. Loans and Advances by Members Article 8. Allocations and Distributions Article 9. Books, Records and Tax Returns Article 10. Bank Accounts Article 11. Management of the Limited Liability Company Article 12. Meetings of Members Article 13. Assignment of Interests Article 14. Right of First Refusal Article 15. Covenant Not To Compete Article 16. Admission of New Members Article 17. Dissolution and Liquidation Article 18. Representations of Members Article 19. Certificates Evidencing Membership Article 20. Notices Article 21. Arbitration Article 22. Amendments Article 23. Miscellaneous EXHIBIT A RECEIVED FEB fl.0 2023 " l Zoning Board of Appeals Paul V. May and Margaret C. May: 3/4 interest in 375 Reydon Drive, Southold,NY 11971 $150,750 1/11 interest in 1304 Cedar Point Drive East, Southold,NY 11971 $181,818 AGREEMENT, made March 21, 2014,by Paul V. May and Margaret C. May, having an address at 151 Linden Road, Mineola, NY 11501, (hereinafter referred to as " ng Members and Members"). RECEIVED FEB 10 2023 WITNESSETH : q4--8I Zoning Board of Appeals WHEREAS, the parties hereto desire to create th this limited liability company pursuant to the laws of the State of New York for the purposes hereinafter set forth, and to establish their respective rights and obligations in connection with the limited liability company; NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the Managing Members and Members agree as follows: 1. Formation The parties hereby confirm that they have formed a limited liability company (the "Limited Liability Company") pursuant to the provisions of the New York Limited Liability Company Act, for the purposes and the period and upon the terms and conditions hereinafter set forth. The parties have caused to be filed the Articles of Organization of the Limited Liability Company, and shall execute, acknowledge, swear to and file any other documents required under applicable law. 2. Name The name of the Limited Liability Company shall be the PABLOPEG, LLC, and all business of the Limited Liability Company shall be conducted under said name, or such other name as the Members from time to time may determine. 3. Purposes The purposes of the Limited Liability Company are to acquire, own, hold, improve, manage and operate any real property as determined by the Managing Members to be in the best interest of the Limited Liability Company (the "Property"); to incur indebtedness, secured and un- secured; to mortgage, finance, refinance, encumber, lease, sell, exchange, convey, transfer or otherwise deal with or dispose of the Property; to enter into and perform contracts and agreements of any kind necessary, in connection with or incidental to the business of the Limited Liability Company; to invest and or reinvest any of the funds of The Limited Liability Company; and to carry on any other activities necessary, in connection with or incidental to the foregoing, and to engage in any other lawful business as the Managing Members in their discretion may deem desirable. LBoard 2023 4. Place of Businesseats The principal place of business of the Limited Liabilitat having an address at 375 Reydon Drive, Southold, NY 11971, in the County of Suffolk, or at such other or additional places of business within or outside of the State of New York as the Managing Members from time to time may designate. The Managing Members shall notify the other Members of any change of the principal place of business. The Limited Liability Company hereby designates the Secretary of State of New York as agent of the Limited Liability Company for the service of process. 5. Term The term of the Limited Liability Company shall commence on the filing of the Articles of Organization of the Limited Liability Company, which was accomplished on February 28, 2014, and shall continue until the occurrence of an event hereinafter set forth which causes the termination of the Limited Liability Company. 6. Capital Contributions The Managing Members have contributed to the capital of the Limited Liability Company, by assignment of even date herewith, all of the Managing Members' right, title and interest in and to the Property and all agreements related thereto as appears on Exhibit A annexed hereto. Each of the Members shall contribute to the capital of the Limited Liability Company the amount set forth opposite his name below: Paul V. May and Margaret C. May: 3/4 interest in 375 Reydon Drive, Southold,NY 11971 $150,750 1/11 interest in 1304 Cedar Point Drive East, Southold,NY 11971 $181,818 Any Member may elect to pay up to 100 percent of such capital contribution by delivery of a Promissory Note, in the standard form of the Promissory Note, in said amount payable to the order of the Limited Liability Company, executed by such Member upon his execution of this Agreement. Such Promissory Note shall be secured by such Member's interest in the Limited Liability Company. The Members shall not be required to make any additional capital contributions. Except as specifically provided in this Agreement or required by law, no Member shall have the right to withdraw or reduce his contributions to the capital of the Limited Liability Company until the termination of the Limited Liability Company. No Member shall have the right to demand and receive any distribution from the Limited Liability Company in any form other than cash, regardless of the nature of such Member's capital contribution. No Member shall be paid interest on capital contributions to the Limited Liability Company. The liability of any Member for the losses, debts, liabilities and obligations, of the Limited Liability Company shall be limited to paying the following: the capital contribution of such Member when due under this Agreement; such Member's share of any undistributed assets of the Limited Liability Company; and (only if and to the extent at any time requira4 by applicable lalv) any amounts previously distributed to such Member by the Limited Liability C mpan:RECEIVED FEB 10 2023 7. Loans and Advances by Members 3--��8 1 Zoning Board of Appeals If any Member shall loan or advance any funds to the Limited excess of the capital contribution of such Member prescribed herein, such loan or advance shall not be deemed a capital contribution to the Limited Liability Company and shall not in any respect increase such Member's interest in the Limited Liability Company. 8. Allocations and Distributions As used in this Agreement, the terms "net profits" and "net losses" shall mean the profits or losses of the Limited Liability Company from the conduct of the Limited Liability Company's business, after all expenses incurred in connection therewith have been paid or provided for, including any allowance for depreciation or amortization of the cost of the Property. The term "cash receipts" shall mean all cash receipts of the Limited Liability Company from whatever source derived, including without limitation capital contributions made by the Members; the proceeds of any sale, exchange, condemnation or other disposition of all or any part of the Property or other assets of the Limited Liability Company; the proceeds of any loan to the Limited Liability Company; the proceeds of any mortgage or refinancing of any mortgage on all or any part of the Property or other assets of the Limited Liability Company; interest on any funds deposited by the Limited Liability Company; the proceeds of any insurance policy for fire or other casualty damage payable to the Limited Liability Company; and the proceeds from the liquidation of the Property or other assets of the Limited Liability Company following a termination of the Limited Liability Company. The term "capital transactions" shall mean any of the following: the sale of all or any part of the Property or other assets of the Limited Liability Company or interests therein; the refinancing or recasting of mortgages or other liabilities of the Limited Liability Company; the condemnation of the Property to the extent the award is not used for restoration; the receipt of insurance proceeds; and any other similar or extraordinary receipts or proceeds which in accordance with generally accepted accounting principles are attributable to capital, including transactions in connection with the termination and dissolution of the Limited Liability Company. The "capital account" for each Member shall mean the account established, determined and maintained for such Member in accordance with Section 704(b) of the Internal Revenue Code and Treasury Regulation Section 1.704-1(b)(2)(iv). The capital account for each Member shall be increased by (1)the amount of money contributed by such Member to the Limited Liability Company, (2) the fair market value of property contributed by such Member to the Limited Liability Company (net of liabilities secured by such contributed property that the Limited Liability Company is considered to assume or take subject to under Section 752 of the Internal Revenue Code), and (3) allocations to such Member of Limited Liability Company income and gain (or items thereof), including income and gain exempt from tax and income and gain described in Trea. Reg. Section 1.704-1(b)(2)(iv)(g), but excluding income and gain described in subsection (b)(4)(i) of said Regulation, and shall be decreased by (4) the amount of money distributed to such Member by the Limited Liability Company, (5) the fair market value of property distributed to such Member by the Limited Liability Company (net of liabilities secured by such distributed property that such Member is considered to assume or take subject to under Section 752 of the Code), (6) allocations to such Member of expenditures of the Limited Liability Company described in Section 705(a)(2)(B) of the Code, and (7) allocations of Limited Liability Company loss and deduction (or items thereof) including loss and deduction described in Trea. Reg. Section 1.704-1(b)(2)(iv)(g), but excluding items described in (6) above and loss or deduction described in subsections (b)(4)(i) or (b)(4)(iii) of said Regulation. Net profits and net losses of the Limited Liability Company from other than capital transactions, as of the end of any fiscal year or other period, shall be credited or charged to the capital accounts of the Members prior to any charge or credit to said capital accounts for net profits and net losses of the Limited Liability Company from capital transactions as of the end of such fiscal year or other period. The capital account for each Member shall be otherwise adjusted in accordance with the additional rules of Trea. Reg. Section 1.704-1(b)(2)(iv). The term "Members' Percentage Interests" shall mean the percentages set forth opposite the name of each Member bel • RECEIVED Managing Members Percentage Interest Paul V. May FEB 10 2023 50% Margaret C. May Zoning Board of Appeals 50% During each fiscal year, the net profits and net losses of the Limited Liability Company (other than from capital transactions), and each item of income, gain, loss, deduction or credit entering into the computation thereof, shall be credited or charged, as the case may be, to the capital accounts of each Member in proportion to the Members' Percentage Interests. The net profits of the Limited Liability Company from capital transactions shall be allocated in the following order of priority: (a) to offset any negative balance in the capital accounts of the Members in proportion to the amounts of the negative balance in their respective capital accounts, until all negative balances in the capital accounts have been eliminated; then (b) to the Members in proportion to the Members' Percentage Interests. The net losses of the Limited Liability Company from capital transactions shall be allocated in the following order of priority: (a) to the extent that the balances in the capital accounts of any Members are in excess of their original contributions, to such Members in proportion to such excess balances in the capital accounts until all such excess balances have been reduced to zero; then (b) to the Members in proportion to the Members' Percentage Interests. The cash receipts of the Limited Liability Company shall be applied in the following order of priority: (a) to the payment by the Limited Liability Company of interest or amortization on any mortgages on the Property, amounts due on debts and liabilities of the Limited Liability Company other than to any Member, and operating expenses of the Limited Liability Company; (b) to the payment of interest and amortization due on any loan made to the Limited Liability Company by any Member; (c) to the establishment of cash reserves determined by the Managing Members to be necessary or appropriate, including without limitation reserves for the operation of the Limited Liability Company's business, repairs, replacements, taxes and contingencies; and (d) to the repayment of any loans made to the Limited Liability Company by any Member. Thereafter, the cash receipts of the Limited