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Home My WebLink About7854 1 \ s � v, r Rk i .eft, d ftYt 'c Pft 12,1z jz3 A s - l r Pcvy-o \/I eW LAt Con-424(--�\[N-Y�et Owner: F I School District File #: 7854 Address: Reservoir Rd Code: 13ED � Agent Info ,..� Martin Finnegan, Esq. P.O. Box 1452 Mattituck, NY 11952 Phone: 631-315-6070 Fax: Email: mfinnegan@northfork.law IL 3 f� � LufO) V fbf S �� ►al 9v�z.� ! r�Ilc�cL OFFICE LOCATION: ®Fso MAILING ADDRESS: Town Hall Annex �� Te�® P.O.Box 1179 54375 State Road Route 25 1 Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1809 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS d- Cs 3 t4tykn Town of Southold DEC 2 6 2023 Southold 'town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 21, 2023 ZBA FILE# 7854 NAME OF APPLICANT: Fishers Island School District/Ferry View LLC PROPERTY LOCATION: Reservoir Road, Fishers Island,NY SCTM#1000-9-8-1. SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without fiirther steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated October 26,2023 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated December 1,2023. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is recommended that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 2.4-acre parcel located in an R- 40 Zoning District. The parcel is runs+/-348.00(Deed)feet along Fishers Island Sound,runs 249.95 feet along , Reservoir Road, runs 186.45 feet on a radius on the North East side, runs +/-232.7 feet on the North side and then parcel runs +/- 363.10 feet on the South side. The property is currently vacant as shown on a survey by Craig P. Bigger L.L.S., dated May 18, 2023. BASIS OF APPLICATION: Request for Variances from Article 111, Section 280-14; Article XXII, Section 280-116A(1); and the Building Inspector's August 11,2023,Notice of Disapproval based on an application for a pennit to construct a single family dwelling and an accessory garage, at; 1) dwelling is located less than the code required minimum front yard setback of 60 feet;2)dwelling is located less than the code required 100 feet from the top of the bluff, 3) garage is located in other than the code permitted rear yard; located at Reservoir Road, (Adj. to Fishers Island Sound)Fishers Island,NY. SCTM#1000-9-8-1. RELIEF REQUESTED: The applicant requests variances to construct a two-and one-half story residence with a front yard setback of 40.3 feet where town code requires a minimum 60-foot front yard setback. The proposed new dwelling is located 89.8 feet from the top of the bluff where town code requires a minimum of 100 feet setback from the top of the bluff. The applicant also proposes to build an accessory garage in a side yard Page 2,December 21,2023 #7854,Fishers Island School District/Ferry View SCTM No. 1000-9-8-1 location where town code requires accessory garages to be located in a rear yard location or in the case of waterfront parcels accessory garages may also be located in a front yard location. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 7, 2023 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-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. The neighborhood is a waterfront neighborhood consisting of single-family waterfront homes. The proposed dwelling with accessory garage is similar to the architectural style, size, and scale of other homes in the neighborhood. 2. Town Law 4267-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. The lot is a narrow lot and is oddly shaped with two curved areas. The applicant is proposing to locate the house and garage as far away from the bluff as practically possible. The property is wide with little depth so a code conforming building envelope is too narrow to build an appropriately sized dwelling similar to others in the neighborhood without variance relief. There is no code conforming location on the subject lot to locate an accessory garage. 3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial. The variance granted herein for the non-conforming 40.3-foot front yard setback represents 33% relief from the code. The variance granted herein for the non-conforming bluff setback represents 10.2% relief from the code. The variance granted herein for the non-conforming garage location represents 100% relief from the code. However,the applicant designed the house to conform to the character of the neighborhood while achieving the greatest bluff setback that is possible. The applicant's proposed design protects the environment to the greatest extent that is practicable by achieving the proposed bluff setback. 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. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the 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 the relief as requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a residence with accessory garage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Dantes, seconded by Member Acampora, and duly carried, to GRANT the variances as applied for, and shown on the Architectural Plans, labeled lower-level floor plan, upper-level floor plan, attic level plan, conceptual West elevation, conceptual North elevation, and garage elevations; prepared by Alexander Ridgeway, R.A. last dated October 10, 2023; and the survey prepared by Craig P. Bigger L.L.S. dated May 18, 2023. Page 3, December 21,2023 #7854,Fishers Island School District/Ferry View SCTM No. 1000-9-8-1 SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant must obtain approval from the Southold Town Board of Town Trustees. 2. The applicant must install an Innovative Advanced(IA) sanitary system or as approved by the Suffolk County Department of Health Services. 3. The applicant shall install a minimum 10-foot-deep non-turf buffer along the entire top of the bluff on the subject property, or as required by the Town of Southold Board of Town Trustees. 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 APPROVAL(S)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 new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings,site plan 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), Dantes, Planamento,Acampora and Lehnert. (5-0) es ie Kanes Weisman, Chairperson Approved for filing 1:,14 �A /2023 RECEIVED Drawing Copyright©2015 OCT 10 2023 -�-Q Zoning of,.,,Board / 33 Wilbur Cross Way,Mansfield,CT 06268 101 East River Drive,1st Floor jHAY East Hartford,CT 06108 yp HARBOR 860-885-1055 1 www.chacompanies.com / RECEIVED i OCT 10 2023 Wo Lp 9�' 0*F Zoning Board of Appeals � SITE I e� �3 I ?�' CHISELED CROSS • s8 IN ROCK (NOT FOUND) ELIZABETH H POO IN DESCRIPTION / POOL EQUIPMENT AIRPORT CONC. COVER N\F �a0 CHARLES F. CARROLL SURVEY MAP I PREPARED FOR: I qIN SINK ?moo• e�-° FERRY VIEW LLC ENCS SHED U.5.C.G. I ' 5RA55 SURVEY �� \ MARK "A" LOCATION MAP SCALE 1 =1000' RESERVOIR ROAD \ (NOT FOUND) FISHERS ISLAND, I I I DNEW YORK I UMPSTER Q BOX \ N 77,�� MAP REFERENCES �0�� 2 _ 1.) SURVEY MAP PREPARED FOR UNION FREE SCHOOL DISTRICT 4, RESERVOIR 3/ W O I ( ROAD, FISHERS ISLAND, NEW YORK, SCALE: 1"=40', DATE: 10/22/2005, BY CME 3 J I I ASSOCIATES ENGINEERING, LAND SURVEYING & ARCHITECTURE, PLLC —N M o ' 2.) SURVEY MAP PROPERTY TO BE CONVEYED TO CHARLES F. CARROLL, a I / RESERVOIR ROAD, FISHERS ISLAND, NEW YORK, SCALE: 1"=40', DATE: o o / 11/15/1993, BY CHANDLER, PALMER & KING Lai o.I" o 'zi 9 �� \ NOTES F NE o o \ IN Y a m� Q 'v 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED G. P' �/G 0'p HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE ENGAGEMENT. z m \ \ 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, �O IQ- Q o \ I� UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO o •/ o\ \ �� ALTER AN ITEM IN ANY WAY. 2s�Q OS 107 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S Q m 1 �P�PG SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF / 100' �o THE LAND SURVEYOR. SETBACK IT IS A vaunoN of uw FON ANY PERSON.UNLESS THEY ARE ACTNG UNDER THE DIREC110N OF A LICENSED PROFESSIONAL • `� \ U.5.C.G. DISK 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC ENGI0 A ARCHITECT,LANDSCAPE ARCHITECT OR LANDSURVEYOR TO ALTER AN ITEM N ANY WAY.E AN ITEM BEAPoNG THE I roo / (FOUND) SURVEY TRIANGULATION STATION "PROS" STAMP OF A LICENSED PROFESSIONAL IS ALTE2ED,THE ALTERNG A7 ` ENGINEER ARCFfl14 LANDSCAPE ARCHIECT OR LANA SURVEYOR SHALL STAMP THE DOCUMENT AND MMDE THE NOTATION'ALTERED BY FOLLONED BY THOR SIGNATURE.THE ' 4 S 65'17.10" E 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, DATE OF SUCH ALTERATION,AND A SPECFIC DESCRP710N 14.99 SECTION 009, BLOCK 8, LOT 1. OF THE ALTERATM 6.) DEED AREA TO M.L.W. = 2.40± ACRES. I +Noo 1 899 8 �i9 S� 3 AREA TO M.H.W. = 1.73± ACRES oo ' AREA TO COASTAL EROSION LINE = 51,250± SF (1.18± ACRES) I / f 01oL VC AJ N 1295.04 I ' 7.) SITE IS LOCATED IN R-80 ZONE. 2 gs2• ti� A,� � W 5693.40 I y 8.) AT THE TIME OF THIS SURVEY AN EASEMENT THAT IS REFERENCED IN LIBER 7607 PAGE 551 WAS NOT ABLE TO BE LOCATED AND MAPPED. ' ! U.5.C.G. SCREW (FOUND) N F ;D/ 60.�� J 60.�g�, CL RAFFERTY TRUST ' M � POSED o • F ' ' o Q IL 09 PRO tiY STORY _ No o \ I ' �aQ0 RESIDEN E / o Q 40 3' PROPOSED 4 FOOT = W \ HIGH GARDEN WALL oaoo QQ \ o o \ " 9¢• CL PRO FINAL MAP a �Oo� 4 78.s' � � N\F REVIEWED BY ZB A 1s01� ' C MURRAY R. METCALFE & DECISION# `7`85 86 y� J � I LOUISE BURNHAM PACKARD LAG SCREW DATED: ) IN CONCRETE �I No. Submittal/Revision App'd By Date (NOT FOUND) 60' FR)NT " E ,? YAR N 82'17 51 SETBI,K �� " 6& S�?DEO~W J t�6r W K AG SCREW O IP CONCRETE > rA LEGEND CHISELED CROSS � (IOT FOUND) IN ROCK " 63• W PROPERTY LINE �l r (NOT FOUND) 3j. h �Q J 7SS9OOp.h, "�� W \ �^ ` ABUTTERS LINE —— EDGE OF PAVEMENT ZONING SETBACKS �i• v EDGE OF GRAVEL ZONES REQUIRED PROPOSED a a DRIVEWAY BRUSH LINE FRONT YARD SETBACK 60 FEET HOUSE 40.3 FEET COASTAL EROSION HAZARD 1 OVERHEAD WIRES O/W GARAGE 45.2 FEET AREA LINE SHEET 49-Fl OF 49 50' NOW OR FORMERLY N/F UTILITY POLE -♦- BLUFF SETBACK 100 FEET HOUSE 100 FEET N\F DECK 89.8 FEET N\F SIDE YARD SETBACK 20 FEET & 25 FEET MORE THAN 20 FEET TOWN OF SOUTHOLD MURRAY R. METCALFE & FIRE HYDRANT & 25 FEET LOUISE BURNHAM PACKARD BOUNDARY POINT COMBINED SIDE YARD 45 FEET MORE THAN 45 FEET N 89'25'20" W 1 SETBACK IMPROVEMENTS WITHIN 1,424 SQUARE FEET L5.C.G. 0I5K ELECTRIC BOX (FOUND) & METER Designed B Drawn B BLUFF SETBACK 9_ Y� Dray: Checked By: ZBC C 30 15 0 30 60 Issue Date: Project No: Scale: 5/18/2023 082079 1"=30' :WV 1 SCALE. 1" = 30' Drawing No.: SHEET 1 OF 1 1 RECEIVED OCT 17' 2023 Zoning Board of A- c�ls --------------- - , maim CELM OF wsnn amour Banc GARAGE PLAN 00 ---------------------- SCALE:3/32"= l'-0" D gRcti � OER `gym FINAL MAP 0 REVIEWED BY ZBA DECISION# 27�5 o4s$ DATED: f2 Al �3 N vd� •------------------, ,-------------, 0.23 Gross Square Footage (per Town of Southold): LOWER LEVEL 2,483 S.F. UPPER LEVEL. 2,186 S.F. TOTAL AC 4,669 S.F. FRONT PORCH 236 S.F. ATTIC LEVEL PLAN REAR PORCH 811 S.F. SIDE PORCH 244 3 S.F. SCALE: 3/32"_ l'-O" TOTAL PORCHES 1,290 S.F. 2 CAR DETACHED GARAGE 578 S.F. 08.09.2023 0 RESERVOIR RD. CRISP RESIDENCE V RECEIVE® OCT 7 2023 Zcring gourd o;Appeals 0 0 u u u ff] I - CONCEPTUAL EAST (FRONT) ELEVATION SCALE: 3/32"= 1'-0" D ARC, yNIL �pER IQ j�y�j►� OO N� o �� 9�. 45826 �O FINAL MAPin :ff fi 'm Fm REVIEWED BY ZBA °.I.O. DECISION# DATED I Lj 00 08.09.2023 CONCEPTUAL WEST (REAR) ELEVATION 0 RESERVOIR RD. SCALE: 3/32"= 1'-0" CRISP RESIDENCE \ n OCT 17 2023 Zoning Beard of Appeals H9❑ Wd ------------ Fel FIA.F3Ee ,nrz•usvy� aAAOEATel AV4 WADE l l CONCEPTUAL SOUTH ELEVATION SCALE: 3/32"= 1'-0" D qRc pER "9jF 45826 y0 N ElFINAL MAP ❑ EVYEWED BY Z A ME DECISION# DATED: vAAoeATei �aTs•uaoa —"L AV..WAOe �lnvuea. ` 08.09.2023 CONCEPTUAL NORTH ELEVATION 0 RESERVOIR RD. SCALE: 3/32"= 1'-0" CRISP RESIDENCE RECEIVED Nm U89.9® OCT 17 2023 Zoning Board of Appeals P P0 Ll 0 00 GARAGE S. ELEVATION GARAGE W. ELEVATION CONCEPTUAL BUILDING SECTION SCALE: 3/32"= 1'-0" SCALE: 3/32"= 1'-0" SCALE: 3/32"= 1'-0" S��RED AA Q � a X45826 �pQ- to.�0-23 . '�-'TAL IAP � REVIEWED BY ZBA =m=FFRFMFF IN r1l F1 r1l DA T P;�t), ---------------- GARAGE E. ELEVATION GARAGE N. ELEVATION 08.09.2023 SCALE: 3/32"= 1'-0" SCALE: 3/32"= 1'-0" 0 RESERVOIR R D. CRISP RESIDENCE =zonin 1a,bu� of�� -r -72 :- . ® YIN r r , , ED A&C r HOER • N '' 45826 -. ----- -- FINAL MAP REVIEWED BY BA DATED. f -12-11 -3 4.6.23 0 RESERVOIR RD CRISP RESIDENCE V RECEIVED OCT 17 2023 Zoning Board of Appeals �t'faNS —To yl£t.��o LIaR_ � 0040 S�c11 11 gRcy� \®/ 00 1-t.�t.�. &,.r. '9j$' 045826 y0 El % �h�llil��l�tll';!1 l ��.r�+�. lam•�o-Z� iJr.O 2, . cw �• Asu-0 3 _ iFINAL MAP ' EVIEWED �Y �A D5CI0N DATC 3Z s I p ti Z, %L2. ,18C�-T o.s. 4.6.23 0 RESERVOIR RD CRISP RESIDENCE A, > - - RECEIVED OCT 17 2023 tning Lord of Appo �s b c ` N n SSTOWK �L.L1j 2 EU AF�cyi OER/ � 4582 y0� �0.\O-zs rs\31 % § NAS MAP MEWED BY ZBA 'I,A'j:L 1` Ni - 0 2RESERVOIR RD fJ'Tor��-C 1P� !'�c1L1oN'S CT.� 7 �.,T` ^loco CRISP RESIDENCE 3s2 a �-d COUNTY OF SUFFOLK ; J - i+nct a OCT 2 6 2023 -2 =, STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH LANSDALE COMMISSIONER ELISA PICCA DEPUTY COMMISSIONER October 26, 2023 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Wagner/Schweizer—Breezy Shores #14 #7850 P Kevin Kelly/Bridig Gillespie #7852 D Pablo DeLeon #7853 1) FI School District(Ferry View LLC) #7854 I> 1000 Soundbeach Dr. LLC #7858 NF Project LLC #785977 Sean Norris #7861 SE Very truly yours, By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG■ 100 VETERANS MEMORIAL HWY,11th FI■P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 0 (631)853-5191 cNlS.k,� OFFICE LOCATION: jf SUUryQ MAILING ADDRESS: l b� Town Hall Annex h0 l0 P.O. Box 1179 54375 State Route 25 J [ Southold, NY 11971 cor.Main Rd. &Youngs Ave.) N Southold, NY 11971 Q Telephone: 631765-1938 couffon LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD Received MEMORANDUM DEC 012023 To: Leslie Weisman, Chair Members of the Zoning Board of Appeals Zoning Board of Appeals From: Mark Terry,AICP Assistant Town Planning Director LWRP Coordinator Date December 1, 2023 Re: LWRP Coastal Consistency Review for ZBA File FISHERS ISLAND SCHOOL DISTRICT/FERRY VIEW LLC #7854 SCTM No. 1000-9-8-1. FISHERS ISLAND SCHOOL DISTRICT/FERRY VIEW LLC#7854- Request for Variances from Article III, Section 280-14; Article XXII, Section 280-116A(1); and the Building Inspector's August 11, 2023,Notice of Disapproval based on an application for a permit to construct a single family dwelling and an accessory garage, at; 1) dwelling is located less than the code required minimum front yard setback of 60 feet; 2) dwelling is located less than the code required 100 feet from the top of the bluff; 3) garage is located in other than the code permitted rear yard; located at Reservoir Road, (Adj. to Fishers Island Sound) Fishers Island,NY. SCTM#1000-9-8-1. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department and the records available to me, the proposal is recommended as CONSISTENT with the LWRP. A vegetated buffer landward no less 25' in width from the top of the bluff is recommended to further Policy 6 and minimize turf. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Paul DeChance, Town Attorney TOWN OF SOUTIlOLD RECEIVED BUILDING DEPARTMENT OCT 10 2023 SOUTHOL,D,N.Y. NOTICE OF DISAPPROVAL Zoning Board of q PPeals DATE: August 11, 2023 TO: Martin Finnegan(FI School District) PO Box 1452 Mattituck,NY 11952 Please take notice that your application dated June 22,2023: For permit: construct a single-family dwelling and an accessorZg..,arage at: Location of property: Reservoir Road,Fishers Island,NY County Tax Map No. 1000—Section 9 Block 8 Lot 1 Is returned herewith and disapproved on the following grounds: The proposed single-family dwelling, on this conforming 2.4 acre lot in the R-80 District, is not permitted pursuant to Chapter 280, Bulk Schedule. which requires a front vard setback of 60 feet. The proposed front yard setback is 40.3 feet. The proposed single-family dwelling is also not permitted pursuant to Article XXII Section 280- 116A(1),which states:"All buildings or structures located on lots upon which there exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff"The dwelling;will be located 89.8 feet from the top of the bluff. Additionally.the proposed accessory garage is not permitted pursuant to Article III Section 280- 15,which states: "accessary buildings and structures shall be located in the required rear vard or in the case of a waterfront parcel, accessory buildings and structures may be located in the front vard. provided that such buildings and structures meet the front vard principal setback requirements as set forth by this Code and the side vard setback requirements for accessjm buildings in Subsection B above." The proposed garage is located in the side yad,-;5�\ Authorized Sr 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. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE ole House No. Street RESERVOIR ROAD Hamlet FISHERS ISLAND 6 I CEIVED SCTM 1000 Section:009.00 Block:08.00 Lot(s) 001.000 Lot Size: 2.4 AC Es oTTne R-80 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDIN INSPECTOR 2023 DATED AUGUST 11,2023 BASED ON SURVEY/SITE PLAN DATED AY 18,2023 Owner: FISHERS ISLAND SCHOOL DISTRICT Zoning Boar o Appeals Owner(s): Applicant: Ferry View LLC, as Contract Vendee Mailing Address: c/o Ferry View LLC, 20 Riverview Road, Hobe Sound, FL 33455 Telephone: 516-650-4004 Fax: N/A Email: CRISPMISS1@MAC.COM NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: MARTIN D. FINNEGAN for( ) Owner(v) Other:APPLICANT/FERRY VIEW LLC Address: PO BOX 1452, 13250 MAIN ROAD, MATTITUCK, NY 11952 Telephone: 631-315-6070 Fax: N/A Email: MFINNEGAN@NORTHFORK.LAW Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (\/) Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED MAY 18, 2023 and DENIED AN APPLICATION DATED JUNE 22, 2023FOR: (v)Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) CHAPTER 280 BULK SCHEDULE;AND Article: XXII; III Section: 280; 280 Subsection: 116A(1); 15 Type of Appeal. An Appeal is made for: (y)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law- Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Request for Reversal or Overturn the Zoning Officer's Denial Other A prior appeal( ) has, (vj has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). (Please be sure to research before completing this question or call our office for assistance) Page 2, Area Variance Application Revised 6/2023 REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): RECEIVED 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a etriment to nearby properties if granted,because: Q�r Y 0 2023 SEE ATTACHED NARRATIVE. Zoning Board of APPeals 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: SEE ATTACHED NARRATIVE. 3.The amount of relief requested is not substantial because: SEE ATTACHED NARRATIVE. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: SEE ATTACHED NARRATIVE. 5. Has the alleged difficulty been self created? { } Yes, or { } No Why: • Are there any Covenants or Restrictions concerning this land? { } No JA Yes(please furnish 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. By signing this document,the PROPERTY OWNER understands that 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 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 COM NCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Signatu Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this day SCHWEITZER ANNALISE NOTARY PUBLIC-STATE OF NEW YORK of &k&r 2023 NO.01SC6409457 r QUALIFIED IN SUFFOLK COUNTY Z� MY COMMISSION EXPIRES SEP 28,20 _ Notary Public :EEVED ATTACHMENT TO AREA VARIANCE APPLICATION OF FERRY VIEW LLC 2023 REASONS FOR APPEAL: Zoninf Appeals The Applicant, Ferry View LLC, is the contract vendee of the subject premises which is currently owned by the Fishers Island Union Free School District. The Applicant is seeking, by way of this appeal of the Building Inspector's Notice of Disapproval dated August 11, 2023, for a building permit to construct a single family dwelling and accessory garage, a front yard variance from the R-80 Bulk Schedule requirements to allow a front yard setback of 40.3 feet where 60 feet is required, a bluff setback variance from the requirements of Section 280-116A(1) to allow the dwelling to be constructed 89.9 feet from the top of bluff where 100 feet is required and a variance from the requirements of Town Code §280-15, which requires accessory structures to be located in the rear yard to allow construction of the accessory garage in the side yard. The subject parcel is a conforming vacant parcel in the R-80 Zoning District. While the total area of the parcel as deeded to Mean Low Water Mark is 104,544 SF,the total buildable area excluding land seaward of the top of the bluff and the Coastal Erosion Hazard Line is 57,660 s£ The subject property is located on Reservoir Road on Fisher's Island just above the Ferry Terminal with 366' of frontage on Fisher's Island Sound. The homes along Reservoir Road are for the most part built on larger lots with significant lot depth. This parcel is irregularly shaped and due to the the location of the bluff line, the buildable lot depth is only 156' and as such, a.conforming building envelope is extremely constrained. The Applicant is seeking relief to construct a two-story residence with four bedrooms and suitable living space for her family. The proposed design is intended to be architecturally and historically appropriate for Fishers Island, particularly in light of the property's visibility from the Sound. The proposed mass of the house is within the allowable GFA based the available buildable lands. For the following reasons, the Applicant submits that the requested variance relief is warranted. 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The Applicant is seeking variances to construct a home that will be consistent in size and character with the prevailing style of homes on Fishers Island. Compliance with the 60' front yard setback and the rear yard requirement for the garage would require greater bluff setback relief. In consideration of anticipated concerns about the effects of sea level rise and erosion on coastal properties, the Applicant has submitted a plan that maximizes compliance with the bluff setback. It is noteworthy that the front property line lies some 20 feet off of the improved portion of Reservoir Road. As such, the granting of relief for a setback of 40.3 feet will not be visually significant. As the Board will note, the surrounding neighborhood has no defining character. It consists of waterfront lots along the Sound and Hay Harbor of varying sizes and configurations that are improved with homes at random locations on the lots. There are no two lots or homes on Reservoir Road that are similar in size or shape. The Applicant submits that the�((� granting of relief will pose no detriment whatsoever to nearby properties. 0 G RECEIVED 2. The benefit sought by the Applicant CANNOT be achieved b some M410#mod for the applicant to pursue other than an area variance, because: Zoning Board of Appeals Variance relief is essential to allow the Applicant to construct a f 4nGtiona"orne-thatis— both consistent with the style and architecture of many waterfront homes on Fishers and practically suitable for the needs of her family. The proposed house will have 4 bedrooms and 4 bathrooms which is average by today's standards. Applying the required setbacks results in an irregulary shaped building envelope that is long (220') and narrow(an average of 23') and not conducive to building a traditional family home. Absent relief,the Applicant cannot construct a home that would accommodate their family needs. 3. The amount of requested relief is not substantial because: The front yard setback relief amounts to approximately 33% relief and only 10%relief is sought from the bluff setback. The side yard placement of the garage is respectful of the bluff setback. The Applicant submits that the relief sought is not practically substantial in light of the constraints on buildable area on the parcel. 4. The variance will NOT have an adverse impact on the physical or environmental conditions in the neighborhood or district because: The granting of variance relief for the proposed construction of a single-family residence and accessory garage poses no perceivable impact on the physical or environmental conditions in the neighborhood. The footprint of the house lies nearly 90' from the top of bluff and the over 40 feet from the front property line. The neighboring home to the north and accessory pool lie substantially closer to the top of bluff than what is proposed here. Vegetated screening is proposed in the front yard to reduce any potential visual impact of the neighboring homes across Reservoir Road which are hundreds of feet away. The residence and proposed garage are otherwise conforming to the bulk schedule and any construction will require the installation of an I/A wastewater treatment system. 5. Has the alleged difficulty been self-created? To the extent that the difficulty is self-created, pursuant to New York Town Law §267-b (3), a self-created hardship "shall not necessarily preclude the granting of an area variance." i Zoning Board of Appeals APPLICANT'S PROJECT DESCRIPTION APPLICANT: FERRY VIEW LLC SCTM No. 1000-009.0ff8 ] 1. For Demolition of Existing Building Areas Please describe areas being removed: N/A II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 2,483SF Dimensions of new second floor: 2,186 SF Dimensions of floor above second level: 661 SF Height(from existing natural grade): 34'9" Is basement or lowest floor area being constructed? If yes, please provide height(above ground) measured from natural existing grade to first floor: 9" III.Proposed Construction Description (Alterations or Structural Changes) N/A (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage,sky plane (From Surveyor,Design Professional): Existing square footage of buildings on your property: 0 SF Proposed increase of building coverage: 4,351 SF Square footage of your lot: 104,544 SF(57,660 SF OF BUILDABLE AREA) Percentage of coverage of your lot by building area(lot coverage) 4.16% Gross Floor Area(GFA) of single family dwelling including the attached garage and/or habitable detached accessory structure: (Please refer to Chapter 280, Section 280-207 of the Town Code): 4,669 SF For Residential lots, is project within the allowable Sk. Plane?(Please refer to Chapter 280, Section 280-208 of the Town Code): YES V.Purpose of New Construction: TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE WITH DETACHED GARAGE. 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): Describe on separate page if needed: MOSTLY FLAT,WITH BLUFF AND BEACH BELOW.ONLY 1.18 ACRES(51,250 SF)IS LANDWARD OF BLUFF CREST ON A 2.4-ACRE LOT. THERE IS LITTLE ROOM LANDWARD OF THE BLUFF TO MEET THE LARGE SETBACKS REQUIRED BASED ON TOTAL PROPERTY SIZE. 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. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD � ---------------------------------------------------------X In the Matter of the Application of R �eivDed FERRY VIEW LLC DEC 0 4 2023 ZBA # 7854 Zoning Board of Appeals For variances from the requirements of Sections 280-14, 280-15 and 280-116(A)(1) of the Code of the Town of Southold ---------------------------------------------------------X MEMORANDUM OF LAW OF APPLICANT, FERRY VIEW LLC, IN SUPPORT OF THE RELIEF REQUESTED FINNEGAN LAW, P.C. Attorneys for Applicant By: Martin D. Finnegan, Esq. 13250 Main Road Mattituck, New York 11952 (631) 315-6070 Dated: December 4, 2023 �5q STATEMENT OF FACTS The Applicant, Ferry View LLC, is the contract vendee of the subject premises which is currently owned by the Fishers Island Union Free School District. The Applicant is seeking, by way of this appeal of the Building Inspector's Notice of Disapproval dated August 11, 2023, for a building permit to construct a single family dwelling and accessory garage, a front yard variance from the R-80 Bulk Schedule requirements to allow a front yard setback of 40.3 feet where 60 feet is required, a bluff setback variance from the requirements of Section 280-116A(1) to allow the dwelling to be constructed 89.9 feet from the top of bluff where 100 feet is required and a variance from the requirements of Town Code §280-15, which requires accessory structures to be located in the rear yard to allow construction of the accessory garage in the side yard. The subject parcel is a conforming vacant parcel in the R-80 Zoning District. While the total area of the parcel as deeded to Mean Low Water Mark is 104,544 SF, the total buildable area excluding land seaward of the top of the bluff and the Coastal Erosion Hazard Line is 57,660 sf. The subject property is located on Reservoir Road on Fisher's Island just above the Ferry Terminal with 366' of frontage on Fisher's Island Sound. The homes along Reservoir Road are for the most part built on larger lots with significant lot depth. This parcel is irregularly shaped and due to the location of the bluff line, the buildable lot depth is only 156' and as such, a conforming building envelope is extremely constrained. The Applicant is seeking relief to construct a two-story residence with four bedrooms and suitable living space for her family in the most conforming location possible on this parcel. The proposed design is intended to be architecturally and historically appropriate for Fishers Island, particularly in light of the property's visibility from the Sound. The proposed mass of the house is within the allowable GFA based the available buildable lands and the project is conforming in all other respects to the zoning code. For the following reasons, the Applicant submits that the requested variance relief is warranted. POINT I THE APPLICANT HAS MET THE TEST FOR THE GRANT OF AN AREA VARIANCE SET FORTH IN TOWN LAW §267-B Under §267-B, the Applicant must demonstrate compliance with the following standards to be eligible for the issuance of a variance: (a) whether the grant of the variance will cause an undesirable change in the character of the neighborhood or will create a detriment to nearby properties; (b) whether the benefits sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance; (c) whether the requested area variance is substantial; (d) whether the grant of the variance will have.an adverse effect or impact upon the physical or environmental conditions in the neighborhood or in the affected area of the Town; and (e) whether the difficulty causing the applicant to request an area variance was self-created which consideration shall be relevant to the determination of the Board but shall not necessarily preclude the grant of the variance. It is respectfully submitted that under the facts and circumstances presented here, the Applicant can clearly meet the standards set forth in Town Law §267-B and as a result, the relief requested herein should be granted. 