Liability Company shall be distributed among the AMATherea er provided. FEB 10 2023RS 1 The cash receipts of the Limited Liability Company shall be distributed to t 4e Members from time to time at such times as the Managing Members sEatf r&f� i*@f AUpWn- templated that distributions will be made if the Managing Members deem such distributions to be prudent and feasible. Except as otherwise provided in this Agreement or required by law, distributions of cash receipts of the Limited Liability Company, other than from capital transactions, shall be allocated among the Members in proportion to the Members'Percentage Interests. Except as otherwise provided in this Agreement or required by law, distributions of cash receipts from capital transactions shall be allocated in the following order of priority: (a) to the Members in proportion to their respective capital accounts until each Member has received cash distributions equal to any positive balance in his capital account; then (b) to the Members in proportion to the Members'Percentage Interests. Special Allocations --Notwithstanding the preceding provisions of this Article 8, the following special allocations shall be made in the following order: (1) Minimum Gain Chargeback -- Except as otherwise provided in Trea. Reg. Section 1.704-2(f), if there is a net decrease in partnership minimum gain (within the meaning of Trea. Reg. Sections 1.704-2(b)(2) and 1.704-2(d)) during any fiscal year, each Member shall be allocated items of the Limited Liability Company's income and .gain for such fiscal year (and, if necessary, subsequent fiscal years) in an amount equal to such Member's share of the net decrease in partnership minimum gain, determined in accordance with Trea. Reg. Section 1.704-2(g). Allocations made pursuant to the preceding sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Trea. Reg. Sections 1.704-2(f)(6) and 1.704-20)(2). This provision is intended to comply with the minimum gain chargeback requirement in Trea. Reg. Section 1.704-2(f) and shall be interpreted consistently therewith. (2) _Partner Minimum Gain Char eback-- Except as otherwise provided in Trea. Reg. Section 1.704-2(i)(4), if there is a net decrease in partner nonrecourse debt minimum gain attributable to a partner nonrecourse debt during any fiscal year, each Member who has a share of the partner nonrecourse debt minimum gain attributable to such partner nonrecourse debt, determined in accordance with Trea. Reg. Section 1.704.2(i)(5), shall be allocated items of the Limited Liability Company's income and gain for such fiscal year (and, if necessary, subsequent fiscal years) in an amount equal to such Member's share of the net decrease in partner nonrecourse debt minimum gain attributable to such partner nonrecourse debt, determined in accordance with Trea. Reg. Section 1.704-2(1)(4). Allocations made pursuant to the preceding sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Trea. Reg. Sections 1.704-2(i)(4) and 1.704-20)(2). As used herein, "partner nonrecourse debt" has the meaning set forth in Trea. Reg. Section 1.704-2(b)(4). As used herein, "partner nonrecourse debt minimum gain" shall mean an amount, with respect to each partner nonrecourse debt, equal to the partnership minimum gain (within the meaning of Trea. Reg. Sections 1.704-2(b)(2) and 1.704-2(d)) that would result if such partner nonrecourse debt were treated as a nonrecourse liability (within the meaning of Trea. Reg. Section 1.704-2(b)(3 determined in accordance with Trea. Reg. Section 1.704-2(i)(3). Thi provi�@ . sIVE® intended to comply with the minimum gain chargeback requirement n Trea. Reg. Section 1.704-2(i)(4) and shall be interpreted consistently therewith. FEB 10 2023 (3) Qualified Income Offset -- In the event any Member unexpected) receives any q� adjustments, allocations or distributions described in Trea. Reg. Segqaoq.fwd of Appeals I(b)(2)(ii)(d)(4), (5) or (6), items of the Limited Liability Company's income and gain shall be allocated to such Member in an amount and manner sufficient to eliminate, to the extent required by the Regulations, any adjusted capital account deficit in such Member's capital account, as quickly as possible, provided that an allocation pursuant to this provision shall be made only if and to the extent that such Member would have an adjusted capital account deficit in such Member's capital account after all other allocations provided for in this Article 8 have been tentatively made as if this provision were not in this Agreement. As used herein, "adjusted capital account deficit" shall mean the deficit balance, if any, in a Member's capital account at the end of the relevant fiscal year after the following adjustments: (i) credit to such capital account the minimum gain chargeback which the Member is obligated to restore pursuant to the penultimate sentences of Trea. Reg. Sections 1.704-2(g)(1) and 1.704- 2(i)(5); and (ii) debit to such capital account the items described in Trea. Reg. Sections 1.704-1(b)(2)(ii)(d)(4), (5) and (6). This provision is intended to constitute a qualified income offset within the meaning of Trea. Reg. Section 1.704-1(b)(2)(ii)(d) and shall be interpreted consistently therewith. (4) Gross Income Allocation -- In the event any Member has a deficit capital account at the end of any fiscal year which is in excess of the sum of the amounts such Member is deemed to be obligated to restore pursuant to the penultimate sentences of Trea. Reg. Sections 1.704-2(g)(1) and 1.704-2(i)(5), each such Member shall be allocated items of the Limited Liability Company's income and gain in the amount of such excess as quickly as possible, provided that an allocation pursuant to this provision shall be made only if and to the extent that such Member would have a deficit in such Member's capital account in excess of such sum after all other allocations provided for in this Article 8 have been tentatively made as if this provision and the provisions of clause (3) above were not in this Agreement. (5) Nonrecourse Deductions --Nonrecourse deductions (within the meaning of Trea. Reg. Section 1.704-2(b)(1)) for any fiscal year shall be allocated among the Members in proportion to the Members'Percentage Interests. (6) Partner Nonrecourse Deductions -- Any partner nonrecourse deductions (within the meaning of Trea. Reg. Sections 1.704-2(b)(1) and 1.704-2(b)(2)) for any fiscal year shall be allocated to the Member who bears the economic risk of loss with respect to the partner nonrecourse debt (within the meaning of Trea. Reg. Section 1.704-2(b)(4)) to which such partner nonrecourse deductions are attributable in accordance with Trea. Reg. Section 1.704-2(i)(1). (7) Other Mandatory Allocations -- In the event Section 704(c) of the Internal Revenue Code or the Regulations thereunder require allocations in a manner different than that set forth above in this Article 8, the provisions of Section 704(c) and the Regulations thereunder shall control such allocations among the Members. It is the intention of the Members that the allocations hereunder shall be deemed to have "substantial economic effect" within the meaning of Section 704 of the Internal Revenue Code and Trea. Reg. Section 1.704-1. Should the provisions of this Agreement be inconsistent with or in conflict with Section 704 of the Code or the Regulations thereunder, then Section 704 of the Code and the Regulations shall be deemed to override the contrary provisions hereof. If Section 704 or the Regulations at any time require that limited liability company operating agreements contain provisions which are not expressly set forth herein, such provisions shall be incorporated into this Agreement by reference and shall be deemed a part of this Agreement to the same extent as though they had been expressly set forth herein, and the Managing Members shall be authorized by an instrument in writing to amend the terms of this Agreement to add such isions, and any such amendment shall be retroactive to whatever extent required to create allo ationsu s a economic effect. OWED FEB -1.0 2OJ3 9. Books,Records and Tax Returns Zoning Board of A ppeals At all times during the continuance of the Limited Liability Company, the Managing Members shall keep or cause to be kept complete and accurate records and books of account in which shall be entered each transaction of the Limited Liability Company in accordance with generally accepted accounting principles. The fiscal year of the Limited Liability Company for both accounting and income tax purposes shall be the calendar year. The Limited Liability Company shall report its operations, net income and net losses in accordance with the methods of accounting selected by the Managing Members. The Managing Members may employ on behalf of the Limited Liability Company and at the expense of the Limited Liability Company such firm of certified public accountants as the Managing Members in their sole discretion deems appropriate to serve as the Limited Liability Company's accountants. The Managing Members shall furnish to each Member, within seventy-five days after the end of each fiscal year, an annual report of the Limited Liability Company which shall include a balance sheet as of the end of such fiscal year; a profit and loss statement of the Limited Liability Company for such fiscal year; a statement of the balance in the capital account of such Member; and the amount of such Member's share of the Limited Liability Company's income, gain, losses, deductions and other relevant items for federal income tax purposes. The Managing Members shall prepare or cause to be prepared all federal, state and local income tax and information returns for the Limited Liability Company, and shall cause such tax and information returns to be filed timely with the appropriate governmental authorities. Within seventy-five days after the end of each fiscal year, the Managing Members shall forward to each person who was a Member during the preceding fiscal year a true copy of the Limited Liability Company's information return filed with the Internal Revenue Service for the preceding fiscal year. The Managing Members shall not be liable to any Member if any taxing authority disallows or adjusts any deductions or credits in the Limited Liability Company's income tax or information returns. All elections required or permitted to be made by the Limited Liability Company under the Internal Revenue Code, and the designation of a tax matters partner pursuant to Section 6231(a)(7) of the Internal Revenue Code for all purposes permitted or required by the Code, shall be made by the Managing Members. The tax matters partner shall take such action as may be necessary to cause each other Member to become a notice member within the meaning of Section 6223 of the Code. The tax matters partner may not take any action contemplated by Sections 6222 through 6232 of the Code without the consent of the Managing Members. The Managing Members shall furnish to each Member, promptly upon request, a current list of the names and addresses of all of the Managing Members and other Members of the Limited Liability Company, and any other persons or entities having an financial interest in the Limited Liability Company. RECEIVED FEB .1 0 2023 10. Bank Accounts Zoning Board of Appeals All funds of the Limited Liability Company shall be e Limrte Liability Company's name in such bank account or accounts as shall be designated by the Managing Members. Withdrawals from any such bank accounts shall be made only in the regular course of business of the Limited Liability Company and shall be made upon such signature or signatures as the Managing Members from time to time may designate. 