1. The Grant Of The Variance Will Not Cause An Undesirable Change In The Character Of The Neighborhood Or Create Detriment to Nearby Properties. The Applicant is seeking variances to construct a home that will be consistent in size and character with the prevailing style of homes on Fishers Island. Compliance with the 60'front yard setback and the rear yard requirement for the garage would require greater bluff setback relief. In consideration of anticipated concerns about the effects of sea level rise and erosion on coastal properties, the Applicant has submitted a plan that maximizes compliance with the bluff setback. It is noteworthy that the front property line lies some 20 feet off of the improved portion of Reservoir Road. As such, the granting of relief for a setback of 40.3 feet will not be visually significant. As the Board will note, the surrounding neighborhood has no defining character. It consists of waterfront lots along the Sound and Hay Harbor of varying sizes and configurations that are improved with homes at random locations on the lots. There are no two lots or homes on Reservoir Road that are similar in size or shape. The Applicant submits that the granting of relief will pose no detriment whatsoever to nearby properties. On the contrary, the proposed design is architecturally appealing and respectful of the visibility the home will have not just to the surrounding neighborhood, but to all visitors to Fishers Island. 2. The Benefits Sought to Be Achieved by Applicant Cannot Be Feasibly Achieved by Some Method Other Than the Requested Area Variance Variance relief is essential to allow the Applicant to construct a functional home that is both consistent with the style and architecture of many waterfront homes on Fishers Island and practically suitable for the needs of her family. The proposed house will have 4 bedrooms and 4 bathrooms which is average by today's standards. Applying the required setbacks results in an irregulary shaped building envelope that is long (2201 and narrow (an average of 23) and not conducive to building a traditional family home. Absent relief, the Applicant cannot construct a home that would accommodate their family needs. The side yard relief for the garage is requested to allow the placement of the structure outside of the bluff setback. 3. The Area Variance Sought is Not Substantial. The front yard setback relief amounts to approximately 33% relief and only 10% relief is sought from the bluff setback. The side yard placement of the garage is respectful of the bluff setback. As noted, the improved edge of Reservoir Road lies nearly 60 feet from the proposed residential structure and as such, the granting of relief will have little visual significance. Moreover, the Applicant submits that the relief sought is not practically substantial in light of the constraints on buildable area on the parcel. 4. The Grant of the Variance Will Not Have an Adverse Impact on the Physical or Environmental Conditions in the Neighborhood or District. As a Type II action pursuant to SEQRA, the requested variances, if granted, are not expected to have any adverse environmental impacts on the neighborhood or district. The granting of variance relief for the proposed construction of a single-family residence and accessory garage poses no perceivable impact on the physical or environmental conditions in the neighborhood. The footprint of the house lies nearly 90'from the top of bluff and over 40 feet from the front property line. The neighboring home to the north and accessory pool lie substantially closer to the top of bluff than what is proposed here. Vegetated screening is proposed in the front yard to reduce any potential visual impact'of the neighboring homes across Reservoir Road which are hundreds of feet away. The residence and proposed garage are otherwise conforming to the bulk schedule and any construction will require the installation of an I/A wastewater treatment system. 5. The Self Created Nature Of the Alleged Difficulty Should Not Preclude the Granting of Area Variance Relief. To the extent that the difficulty is self-created, pursuant to New York Town Law §267-B (3), a self-created hardship "shall not necessarily preclude the i granting of an area variance." CONCLUSION For the reasons set forth herein, it is respectfully submitted that the standards of Town Law Section 267-B have been met and, as such, relief from the requirements set forth in Southold Town Code Sections 280-14, 280-15 and 280-116(A)(1) is warranted. Dated: Mattituck, New York December 4, 2023 Respectfully Submitted, FINNEGAN LAW, P.C. Atto s r Applicant Martin D. Finnegan, Esq. 13250 Main Road Mattituck, New York (631) 315-6070 Revised 6/2023 QUESTIONNAIRE 169' FOR FILING WITH YOUR ZBA APPLICATION IVED A. Is the subject premises currently listed on the real estate market for sale? V Yes No 0 2023 B. Are there any proposals to change or alter land contours? No Yes,please explain on separate sheet. [Zon:lngBoard of Appeals C. 1.)Are there areas that contain sand or wetland grasses? YES 2.)Are those areas shown on the survey submitted with this application? YES 3.)Is the property bulk headed between the wetlands area and the upland building area? NO 4.)If your property contains wetlands or pond areas, have you contacted the Office of the BOARD OF TRUSTEES for its determination of jurisdiction? YES Please confirm status of your inquiry or application with the Board of Trustees: PENDING ZBA DECISION. If issued, please attach copies of your permit listing conditions of approval with a copy of the approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? NO If any of the aforementioned items exist on your property, please show them on a site plan. F. Are there any construction projects currently in process on your property? NO If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe scope of work: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If none exist, please apply to the Building Department to obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? NO If yes, please label the proximity of your lands on your survey and identify the Suffolk County Tax Map No. I. Please list present use or operations conducted at your property, and/or the proposed use EXISTING VACANT LAND; PROPOSED SINGLE-FAMILY RESIDENCE WITH DETACHED GARAGE. J. exam es:existing single family,proposed:same with garage,pool or other) Sri,2023 Author' igiiature Date AGRICULTURAL DATA STATEMENT qaA ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for Wspecia�%VIVED permit,site plan approval, use variance, area variance or subdivision approval on pnl ® 2023 an agricultural district OR within 500feet of afarm operation located in an agricu .All applications requiring an agricultural data statement must be referred to the SuDepartment of Planning in accordance with Section 239m and 239n of the Generaoard of Appeals Law. 1. Name of Applicant: FERRY VIEW LLC 2. Address of Applicant:20 RIVERVIEW ROAD, HOBE SOUND, FL 33455 3. Name of Land Owner(if other than Applicant): FISHERS ISLAND SCHOOL DISTRICT 4. Address of Land Owner: 78 GREENWOOD ROAD, PO BOX 600, FISHERS ISLAND, NY 06390 5. Description of Proposed Project:CONSTRUCT SINGLE-FAMILY DWELLING WITH DETACHED GARAGE. 6. Location of Property: (Road and Tax map Number)RESERVOIR ROAD, FISHERS ISLAND, NY 06390 SCTM 1000-009.00-08.00-001.000 7. Is the parcel within 500 feet of a farm operation? { } Yes {\4 No 8. Is this parcel actively farmed? { } Yes fvj 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 a bac of this page if there.are additional property owners) /2023 Signature o Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing RECEIVED Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of P= I ef� become part of the application for approval or funding,are subject to public review,and may be su 'ect to r be f n. Complete Part 1 based on information currently available. If additional research or investigation w uld be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Zoning Board of Appeals 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 I -Project and Sponsor Information Name of Action or Project: Ferry View LLC Area Variance and New Construction Project Location(describe,and attach a location map): Reservoir Road, Fishers Island, NY - SCTM# 1000-009.00-08.00-001.000 Brief Description of Proposed Action: Construct single-family residence and detached garage on unimproved lot. Name of Applicant or Sponsor: Telephone: 631-315-6070 Martin D. Finnegan - Finnegan Law P.C. E-Mail: MFinnegan@northfork.law Address: PO Box 1452, 13250 Main Road City/PO: State: Zip Code: Mattituck NY 11952 1.Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X 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: TOWN OF SOUTHOLD BOARD OF TRUSTEES X 3.a.Total acreage of the site of the proposed action? 2.4 acres b.Total acreage to be physically disturbed? <0.5 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 2.4 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑ Urban ❑ Rural(non-agriculture) ❑ Industrial ❑ Commercial X Residential(suburban) ❑ Forest ❑ Agriculture X Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b. Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing builtna ura RECEIVEDNO ES r landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical En 'ronmengC r1a`O 2 NO ES If Yes,identify: X q eal 8. a. Will the proposed action result in a substantial increase in traffic above present leve YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: New well-FISHERS ISLAND WATER WORKS X 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: New I/A sanitary system X 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b. Is the proposed action located in an archeological sensitive area? X 13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ® Shoreline ❑ Forest ❑Agricultural/grasslands ❑ Early mid-successional ® Wetland ❑ Urban ® Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16. Is the project site located in the 100 year flood plain? NO YES X 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO ❑YES X b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO ❑ YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed REC 1 CE- YES solid waste management facility? If Yes,describe: OCT 1 Q M-3 rd of Appeals 20.Has the site of the proposed action or an adjoining property been the subject of remediation( ng ar_ -NO—Y completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE j Applicant/sponsor name: �� IJ�`� �' Date: I -2-3 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ' '' \ problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion ol Part 3. For exert question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain U;alp�ti�� 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 t atthave begun irdClode�l�eals the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency de rmine hat t�e impa�t may or will not be significant. Each potential impact should be assessed considering its setting,pro a i rty ot occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEIVED Board of Zoning Appeals Application OCT 1 0 2023 AUTHORIZATION Zoning Board of Appeals (Where the Applicant is not the Owner) I, FISHERS ISLAND SCHOOL DISTRICT '"'th a�at 78 GREENWOOD ROAD, PO BOX 600, (Print property owner's name) (Mailing Address) FISHERS ISLAND, NY 06390 do hereby authorize FERRY VIEW LLC (Agent) AND MARTIN D. FINNEGAN to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) FISHERS ISLAND SCHOOL DISTRICT BY: CHRISTIAN ARSENAULT TITLE: SUPERINTENDENT/PRINCIPAL t (Print Owner's Name) A-f J "w,/+ RECEIVED Board of Zonine Anneals Aonlication OCT 10 2023 AUTHORIZATION Zoning Board of Appeals (Where the Applicant is not the Owner) EMILY R.CRISP, MANAGER OF 1 FERRY VIEW LLC residing at 20 RIVERVIEW ROAD, (Print property owner's name) (Mailing Address) HOBE SOUND, FL 33455 do hereby authorize MARTIN D. FINNEGAN (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. R , ( er's Signature) FERRY VIEW LLC BY: EMILY R. CRISP, MANAGER (Print Owner's Name) APPLICANT/OWNER k TRANSACTIONAL DISCLOSURE FORM U The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and m o ees. a ose of this form is to provide information which can alert the town of possible conflicts of interest and allo kw it to D action is necessary to avoid same. yOUR NAME: FISHERS ISLAND SCHOOL DISTRICT 0 C T 10 2023 (Last name,fust name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) Zoning Board of Appeals TYPE OF APPLICATION:(Check all that apply) Tax grievance Budding Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest.`Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO 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) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this q day oflkf)r;1 ,2023 Signature Print Name FISHERS ISLAND SCHOOL DISTRICT BY: CHRISTIAN ARSE AUL TITLE:SUPERINTENDENT/PRINCIPAL CVNr-13 V," Aric-vh'.) f- APPLICANT/OWNER. TRANSACTIONAL DISCLOSURE FORM \ The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and e of this form is to provide information which can alert the town of possible conflicts of interest and allow it to V E D action is necessary to avoid same. YOUR NAME: EMILY R.CRISP,MANAGER OF FERRY VIEW LLC OCT1 .® ,2023 (Last name,first name,middle initial,Mess you are applying in the name of someone else or other entity,such as a company.H so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Zoning Board of Appeals Tag grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO 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 applicantlagentlrepresentative)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 20 23 Signature FERRYVIEVALILC Print Name BY_EMILY R.CRISP.MANAGER 1 AGENT/REPRESENTATIVE Fmplovees. CEIVED TRANSACTIONAL DISCLOSURE FORMT Y Q 2023 The Town of Southold's Code of Ethics prohibits conflicts of interest on the art of town officers ande purpose ose of this form is to provide information which can alert the town of possible conflicts of interest and allow t 413148 r ctJ isalS necessary to avoid same. YOUR NAME : MARTIN D. FI N N EGAN (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance V Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship" includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO V 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 3d y-of 20 23 Signature Print Name MARTIN D. FINNEGAN Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS RECEIVED OCT z o�20 1. All applicants for permits* including Town of Southold agencies, s all complete t is CAF for proposed actions that are subject to the Town of Southold Waterfront C drti i9c Re�viiew Law. his assessment is intended to supplement other information used by a of you hJ18pap in making a determination of consistency. *Except minor exempt actions includinging Buil r�its 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# 009.00 _08.00 _001.000 The Application has been submitted to (check appropriate response): Town Board 0 Plannin De t. 0 Buildin De t. 0 Board of Trustees 0 ZONING BOARD g P g P OF APPEALS 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital 0 construction,planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: CONSTRUCT SINGLE-FAMILY DWELLING WITH DETACHED GARAGE. Location of action:RESERVOIR ROAD, FISHERS ISLAND, NY 06390 Site acreage:2.4 ACRES ECEIVED Present land use: RESIDENTIAL VACANT LAND OCT 1 0 2023 Present zoning classification: R-80 Board of Appeals 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: FERRY VIEW LLC (b) Mailing address:20 RIVERVIEW ROAD, HOBE SOUND, FL 33455 (c) Telephone number: Area Code ( ) 516-650-4004 (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No® If yes, which state or federal agency? DEVELOPED COAST POLICY EXEMPT ACTION Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout th lown ofholdel LWRP Section III—Policies Pages 6 through 7 for evaluation criteria RECEIVED F Yes E No ® Not Applicable 0 C T 10 2023 Appeals1 Zoning Board of 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 E] Yes 11 No ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria E] Yes 0 No ®Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes [1] No® Not Applicable RECEIVE Attach additional sheets if necessary 7Dn7 Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section g, OP`�olicies Pages 32 through 34 for evaluation criteria. Zoning hoard of Appeals ❑ 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. ❑ YeO No® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. 0 Yes ❑ No ® Not Applicable RECEIVED 1 0 2023 Appeals Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Created on 5125105 11:20 AM RECEIVED OCT 10 2023 ."•`.. #7 7% ON JIM INS +�• '�;• .,�� 'Y. �A.•: '"arc !'� .4M.lf .. �t stir i. ♦ *y,' 'tea • ��. � •. ` �, t �t ♦ �• .iV• �_� coo ` t • �_Flip 14 Ao ,f s Af o - r ANwy� RECEIVED FMEGAN LAW, P.C. OCT 10 2023 13250 MAIN ROAD P.O. BOX 1452 MATTITUCK,NEW YORK 11952 Zoning Board of Appeals (631) 315-6070 MARTIN D. FINNEGAN, ESQ. MFINNEGAN@NORTHFOKK.LAW By Hand June 22, 2023 Southold Town Building Department Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Re: Building Permit Application of Ferry View LLC Premises: Reservoir Road, Fishers Island, NY 06390 SCTM # 1000-9.-8-1 The enclosed application seeks a Notice of Disapproval in order to file an Area Variance application to the Southold Town ZBA. Please find the following documents for your review: 1) One (1) Signed Original Building Permit Application with required Authorization Forms authorizing me to act as agent and applicant for Fishers Island School District and for Ferry View LLC. 2) Two (2) Stamped Site Plans showing proposed new construction on the property, dated May 181h, 2023. Kindly advise if you require any further documentation to issue a Notice of Disapproval. Thank you for your consideration. VeDhD::�Fi:nnegan y yours, TOWN OF SOUTHOLD—BUILDING DEPARTMENT Town Hall Annex 54375 Main Road P.O. Box 1179 Southold,NY 11971-0959 Telephone (631)765-1802 Fax(631)765-9502 https:/Iwww.southoldtownny.gov Date Received APPLICATION FOR BUILDING PERMIT OCT 1 0 2023 For Office Use Only Zoning Board of Appeals PERMIT NO. Building Inspector: '-Applications and,forms;must be,fill,eii ouf iii their';eritirety:rlricomplefe , applications'will,not tiq'accepted;°.Where the'Applica--nt i§'not the owner,an_ ,bwner s AutFioriiation fon {Page 2)1611 be coiriplete-d Date:June 22, 2023 �+r S` OWNER S 'OF PROPERTY: Name:Ferry View LLC (as contract vendee) SCTM# X000-g,-8-1 Project Address:Reservoir Road Phone#:516-650-4004 Email:crispmissl @ mac,com Mailing Address:20 Riverview Road, Hobe Sound, FL 33455 r `CO N TACT PERSON: Name:Martin D. Finnegan Mailing Address:PO BOX 1452,-.Mattituck 11952 Phone#:631-315-6070 Email:mfinnegan @northfork.law Y.y DESIGN�PROFESSlONAL`INFORMATION'c ;,: Vin. , -'�-`.' ''�•:'.` ' Name:Alex-Ridgway, Brickmoon Architecture _ Mailing Address:13501 Ranch Road 12, Suite 111, Wimberley, TX 78676 Phone#:512,829,7187 Email:alex@brickmoondesign.com CONTRACTOR'INFORMATION:-- Name: Mailing Address: Phone#: Email: ,'DESCRIPTION (OF'PROPOSED CONSTRUCTION ir, "s WNewStructure OAddition ❑Alteration GRepair DDemolition Estimated Cost of Project: D Other $ Will the lot be re-graded? DYes BNo Will excess fill be removed from premises? E]Yes ❑No 1 PROPERTY.INFORMAttOW :S ert ro Intended use of tenproperty:Existing use of property:Vacant in "1aAaTit"est-crence Zone or use district in which premises is situated: Are there any covenants,and restil s with respect o I R-80 this property? Dyes N o IF YE PY. 8"Check Box Afteir"Readifig!","Th" ow6ii/i6ntiict6i/dekign,professionaI Is responsible for all qd!ra1!nijg_ nd storm water Issues as'06vide `APPLICATION IS HERESY MADE to ih" ch'apter.2360 t e,TownC e. , ijment for.the ssuanieofag"i6hjOer'mIt t di z he.- _eBuill'iling�Dep`j"` other nofbulldl of the ofSouthold;._Suffolk,County,'New York and 3afiadEtio comply ill'i fl " 'd i�ri6ed.The al�ollcant_6gr'ies t*-' c*m' p U sor,forremova or entolition as herein e cesj ns statements e i6 buliding(i)i6t'r;e' inspections:i� ' housing code and regulations an�i toad'm' lt`�uii4orlied 6's'�ectors on prern ses and ; t, ents lnare..', e Pena Law.,,.' emeanor pursuant I ..t n - r t ;`punishable to iwYorkitit unlihilile,asa clisikhiiw rsuan oieaf�4216�4!r�fiheNC "'torni I-L Aiding "Za� with 11 W.".rd necessary pect! n',False Application Submitted By t name Wartin Finnegan W Authorized Agent DOwner Signature of Applicant: Date: j 2�, Z�2� STATE OF NEW YORK) COUNTY OF Mai(-hjq 0- being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contact)above named, (S)he is the fi CI fl- (Contractor,Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his/her knowledge and belief;and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this 0"clay of LLW,_ .20 23 - Notary Public U SCHWEITZER 110"LISE NOTARY PUBLIC-STATE OF NEW YORK PROPERTY OWNER AUTHORIZATIC3 "O.011SCUON9 (Where the applicant is not the owner) W QVXM IN&*M CON" C1311411118811011EXPIRES SHIP&M residing at ----do hereby authorize to apply on my behalf to the Town of Southold Building Department for approval as described herein. Owner's Signature Date Print Owner's Name 2 RECEIVED Building Department Apnlieation OCT 1 0 2023 Zoning Board of Appeals AUTHORIZATION (Where the Applicant is not the Owner) 1FISHERS ISLAND SCHOOL DISTRICT'"'a'an at 78 GREENWOOD ROAD, PO BOX 600, (Print property owner's name) (Mailing Address) FISHERS ISLAND, NY 06390 do hereby authorize FERRY VIEW LLC (Agent) AND MARTIN D. FINNEGAN to apply on my behalf to the Southold Building Department. (Owner's Signature) (Date) FISHERS ISLAND SCHOOL DISTRICT BY: CHRISTIAN ARSENAULT TITLE: SUPERINTENDENT/PRINCIPAL (Print Owner's Name) 1 C`1Lrl s�; (�'nCnw! - 1 RECEIVED Building Department Applleatlon 0 CT 1 0 2023 Zoning Board of Appeals AUTHORIZATION (Where the Applicant is not the Owner) EMILY R. CRISP, MANAGER OF I, FERRY VIEW LLC residing at 20 RIVERVIEW ROAD, (Print property owner's name) (Mailing Address) HOBE SOUND, FL 33455 do hereby authorize MARTIN D.FINNEGAN (Agent) to apply on my behalf to the Southold Building Department. L3 (Owner's St Lure) (Date) FERRY VIEW LLC BY: EMILY R. CRISP, MANAGER (Print Owner's Name) ------------ ------ -------- TOWN OF SOUTHOLD PROP! CARD —b—wKER' STREET VILLAGE DIST. SUB. LOT D00 - 00 FORMER OWNER N E ACR S W TYPE OF BUILDING '17 F, / - 0 0"vD RES. SEAS. VL. FARM COMM. CB. mics. Mkt. Value LAND IMP. TOTAL DATE REMARKS d 4 19 --7777— Tillable, FRONTAGE ON WATER — CD �5 5 0 --4 n FRONTAGE ON ROAD Woodland m per' Meadowland DEPTH - 0 < 0 h r-.) m House Plot BULKHEAD Total LIBER 7607 Pacf 551 SA 1x358- QUITCIAIM DEED RECEIVED 1^ THIS INDENTURE, made this of J—day of ;JZ L V74, between OCT 1 0 2023 the UNITED STATES OF AMERICA, GRANTOR, acting by and through th Secretary of f Health, Education, and Welfare, by Bernice L. Bernstein, Region 1 Zo ningr&(ofard O1 AaPeF_i5 Region II, New York, New York, under and pursuant to the powers and authority contained in the provisions of-the Federal Property and Administrative Ser- vices Act of 1949, (63 Stat. 377) as amended, (hereinafter referred to as the Act) and Department of Health, Education, and Welfare statement of Or ' n� �y C e•va /J tion and Delegation of Authority (35 F. R. 11653, July 14, 1970 and the Union V Free School District #4, Fishers Island, County of Suffolk, New York, a union 00 free school district organized under the Education Law of the State of New York, x It= AdIL RECEIVED OCT 10 2023 SSE?7607 PACE552 Zoning Board of Appe and ninety-nine hundredths feet (14.99') to a point; THENCE S 4i - 32W thirty-one and thirty-four hundredths feet (31.34') to a one-quarter inch lag screw set in concrete twenty-seven feet (271) more or less, from the ' \ center line of Reservoir Road; THENCE around a circular curve to the left whose radius is two hundred seven and five tenths feet (207.5'), whose length is one hundred thirty-five and seven tenths feet (135.71) and whose long chord is one hundred thirty-three and three tenths feet (133.3') bearing S 270 - 47'W, to a one-quarter inch lag screw set in concrete twenty-seven feet (27'), more or less, from the center line of Reservoir Road; THENCE around a circular curve to the right whose radius is four hundred twenty-nine and three tenths feet (429.3'), whose length is eighty- two and nine tenths feet (82.91) and whose long chord is eighty-two and eight tenths feet (82.8') bearing S 120 - 51'W to standard United States Coast Guard brass survey mark C set in concrete twenty-seven feet (27'), more or less, from the center line of Reservoir Road; THENCE N 630 - 37'W one hundred fifty-five and nine tenths feet (155.9') to a chiseled cross encircled with yellow paint on the rock outcrop on the high point of the bluff; THENCE continuing in the same direction fifty-seven and two tenths feet (57.2') to a one-quarter inch lag screw set in concrete at the edge of the bluff; THENCE continuing in the same direction one hundred fifty feet (150'), more or less, to a mean low water line; THENCE following and meandering with the mean low water line in a northerly direction three hundred and forty-eight feet (348') more or less to a point; THENCE S 330 - 52'E one hundred and fifty feet (1501) more or less,to the POINT OF BEGINNING: containing 2.12 acres, more or less. AND, the appurtenant easement, described as follows: All of that land lying between the antenna site and Reservoir Road consisting of a strip of land (20') wide whose center line begins at a one- LA quarter quarter inch lag screw set in concrete at the point on the east boundary line of the antenna site where the curve to the left changes to a curve to the right, extends S 400 19' E to the north side of the right of way for Reservoir Road. (27') from boundary line to . center-line of Reservoir Road.) TOGETHER WITH the appurtenances and all the estate and rights of the GRANTOR in and to the said premises. SUBJECT to any state of facts that may be disclosed by a physical examination of the premises. SUBJECT FURTHER to any state of facts that an accurate and adequate survey of the premises may disclose. SUBJECT FURTHER to any covenants, conditions,restrictions, reservations, easements, rights of way and agreements, if any, contained in instruments of record affecting said premises so far as the same may now be in force and ef- fect. TO HAVE AND TO HOLD all and singular the foregoing described premises, together with the appurtenances, unto the said GRANTEE, its successors and assigns, forever. THIS CONVEYANCE is executed, delivered and accepted upon each of the following conditions subsequent, which shall be binding upon and enforceable against the GRANTEE, its successors or assigns, and each of them, and these 2 RECEIVED U9EB 76�I PAGE 3 .off Board of Appeals conditions shall, in addition, constitute undertakings, binding p B ��9 GRANTEE, its successors and assigns, which shall be independent of and sur- vive the execution and delivery of this conveyance. The GRANTEE, by the acceptance of this conveyance, hereby assents to and also agrees to be bound by all the obligations, conditions, reservations, covenants and agreements contained in this conveyance. The GRANTEE does hereby covenant for itself, its successors and assigns, as follows: (1) That for a period of thirty (30) years from