11. Management of the Limited Liability Company The Members hereby designate Paul V. May and Margaret C. May, having an address at 151 Linden Road, Mineola, NY 11501, to serve as Managing Members for the Limited Liability Company. The business and affairs of the Limited Liability Company shall be conducted and managed by the Managing Members of the Limited Liability Company in accordance with this Agreement and the laws of New York. The Managing Members collectively shall constitute the Board of Managers for the Limited Liability Company. The Board of Managers shall hold such meetings, elect such officers and adopt such rules and procedures for the management of the Limited Liability Company, not inconsistent with the provisions of this Agreement, as Managing Members from time to time may determine. At any time there is more than one Managing Member, any difference arising as to any matter within the authority of Managing Members shall be decided by a majority in number of the Managing Members. If at any time the Managing Members do not own, in the aggregate, at least 33 percent of the Members' Percentage Interests, all of the Members shall be Managing Members until such time as the Members duly elect Managing Members who do own at least 33 percent of the Members'Percentage Interests. The Managing Members shall have responsibility for the day-to-day management of the business and affairs of the Limited Liability Company and shall devote such time and attention RECEIVED as the Managing Members deem necessary to the conduct and mana emeri f p6 t i�l i ess a ad affairs of the Limited Liability Company. T+'S ' Each of the Managing Members hereby is given sole po ?io §Rllmq�GW&ite instruments-on behalf of the Limited Liability Company and to otherwise Dina tile LimiteZ1 Liabil.'ty Company. No Member, other than the Managing Members or their designees, shall have the authority, or shall take any action as a Member, to bind the Limited Liability Company. Except as provided elsewhere in this Agreement, or by nonwaivable provisions of applicable law, the Managing Members shall possess and enjoy all rights and powers necessary or appropriate for the conduct and management of the business and affairs of the Limited Liability Company and hereby are authorized to make all decisions relating to the business and affairs of the Limited Liability Company. The Managing Members may make decisions relating to: the acquisition, sale, exchange, lease, or other disposition of the Property; the maintenance, management and operation of the Property; the borrowing of money and the obtaining of loans, secured and unsecured, for the Limited Liability Company and in connection therewith the issuance of notes, debentures and other debt securities and the securing of the same by mortgaging, assigning for security purposes, pledging or hypothecating all or part of the Property and other assets of the Limited Liability Company; the expenditure of the capital and receipts of the Limited Liability Company in furtherance of the business of the Limited Liability Company; the purchase of equipment, supplies and services as the Managing Members deem appropriate; the purchase of hazard, liability and other insurance which the Managing Members may deem necessary or proper; the employment of attorneys, accountants, brokers, consultants and other persons, firms and corporations to render services to the Limited Liability Company as the Managing Members may deem necessary or proper; and the taking of all other actions and the execution and delivery of any and all other instruments and agreements as the Managing Members may deem appropriate to carry out the intents and purposes of this Agreement. Notwithstanding any other provision of this Agreement, the Managing Members shall not, without the prior written consent of the unanimous vote or consent of the Members, sell, exchange, lease, assign or otherwise transfer all or substantially all of the assets of the Limited Liability Company; sell, exchange, lease (other than space leases in the ordinary course of business), assign or transfer the Property; mortgage, pledge or encumber the Property other than as expressly authorized by this Agreement; prepay, refinance, modify, extend or consolidate any existing mortgages or encumbrances; borrow money on behalf of the Limited Liability Company in the excess of$50,000.00; lend any Limited Liability Company funds or other assets to any person in an amount or with a value in the excess of$50,000.00; confess a judgment against the Limited Liability Company; settle, compromise or release, discharge or pay any claim, demand or debt in excess of $25,000.00, including claims for insurance; approve a merger or consolidation of the Limited Liability Company with or into any other limited liability company, corporation, partnership or other entity: or change the nature or character of the business of the Limited Liability Company. The Managing Members shall purchase insurance against loss or damage to the Property by fire or other risks embraced by extended coverage, in amounts sufficient to prevent the Limited Liability Company from becoming a co-insurer, and shall maintain such other hazard and liability insurance against such risks and in such amounts as the Managing Members shall deem advisable but at least against such risks and in such amounts as customarily is maintained for similar properties in the vicinity of the Property. The Managing Members may employ on behalf of the Limited Liability Company, on such terms and for such compensation as the Managing Members may determine, any persons, firms or corporations, including accountants and attorneys, as the Managing Members, in their sole judgment shall deem desirable for the management of the Property and the business and affairs of the Limited Liability Company. Any such person, firm or corporation may also be employed by the Managing Members in connection with any other business of the Managing Members. The Managing Members shall be reimbursed by the Limited Liability Company for all direct out-of-pocket expenses incurred by the Managing Members on behalf of the Limited Liability Company in connection with the performance of their duties hereunder, including without limitation amounts payable by the Managing Members for office, accounti ftg-ac services, materials, facilities and professional and legal services rendered or furnisREMIMEDimited Liability Company, and reasonable fees and other expenses incurred in connection with any sale or refinancing of the Property. FEB-1 0 2023 Except as expressly provided in this Agreement, n g gel ofoApvgdla compensation shall be paid to the Managing Members for the rendition Liability Company. A Managing Member's duty of care in the discharge of the Managing Member's duties to the Limited Liability Company and the Members is limited to refraining from engaging in grossly negligent conduct, intentional misconduct, or a knowing violation of law. In discharging the duties of a Managing Member, the Managing Member shall be fully protected in relying in good faith upon the records of the Limited Liability Company and upon such information, opinions, reports or statements by other Managing Members, Members, agents or other persons as to matters the Managing Member reasonably believes are within such person's professional or expert competence, including without limitation information, opinions, reports or statements as to the value or amount of the assets, liabilities, profits or losses of the Limited Liability Company or any other facts pertinent to the existence and amount of assets from which distributions to Members might properly be paid. To the extent of the Limited Liability Company's assets, and to the extent permitted by law, the Limited Liability Company shall indemnify and hold each Managing Member harmless from and against all liability, claim, loss, damage or expense, including reasonable attorneys' fees, incurred by the Managing Member by reason of any act or omission of the Managing Member made in good faith on behalf of the Limited Liability Company. Except as expressly provided elsewhere in this Agreement, any decisions which are to be made by the Members, rather than the Managing Members, shall be made by the unanimous vote or consent of the Members. 12. Meetings of Members The annual meeting of the Members shall be held on the third Friday in the month of March at 11:00 A.M., at the principal office of the Limited Liability Company, for the purpose of transacting such business as may come before the meeting. If the day fixed for the annual meeting shall be a legal holiday, such meeting shall be held on the next succeeding business day. The Members may by resolution prescribe the time an Mtheholdingng of regular meetings and may provide that the adoption of such resolution sh 11 cof suregular meetings. (Special meetings of the Members, for any purpose or p osesy eManaging Members or by any two Members (or such other number o Memmbe sfrom time to time may specify). onials Written or telephonic notice stating the place, day and hour of the meeting and, in the case of a special meeting, the purpose for which the meeting is called, shall be delivered not less than three days before the date of the meeting, either personally or by mail, by or at the direction of the Managing Members, to each Member of record entitled to vote at such meeting. When all the Members of the Limited Liability Company are present at any meeting, or if those not present sign a written waiver of notice of such meeting, or subsequently ratify all the proceedings thereof, the transactions of such meeting shall be valid as if a meeting had been formally called and notice had been given. At any meeting of the Members, the presence of all of the Members, as determined from the books of the Limited Liability Company, represented in person or by proxy, shall constitute a quorum for the conduct of the general business of the Limited Liability Company. However, if any particular action by the Limited Liability Company shall require the vote or consent of some other number or percentage of Members pursuant to this Agreement, a quorum for the purpose of taking such action shall require such other number or percentage of Members. If a quorum is not present, the meeting may be adjourned from time to time without further notice, and if a quorum is present at the adjourned meeting any business may be transacted which might have been transacted at the meeting as originally notified. The Members present at a duly organized meeting may continue to transact business until adjournment, notwithstanding the withdrawal of enough Members to leave less than a quorum. At all meetings of the Members, a Member may vote by proxy executed in writing by the Member or by a duly authorized attorney-in-fact of the Member. Such proxy shall be filed with the Managing Members of the Limited Liability Company before or at the time of the meeting. No proxy shall be valid after three months from the date of execution, unless otherwise provided in the proxy. If at any time a Member is a corporation, partnership or limited liability company, the interest of such Member may be voted by such officer, partner, agent or proxy of such Member as the bylaws, board directors, or other organization documents of such entity may duly authorize. The Managing Members or their designee shall preside at meetings of the Members. A record of the meetings shall be maintained by a secretary of the meetings designated by the Managing Members. The Members may adopt their own rules of procedure, which shall not be inconsistent with this Operating Agreement. A Member of the Limited Liability Company who is present at a meeting of the Members at which action on any matter is taken shall be presumed to have assented to the action taken, unless the dissent of such Member shall be entered in the minutes of the meeting or unless such Member shall file a written dissent to such action with the person acting as the secretary of the meeting before the adjournment thereof or shall forward such dissent by certified mail to the Limited Liability Company within fifteen days after the adjournment of meeting. Such right to dissent shall not apply to a Member who voted in favor of such action. Unless otherwise provided by law, any action required to be taken at a meeting of the Members, or any other action which may be taken at a meeting of the Members, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the Members entitled to vote with respect to the subject thereof. Members of the Limited Liability Company may participate in any meeting of the Members by means of conference telephone or similar communication if all persons participating in such meeting can hear one another for the entire discussion of the matters to be voted upon. Participation in a meeting pursuant to this paragraph shall constitute pr ce in erson at such meeting. RECEIVED FEB 102023 13. Assignment of Interests -'T9 I Zoning Board of App ipIs Except as otherwise provided in this Agreement, no Memb din any interest in the Limited Liability Company may assign, pledge, hypothecate, transfer or otherwise dispose of all or any part of his interest in the Limited Liability Company, including without limitation the capital, profits or distributions of the Limited Liability Company without the prior written consent of the other Members in each instance. A Member may assign all or any part of such Member's interest in the allocations and distributions of the Limited Liability Company to any of the following (collectively the "permitted assignees"): any person, trust, corporation, partnership or other entity as to which the Limited Liability Company has given consent to the assignment of such interest in the allocations and distributions of the Limited Liability Company by the unanimous vote or consent of the Members. An assignment to a permitted assignee shall only entitle the permitted assignee to the allocations and distributions to which the assigned interest is entitled, unless such permitted assignee applies for admission.to the Limited Liability Company and is admitted to the Limited Liability Company as a Member in accordance with this Agreement. An assignment, pledge, hypothecation, transfer or other disposition of all or any part of the interest of a Member in the Limited Liability Company or other person holding any interest in the Limited Liability Company in violation of the provisions hereof shall be null and void for all purposes. No assignment, transfer or other disposition of all or any part of the interest of any Member permitted under this Agreement shall be binding upon the Limited Liability Company unless said transfer is made to any person that is related by blood or marriage, or to any trust, corporation, partnership or other entity that all of the beneficiaries, shareholders, partners or members are related to PAUL V. MAY or MARGARET C. MAY by blood or marriage. No assignment, transfer or other disposition of all or any part of the interest of any Member permitted under this Agreement shall be binding upon the Limited Liability Company unless and until a duly executed and acknowledged counterpart of such assignment or instrument of transfer, including a membership certificate of the LLC, in form and substance satisfactory to the Managing Members, has been delivered to the Limited Liability Company. No assignment or other disposition of any interest of any Member may be made if such assignment or disposition, alone or when combined with other transactions, would result in the termination of the Limited Liability Company within the meaning of Section 708 of the Internal Revenue Code or under any other relevant section of the Code or any successor statute. No assignment or other disposition of any interest of any Member may be made without an opinion of counsel satisfactory to the Managing Members that such assignment or disposition is subject to an effective registration under, or exempt from the registration requirements of, the applicable federal and state securities laws. No interest in the Limited Liability Company may be assigned or given to any person below the age of 21 years or to a person who has been adjudged to be insane or incompetent. Anything herein contained to the contrary, the Managing Members and the Limited Liability Company shall be entitled to treat the record holder of the interest of a Member as the absolute owner thereof, and shall incur no liability by reason of distributions made in good faith to such record holder, unless and until there has been delivered to the Managing Members the assignment or other instrument of transfer and such other evidence as may be reasonably required by the Managing Members to establish to the satisfaction of the Managing Me ers t at an in eres been assigned or transferred in accordance with this Agreement. ECEIVED FEB 10 2023 14. Right of First RefusalI Zoning Board of Appeals If a Member desires to sell, transfer or otherwise dispose of all or any part of his interest in the Limited Liability Company, such Member (the "Selling Member") shall first offer to sell and convey such interest to the other Members before selling, transferring or otherwise disposing of such interest to any other person, corporation or other entity. Such offer shall be in writing, shall be given to every other Member, and shall set forth the interest to be sold, the purchase price to be paid, the date on which the closing is to take place (which date shall be not less than thirty nor more than sixty days after the delivery of the offer), the location within the State of New York at which the closing is to take place, and all other material terms and conditions of the sale, transfer or other disposition. Within fifteen days after the delivery of said offer the other Members shall deliver to the Selling Member a written notice either accepting or rejecting the offer. Failure to deliver said notice within said fifteen days conclusively shall be deemed a rejection of the offer. Any or all of the other Members may elect to accept the offer, and if more than one of the other Members elects to accept the offer, the interest being sold and the purchase price therefor shall be allocated among the Members so accepting the offer in proportion to their Members' Percentage Interests, unless they otherwise agree in writing. If any or all of the other Members elect to accept the offer, then the closing of title shall be held in accordance with the offer and the Selling Member shall deliver to the other Members who have accepted the offer an assignment of the interest being sold by the Selling Member, and said other Members shall pay the purchase price prescribed in the offer. If no other Member accepts the offer, or if the Members who have accepted such offer default in their obligations to purchase the interest, then the Selling Member within 90 days after the delivery of the offer may sell such interest to any other person or entity at a purchase price which is not less than the purchase price prescribed in the offer and upon terms and conditions which are substantially the same as the terms and conditions set forth in the offer, provided all other. applicable requirements of this Agreement are complied with. An assignment of such interest to a person or entity who is not a Member of the Limited Liability Company shall only entitle such person or entity to the allocations and distributions to which the assigned interest is entitled, unless Yi such person or entity applies for admission to the Limited Liability Company and is admitted to the Limited Liability Company as a Member in accordance with this Agreement. If the Selling Member does not sell such interest within said 90 days, then the Selling Member may not thereafter sell such interest without again offeringMer her Members in accordance with this Article 14. 15. Covenant Not To Compete ls Each of the Members covenants and agrees not to establisr in any manner whatsoever become interested, directly or indirectly, as employee, owner, partner, agent, stockholder, director, officer or otherwise, in any business, trade or occupation which competes with the business of the Limited Liability Company for the period and within the area hereinafter set forth. Such competition shall not include simply owning other properties in the geographic area mentioned below individually, in trust or in any legal business entity. The foregoing covenant not to compete shall remain in full force and effect for all of the following time periods: (a) during the entire time that such Member is employed by the Limited Liability Company, including any periods of temporary or permanent disability; and (b) during the entire time that such Member is the record owner or beneficial owner of any interest in the Limited Liability Company; and (c) for a period of 3 years after such Member's retirement from or termination of employment by the Limited Liability Company; and (d) for a period of 3 years after the sale or other disposition of all of such Member's interest in the Limited Liability Company. The foregoing covenant not to compete shall be effective within the following geographical area: NASSAU COUNTY and SUFFOLK COUNTY in NEW YORK STATE. Notwithstanding the foregoing, this Article shall not prevent any party hereto from owning up to five percent of the stock of any corporation, whether or not it competes with the Limited Liability Company, provided that the shares of such corporation are publicly traded on the American Stock Exchange, New York Stock Exchange, NASDAQ, Over The Counter, or other organized and generally recognized stock exchange. Any Member may apply to a court of equity or other court of competent jurisdiction for injunctive relief to enforce this Article and/or to obtain monetary damages by reason of a breach of this Article. 16. Admission of New Members The Managing Members may admit new Members (or transferees of any interests of existing Members) into the Limited Liability Company by the unanimous vote or consent of the Managing Members. As a condition to the admission of a new Member, such Member shall execute and acknowledge such instruments, in form and substance satisfactory to the Managing Members, as the Managing Members may deem necessary or desirable to effectuate such admission and to confirm the agreement of such Member to be bound by all of the terms, covenants and conditions of this Agreement, as the same may have been amended. Such new Member shall pay all reasonable expenses in connection with such admission, including without limitation reasonable attorneys' fees and the cost of the preparation, filing or publication of any amendment to this Agreement or the Articles of Organization, which the Managing Members may deem necessary or desirable in connection with such admission. No new Member shall be entitled to any retroactive allocation of income, losses, or expense deductions of the Limited Liability Company. The Managing Members may make pro rata allocations of income, losses or expense deductions to a new Member for that portion of the tax year in which the Member was admitted in accordance with Section 706(d) of the Internal Revenue Code and regulations thereunder. In no event shall a new Member be admitted to the Limited Liability Company if such admission would be in violation of applicable federal or state :rities laws or would adversely affect the treatment of the Limited Liability Company as a phEf��®e purposes. FEB.1. 0 2023 �� � r 17. Dissolution and Liquidationg Board of Appeals The Limited Liability Company shall terminate upon the occurrence of any of t e following: the election by the Members to dissolve the Limited Liability Company made by the unanimous vote or consent of the Members; or any other event which pursuant to this Agreement, as the same may hereafter be amended, shall cause a termination of the Limited Liability Company. The liquidation of the Limited Liability Company shall be conducted and supervised by the Managing Members or if there be none then by a person designated for such purposes by the unanimous vote or consent of the Members (the "Liquidating Agent"). The Liquidating Agent hereby is authorized and empowered to execute any and all documents and to take any and all actions necessary or desirable to effectuate the dissolution and liquidation of the Limited Liability Company in accordance with this Agreement. Promptly after the termination of the Limited Liability Company, the Liquidating Agent shall cause to be prepared and furnished to the Members a statement setting forth the assets and liabilities of the Limited Liability Company as of the date of termination. The Liquidating Agent, to the extent practicable, shall liquidate the assets of the Limited Liability Company as promptly as possible, but in an orderly and businesslike manner so as not to involve undue sacrifice. The proceeds of sale and all other assets of the Limited Liability Company shall be applied and distributed in the following order of priority: (a) to the payment of the expenses of liquidation and the debts and liabilities of the Limited Liability Company, other than debts and liabilities to Members; (b) to the payment of debts and liabilities to Members; (c) to the setting up of any reserves which the Liquidating Agent may deem necessary or desirable for any contingent or unforeseen liabilities or obligations of the Limited Liability Company, which reserves shall be paid over to an attorney-at-law admitted to practice in the State of New York as escrowee, to be held for a period of two years for the purpose of payment of the aforesaid liabilities and obligations, at the expiration of which period the balance of such reserves shall be distributed as hereinafter provided; (d) to the Members in proportion to their respective capital accounts until each Member has received cash distributions equal to any positive balance in his capital account, in accordance with the rules and requirements of Trea. Reg. Section 1.704-1(b)(2)(ii)(b); and (e) to the Members in proportion to the Members' Percentage Interests. The liquidation shall be complete within the period required by Trea. Reg. Section 1.704-1(b)(2)(ii)(b). A taking of all or substantially all of the Property by condemnation or eminent domain shall be treated as a sale of the Property upon the dissolution of the Limited Liability Company. In such event any portion of the Property not so taken shall be sold, and the proceeds of such sale and the award for such taking shall be distributed in the manner provided for in this Article 17. For purposes of allocating gain on the sale of the Property and other assets of the Limited Liability Company, gain shall be first allocated to the Members to the extent cash or other property was distributed to them pursuant to this Article 17 and the balance of such gain shall be allocated in proportion to the Members'Percentage Interests. Upon compliance with the distribution plan, the Members shall cease to be such, and the Managing Members shall execute, acknowledge and cause to be filed such certificates and other instruments as may be necessary or appropriate to evidence the dissolutio an term' Limited Liability Company. RECEIVED FEB 2023 -s 18. Representations of Members Zoning Board of Appeals Each of the Members represents, warrants and agrees that the Member is ac the interest in the Limited Liability Company for the Member's own account for investment purposes only and not with a view to the sale or distribution thereof; the Member, if an individual, is over the age of 21; if the Member is an organization;such organization is duly organized, validly existing and in good standing under the laws of its state of organization and that it has full power and authority to execute this Agreement and perform its obligations hereunder; the execution and performance of this Agreement by the Member does not conflict with, and will not result in any breach of, any law or any order, writ, injunction or decree of any court or governmental authority against or which binds the Member, or of any agreement or instrument to which the Member is a party; and the Member shall not dispose of such interest or any part thereof in any manner which would constitute a violation of the Securities Act of 1933, the Rules and Regulations of the Securities and Exchange Commission, or any applicable laws, rules or regulations of any state or other governmental authorities, as the same may be amended. 