the date of this conveyance the premises herein conveyed shall be utilized solely and con- tinuously by the GRANTEE for education purposes, in accordance with the pro- gram and plan, including the implementation thereof, as set forth in the ap- plication for said premises, February 9, 1973, duly executed and filed with the GRANTOR by the GRANTEE, pursuant to a resolution duly adopted by the GRANTEE on December 28, 1972 and for no other purposes. (2) That during the aforesaid period of thirty (30) years, the GRANTEE will resell, mortgage, lease, encumber, or otherwise dispose of the above-described premises or any part thereof or interest therein only as the Department of Health, Education, and Welfare, or its successor in function, in accordance with its existing regulations, may authorize in writing. (3) That one year from the date of this conveyance and annually there- after for the aforesaid period of thirty (30) years, unless the Secretary of Health, Education, and Welfare or his successor in function otherwise directs in writing, the GRANTEE will file with the Department of Health, Education, and Welfare,or its successor in function, reports on the operation and main- tenance of the above-described premises and will furnish, as requested, such other pertinent data evidencing continuous,use of the premises solely for the d one purposes specified in the application described in the condition numbere (1) above. (4) That for the period during which the above-described property is used for a purpose for which the Federal financial assistance is extended by the Department or for another purpose involving the provision of similar ser- vices or benefits, the GRANTEE hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and all requirements imposed by or pursuant to the Regulation of the Department of Health, Education, and Welfare (45 CFR Part 80) issued pursuant to that title and as in effect on the - 3 - dIAL RECEIVED . LIK?7607 PACE 554 OCT l 0 2023 date of this deed, to the end that, in accordance with Title VI f that Aet Zoning Board of Appea and the regulation, no person in the United States shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the pro- gram and plan referred to in condition numbered one (1) above or under any other program or activity of the GRANTEE, its successors or assigns, to which such Act and Regulation apply by reason of this conveyance. In the event of a breach of any of the conditions set forth in paragraphs numbered (1), (2), (3) and (4) above, as determined by the Secretary of Health, Education, and Welfare, or his successor in function, whether caused by the legal or other inability of said GRANTEE, its successors or assigns, to per- form any of the obligations herein set forth, all right, title and interest in and to the above-described property shall, at the option of the United States revert to and become the property of the United States of America, which shall have an immediate right of entry thereon, and the GRANTEE, its successors or assigns, shall forfeit all right, title, and interest in and to the above- described premises and in any and all of the tenements, hereditaments, and appurtenances thereunto belonging; PROVIDED HOWEVER, that the failure of the Department of Health, Education, and Welfare or its successor in function, to insist in any one or more instances upon complete performance of any of the said conditions shall not be construed as a waiver or a relinquishment of the future performance of any such conditions, but the obligations of the GRANTEE, its successors or assigns, with respect to such future perform- ance shall continue in full force and effect; PROVIDED FURTHER that in the event the United States of America fails to exercise its option to re-enter the premises for any such breach of said conditions numbered (1), (2), and (3) hereof within thirty-one (31) years from the date of this conveyance, said conditions numbered (1), (2), and (3) set forth above together with all rights of the United States of America to re-enter as in this paragraph provided, shall, as of that date, terminate and be extinguished; PROVIDED FURTHER that the expiration of conditions numbered (1), (2) and (3) hereof and the rights to re-enter shall not affect the obligations of the GRANTEE, its successors and assigns with respect to condition numbered (4) hereof or the rights reserved to the United States of America to re-enter for breach of said condition. - 4 - JdML RECEIVED OCT 10 2023 Lia: 7607. PAGE 555 Zoning Board of Appeals The GRANTEE, by the acceptance of this deed, covenants and ag ees _�— itself, and its successors and assigns that in the event the GRANTOR exercises its option to revert all right, title and interest in the property to the 1V1� GRANTOR, then the GRANTEE shall provide.protection and maintenance of said property at all times until such time as the title is actually reverted to GRANTOR, including the period of any notice of intent to revert. Such pro- tection and maintenance shall, at a minimum, conform to the standards pre- scribed by General Services Administration in its regulations FPMR 101-47.4913 (41 CFR Part 101) im effect as of the date of this deed, a copy of which is at- tached hereto and made a part hereof as Schedule "A". RECEIVED n OCT 10 2023 LIBER 7607 PACE 556 Extract Frcm 41-8oard of Appeals MEM S--9 TCES itDY141STR.AV011 ILOORAL. PRO P.CRTT MANAGCMCNT RLOULATIGN9 r (AM CNOMCNT NO.N-0,AUGVST nssl / t 101-474913 O.M.. far rearelbn lar At IAelllllep In Innttl a INu.,mA d- A Pend sir end arr Dlolesuoo wenn,et•"arm{m l<n.n<e Jf m«honleal anLL elect" n Sherr Hrnae ucn nraesur) {Ions should be Sutured ,o tn+I mmeh ta its Relpapr". "V , lel lylalllllt vI sit I,nhl.Is r.th I+re. m....1 t1 lir p........a ert f ,Shia IS. 11- A.Gmttal In PI.-Inq Sad malnula- v[ Io Or if Id+nhwa or wnlmpuan•C or3lloo In n.Ya, rawarl yelumml .{hula WL nrrw end..,Plus a1.P'".."'A'uta"• as on c1 a ••rill'. Ilnl be empld).d far thI..,it-P,lib n Shia al on praciph at-[aicu _run'u 1.1 tA'Semen l,rinnn.rout"m num- tfmDAnry bASIS a,periodic loteraala alien eoaNd.1na W be-.1 In ukrnA...c err,of raI.S•Pould b sept Oren It Is attnmllied by 1n,p,elWn.that the mark • I.waned.-Hlral•led SIH;Ine non era• 6 FneAohen•Uudrda .'Ireb<nl.rt spit U _:_, Whffe.er Possible elfttrl[JI lar[[.na onrnuanans In Inca.OI fr+na- as lir nin11V .{eerie the Id W drrn[fRlred. WaMr •Die Y•IYe•.n aaullp•IN IY p<Ir•In In• +°l I..m.Pnrlerinn'...u.w117 DlW tabu ora Yled from all hal Us b-,turned aa. rich{{Imo nPmonwH w nllolml/a IDS ° ,lW nnns rnl proprf111,when aril buildings.'Cured Jp+ln.t YnaYlha•lted n.H. b drurminrntl Ine amount nl ora• win auto Vr+inm•a1i,,gulled SDe dutlt• ante' Spllhklfr BTaIlma should he dmired beraan SO a..Ppl..un."In..ullnoe,rt• of hlenrhierA and quare fnoul!Df come dllrihH Tref<Inq •lar her and fealllv0led a v mbAl 1 tatwta thauld pet •a' pu-d le the mnnnum Hieol poNlAu In t0. ice u.Ine.-IMltty al.end tea autMn A•htn don er a({Kelm.nae Pealed. b.loss{.Dubuc.ar P,.wle protfcllop i+<ru• lolar•al °f D°In°uie�,-eed•.m oi�eW Ibr A[is tun In settle a tus. such all.Q.use•aa ulur u:in.{.nous.,mess{ n Persona• nan cl.I.I.,of,leu<w H:pre.s::+1 Pio- sof eau•ler"net mlrnlmww wiesrn, multi ole-IenavcY opetallonk equipment taeUoo m.O1nn8 fenern�rn rel R+t n, roch ef.nmp.1.4 gran end end•at ether should be kept le r....-ably o"e'J11Og tan- eta.: be laaltah end ora......7 0l[m- dee bst•IJS.u"1.ed W B a1r.IYnert.tap dl.lon. Onrrallen Of lgYlpmrn l0 fuentah uvlctud.facduu.:and rneamaunt anJ her•"at1.H r..and yrateet wn:en iu",trate...anus,As.111 v the ,w al relief..as ine.... C....,an. of PIOP"If. Aedarremenla al r•otrcttan procurement of utility reel..for dlstribu- .1 No.,law Ileo...sutp'w p••re.:lrn 7,ODHannp Is"new lh•t l[is.mpr+en..ale lir Vn.n. .'Irrninsel-ryxda or[undo.Mould lion to len.nl..Should be carried an..It estahlun.nefin,tt or deed Iurmuia Sve dt• u redlined w make pesledlL eaurWS at local- W the tA[fnt ne<Hwry to comply With lease tarmining tar Harm of ind 1Uun+nn. die. nus rrawnn<='a Plon. the freq-ncy of of permit conditions.or In scan Where it Ypaa[I that Should W.pushed The s:+nU {brae rouna.•aYld De DYN Ypin.hWADfr 1.Inipm[hnbl,tar{charm L antalh aU.h ' r0s or vl is'.Na Rush..11+.a L',.clow, ret lrtwra.so,.m,la.uae rind cue et tee yen 1Cn directly from utility rampanlIS ar furnished as•guide lO vualeC run tactllt/.Iyer of HroSa"l ani Pa),Inl ox• other source.. urea,he,moss.•spm 1yp.Aa1....." dewrtnlh.lnn.. ImnncH (el re {a[boil.mane ellyd tq end/pt D.Proesrbpn Standard, Thr fvltprmt •l the IAe111.i. '{Ten •/ el h- more Dollen and feusted tqutDmeot rfathro.are t.rrurn IS A,.ids In delft- a term of env"•ulwn•uvR• 8 Df• n anent.should De mml nL the amount And Itm.n al P:olre-n. ,,nn.Such .:Adlenesn DYVICt Teletlro eh re In operation.riioma g 1.poperw, not Afoulnnp P•u:etlron Compuay.Will cities ndutllon In amu 7 made for periodic lmpeellam by qualleed Pnrnnfr F.I.prelntlun a1 weum)•Per• frnuc.ag the nurnn.f of nrtdeb.1-.u.[W. ntld Printed lospeemH to.IhaYte that n.I Ar'nae needed at or Lunar.rIq..,.O 10 edroussell Plotn.am Injury W personnel.Iws or Ilse.pr damage ply,".g.re-.....t....s. no str.<. Dnmly. w property does ms occur* tum a tamed Dawn"D.arntr; a a'+rcmm.n.chick. Tp tea.adeaum Id1.Indludual Deaden should be used. lel neltlde•"be''A.re•I,m01•m n- ear of Ine.btur Peoprt70r the cu•rn.,• ®pen practicable,In Il•u of operating beat- ' cartt.bte ealnv of toe.mDrorrmeou ens or nrrS,lperr•Nera, so ."D,"ed ..tab• Ing Plant.. •' Shand pram property•uelna a'*- v tore Le °mon•Huck should a prodded.•tib key t.Gfou ndf,Aooda.Rollrpddf,one! lent- lem then me.{{mated ran al preteenep L'"""a[retetl�ult{•sled S,, In par- Imp. for.ace-yHr P.,.= InR oval.ire ln!Omar,M•ry•'a••Ill I.)nHllltH"Snit tshn.-red"In,. r,All partea A[tDe propmi• 1.1 M.L.u0aotk of grouba. should be public firo•and ponce ing,fter-L Ilmtu, rape FroesH.an Arps,. Cquwm'nt Auto- canfined lar8ely W remora{ of 'Sectarian "Iep can W{Sett e1 osroed up: matte aft d'tacuon tle•Icn a.aAu Sed pulro Cm.tral necessaryto•,dOld eia.ssplunt QUO'IA Idl nelllllce.nm the eralm mt•Imna mint Sao$en m•1 met, y Suua pulao Ace equipped With..sol�U.aonoklm.au• oun,ai alta.IS ......caY. H.......us. In.1-dJl-e•i,laral-cl.6l,I,lay.held Penland by Amtrlead Dlsdlel Trl•enpo of de•I,t.al trio type,it.,Cumm.re purely reCul,llow;plowing at fire lanro wharf need• Company m other ceptnl•u11oa rr•lee, wrpndeey ore Dno ftl..nd r,e D,Ymruy ed: aan removal of .num fluor roods and which do ods Capula 1.10 qu•nll I el •me.m or oalAlnlnH pre lend pollee D.Ow ainr areae onlS l0 the eAltn[me dryonly to ne,dlly r,vinHbla personal Pt Perry. sad {ton SAellttl<f•t In.Drocerti Iv An ewer• pro.We vttnf far maintenance are prolre which kre Iv Sa arts PIMUed reLuWlf of Renta. TT•n re..WUs types of d-rel. ion,and slmllar at.t•Ir les \\'e"t-Pnt- laal Poll.;end D at which can In considered aep.rattly untift. bol "ops ..aura DA fat. to NA IA)HsetlIll. .him.gmmcou Ho y er�m cumblestion We.UPPI-means Lwld ..'ant bidders with it.,ptucna..r pl,tnrm• male null•1-.1•paHlad al the Prop- pauou.which any-.1 m,educnoe el Ing all{also,Id tonneetlon With cuttlnq and rt/W palest me,tpulnlvL pont.-.4 re end.In Som•,er[ances.11 m•y be pa• ,Arno.{. Al..egHeuHunt and a,8[ating aml-1.at wnhau,.atllucaal cat. M.Is.Ilmlvste all go... li,_.may b!,named to,It y,."Ivabll.Af other means of red.e,ng the cast ar trauGd, ].Proynt-s AequrnnG a RS•ld.nt Cw- to Srnny Ono,. Inct-ott Ibefe w n.+intenan.e, An7.ucn Irasn shall he Sun - Iaaan, A{.wroth{ewtmuo Ar guard only f.elllllIS of hlSn m.Ikfl ralue,m rDlee flet to in Drorlllad.of 1101 7703-9 or ta required a /+.{lues al the lollori°g er Ire,rem.or.1e Aa-1.114 Ina.they I to H1 1]. elenw.: .IOOwloe aY ealaltr•es4n.eun.- la)nclllun[em.lnln[DIM.....air (b)Only that portion of the rasa network pttsonal property but having 6 norldenble n. ragranu,•fes which esquire esVusYts r neenaaY Ibr.,{Nuck and Other mlhlmlard umber of bu"Tnp w a Id lar An-ntr •peel•{Protrcllao mnsurH. This boa ,.Me shoWit be maintained. The it w us,then I I the IlWldlog.are at low real.:• AtIJ been lJYen caro O: OJ stamp`Wlth Welch .ucn road. •e b De mstdtal.ed Sole•tlw and so Spaced.list lou of n additional gunid.w that the"Our .,flew should De onlf Inst,nnemuy b permit • than•few b°llalnr In A angle ore Is Ica• of pauolllne may be used. In Such caws, Wit d be l o at n cressable lis So pr Wat..or Ibl In...'I.ma of so Io- the we of realty dogs Mdlald be mllde,ed nree ed In•,w.I,r tar fil.ii pulp--+n m amcn:g At the appropr.... So..an of lel..,wen.Should not be maintained ..USAir sna m.vinpul IS.,he,"".,P."- Of.,et[tng the need for &SH113.11 guards.ka e.eept A b.lght be required W[protect n wnlw.aIn Irwild Drompuy ...D An {ale reduetlnot 1n noel. SI end mxntrnanee Open-am,a1 a required m�l�swan.{noes."ivaw:oa:and rem- It Is d<e IInW to be m Ine G--romtntb prince the P,ommpn oI A ua:e Sir rlmat .tem 1+e111nH amen must ar kept open ).writ to we Ilw type of P,O[.ntun-Jd<-R Idl DllenH dna olner dnlaase lueullln tri Imprcllan one sheen,n w lucatan mu should be ubt.-Ld• m acrLSIN Ion Ilet-, abould he kept aumclenlly clear to perm{, 1 pYblle On And police Oro 111 uv be se- purcm.re.lir denau:nl, valnlnt. use...d lir/ore.mrr sir run a1I tYeed at tehphain: Hfe, (to., Ill, neon. puller ,,pu Ohn, �lel IYnehg. at other PhTsital bother. �al nelltliea Wnefe tee bitb"t And best wing story dN1 t\Ten senlr(•do,a orf Sho St eral uld be keP[In refs-sumflfntly[a afford er Deed.tle.So a.W,.ye.wra ii-rd.the proper:/heulrl be elt-IV posted plot...Ion aR3lnaa nniulhanted evilly. Int.dpa"C"I"'..1 ulvuf Haalnt,ctirStu' "WarWn;-T'hl• G.efrarrIal Mg-Y Pd- S.VnMir, chipa •tae c ° t .Hors •here Me Vnaed DY 5"nIy Dap.' lel At Iaachvb proPdrll n,water IV...in-, pa g sgoAun Sei pra-rt C.,,I..../[.anal Sfanhaed., The lollam- frroge"apolar system,,electneL dtatrlbu- Ip o/ 1 t.o •ua<lent to flan a)'a1M.a.Ste,snoulq ee m.nanlnld Ant' IDS DYDIIc. Ing slan in.d.ar crlterla Are lir nthed a W the tel.ret necessary.o pre.Ide the minl• a.Propn.u,depwaop Cmn,uara Glml •Fuld,in tpnneevon a'IM the upkeep et mum fer.ItA afgwred. Du11Uln..b,pens JerD1e. OSA d. duly t 1 Sas Jnd aurplw red{Di•per:..f Sot re eleetrinl sir,rte or vale, (.tom of 6 g d.esquuedl Ie rcpul,SO st Sac qle ng faculties al bleb mark.,••lira ablta.ra 1.Ttmpdrory 7)pr ful:31np1 and slruc- e.W, De dstnerglged"I"Irltallf and lht Seated:.quire Sell Spa aero[•.•.hlc. turn TemPJIs bYlldlh[I hoYllmq Per' •'alts v>I.'ed an k'1lhllef llOt In ul,.ar Will mdlakea eu:lat•afro..ail lullaMu. of nal pe-pa::f a -h ea^nal,ar rta,.11p re• rs Sr tai a -•••sled At Ahanden.d A—sole.can a[lacked:cod sous.{.{Seel pollee v,d tope:nunenl t pe.aro:age snuuln De twH.'ab.U.net a.malnlA ned. it en pronvu..SAD DA-rd at wl.: matnf+lned blit 1b.ret ealeot I:een.NT to IDI At Arrive propttvre, a3tf[ SUPPLY• plawn. pr"est tar pe:aanJl yn,pe,t \'+,ant..m' electrical Power,and sewage dlspOH Propnlfil faelll- t. • AeaaWno Alpn Oprn ra/ perry sl runwn should not or eel-31ned lin fregUAILIT must be Operated Al rates yrolfr11or1. Moro the.am Ou"0 r•ryeed 1rPt In uruau Jl CI[nlmsU cern much below designed eapa<Itle1, Cn.laeer- .UI ae rp-leld 10 he bre duet•t a,l{Imes Sty Pf Ines,.. 71Pe II wIQ:npr and BtrY[- In atudln should d'lermi n'the StYet.v 1 At hc....o1 tp."I"'IVied I.W. STa ref e e umbel,and Me Aulgvmenl,aI it...M.n' sulel No tri-,lar P.I.IM8 So tild be done. And apennair eh her n t'enery Ibr m 1- ry.roA ID Hm taw.•bawd b•d.......ed N'h!,!fated.,.pea OI hlel+I Surfaces re mum,. aril', where Inkar,.a fauna In by taking Into Ma,d-LICA all Will- tfeatm.l.l ID 1 arr:nuS attenon• 'asci dntrlbtll lOn Il nes:such Ilntf ma)•De fsttmS, {jute, tire,In, val.ed on Sal mrr than spatted.linins n--be 1.1 F. Miss al h..h m•,krt rotor.h.1b uon.lput p.11nlog only al;r ld be done wned aan'tot nee p:ot,ellon o,o,:i Durin IS -own,,own,,from pu"1[-t.,-•.oa re- P:Arlrt+bre las..• 1 Id D<IW- lel \\'here utllll:es are pu:ena.ed by ran- quite w aa•mA-dlt d'•a.hn..SIS—nor- Cbl carpentry and[ k f lav Start.sue.co.-cH should he.weed so ..t.to Oold Sees la ennA until AYYn. Ited .o. sou n nary to Clmt"PeNnR, aet.,mme 1(ca•u Can be Inured by �•s:Atanrc ern M aD[elntd Apt.1 an...re red p.:lf...IS;nnkMR Ire:- of the tantra[O. Iblbmnl•oYo ou w:.NJuo,l.adarr men dry ,pP .to auris r a:• and Aide a.Yia 6.NopNnrt to be Olfierrd of as Salreif guu• f. pwtreaCn •Galt sit further dama[1: No fund.should be expanded for RJ:':e• b ab-lhl-M, na dhemng late. . u.n ghorinc+red Cnela.at I It-j-to pt•rhlde n.nce an properties where the h i.: Aad fst W f.I1v.Wse mu All—"31 now.. and I :- JPeeA•ln it be,l we hat been dsttrmined W be ASSI-4t III rwmun at been mr4i • lIf An nrrrwat'na.nnc.red in,,,mewl Wpleb an.pevolllaL o[lam res.ss.ren Yn A1ium.as a rule br en :'h blah ..n a Y1 rep •r r a Araa.n ReDAIr..nawd w nmu.d l] Idl nedltles vl nee muket.Nue hat lel rel rarnn rI,., Inch W:n:tinea,ale. St.-Indnions or eb+n.H MJl rte vert4.•ff SAo[.0 Mn edo[atnln[I.fR guenlllles OI Aon rollr:elc roh1U•J:nan,hnu:d be YhJIr• Irr1 the rrnlr.ai.aa and malnlfn•hce or Ine pelWOH prop.ny nl. urs mweme pit- sten oat• in yen n- tr3k ae..r duunr- prb•nrt•lir an,r tar p,e.ent e.:r:r.e.HpW. felase. n` Sir Or Or er (rf0l ea't pg,l n,{ Ihimilulit O!aingfro to.,def e,I-1- ei uDwlrtf[Ir Ce 11 Po[.Ilth. of nlcnama,Y rl .slue .t alN.nlnl f+Ill.fe and to a'lt m!(•fJrert-d,,,,,ed or alum. .hlch a enl Suits m u ae k,or open for lel Asa bu uJYu•a Smrol.l M hra lea ine grwl, ","h-a. re, nteW enl, or enfhgw YA only oprntlnR Du.PW N mAintn r', 1'ur)a ea n.:rl•1 In unua.al anew 11 he.been JelermineU Ihaa enlon- 6.5/andardr Ili.All........J P.oenrrr. clrc..nral nu.- Iris{la Slmwed lel All I+nbun a .•1 mu- 3 31r•r 4n nlr rel nr,d Efrr revel Irtrfalfofrnn r. F tnn•-lrmenlf No<.It,Should h,I.- P' D- - •11n.r Prlwmn luolarnv:�c nu.out• Three In•IUM F 11 leen[•tar,lent .nl,l rt- cubed In Inrreuw In,S.I-I. al-P-11- no it In,.+ I.Intr.I.n tin A.e1 x r,ore ells. and n calf h.ul•I he Incurred to ppdf,AaMru1J M•nn elN tar larulrrr• M Iu.,A„ntw •.rv.nr+l m)wpnYm!nHHa• nuke v prop"", dlsPn•oatf vllhuul the men ar.n•pyruprwle au.M1unu.a Sur pur<. lar.,and smnl..r1tt•ma Pna SPD 0,at or OSA. I`ee 11017 sal-d.1 Fitself, IVED The GRANTEE, by acceptance of this deed covenants and agreits successors and assigns, and every successor in interest to th0 123herein conveyed or any part thereof -- which covenant shall attacrd dr'Hppealswith the 'land for so long as the property herein conveyed is used ,., pose for which the Federal financial assistance is extended by the Department W or for another purpose involving the provisions of similar services or bene- ' fits and which covenant shall in any event, and without regard to technical 1 classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and equity, for the benefit and in favor of and en- forceable by the GRANTOR and its successors against the GRANTEE, its success- ors and assigns, and every successor in interest to the property, or any part thereof -- that it will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 241) and all requirements imposed by or pursuant to the Regulation of the Department of Health, Education, and Welfare (45 CFR Part 80) issued pursuant to that title and as in effect on the date of this deed, to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the program and plan referred to in condi- tion numbered one (1) above or under any other program or activity of the GRANTEE, its successors or assigns, to which such Act and Regulation apply by reason of this conveyance. In the event title to the above-described premises is reverted to the United States of America for noncompliance or voluntarily reconveyed in lieu of reverter, the GRANTEE, its successors or assigns, at the option of the 5 - RECEIVED LIBER 7607 DACE 558 OCT-1 o 2023 Department of Health, Education, and Welfare, or its successor i €idtftvBoard of AP shall be responsible and shall be required to reimburse the United States o America for the decreased value of the above-described property not due to reasonable wear and tear, acts of God, and alterations and conversions made by the GRANTEE, its successors or assigns, to adapt the property to the edu- cational use, as hereinabove described, for which the property was acquired. The United States of America shall, in addition thereto, be reimbursed for such damage, including such costs as may be incurred in recovering title to or possession of the above-described property, as it may sustain as a result of the non-compliance. The GRANTEE may secure abrogation of the conditions subsequent numbered (1), (2), (3) and (4) herein by: a. Obtaining the consent of the Department of Health, Education, and Welfare, or its successor in function; and b. Payment to the United States of America in accordance with the fol- lowing conditions: (i) If abrogation is requested by the GRANTEE for the purpose of making.the property or a portion thereof available to serve the needs or purposes of a third party, payment shall be based upon the current fair value, as of the date of any such requested abrogation, of the property to be released from the conditions and restrictions, less amortized credit at the rate of three and one-third (3-1/3) percent of the public benefit allowance granted on the original fair market value for each twelve (12) months during which the property has been utilized in accordance with the purposes specified in the above identified application. (ii) If abrogation is requested by the GRANTEE for the purpose of making the property available as security for financing of new construction, for acquiring substitute or better facili- ties, or for relocating elsewhere, all for the purpose of further advancing or promoting the program specified in the above identified application, payment shall be based upon the public benefit allowance granted to the GRANTEE of one hundred (100) percent from the fair value of twenty-six thousand five hundred dollars ($26,500.) as of the date of - 6 - RECEIVED [and 9760CTa 559 0.2023 this instrument, less a credit at the rate of three one=third (3-1/3) percent of the public benefit allowance gra cresa(). ard of Appeals twelve (12) months during which the property has been utilized in accordance with the purpose specified in the above identified ap- . plication; provided, however, the GRANTEE, shall execute such agreement, supported by surety bond or other security that may be deemed by the Department to be necessary or advisable., to assure that the proceeds of sale obtained by the GRANTEE in any disposal of any portion of the property for effectuating one or another .of the aforesaid purposes for which abrogation is requested, will be devoted to the program use specified in the above identified ap- plication. The GRANTEE, by acceptance of this conveyance, further covenants and agrees, for itself, its successors and assigns, that in the event the premises herein conveyed are, at any time within the period of thirty (30) years from the date of this conveyance, sold, leased, disposed of or used for purposes other than those designated in condition numbered one (1) above without the consent of the Department of Health, Education, and Welfare, or its successor in function, all revenues or the reasonable value, as determined by the Depart- ment of Health, Education, and Welfare or its successor in function, of bane- fits to the GRANTEE, deriving directly or indirectly from such sale, lease,. disposal or use, shall be considered to have been received and held in trust by the GRANTEE for the GRANTOR and shall be subject to the direction and'con tro ontrol of the Department of Realth, Education, and Welfare, or its successor in function; but the provisions of this paragraph shall not impair or affect the rights reserved to the GRANTOR under any other provision of this convegance. The'GRANTEE, by acceptance of this conveyance further covenants and agrees, for itself, its successors and assigns, that the United States of America shall have the right during any period of emergency declared by the President of the United States or by the Congress of the United States to the full unrestricted possession, control and use of the premises hereby conveyed, or of any portion thereof, including any additions or. improvements . thereto made 'subsequent to this conveyance. Prior to the expiration or ter- mination of the thirty year period of restricted use by the transferee, such use may be either exclusive or non-exclusive and shall not impose any oblige- any or any other foes or charges during the tion upon the Government to pay ren 7 - RECEIVED L19:P. 7607 f%rx560 OCT y 0' 2023 period of emergency, except that the Government shall (i) bWa0r1fikJc&eai"£d of Appeals cost of maintenance of such portion of the property used by it exclusively or over which it may have exclusive possession or control, (ii) pay the fair share, commensurate with the use, of the cost of maintenance of such of the 1� property as it may use non-exclusively or,over which it may have non-emclu- sive possession or control, (iii) pay a fair rental for the use of improve- ments or additions to the premises made by the GRANTEE without Government aid, and (iv) be responsible for any damage to the property caused by its use, reasonable wear and tear, acts of Cad and the common enemy excepted. Subsequent to the expiration or termination of the thirty year period of re- stricted use, the obligations of the GRANTOR shall be as set forth in the preceding sentence, and, in addition, the-GRANTOR shall be obligated to pay a fair rental for all or any portion of the conveyed property which it uses. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be exe- cuted on the day and year first above written. UNITED STATES OF AMERICA Acting by and through the Secretary of Health, Education, and Welfare By: Bernice L. Bernstein Regional Director Signed, sealed and acknowledged in the presence of: }� 6 :/. j Zd _ 8 _ LISEP,7607 PACE 561 - 9 - STATE OF NEW YORK ) Fna IVED ss COUNTY OF NEW YORK) 1 0 2023 On this �9K day ofr..�d�z.O�. me, the subscriber, personally appeared Bernice L. Bernwn oa�dAp pe alsknown to me to be the Regional Director, Region II, Newofthe United States Department of Health, Education, al"\ gov- ernmental agency of the United States of'America, and known to me to be the same person described in and who executed the foregoing instrument as such Regional Director aforesaid, as the act and deed of the United States of America, for and on behalf of the Secretary of Health, Educa- tion and Welfare, duly designated, empowered and authorized so to do by said Secretary, by delegation of authority dated July 14, 1970 (35 F. R. 11653) and she acknowledged that she executed the foregoing instrument for and on behalf of the United states of America, for the purposes and uses therein described. 40o ry Public Mp.GAM K HOL+N w York 07j $omms+ion ErTrns� us.a 7607 Put 562 RECEIVED The foregoing conveyance is hereby accepted and the and rsignedTef(� by this acceptance, to assume and be bound by all the obligatio s, conditions, 0 223 covenants and agreements therein contained. Zoning Board of Appeal UNION FREE SCHOOL DISTRICT NO. 4 FISHERS ISLAND, SUFFOLK CO , NEW YORK STATE OF NEW YORK) ) SS COUNTY OF SUFFOLK) On this / day of ••A iCL if � 1974 , before me, the undersigned personally appeared eared 1 (Jtirt f.-t.� ��. •��tkY.v to me known and known'to me to be the same person whose name is subscribed to the foregoing acceptance, who being by me duly sworn, did depose and say that he resides at l -��/ �"�-A-�~tf . ��✓ YIIA�'- that he is 1Z1104P4 that he is duly designated, empowered and authorized by the Board of Education of UNION FREE SCHOOL DISTRICT N0. 4 to execute. the foregoing acceptance and sign his name thereto; and that he signed his name thereto and acknowledges that he executed the foregoing instrument for and on behalf of said UNION FREE SCHOOL DISTRICT NO. 4, Fishers Island, Suffolk County, New York. '12 < ir T(AARY B. PANKIEWICZ NOTARY PUBLIC.STATEOF N W YORK R0.92.8267950— UNTY (p; NEW YORK STATE DEPARTMENT OF STATE DIVISION OF CORPORATIONS,STATE RECORDS AND UNIFORM COMMERCIAL CODE FILING RECEIPT .1y5A- ENTITY NAME : FERRY VIEW LLC RECEIVED DOCUMENT TYPE : ARTICLES OF ORGANIZATION OCT 1 0 2023 ENTITY TYPE : DOMESTIC LIMITED LIABILITY COMPANY .0 '26r,CW .APPeals ' DOS ID : 6646480 *00 r ��• FILE DATE : 11/17/2022 � ' FILE NUMBER : 221118001836 TRANSACTION NUMBER : 202211170002555-1452018 J EXISTENCE DATE : 11/17/2022 �w DURATION/DISSOLUTION : PERPETUAL z. 6•. � COUNTY : SUFFOLK '••r ENT 0�.••. SERVICE OF PROCESS ADDRESS : THE LLC 20 RIVERVIEW ROAD, HOBE SOUND,FL,33455,USA FILER : COLBY ATTORNEYS SERVICE CO.,INC. - 111 WASHINGTON AVENUE,SUITE 703 ALBANY,NY, 12210,USA SERVICE COMPANY : COLBY ATTORNEYS SERVICE CO.,INC. SERVICE COMPANY ACCOUNT : 08 You may verfty this document online at: http:l/ecorp.dos.m,.gov AUTHENTICATION NUMBER : 100002521642 TOTAL FEES: $235.00 TOTAL PAYMENTS RECEIVED: $235.00 FILING FEE: $200.00 CASH: $0.00 CERTIFICATE OF STATUS: $0.00 CHECK/MONEY ORDER: $0.00 CERTIFIED COPY: $10.00 CREDIT CARD: $0.00 COPY REQUEST: $0.00 DRAWDOWN ACCOUNT: $235.00 EXPEDITED HANDLING: $25.00 REFUND DUE: $0.00 STATE OF NEW YORK DEPARTMENT OF STATE RECEIVED OCT 10 2023 in Poard of Appeals I hereby certify that the annexed copy for FERRY VIEW LLCANUo . 