19. Certificates Evidencing Membership Every membership interest in the Limited Liability Company shall be evidenced by a Certificate of Membership issued by the Managing Members. Each Certificate of Membership shall set forth the name of the Member holding the membership interest and the Member's Percentage Interest held by the Member, and shall bear the following legend: The membership interest represented by this certificate is subject to, and may not be transferred except in accordance with, the provisions of the Operating Agreement of PABLOPEG, LLC, dated as of March 21, 2014, as the same from time to time may be amended, a copy of which Operating Agreement is on file at the principal office of - the Limited Liability Company. The Members agree promptly to deliver to the Managing emb �Y erti ica es of Membership previously issued for the purpose of adding the foregoing 1 gend there-V.. FEB 10 2023 20. Notices Zoning Board of Appeals All notices, demands, requests or other communications which any of the parties to this Agreement may desire or be required to give hereunder shall be in writing and shall be deemed to have been properly given if sent by Federal Express courier or by registered or certified mail, return receipt requested, with postage prepaid, addressed as follows: (a) if to the Limited Liability Company, to the Limited Liability Company.c/o the Managing Members at their address first above written or to such other address or addresses as may be designated by,the Limited Liability Company or the Managing Members by notice to the Members pursuant to:this Article 20; (b) if to the Managing Members, to the Managing Members at their address first above written or to such other address or addresses as may be designated by the Managing Members by notice to the Limited Liability Company and the Members pursuant to this Article 20; and (c) if to any Member, to the address of said Member first above written, or to such other address as may be designated by said Member by notice to the Limited Liability Company and the other Members,pursuant to this Article 20. 21. Arbitration Any dispute, controversy or claim arising out of or in connection with this Agreement or any breach or alleged breach hereof shall,upon the request of any party involved, be submitted to, and settled by, arbitration in the city in which the principal place of business of the Limited Liability Company is then located, pursuant to the commercial arbitration rules then in effect of the American Arbitration Association (or at any other time or place or under any other form of arbitration mutually acceptable to the parties involved). Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in a court of competent jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence and attorneys' fees, except that in the discretion of the arbitrator any award may include the attorneys' fees of a party if the arbitrator expressly determines that the party against whom such award is entered has caused the dispute, controversy or claim to be submitted to arbitration as a dilatory tactic or in bad faith. 22. Amendments This Agreement may not be altered, amended, changed, supplemented, waived or modified in any respect or particular unless the same shall be in writing and agreed to by the unanimous vote or consent of the Members. No amendment may be made to Articles 6, 8, 13 and 17 hereof, insofar as said Articles apply to the financial interests of the Members, except by the vote or consent of all of the Members. No amendment of any provision of this Agreement relating to the voting requirements of the Members on any specific subject shall be made without the affirmative vote or consent of at least the number or percentage of Members required to vote on such subject. RECEIVE® 23. Miscellaneous FEB 10 2023 This Agreement and the rights and liabilities of the p '28n06of14PtFs governed by and determined in accordance with the laws of the State of Ne of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement,which shall remain in full force and effect. The captions in this Agreement are for convenience only and are not to be considered in construing this Agreement. All pronouns shall be deemed to be the masculine, feminine, neuter, singular or plural as the identity of the person or persons may require. References to a person or persons shall include partnerships, corporations, limited liability companies, unincorporated associations, trusts, estates and other types of entities. The Managing Members and the Members collectively are referred to herein as the Members. Any one of the Members is referred to herein as a Member. This Agreement, and any amendments hereto may be executed in counterparts all of which taken together shall constitute one agreement. This Agreement sets forth the entire agreement of the parties hereto with respect to the subject matter hereof. It is the intention of the Members that this Agreement shall be the sole source of agreement of the parties, and, except to the extent a provision of this Agreement provides for the incorporation of federal income tax rules or is expressly prohibited or ineffective under the New York Limited Liability Company Act, this Agreement shall govern even when inconsistent with, or different from, the provisions of any applicable law or rule. To the extent any provision of this Agreement is prohibited or otherwise ineffective under the New York Limited Liability Company Act, such provision shall be considered to be ineffective to the smallest degree possible in order to make this Agreement effective under the New York Limited Liability Company Act. If the New York Limited Liability Company Act is subsequently amended or interpreted in such a way to make any provision of this Agreement that was formerly invalid valid, such provision shall be considered to be valid from the effective date of such interpretation or amendment. Subject to-the limitations on transferability contained herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto and to their respective heirs, executors, administrators, successors and assigns. No provision of this Agreement is intended to be for the benefit of or enforceable by any third party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. PAUL V. MAY MAkGAIZT C. MAY STATE OF NEW YORK COUNTY OF SUFFOLK, ss. On the 21 st day of March 2014,before me, the undersigned notary public,personally appeared PAUL V. MAY and MARGARET C.MAY,personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument. (U RECEIVE® ASHLEIGH GOPH FEB 1. 0 2023 Notary Public State of New York ' -1-r No. 02GO6236342 Zoning Board of Appeals Qualified in Suffolk County Commission Expires February 28, 2015 RECEIVE!) Dy IBER9777 PAGE 03 „ Ann ,, ED E DECLARATION OF COVENANTS AND RESTRICTIONS FEB 1. 0 2023 THIS INDENTURE made this 23rdday of April r 1 &rMg Board f Appeals Elizabeth K. Simon, Administrator, Charles J. Simon E tate, residing at North Road, Peconic, New York, hereinafter ca, the Declarant. WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate at Peconic, Town of Southold, Suffolk County, New York, and designated on the Suffolk County Tax Map as District 10009 Section 869 Block 1, and Lot 10.3 containing approximately 394' acres, being the same premises acquired by the Declarant by deed dated Jan. 15, 1946 and recorded in the Suffolk County Clerk's Office on Feb. 2, 1946 in Liber 2528 of deeds at page 565, and referred to herein as the "premises" and WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain conditions, covenants and restrictions in order to .� preserve the maximum open space, natural scenic beauty and • natural vegetation and to prevent overcrowding and to conserve the ground water resources of the Town of Southold, and IrrD I WHEREAS, the Declarant had applied to the Planning Board 00 11 { of the Town of Southold for approval of the subdivision and 010 , development of the premises as a Minor Subdivision, to contain too not more than four (4) lots or parcels. O NOW, THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises, or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter set forth. 1. Lots numbered 1,2, and 3 as shown and designated on the Minor Subdivision map approved by and filed with the Southold Town Planning Board shall not be further subdivided in perpetuity. 2. Any further subdivision of Lot number 4 will constitute a major subdivision subject to the prevailing terms and conditions of the subdivision law of Southold Town. 3. Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lot 1, the lot shall be made subject to a restriction that will prohibit future subdivision to avoid any attempt by a future owner to subdivide the parcel and thereby create lots whose areas will be substandard. 4. Any driveoays on Pain Road shall make an a glR of at least 700 and preferably 900 with the state road. LIBEP 9777 PACE 34 aso DECLARATION OF COVENANTS AND RESTRICTIONS 5. Any driveway on Main Road for Lot 4 shall h 1-1 alS tnrnaroi+nd provision, such as a T-shaved sh that a vehicle leaving a lot will not have to bsck out into traffic stream on the road. 6. No drive;.e.y or entrance road on Main Road and on-Welds Road shall be located within fifty (50) Net b'f the"' ends of the short radius curve connecting the southerly side of the right-of-way of Main Road with westerly side of the right-of-way of :Jells Road. 7. All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out onto the right-nf-way of Main Road. 8. Any change in t':^ r+innf'f pgttern of Lot 4 due to improvement of the lot or change in Its current use shall be subject to analysis and the construction of adequate drainage structures because current stormwater runoff is carried by a pipe culvert under ;-jells Road to a discharge point at the edge of the tidal wetlands bordering Richmond Creek. 9. That, all of-the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, couditionn and restrictions shall be binding upon, inure to the benefit of and be enforneable by the Declarant, their heirs, successors and assigns; any owner of any portion of the aforesaid premises, their heirs, successors and assigns, and the Town of Southold, and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so there-. after. IN WITNESS WHEREOF, this indenture has been executed the day and year first above written. OP --��. STATE OF NEW YORK) U1G�y'�'v 4f�tLL�c D�rw+u SS: 0 COUNTY OF SUFFOLK) 14 On the a day of April, 1985, before me personally came a5 gR�Hi►t�9FvaMr c �i24be�{,� 5imun , to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. . IW� Mma1PhwYak NOTARY PUBLIC !b . ' T�tm ExOMM 30 STATE OF NEW YORK ss.: County of Suffolk I,JULIETTE A.KINSELLA,Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (said Court bein a Court of Record) DO EREBFY that I have compared theHexed copy of are a�tii G a 3 /PA4'y:3/P. 9 7-P r a.3 and that it is a just and true copy of such original and of the whole thereof. JINTESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said my and Court this .2. 3 day of � 19 I'.i— E . .. . . . . . . . . .. ... . . . . . .. . . . . . . . .� -. ..t Cle; . Clerk. R`J 12-109:1,84 RECEIVED FEB 0 2023 Zoning Board of ppeals RECij AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS FEB TOWN OF SOUTHOLD �Zoning B aWHEN TO USE THIS FORM: This form must be completed by the applic 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: &bk /Opp L1-0, , 2. Address of Applicant: - � � _ �5� �-rj &44 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 16' 11 /`s n Pr9 , M 1&,1- yUY 1 16-0 1 5. Description of Proposed Project: /� Y.�/,v 9GlV2L&— /JDaf 6. Location of Property: (road and ax map number) /BDD - 7q. - r��3•/ 7. Is the parcel within 500 feet of a farm operation? { } Yes Y No 8. Is this parcel actively farmed? { } Yes ,V No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) -5 1 J1---A, �—�� I / (0 / �-S 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. 61 Z20 RECEIVED Appendix B FEB 1 Short Environmental Assessment Form 7 ®2023 Board o� Instructions for_CompletmZoning R Appeals 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 I 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: Project Location(describe,and attach a location mam: ' N)( ��. . Brief Description of Proposed Action:' cvcCAL Name of Applicant or Sponsor: Telephone: pQ E-Mai L• f Address: tr City/PO: n State: Zip Code: CoYt c e-.j /Uy /V L Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. E]Urban F-1 Rural(non-agriculture) ❑1ndustrial ❑Commercial Xesidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 RECEIVED 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? FEB/]g._is 0 2023 El F b.Consistent with the adopted comprehensive plan? "� 3-S I � El .0 6. is the proposed action consistent with the predominant ch o he exing it or nat iral NO YES landscape? afvl 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: Piuq 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 0 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:. V AV 10. Will the proposed action connect to an existing public/private water supply? NO ���, NO YES If No,describe method for providing potable water: � Q lip 4A" 1 K 11.Will the proposed action connect to existing wastewater utilities? 27 0- NO YES If No,describe method for providing wastewater treatment: VN 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b. Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO. YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: ® -' 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline [i'Forest ❑Agricultural/grasslands ❑Early mid-successional [0 Wetland ❑Urban 14 Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal g v rnment as threatened or endangered? i� y 16.Is the project site located in the 100 r-floodplain? r/��ha( Gt/ NO 'YES � �Q,ma • � � �/ 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? �NO [ YES I__1 ❑ b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO %YES Page 2 of 4 one•VE �EW" 8 Zone VE fL( ;EL 13;. •��``�... Zone VE /I (EL 12) Zone VE Zore','E Zone AE (EL-8) iEL 2U)!r'�' �• RECEIVED �E FEB 10 2023 '• Zoning Board Of A ppeals -5 Reydon Dr,Southold,NY,11971,USA Zoom to ••• r s T ' ) � � VE i ' 1r7 Tot�yof • Southold - 36 g, L �F TF 1A 'EA ,Zone AEEll. WN � � 18.Does the proposed action include construction or other activities t at result Mcee Et EOnent of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: F� a 19.Has the site of the proposed action or an adjoining property been t e ocatt Mag cuqa NO YES solid waste management facility? If Yes,describe: ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: 1 �,9�1.- �t'� Date: v - 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 ac hange in the use or intensity of use of land? (� il. El 3. Will the proposed action impair the character or quality of the existing community? a, 4. Will the proposed action have an impact on the environmental characteristics that caused the ❑. establishment of a Critical Environmental Area(CEA)? Lai 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? LAJ 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, n architectural or aesthetic resources? El 14J- 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 RECEIVED No,or Moderate, FEB I small to large ®2023 impact impact :- ( may may LIZoningoccur occur 10. Will the proposed action result in an increase in the potential aina e problems? 11. W ill 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. EICheck 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. Town of Southold-Board of Trustees Name of Lead Agency Date President 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) PRINT Page 4 of 4 RECEIVED Board of Zoning Appeals Application EZoning EB 1. 0 2023 AUTHORIZATION goa Of I's (Where the Applicant is not the Owner) APPeals I, Q"ID IO,QQi L.GG residing at /,' ��'Yl,e j��J /7l lneol, (Print property owner's name) (Mailing Address) NY /�O/ do hereby authorize jkh a ZLJ V&4h pIfa, 5� (Agent) to apply for variance(s)on my behalf from the 64 Southold Zoning Board of Appeals. (Own is Signature) (Print Owner's Name) -� APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: �G?��I> �QG/ L Las- (Last name,first name,middle initial,unless you are applying in the name of someone else c as a company.If so,indicate the other person's or company's name.) R CEIV Ep TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit FEB �_0 2023 Variance Trustee Permit Change of Zone Coastal Erosion ��rs peals Approval of Plat Mooring Zoning Board of A p Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO 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 5W day of Ja,-Oka 20 .2-3 Signature ,`� Print Name A ua C ai GGG't7 y �cCR(' a &_ w� 1 RECEIVED FEB 10 2023 AFFIDAVIT Zoning Board of'ipp��3f bID L L c, BEING DULY SWORN DEPOSES ANDAFTIRAIS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE BOARD OF TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S),IF GRANTED. IN COMPLETING THIS APPLICATION,I HEREBY AUTHORIZE THE TRUSTEES,THEIR AGENT(S)OR REPRESENTATIVES,INCLUDING THE CONSERVATION ADVISORY COUNCIL,TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH THIS APPLICATION, INCLUDING A FINAL INSPECTION. I FURTHER AUTHORIZE THE BOARD OF TRUSTEES TO ENTER ONTO MY PROPERTY AND AS REQUIRED TO INSURE COMPLIANCE WITH ANY CONDITION OF ANY WETLAND OR COASTAL EROSION PERMIT ISSUED BY THE BOARD OF TRUSTEES DURING THE TERM OF THE PERMIT. -pati/o P 9 c 6Y Signature of Property er Signa re of 14operty Owner SWORN TO BEFORE ME THIS_ DAY OF, O ,_20 02 BONNIE L SANTOSUS PARENTE Notary Public NOTARY PUBLIC,STATE OF NEW YORK Registration No.02SA5041332 Qualified in Nassau Qoty My Commission Expires: `7/)3 M 2,3 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: !U (Last name,first name,middle initial,unless you are appIAd in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) E TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosionf Approval of Plat Mooring „_aCd€ Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO 72 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 'L r1piiho Signature ' Print Name ` U Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM FEB 0X22023 Board of A. INSTRUCTIONS ZoningAppeals 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# dD _ The Application has been submitted to(check appropriate response): % A Town Board 0 Planning Dept. Building Dept. Board of Trustees 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: �: 54a A/k,%, 44 a mal /1 Mee !?� Location of action: tet-/' Site acreage: /, 43 LZ oning Present land use: APP Present zoning classification:_ 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: UeMA &l V Q�l /� //>�e� ��. (b) Mailing address: Awm e., , /Uy 11150/ (c) Telephone number:Area Code( (d) Application number,if any: Will the actionbedirectly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No 1Z If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure,makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria 13 Yes 0 No EX Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria El Yes Q No � Not Applicable E® 23 9 oora of u peai 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 0 Yes © No fid' Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No W Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes [] No® Not Applicable RECEIVE® FEB 10 �pj Attach additional sheets if necessary Zoning Board of Appeals Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — o 'es Pages 32 through 34 for evaluation criteria. ❑ Yes []] No® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Ye,0 No X 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 R FE13 Zoning Attach additional sheets if necessary ppeals 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 CR Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III— Policies; Pages 62 through 65 for evaluation criteria. ❑Yes ❑ No DZ 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 j ,tea,, Ptr r�- �.. •!. .: _y IN Af add All a ^ -. _ / c two.• ak �•- 44- �� I �,. 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FRONTAGE:ON CD n FRONT�A6E'ON ROAD.. :,DEPTK X i rNI> BULKHEAD a, A� V ' �4S� q ' iwr '"•'"S Q &r, a+3q"x A 'Y ! i MEN M ■■■■■■■■■■■■■■INSESENINISM■■■■ ®■®■■■■■■ ■■■■■■■■■■■■■■■■■ ■■ F ®®■■■®■■■■■r®■■!■ ■o■■■■■®■■■ NEMENEXERMIESSEN NOON ME ! ■■■ ■■■■KI■■®■■f■■■■■MENN■■■■ ONE ., i ? 1 W Jnteriot Finish [Fire Place Roof Rooms Ist Floor 9 Driveway f ZBA CHECK FEES - 2023 Funding Account- B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 2/13/2023 Hyman/Carmellini 7776 $1,750.00 281 2/17/2023 2/13/2023 Bostic, Henry 7777 $2,000.00 2018 2/17/2023 2/14/2023 Domeluca LLC 7778 $750.00 1051 2/17/2023 2/14/2023 Bauer,Thomas 7779 $2,500.00 1139 2/17/2023 2/14/2023 Cosenza,John 7780 $750.00 2355 2/17/2023 2/15/2022 Pablo Peg LLC 7781 $1,750.00 3213 2/17/2023 $9,500.00 RECEIVED FEB 2 2 2023 Southold Town Clerk cwn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/22/23 Receipt#: 308357 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7776 $1,750.00 1 ZBA Application Fees 7777 $2,000.00 1 ZBA Application Fees 7778 $750.00 1 ZBA Application Fees 7779 $2,500.00 1 ZBA Application Fees 7780 $750.00 1 ZBA Application Fees 7781 $1,750.00 Total Paid: $9,500.00 Notes: Payment Type Amount Paid By CK#1051 $750.00 CK#1139 $2,500.00 CK#2018 $2,000.00 CK#2355 $750.00 CK#281 $1,750.00 CK#3213 $1,750.00 Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Eastern, End Pools LLC PO Box 369 Peconic, NY 11958 Clerk ID: JENNIFER Internal ID:7781 ov , �a c2a4fa c2-4efe-4a b0-a b9f-b8987873f80f I<imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,JUNE 1, 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, JUNE 1,2023: 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.-GWEN HYMAN AND ANDREW CARMELLINI#7776- Request for Variances from Article XXII, Section 280-116A(1);Article XXIII,Section 280-124;and Building Inspector's January 31, 2023 Notice of Disapproval based on an application for a permit to construct alterations and additions to an existing single family dwelling at; 1) located less than the code required 100 feet from the top of the bluff; 2) located less than the code required minimum side yard setback of 15 feet;3) located less than the code required minimum combined side yard setback of 35 feet; located at 4565 Nassau Point Road, (Adj.to Little Peconic Bay)Cutchogue, NY. SCTM No. 1000-111-9-8. 10:10 A.M.-SUSAN A. FORBES#7782-Request for Variances from Article III,Section 280-14;Article XXIII, Section 280-124; and the Building Inspector's February 13,2023 Notice of Disapproval based on an application for a lot line modification (conveyance of land)and to maintain a dwelling subsequent to a lot line modification;at; 1) lot measuring less than the minimum code required lot size of 80,000 sq.ft.; 2) lot measuring less than the code required minimum lot width of 175 feet; 3) lot measuring less than the minimum lot depth of 250 feet;4)dwelling is located less than the code required minimum rear yard setback of 35 feet; located at 1075 Narrow River Road and 1455 Narrow River Road,Orient, NY.SCTM No. 1000- 27- 3-6.2 &1000-27-3-5. 10:20 A.M.- HENRY AND AMBRIEL BOSTIC#7777-Request for a Variance from Article lll,Section 280- 15; and Building Inspector's December 15, 2022 Notice of Disapproval based on an application for a permit to legalize two (2) "as built"accessory sheds at; 1) located in other than the code permitted rear yard; located SOUTHOLD TOWN BD OF APPLS 2 1 c2a4fac2-4efe-4ab0-ab9f-b8987873f80f kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION O The Suffolk Times at 5305 Narrow River Road, Orient,NY. SCTM No.1000-27-2-2.3. 10:30 A.M.-LUCY WOHLTMAN#7787-.Request for a Variance from Article III,Section 280-15 and the Building Inspector's February 15,2023 Notice of Disapproval based on an application for a permit to construct an accessory i,n-ground swimming pool at; 1) located in other than the code required rear yard; located at 4955 Moores Lane, Cutchogue, NY,SCTM No. 1000-116-2-3. 10:40 A.M.-THE ENDLESS ROUND,LLC/7785 MAIN ROAD REALTY, LLC#7795SE-Applicant requests a Special Exception under Article III,Section 280-48B(6)to establish and operate a fully enclosed commercial recreation facility; at:7785 Main Road, Mattituck, NY. SCTM No. 1000-122-6-29.1. 10:50 A.M.-PABLO PEG, LLC#7781- Request for Variances from Article III,Section 280-15;and Building Inspector's February 8,2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and to legalize an existing shed (under 100 sq.ft.)at; 1)swimming pool located in other than the code permitted rear yard; 2)as built shed located in other than the code permitted rear yard; located at 375 Reydon Drive Southold, NY.SCTM No. 1000-79-5-23.1. 