221118001836 has been compared with the original document in the custody of the Secretary of State and that the same is true copy of said original. WITNESS my hand and official seal of the ...••••••.. Department of State, at the City of Albany, •00 pF NE ll"'.�'., on November 18, 2022. • • d � EXCELSIOR.`_- 7 • '•;��' �� 5 •' Brendan C. Hughes ENT • 0600•••'.. Executive Deputy Secretary of State Authentication Number: 100002521643 To Verify the authenticity of this document you may access the Division of Corporation's Document Authentication Website at http://ccorp.dos_ny.gov DC-08 ARTICLES OF ORGANIZATION :Board ED OF 2023 Ferry View LLC [Zoning of App als Under Section 203 of the Limited Liability Company Law FIRST: The name of the limited liability company is: Ferry View LLC SECOND: The county within this state in which the office of the limited liability company is to be located is: Suffolk. THIRD: The Secretary of State is designated as agent of the limited liability company upon whom process against it may be served. The post office address within or without'this state to which the Secretary of State shall mail a copy of any process against the limited liability company served upon him or her is: c/o The LLC 20 Riverview Road Hobe Sound, FI, 33455 FOURTH: The limited liability company is to be managed by: x_J One or more members Q A class or classes of members [] One or more managers E] A class or classes of managers FIFTH: The latest date on which the limited liability company is to dissolve is: NA IN WITNESS WHEREOF,this certificate has been subscribed November 17,2022 by the undersigned who affirms that the statements made herein are true under the penalties of perjury. srae . Quezada Organizer Filed with the NYS Department of State on 11/17/2022 Filing Number:221118001836 DOS ID:6646480 RECEIVE ARTICLES OF ORGANIZATION OCT 10 223 OF Zoning Board of E ppeals Ferry View LLC Under Section 203 of the Limited Liability Company Law Filed By: Colby Attorneys Service Co., Inc. 111 Washington Avenue,Suite 703 Albany,NY 12210 DC=08 0 ROUTINE [3 SAMEDAY 24 IIOUR Q 2 HOUR Filed with the NYS Department of State on 11/17/2022 Filing Number:221118001836 DOS 1D:6646480 RECEIVED OCT 10 2023 Zoning Board of Appeals OPERATING AGREEMENT OF FERRY VIEW LLC (the "Company") Date: as of November 17th, 2022 TABLE OF CONTENTS RECEIVED ARTICLE1 ORGANIZATION.........................................................................................00T„1,912023 Section1.1 Formation ...................................................................................... .......................1 Zoning Board of Appeals Section1.2 Name.............................................................................................. I— Section1.3 Principal Office .....................................................................................................1 Section 1.4 Business Purposes .................................................................................................2 Section1.5 Term ......................................................................................................................2 ARTICLE 2 DEFINITIONS ...........................................................................................................2 Section2.1 Definitions.............................................................................................................2 ARTICLE3 MEMBERS.................................................................................................................3 Section 3.1 Names and Addresses............................................................................................3 Section 3.2 Additional Members..............................................................................................3 Section 3.3 Meetings and Voting. ............................................................................................4 Section 3.4 Conflicts of Interest...............................................................................................5 Section 3.5 Indemnification of Members.................................................................................5 ARTICLE 4 MANAGEMENT .......................................................................................................6 Section 4.1 Management by Manager......................................................................................6 Section 4.2 Number; Tenure.....................................................................................................6 Section 4.3 Restrictions on Management; Actions Requiring Super-Majority Approval of Members...............................................................................................................6 Section 4.4 Liability for Certain Acts.......................................................................................7 Section 4.5 No Exclusive Duty;Non-Competition..................................................................7 Section 4.6 Execution of Documents .......................................................................................7 Section 4.7 Resignation or Removal........................................................................................7 Section 4.8 Vacancies. Except as otherwise provided in this Agreement, any vacancy occurring for any reason of a Manager, whether resulting from the death, resignation or removal or otherwise, may only be filled by a Majority Vote of Members...............................................................................................................8 Section 4.9 Compensation and Expenses.................................................................................8 ARTICLE 5 CONTRIBUTIONS AND CAPITAL ACCOUNTS..................................................8 Section 5.1 Initial Contributions...............................................................................................8 Section 5.2 No Additional Contributions.................................................................................8 Section 5.3 Capital Accounts. ..................................................................................................8 Section5.4 No Interest.............................................................................................................9 i i Section 5.5 Loans to the Company............................................................... _.......�......� ARTICLE 6 PERCENTAGE INTERESTS ..........R�9.IiyEg ........................................................ . Section 6.1 Initial Contributions................................................................... ...........QET..1..®49Z3 Section 6.2 Adjustments for Additional Contributions................................ .........................10 ARTICLE 7 DISTRIBUTIONS Zoning Board ojoppeals Section7.1 Priority.................................................................................................................10 Section7.2 Tax Distributions.................................................................................................11 ARTICLE 8 RECORDS OF THE COMPANY............................................................................11 Section8.1 Maintenance ........................................................................................................11 Section8.2 Inspection ............................................................................................................11 ARTICLE9 TAXES .....................................................................................................................11 Section9.1 Tax Returns .........................................................................................................11 Section 9.2 Tax Matters Partner.............................................................................................11 Section9.3 Elections..............................................................................................................12 Section 9.4 12 ARTICLE 10 TRANSFER OF MEMBERSHIP/WITHDRAWAL............................................12 Section 10.1 General Restriction Against Transfer..................................................................12 Section 10.2 Transfer of Economic Interest.............................................................................12 Section 10.3 Transfer of a Member's Interest and Admission of a Substitute Member..........13 Section 10.4 Right of First Refusal ..........................................................................................13 Section 10.5 Death, Dissolution, Bankruptcy, Incompetency or Withdrawal of a Member....14 Section 10.6 Determination of Fair Value................................................................................14 Section 10.7 Dispositions not in Compliance with this Article Void.......................................15 Section 10.8 Limitation Upon Withdrawal. .............................................................................15 ARTICLE 11 DISSOLUTION AND WINDING UP...................................................................16 Section 11.1 Dissolution Events...............................................................................................16 Section11.2 Winding Up.........................................................................................................16 Section 11.3 Election to Continue............................................................................................17 Section 11.4 Nonrecourse to Other Members ..........................................................................17 Section 11.5 Articles of Dissolution.........................................................................................18 ARTICLE 12 MISCELLANEOUS...............................................................................................18 Section12.1 Notices.................................................................................................................18 Section 12.2 Entire Agreement; Amendments.........................................................................18 ii i Section 12.3 Successors; Binding Effect............................................................. ...........RI CE11RED Section 12.4 Governing Law............................................................................... ..........�. • 1�2023 Section 12.5 Counterparts ................................................................................... ....................18 Section 12.6 Headings Zoning Board of Appeals Section 12.7 Equitable Relief...................................................................................................19 Section12.8 Waiver.................................................................................................................19 Section12.9 Severability..........................................................................................................19 Section 12.1 OWaiver of independent counsel...........................................................................19 Section 12.11Attorney's Fees....................................................................................................19 Section 12.12No Partnership Intended......................................................................................19 Section12.13 Terminology. .......................................................................................................19 iii RECEI D OPERATING AGREEMENT OCT 10 2023 OF Zoning Board of Appeals FERRY VIEW LLC OPERATING AGREEMENT OF FERRY VIEW LLC (the "Company"), a New York limited liability company, dated and effective as of November 171h, 2022 by and among the Company and the persons executing this Agreement as members of the Company (the "Members"), Emily R. Crisp, residing at 20 Riverview Road, Hobe Sound, FL 33455, as to a 97% interest, Wendy C. Henderson, residing at 37 Midwood Drive, Greenwich, CT 06831, as to a 1% interest, Ann C. von Stade, residing at 4 Harbor Bluff Lane, Rowayton, CT 06853, as to a 1% interest, and Tina C. Miller, residing at 221 Marvin Ridge Road,New Canaan, CT 06840, as to a 1% interest, (together, the "Initial Members"), are reflected in Schedule A to this Agreement). WITNESSETH: WHEREAS, in accordance with the Contract of Sale dated January 2023, the Initial Members purchased an interest in certain real property known as Reservoir Road, Fishers Island, NY 06390, identified as Suffolk County Tax Map number 1000-009.00-08.00-001.000 (the "Real Property'); WHEREAS, the Initial Members formed the Company for the purpose of taking title to and thereafter managing the Real Property; and WHEREAS, the Members wish to set forth their agreement as to how the business and affairs of the Company shall be managed and their rights and obligations with respect to the Company; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties hereby agree as follows: ARTICLE 1 ORGANIZATION Section 1.1 Formation. The Company was organized on November 17th, 2022, as a New York limited liability company in accordance with and pursuant to the LLC Law, as defined in Article 2. Section 1.2 Name. The name of the Company is FERRY VIEW LLC. The Company may do business under that name and, as permitted by applicable law, under any other name determined from time to time by the Manager. Section 1.3 Principal Office. The Company's principal place of business shall be located at Reservoir Road, Fishers Island,NY 06390 or such other place determined from time to time by the Manager. The Company's mailing address shall be 20 Riverview Road, Hobe 1 RECEIVED Sound, FL 33455. The Company may have such other business offices within or NithouDU 10 2023 State of New York as determined from time to time by the Manager. Zoning Board of Appeals Section 1.4 Business Purposes. While the Company may engage in an —lawful.