11:00 A.M.-NORA TUTHILL GLUECK#7784-Request for Variances from Article III,Section 280-15; Article XXIII,Section 280-124; and the Building Inspector's December 2, 2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to a pre-existing seasonal yacht club, and to legalize an "as built" accessory shed at; 1) proposed construction located less than the code required minimum rear yard setback of 50 feet;2) proposed construction located less than the code required minimum side yard setback of 15 feet; 3) as-built accessory shed located in the non-permitted side yard; located at 1400 Old Harbor Road(Adj.to Cutchogue Harbor), New Suffolk NY.SCTM No. 1000-117-5- 14.1. 11:10 A.M.-TIMOTHY PUMILLO#7791- Request for a Variance from Article XXIII,Section 280-124 and the Building Inspector's March 7,2023 Notice of Disapproval based on an application for a permit to demolish a - porch and rebuild as new living space in an existing single family dwelling; at; 1) located less than the code required minimum front yard setback of 35 feet; located at 835 Legion Avenue, Mattituck, NY.SCTM No. 1000-142-2-3. 1:00 P.M.-ERIC H. DORF#7783-Request for a Variance from Article IV,Section 280-18 and the Building Inspector's February 2,2023 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 15 feet; located at 620 North Drive, Mattituck, NY.SCTM No. 1000-106-6- 27.1. 1:10 P.M.-MARY MCKAY#7788-Request for Variances from Article III,Section 280-15;Article XXII, Section 280-116A(1); and the Building Inspector's December 27,2022,Amended January 3,2023 and February 15,2023 Notice of Disapproval based on an application for a permit to reconstruct an accessory in-ground swimming pool with deck, and to install an accessory solar panel heating system for the swimming pool at; 1) pool located less than the code required 100 feet from the top of the bluff; 2)solar SOUTHOLD TOWN BD OF APPLS 3 i I w c2a4fac2-4efe-4ab0-ab9f-b8987873f80f kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION i The Suffolk Times panel system located in other than the code required rear yard; located at 450 Castle Hill Road, (adj.to the Long Island Sound)Cutchogue, NY.SCTM No. 1000-72-1-1.8. 1:20 P.M.-FELICIA TENEDIOS#7785-Request for Variances from Article XXII,Section 280-104C(1); Article XXIII, Section 280-124;and the Building Inspector's December 28, 2022 Notice of Disapproval based on an application for a permit to construct a deck addition attached to an existing single family dwelling at; 1) located less than the code required minimum side yard setback of 15 feet; 2) located less than the code required minimum combined side yard setback of 25 feet; 3) proposed steps projecting to the street more than the permitted 15 feet; located at 315 Sound Avenue, Peconic, NY.SCTM No.1000-67-2-6. 1:30 P.M.- MELANIE BELKIN#7789-Request for Variances from Article III,Section 280-15 and the Building Inspector's December 16, 2022 Notice of Disapproval based on an application for a permit to legalize an accessory shed at; 1) located less than the code required minimum rear yard setback of 10 feet;2) located less than the code required minimum side yard setback 10 feet; located at 1700 Cedar Beach Road, Southold, NY.SCTM No. 1000-89-2-4. 1:40 P.M.- MARIA MARONI#7790SE -Applicant requests a Special Exception under Article III, Section 280- 13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; located at: 855 Pine Neck Road,Southold, NY. SCTM#1000- 70-5-33. 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/weblin k/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email: kimf@southoldtownny.gov. Dated: May 18,2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) USPS: P.O. Box 1179 Southold,NY 11971-0959 SOUTHOLD TOWN BD OF APPLS 4 `L c2a4fac2-4efe-4ab0-ab9f-b8987873f80f kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION i 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: May 25, 2023 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 25 day of May 2023 4otaignat r ,`,`,, ,,rIV °I1,,'''e'''' STATE ; OF NEW PORK N0—FARY PUBLIC _ NotaryPublic Stam 5 ALBAN) p n 01R[630443 0 l�'SION EXP�tt� i I SOUTHOLD TOWN BD OF APPLS 1 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson �QF $OUry 53095 Main Road•P.O. Box 1179 Patricia Acampora � alp Southold,NY 11971-0959 Eric Dantes c Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento aOQ 54375 Main Road(at Youngs Avenue) COU NTi 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, JUNE 1, 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. JUNE 1, 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 hftp://southoldtownnv.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at hftp://southoldtownnv.gov/calendar.aspx. 10:50 A.M. PABLO PEG, LLC #7781 - Request for Variances from Article III, Section 280-15; and Building Inspector's February 8, 2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and to legalize an existing shed (under 100 sq. ft.) at; 1) swimming pool located in other than the code permitted rear yard; 2) as built shed located in other than the code permitted rear yard; located at 375 Reydon Drive Southold, NY. SCTM No. 1000-79-5-23.1. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/webl i nk/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631) 765-1809,or by email:kimf@southoldtownny.gov. Dated: May 18, 2023 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 Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 Southold, New York 11971-0959 4. l Fax(631) 765-9064 ow ZONING BOARD OF APPEALS DATE: May 1, 2023 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 June 11 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._ µ 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 May 24, 2023.To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law, your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by May 24, 2023, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your Property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. Instructions for ZBA Public Hearing Page 2 v MAILING INSTRUCTIONS: Please send by USPS Certified Mail, Return Rec ie pt 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 May 16, 2023. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimf@southoldtownnY.gov or elizabeth.sakarello s gtown.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls> 2010-2021 >2021 http://southoldtownny.gov/DocumentCenterNiew/8779/FinalRo112021-Amended !IMPORTANT INSTRUCTIONS: . Scan and email the USPS mailing receipts, green signature cards and affidavits to kimf(a—)southoldtownny.gov; and "PROMPTLY USPS.MAIL** the ORIGINALS."to ` � P.O. Box 1179, Southold NY 11971. the Town of Southold, ZBA,. Southold, --NY note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant I Laserfiche Instructions for Zoning Board of Appeals Records QyTOWN 1 1 1 g 4 RK srarcn atiertunent 'etvices isititt- Hrnv Dn I.. CCL%Tkrr IN. 14 lot 41.4 j'•f I y�gamd•@ J , %i�:'. x� - r 1. [ "N, _ �!149a .:ndasih� - ,cZ "'Cafe>''-•OnlinoP "eiiti"` ^;TaivnReco�da+ otlfy b*0 ,r:.`: Pi ;'Age 4- ;:�:'<,. >+ --''> -ottr,trilis; s-:�tichunkll-.serficlie ,Form'sillPld �nritti: Sika u P in tciei c biinptei:°" - y WY T.,.Above: Homepage,Click on Link"Town Records"Weblink/Laserfiche LaserffcherlehLink uy a+tounr r-ego:pow+:sgn<wt Nome Browse Search Townof5outhold TowntNSouthold Name Pagecoum „-;Tc—clerk ... A Entry Properties Tom Historian Path n Tru,ees T:nr^01xu:b,Jd Zonfng Board of Appeals 2671 Creation date .. .. .. .. .. 515;i!76 7%S2:11 AM Page 2 cf Z Fiat « 2 i 29 Entries Last modified . 2 Metadata Na mewja:as_,F d . 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. y rv/ Laserfiche Instructions ZBA Files Page 2 LaserficheWebUnk y aryvrbLlnR:!W.1 Ato1.t 5ignout Home Browse Search CawnOfSotirWd>Zoning Beard of Appeals(ZBAI Zoning Board of Appeals Name Page count ......ptm_nartre� (ZBA) it Alphabetical Index A Entry PrnmuEs Board Actin, a_r Laserfiche Search Guides - Path `.ca�-fl?.�cuLEiZe zirig'*car Meeting Sedu€es of ApreaiS(ZBN AnnuteWAgendavLegal Notices/Hearings creation date ;,�Pend'ng Ir.0,2n0' sit Reports _ Last modified 5.23:2057;1:07:15 AM wt Special Event Permits" Tralrnng RegJuemems ZBA Wficiais 2 meta data cZBA Pokies . ,jt,;fl2'aitarT;155f,tEd ECceotio:ls List Code 280-70C(3) JurLW ichon Usvng ZBA Book of Mapped 1977 Existing Lots 189 oredure Bt R.ewlK ' xMgtahhtpnp-:mN.rstfs� %S euik Sthedu€es 5 Agreements.ConbadSSLeascs page I of 1 to 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. Laserfiche WebLink Home Browse Search Zonrng Baud of Appeals{ZBAI>Board Achons Board Actions Name Page munt rempfaia alma" Entry Properties '-,f 1980-1959 Path =2000 Twr�O'SCJIhotG',7"n 6*:g C-ld ,..,.2001 Creation date '�- 2002 %1C✓j;,t)112:Z:'i f'.i ,^j 2003 Last modified ?�2004 ?,(2€%2017 51.36:07 AiA 2005 Metadata ;�2006 NO m=tadara a<s;�rr7 „��'�2007 2008 02009 ___............_..... 2010 S RaYas ) " aMyrpap•smrvsUsr2; ;,,f 2011 2012 j:013 2013 a 2015 til 2016 2017 rt Pending +w"htakh'mucmr7veatJpaP;unrpsUsa2; 0—1 Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in"Pending". Laserfiche Instructions ZBA Files Page 3 2017 —a ;j Z at" 73 mare TNarS each ?3 -^w-�"r.r,x —,, llrv-I Id as —'aosnons Cr..fi..date '71, is soara asaons 701 7 7o ra, ss 8—d sa ..ad sa eoare mans 71 —d 7— 6E ..'d Acaoti :625 218 —a. 73 Hoard--- h:n 1,1-- NI 27 7d 8—d .2a as aiaro —d rivals Above: See listed File Numbers. Click on file you are searching. cashel Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. > Laserfiche WebLink M Home Browse Search CUst—ic.S—ch JHort reSUltS by: Relevance Re—ds Management Search 7016 'aid Board Actions-83 page(sl Cho—eld Pagecount:83 Template name:Board Actions Page 3-Cahn and Kristen Cashel PROPERTY LOCATION:162 L-1 Shingle R,11,Fisher aagl 4 .19.2017 97016.Cashel SRM No.1000.9-1-26 minimus approval to remo... ?age 5—y 19,2017 97016.0sh.i SCTM No.I 0009-1-26 GRANT,the v.na—s as Sea,&.terms -,ig 9 COLIN&KRISTEN CASHEL SECTION 009 BLOC_. 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Laserfiche Instructions ZBA Files Page 4 Laserfiche WebLink • MYYKttti *Wp'PbcW 51 Home Browse Search T0.1mOSouihold>Zoning Board of Appeals(ZBA!-Minutes/Agendas/Legal Notices/Heanngs Minutes/Agendas/Legal Name Page count ',,template name-�:,!- - - i NoticeslHearings 01957-1579 2 ErtryProperties------ ._.. -i 19801999 20002009 Path Ttrxr.O!5outhold'Zor.,rg Board C 2010 u App(x<s 2011 M'tije"'F°leari.%1Se'1daS'�E831 02017 P!v ifeL'Fle?r(ng.S ' Creation date C3 2013 7l1.^:12001 25?=PM L)zOta Lastm dified ;;')20'5 2016 2 Aletadara 2017 tFo m=_ucata assigned Page 1 of 1 11 Eno Above:Also, Minutes,Agendas,and Hearing Transcripts can be viewed. Laserfiche WebLink V., • MyWebbrk i Help l About 1 Home Browse Search TownOfSouthold>Zoning Board o.Appeals(ZEA)>Minutes/Agendas/Legal Nctices/Heanngs>2017 2017 Name Page count Template name' - r - _�ZBA-0110512017 7 Entry Properties ZBA-01:0512017 Agenda 1 Path ZBA-01105:2017 Hearing 40 TownOfSo[nhotd\Zoning 3oard of Appeals 'Z9A-01/0512017 LN 3 (ZBA)\:{mutes/Ai endaii:e9ai �ZBA-01119.2017 2 NOOCes/Hearings\201 J ZBA-01/792017 Agenda Creation date 12/76i20162:15:11?M ZBA-0210212017 7 Last modified ZEA-02102/201 7 Agenda 4 6119/7077&:53:59 PAI ZBA-0230212017 Heanng 45 2 Metadata s7 ZBA-021022017 LN 3 ZBA-02!16/2017 Agenda 3 No nletadata d5SlgneiJ �.ZBA-021162017 Spenal 3 _edure&Resufts ZBA-0310212D17 r .m/heak!✓pap-smeal:Uses2 j s ZBA-03102.2017 Agenda & ZBA-03/0212017,ie.nng 65 m ZBA-03102/2017 LN 3 e ZBA-03/1612017 Agenda 3 "ZaA-0311612017 Speoal 3 j ZBA-04106/2017 5 J ZBA-0410612017 Agenda a ZBA-04106/2017 Heanng 45 1 Above: Agendas, Minutes and Transcripts are in chronological order. iluTlk, UF, twKlrl � The following application will be heard by the Southold Town Board of Appeals a4 Town Hall, 53095 Main Road, Southold: The application will also be available VIA ZOOM WEBINARM Follow linkmhttpo.//southoldtownny.gov/calendar NAME : PABLO PEG , LLC #7781 SCTM #m. 1 000-79-5-23 . 1 ARIANCEm LOCATION VEQUESTE CONSTRUCT ACCESSORY INGROUND SWIMMING POOL AND LEGALIZE EXISTING SHED (UNDER 100 SQ FT) SATE : THURS. JUNE 11 2023 70 : 50 AM You may review the file(s) on the town's website under Town RecordslWeblink: ZBAIBoard Actions/Pending. ZBA Office Telephone (631 ) 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS (Name of Applicant weer) S �l� SCTM No. 1000- _ c� (Address of Property) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK 1, ( ) Owner, 4) Agent residing at � � �-�s�_ C:,(j�r y&kL_ New York, being duly sworn, deposes and says that: On the I day of 20 , 1 personally mailed at the United States Post Office in A\jy New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) CONNIE D.BUNCH Sworn to before me this Notary Public,state of New York � No. 01BU6185050 a'6 t��day of _MOL� ) 20,)3 Qualified in Suffolk County Commission Expires April 14, (Notary Public) PLEASE list on the back of this Affidavit or on a sheet of paper,the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. ■ . - U.S. Postal or. r-9 �' •S"/� �}� 7EIRetumnlRecelpt 1 I, �i4 f1�r.°'�F f l;�"` ,,�> ,�:' ,"',.7 iii. 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Certified Mail Fee j•It.j c M Extra Services$Fees(check box,add fee eprte) b// w •'\ ., ❑Return Receipt(hardcopy) $ / �, rU ❑Return Recelpt(electronic) $ +1 .!-) i n.i ` ark r 9 0 ❑Certified Mall Restricted Delivery $ (,1.111 i ❑Adult Signature Required $ O ❑Adult Signature Restricted Delivery$ E3 Postage $0.63 ru Total Postage and F�� 173 $ ru Sent To Y—\z;-1-- ,® �1J 1 r-- -------- - - - ------ - ------------------------------ r3 Sir nd p or P- ----N.----- - C;-------- ------ ���=-=------ ----------T\-----{ r r r � r r rrr.,• 6/2/23,8:56 AM USPS.com@-USPS Tracking@ Results USPS Tracking' FAQs > �jlbk Tracking Number: Remove X 70183090000149158701 Copy Add to Informed Delivery(https://informeddelivery.usps.com/) Latest Update Your item was picked up at the post office at 10:29 am on May 20, 2023 in SOUTHOLD, NY 11971. Get More Out of USPS Tracking: m CD USPS Tracking Plus® CL v Delivered Delivered, Individual Picked Up at Post Office SOUTHOLD, NY 11971 May 20, 2023, 10:29 am See All Tracking History Text & Email Updates u USPS Tracking Plus® u Product Information u See Less Track Another Package Enter tracking or barcode numbers https://tools.usps.com/go/TrackConfirmAction?gtc_tLabeisl=70183090000149158701 1/2 6/2/23,8:57 AM USPS.com®-USPS Tracking®Results USPS Tracking FAQs > Tracking Number: Remove X 702224100002393462051 Copy Add to Informed Delivery(https://informeddelivery.usps.com/) Latest Update Your item was delivered to an individual at the address at 2:08 pm on May 19, 2023 in SAINT JAMES, NY 11780. Get More Out of USPS Tracking: a USPS Tracking Plus® X, Delivered Delivered, Left with Individual SAINT JAMES, NY 11780 May 19, 2023, 2:08 pm See All Tracking History Text & Email Updates u USPS Tracking Plus® u Product Information u See Less Track Another Package Enter tracking or barcode numbers https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70222410000239346205%2C 1/2 6/2/23,8:57 AM USPS.com®-USPS TrackingO Results ` 1 USPS Tracking FAQs > Tracking Number: Remove X 70222410000239346212 Copy Add to Informed Delivery(https://informeddelivery.usps.com/) Latest Update Your item was delivered to an individual at the address at 11:04 am on May 19, 2023 in WILLISTON PARK, NY 11596. -n Get More Out of USPS Tracking: Q USPS Tracking Plus® 0 Delivered Delivered, Left with Individual WILLISTON PARK, NY 11596 May 19, 2023, 11:04 am See All Tracking History Text & Email Updates u USPS Tracking PlusO u Product Information u See Less Track Another Package Enter tracking or barcode numbers https://tools.usps.com/gofrrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70222410000239346212%2C 1/2 6/2/23,8:58 AM USPS.com®-USPS Tracking®Results i USPS Tracking FAQs > Tracking Number: Remove X 70222410000239346236 �s ' S Copy Add to Informed Delivery(https://informeddelivery.usps.com/) Latest Update Your item was picked up at the post office at 3:19 pm on May 19, 2023 in SOUTHOLD, NY 11971. Get More Out of USPS Tracking: m CD USPS Tracking Plus® CL CD n Delivered Delivered, Individual Picked Up at Post Office SOUTHOLD, NY 11971 May 19, 2023, 3:19 pm See All Tracking History Text & Email Updates u USPS Tracking Plus@ u Product Information u See Less Track Another Package Enter tracking or barcode numbers https://tools.usps.com/go/TrackConfirmAction?tRef=fulipage&tLc=2&text28777=&tLabels=70222410000239346236%2C 1/2 6/2/23,8:58 AM - USPS.com®-USPS Tracking0 Results USPS Tracking' FAQs. > Tracking Number: Remove X 70222410000239346229 Copy Add to Informed Delivery(https://informeddelivery.usps.com/) Latest Update Your item was delivered to an individual at the address at 12:34 pm on May 19, 2023 in SOUTHOLD, NY 11971. m Get More Out of USPS Tracking: M CL Cr USPS Tracking Plus° W 77 Delivered Delivered, Left with Individual SOUTHOLD, NY 11971 May 19, 2023, 12:34 pm See All Tracking History Text & Email Updates v USPS Tracking Plus( u Product Information u See Less Track Another Package Enter tracking or barcode numbers https://tools.usps.com/go[TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70222410000239346229%2C 1/2 I�r ` TOWN OF SOUTHOLD ZONING BOARD OF APPEALS ?Wo Iu, SOUTHOLD,NEW YORK ;JJ AFFIDAVIT OF In the Matter of the Application of: POSTING vo :qRLGC, at, (Nam of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK residing at � ti s- oc r C�xC, � 4, •c�,t ,New York, being duly sworn, depose and say that: I am the ( ) Owner or,yV Agent for owner of the subject property On the t day of , 202, I personally placed the Town's Official Poster on subject property located at: The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be setback not more than 10 feet from the property line. The sign shall be displayed for a pe iod of not less than seven days immediately preceding the date of the public hearing of b� (Owner/Agent Signature) Sworn to before me this Day of ��ii1 , 20 a� (Notary Public) CONNIE D.BUNCH Notary Public,State of New York No.01BU6185050 Qualified in Suffolk County Commission Expires April 14,2-p-,�q A • ��:• � �` t �Fc�.}•f :f� � /1�i+ o/. •r"�"'r �k , rt':��� r" �� � wj ��• � aY���"��1y� �,.• t� ��� ��# -. , ;, `. ,4, a, :p'. � Y. ?'t' � '7'- �r•`an.«; >i Ilj 4'- klA } � j�c ,� ',tea ( "•�.s�/' ^[`[yr .� r .�. ��, ,. IN J .3 � fc - � ,� ti4,>• t.. r�:. h• •'.,4„! f .4 ANT�� � T i _-r ,& �. sh PV s M }� 1 r % l' .�'P, w jc t�f1 t I yr1 _'k \ T \ Y Al i ` _ •*/ ' _ y.. , . fir' � js° 7•xc #Gr`• z .. ,' - �...d --! BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ®F $®U�� 53095 Main Road• P.O. Box 1179 Patricia Acampora ®� ®�® Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento ® a� 54375 Main Road(at Youngs Avenue) C®ut ,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD MA �® Tel. (631) 765-1809 L!k 7 X423 Sou plannin d TOwn March 16, 2023 9 Board Mark Terry, Assistant Town Planning Director LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #7781—Pablo Peg, LLC Dear Mark: We have received an application to construct accessory inground swimming pool and legalize existing shed. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairpe so By: Encl. Site Plan/Survey: Nathan Taft Corwin III Land Surveyor, dated January 12, 2023 BOARD MEMBERS ®F SOSouthold Town Hall Leslie Kanes Weisman, Chairperson ®�� ��®1 53095 Main Road•P.O. Box 1179 Patricia Acampora ® Southold,NY 11971-0959 Eric Dantest Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento ® a� 54375 Main Road(at Youngs Avenue) e®U�rl,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD June 20, 2023 Tel. (631) 765-1809 Jennifer Del Valglio P.O. Box 369 Peconic,NY 11958 Re: ZBA#7781, Pablo Peg LLC 375 Reydon Drive, Southold SCTM No. 1000-79-5-23.1 Dear Ms. Del Vaglio; Transmitted for your records is a copy of the Board's June 15, 2023 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. Pursuant to Chapter 280-146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3)consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN.Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals If you have any questions, please call the office. Sincer ly, Kim E. Fuentes Board Assistant Encl. cc: Building Department SURVEY OF PROPERTY SITUATE BAYVIEW Dip TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S � 6g°S0, S.C. TAX No. 1000-79-05-23.1 _ _11 20'' SCALE 1 "=30' 15, 2013 •10 — —— — — _ £ JUNE 5, 2013A DDHPROPOSED SEPTIC SYSTEM / — — — — JULY 3, 2013 ADD WELL ABANDONMENT NOTE NOVEMBER 1, 2013 ADD NEW SEPTIC SYSTEM SEPTEMBER 19, 2022 UPDATE SURVEY FOR PROPOSED POOL /0\ J`4L�' N/O DECEMBER 8, 2022 REVISED PROPOSED POOL � 5 /p JANUARY 4, 2023 REVISED PROPOSED POOL Q,q� 3r /' — — — —Fl�+c #10 111 TOTAL AREA = 58,484 sq. ft. _ _ _ _ _ 1.342 ac. _ \ I FRESHW255 43� pELlNEA1Ep WAND UPLAND AREA = 48,578 sq. ft. www // / AL EN CON SULDARY '�,� \\ \\ \\ \ \ \ I N WETLANDS AREA = 9 906 s . vv / / / T,�� I'S #SO_4o�� ?\\\\ \ \ \1 \ 1 I \ \ q f t. / F 2. FL4G 18 1L '`40 � I � / \\ \ NOTES: N / / / W E 3 H W � \\ \ I l / /I I l I I / \\ \ '0 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM % AL E T L A N T E l/ l / / l / I l / / \ \ \ \\ \ EXISTING CONTOURS EXISTING SAREESHOWNNTHUS:THUS: XX— — — —XX 140 cry ,� / CERTIFIED T0: _ \ / / / / / o �s fp\ \ PAUL AND MARGARET MAY / 6 /• — \\\ \ \ � �,° / / / / � E 0 Dwvle , � ��• w \• g,o .X \ \ GREGORY AND CONNIE JUDGE STEWARD TITLE INSURANCE COMPANY AL 9_ \ \ss\ \ 2.s / / / �,/ / o o \ \ \\ / �•82hr BANK OF AMERICA 1j10 - - - - \ \ \\ \ \��s_ �/ /// // / / 01� / // 2� /UY�` � � \\\\ \ \\ \\ �4` // / / / / / / x / 455• ti/ . \ \\\ \ \ / / l �` / l�?/Fl I 4.4 13.2 N 4 / / / / / <v \ LpG / / / / / / �O 0,�� Pim ` • /, / 134 ?s, aQ�Q 5k, g e • I ° meq[ \ \\ \ \ \� / / / / /�, / 4" I. . / l / � • ''42',0 � ' , �� SO \\\ \� � // /// /e / J � �o h h04/ 444'A 1 /4• 4 d.� 1 \ / I � \ — �/ / /��/ s 4\\ \ G � / • �a 1149 1. lHOLE1 ; a 1 �, 4 TEST DATA CC N � so, i s.t \ ' o (TEST HOLE DUG BY McDONALD GEOSCIENCE ON MAY 20, 2013 / .. 4. \ ...... ....... ........... \ , EL t 6.1 facto�wr�+e / \ o �l 2 DAR 5 BROWN LOAM OL BROWN CLAYEY SAND SC -ry/jF On \ PppC \ .. (b�Y O Di// / 0 4 09 BROWN FINE SAND SP �lT pyo — i/ �3• // /.^7 ��/ �`` e // / 1 GROUND WATERWATER 15.1' e &NC�q TNv%�' �e'/ �OUNf II/ 'V 4 BROWN IFINE SAND SP FILA1 SIO�1` LST 0 �R 4�40,6�4P 9/ °19.5I/ ° 4 7 17' #911 X9210 .28) I �1 FA • 4 PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED rn BY THE L.I.A.L.S. AND APPROVED AND ADOPTED fL�Y 'q lzjY a FOR SUCH USE BY THE NEW YORK STATE LAND �e, O TITLE ASSOCIATION. X99' �o EXISTING TOWN DEFINED LOT COVERAGE PROPOSED TOWN DEFINED LOT COVERAGE OVER BUILDABLE LOT AREA OVER BUILDABLE LOT AREA (TOTAL LOT AREA LESS WETLAND AREA = 48,578 sq. ft.) (TOTAL LOT AREA LESS WETLAND AREA = 48,578 sq. ft.) v j� DESCRIPTION AREA % LOT COVERAGE DESCRIPTION AREA X LOT COVERAGE HOUSE 1,895 sq. ft. 3.9% EXISTING HOUSE 1,895 sq. ft. 3.9% �O C SCREENED PORCH460 sq. ft. 0.9%PORCH EXISTING SCREENED & FRONT PORCH & FRONT PORCH 460 sq 4 ft. 0.9% WOOD DECKS & STEPS 480 sq. ft. 1.0% EXISTING WOOD DECKS 480 sq. ft. 1.0% & STEPS SHED 75 sq. ft. 0.2% EXISTING SHED 75 sq. ft. 0.2% TOTAL 2,910 sq. ft. 6.0% PROPOSED POOL 684 sq. ft. 1.4% n TOTAL 3,594 sq. ft. 7.4% r. f N.Y.S. Lic. No. 50467 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE LA EDUCATION LAW. Nathan Taft Corwin iii COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR Land Surveyor EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Successor To: Stanley J. Isaksen, Jr. L.S. hA. In a no LENDING INSTITUTION LISTED HEREON, AND Joseph g g L.S. TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. Title Surveys y CERTIFICATIONS ARE NOT TRANSFERABLE. ys — Subdivisions — Site Plans — Construction Layout PHONE (631)727-2090 Fax (631)727-1727 THE EXISTENCE OF RIGHTS OF WAY OFFICES LOCATED AT MAILING ADDRESS AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 16 ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 N325882 y 41 44 s "45 �) 1 SOUTHOCO BAY ry) 8 dq b Q,1 d R O� 40 m° 6 43 S R +� 1 nlAb a ao r mr� s 1 �-D--- - �-a3. 47 Y V V(il.� ['P L rn)ry ae ar s 3637 ao u8 70. 36 -48 1r A 20.9 2.OA (50) 2 $ 49 I a 34 te) 313 S ,gso ��r `➢ - r� r "nai R A' S r� 32 m 51 an a 20.11 e rmr 31 22A. s a 20.8 a+ 52�nm " 20.12 2.2A 308 J a 13.7A s M1 � R 1 � � a. ml ^ NI "I rn 2941 PEcowcw+DTRusr (74)54 I (53) re 28 " ae m m �$s rnI 255 az - 9 56 rn 8 ?6 g 3 20.14 �) 57 an a 6.0A $ 2S 58 rnI S`9 1.1629 1AA4 1 1.2A(c)4 (C) 1s.1 isq 23 ry R as ' b 16.2 e R 3„ R= 13 _ 14.5 aOOk`- m I 21 19 61 m �+' 7.2A(C) 9 16.7 'Y 16.3 _ I - 1.04(c) 22 R 4.tA ��� 4 a .,a zz-1 $ I a 21 _W_ 62 ting 72 m 1.3A(C) =Q m.� " 16.4 ro Z mo 1.1A(c) >T I 77 ma 20 � 1u 1 16.6 W) PRKAND Z 63 16.5 .3 20.15Q RAYGROUNR ym 19RLEe II�II 19 LE z TOWN OF 2'3A( c) in 11 m VV � m 11 $0 O _ SOUTHOLD } 5 9 t� tslr 7.1 R 8 9 as W16.10 S 16.71 I aA 18.3 C 1865 66 1.4A(c) 1.2A(C) ,.2A(c) Ir 5.8A s °i R 1 20.51.9A " 'u R 1. 70 $ (OPEN SPACE IORA �^ _ 1 W� N „b 1 6.2 RD. m + I ,o ,a I 1.9A m m 1352 m R _ 56 53 54 o R G � §" R 57 +b 12.1 3g�? 122 $ 3.1A 74 51 (o m nr 2,a M cc 3.8A 8 ear s a-mr56 m, a 3 un 8 Bad a 18.1 m w QQ rooR m -s rnr5g rb S 21.9A Z 15 ?J- 50 s,lu7 a 0 +a - 13.1 R �) 4 n0 8 r I 11.3A m TOWN OF SOUTHOLD _ 49 55 w) O5 S n»S O ' - ,s e m g m '6 48 caT R H 618 cu o `O tl 71m. 12.4 , s 620 mo 4.4A 12.3 g 47 un (+0 63 � a(-)649 a�Q s w^ 15.2 U w m 46 _ 's' m 13.2A w o R', R-.))65 101n)s R^ ,' yz N 321.682 MATCH -� LINE"$un _ 11 '1pB MATCH LINE SEE SEC.NO.088 +a am$ +b ae SEE SEC.NO.08B 8mr 67s ,b NOTICE COUNTY OF SUFFOLK © K 070 1 133 TOWNOF SOUTHOLD SECTION NO MAINTENANCE,ALTERATION,SALE OR Real Property Tax Service Agency Y ry 060 DISTRIBUTIONOFANYPORTIONOFTHE COUn Center Riverhead,N Y 11901 078 1 VILLAGE OF O�w SUFFOLK COUNTY TAX MAP IS PROHIBITESCNE,FEET M 078 {� WTHOUT WRITTEN PERMISSION OF TH E yl� 7W 0 208 <08 A 088 DISTRICT NO 1000 PROPERTY MAP REAL PROPERTY TAX SERLBCEAGENCY. P 087 CONVERSION MTEA�g 88,2018