--------- business permitted by the LLC Law or the laws of any jurisdiction in which the Company may do business, and while the Company shall have the authority to do all things necessary or convenient to accomplish its purpose and operate its business as described in this Section, the Company exists for the principal purpose of owning, operating, managing, maintaining, administering, leasing, mortgaging, pledging, selling and/or disposing of the Real Property, as well as to do all other acts which may be necessary or appropriate in connection with such objectives. Section 1.5 Term. The term of the Company shall be perpetual unless the Company is dissolved sooner pursuant to this Agreement or the LLC Law. ARTICLE 2 DEFINITIONS Section 2.1 Definitions. In this Agreement, the following terms shall have the meanings set forth below: "Agreement"shall mean this Operating Agreement of the Company together with any amendments that may be adopted from time to time. "Articles of Organization" shall mean the Articles of Organization of the Company filed with the New York Secretary of State on November 1711, 2022, as they may from time to time be amended. "Capital Account" as of any date shall mean the Capital Contribution to the Company by a Member, the profits and losses allocated to such Member and the distributions made to such Member, adjusted as of such date pursuant to this Agreement. "Capital Contribution" shall mean any contribution by a Member to the capital of the Company in cash. "Distribution" means any cash and other property paid or to be paid to a Member by the Company from the operations of the Company. "Fiscal Year"shall mean the fiscal year of the Company, which shall be the year ending December 31. "Interests" shall mean with respect to the Company the percentage interests of the Members set forth on Schedule A attached hereto, adjusted, if at all, pursuant to Section 6.2.2. "LLC Law" shall mean the New York Limited Liability Company Law. "Majority Vote"or a "Majority Vote of Members"refers to an action that must receive the affirmative vote of Interests representing at least a majority of the Interests held by Members entitled to vote. 2 RECEIVED "Manager" or "Managers" shall mean the person or persons charged with the OCT 10 2023 management of the Company as set forth in Article 4 of this Agreement. Zoni and of A eals "Member" shall mean each person or entity who or which executes a coun er ar�'� t`�lis PP Agreement as a Member, a Subscription Agreement by which such person agrees to become a Member and each person or entity who or which may hereafter become a party to this Agreement. "Net Losses" shall mean the losses of the Company, if any, determined in accordance with generally accepted accounting principles employed under the cash method of accounting. "Net Profits" or "Net Income" shall mean the income of the Company, if any, determined in accordance with generally accepted accounting principles employed under the cash method of accounting. "Person"shall mean any individual, corporation, governmental authority, limited liability company, partnership,trust, unincorporated association or other entity. "Selling Member"shall mean a Member desiring to sell, assign or otherwise transfer his, her or its Interest in the Company. "Substitute Member"shall mean a Person who has acquired an Interest from a Member and who has been admitted as a Member pursuant to this Agreement. "Super-Majority Vote"or a "Super-Majority Vote of Members"refers to an action that must receive the affirmative vote of Interests representing at least two-thirds of the Interests held by Members entitled to vote. "Tax Code"shall mean the Internal Revenue Code of 1986, as amended, or any superseding federal revenue statute. "Treasury Regulations"shall mean all regulations promulgated under the Tax Code as from time to time in effect. ARTICLE 3 MEMBERS Section 3.1 Names and Addresses. The names, addresses and Interests of the Members are as set forth in Schedule A to this Agreement. Section 3.2 Additional Members. If any Member wishes to have a new Member admitted, then such Member shall give notice of the proposed terms of such admission to the Members, and such proposed Member shall only be admitted (in accordance with such proposed terms) upon unanimous consent of the Members. The notice must set forth, among any other terms of such admission, the name and address of the proposed Member, the consideration to be given to the Company, the Interest to be given to the proposed Member and a statement as to how each Member's Interest will be affected. If approved, and before being admitted, such proposed Member must agree to become a party to and to be bound by this Agreement and must 3 RECEI D execute and deliver such documents as may be requested by the Company to evidenc such OCT 1 0 2023 agreements. Section 3.3 Meetings and Voting. zoning Board of Appeals 3.3.1. Annual and Special Meetings. Regular meetings of Members may be held at least annually and special meetings may be held at any time and from time to time as may be necessary or appropriate upon notice by the Manager. Members may participate in a meeting by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other. Such participation shall constitute presence in person at the meeting. 3.3.2. Notice/Waiver. Meetings of Members shall be held on at least ten (10) but no more than sixty (60) days written notice given by any Member. Any notice shall set forth the time and place of the meeting and shall state the name of the party(ies) authorizing the calling of the meeting. The notice need not state the purpose of the meeting. Notice may be waived, in writing, before, at or after any meeting. Attendance at any meeting without protesting the lack of notice thereof, prior to the end of such meeting, shall be deemed a waiver of notice. Notice may be given by any reasonable means, and mailing by certified mail, return receipt requested, to the last known address of a Member shall be deemed reasonable. 3.3.3. Voting. Each Member entitled to vote on a matter shall be entitled to a vote pro rata to his, her or its Interest in the Company. Each Member shall be entitled to vote on any matter submitted to a vote of Members except as restricted by the LLC Law, or restricted by the Articles of Organization or this Agreement in accordance with the LLC Law. A Member shall not be entitled to vote on any matter concerning a Transfer or Disposition(as defined in Section 10.1) of his, her or its Interest or the reconstitution of the Company where his, her or its action has caused the dissolution of the Company. Except as otherwise required by the LLC Law or provided in this Agreement, any matter to be voted on by Members that is not specified as requiring either a Majority Vote or a Super-Majority Vote shall require a Majority Vote. 3.3.4. Written Consent. Any action otherwise requiring a vote of Members may, instead, be approved by written consent without a meeting or at a meeting, but without a vote, if such written consent shall be signed by Members who hold Interests entitled to vote on such action having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting at which all of the Members entitled to vote therein were present and voted. Any such written consent shall be delivered to the office of the Company or any Member having custody of the Company's records by hand or by certified mail, return receipt requested. Prompt notice of the taking of an action by less than unanimous written consent shall be given to those Members who have not consented in writing but who would have been entitled to vote thereon had such action been taken at a meeting. 3.3.5. Proxies. (a) Any Member may participate in any vote of Members or written consent of Members in person or by proxy executed in writing by the Member or such Member's duly authorized attorney-in-fact. 4 (b) Every proxy must be signed by the [eb x r attorney-in-fact. No proxy shall be valid after the expiration of eleven mom � atthereof unless otherwise provided in the proxy. Every proxy shall be rev �pl®a2yga9 of the Member executing it, except as otherwise provided in this Section. (c) The authority of the holder of a pro %RO,d °ttbAgpeals revoked by the incompetence or death of the Member who executed the proxy unless, before the authority is exercised, written notice of an adjudication of such incompetence or of such death is received by the holder of the proxy in question or by any other Member. Section 3.4 Conflicts of Interest. 3.4.1. No Restrictions on Outside Activities. Any Member shall be entitled to enter into transactions that may be considered to be competitive with, or a business opportunity that may be beneficial to, the Company. It is expressly understood that some of the Members may enter into transactions that are similar to the transactions into which the Company may enter. Notwithstanding the foregoing, each Member shall account to the Company and hold as trustee for it any property, profit or benefit derived by such Member without the consent of the other Members arising from any third party's use or occupancy the Real Property, or in the conduct of, or winding up of, the Company's business, including information developed exclusively for the Company and opportunities expressly offered to the Company. 3.4.2. Interested Transactions. A Member may lend money to and transact other business with the Company with the approval of the Manager. The rights and obligations of a Member who lends money to or transacts business with the Company are the same as those of a person who is not a Member, subject to other applicable law. No contract or other transaction with the Company shall be either void or voidable solely because a Member has a direct or indirect interest in the transaction if(1)the material facts of the transaction and the interested Member's interest therein is disclosed to the other Members (hereinafter referred to as "Full Disclosure") and (2) either(a) the transaction is fair and reasonable to the Company at the time approved by the Manager after Full Disclosure, or(b) the disinterested Members (by Majority Vote of the disinterested Members), authorize, approve or ratify the transaction after Full Disclosure. Section 3.5 Indemnification of Members. The Company shall indemnify and hold harmless, and advance expenses to, any Member or former Member, or any testator or intestate of such Member or former Member, from and against any and all claims and demands arising out of or relating to the Company and/or such Member's status and service as a Member, provided, however, that no indemnification may be made to or on behalf of any Member or other person if a judgment or other final adjudication adverse to such Member or other person establishes (a) that his, her or its acts were committed in bad faith or were the result of active and deliberate dishonesty and were material to the cause of action so adjudicated, or (b) that he, she or it personally gained in fact a financial profit or other advantage to which he, she or it was not legally entitled. To the extent required by law, any expenses advanced to a Member pursuant to the prior sentence shall be repaid to the Company in the event a final adjudication establishes that such Member was not entitled to indemnification pursuant to either clause (a) or(b) of the prior sentence. The Company may, as determined by the Manager, maintain liability insurance 5 for its Members. No may change to this Section 3.5 be given retroactive effect to take awayany�V Y right to indemnification with respect to actions taken prior to such change. RECEIVED ARTICLE 4 OCT 1 0 2023 MANAGEMENT Section 4.1 Management by Manager. Zoning Board of Appeals 4.1.1. Management of the Company shall be vested in EMILY R. CRISP, Manager, who shall manage the Company in accordance with the LLC Law. Except where the Members' approval is expressly required by this Agreement or by the LLC Law, the Manager shall have full authority,power and discretion to make all decisions with respect to the Company's business and to perform such other services and activities as set forth in this Agreement. The Manager shall each be an agent of the Company for its business purposes and the Manager may bind the Company in the ordinary course. 4.1.2. Except as otherwise expressly provided in this Agreement or the LLC Law, the Members shall have no right to control or manage, nor shall they take any part in the control or management of, the property, business or affairs of the Company, but they may exercise the rights and powers of Members under this Agreement, including, but not limited to, the right to approve certain matters as provided in this Agreement. Section 4.2 Number; Tenure. The Company shall have one (1) Manager who shall be elected by the Members. A Manager shall serve until she/he is unable or unwilling to act as manager due to death, disability or retirement, in which case the members can vote to elect a successor manager. Section 4.3 Restrictions on Management; Actions Requiring_Super-MajorityApproval of Members. Notwithstanding any provision of this Agreement to the contrary, the Manager has no authority to take any of the following actions without the Super-Majority Vote of Members: 4.3.1. Borrowing. The borrowing of money, whether or not secured by an interest in the Real Property. 4.3.2. Sale, Lease, etc. of Real Property. The sale, lease, exchange, partition, mortgage, pledge or other transfer, encumbrance or division of the Real Property or of all or substantially all of the assets of the Company. 4.3.3. Granting a Guaranty or Security Interest. The guaranty of any obligation or liability of any Person or the mortgaging,pledging or collaterally assigning of any of the Company's assets including, without limitation, the granting of a security interest in any assets of the Company as collateral for any loan. 4.3.4. Merger or Consolidation. The merger or consolidation of the Company with or into another domestic or foreign limited liability company or other business entity. 4.3.5. Amending the Articles of Organization. Amending the Company's 6 _o Lan VED Articles of Organization filed with the New York State Secretary of State. ® 2023 Section 4.4 Liability for Certain Acts. The Manager shall performgood faith and with that degree of care that an ordinarily prudent person in a like pMOgppzals under similar circumstances. A Manager who so performs the Manager's dut any liability by reason of being or having been a Manager. A Manager shall not be liable to the Company or to any Member for any loss or damage unless it shall have been the result of fraud, gross negligence, willful misconduct, bad faith or a wrongful taking by the Manager. Section 4.5 No Exclusive Duty;Non-Competition. The Manager may have other business interests and may engage in other activities in addition to those relating to the Company. Neither the Company nor any Member shall have any right, by virtue of this Agreement,to share or participate in such other investments or activities of the Manager or in any income or revenues derived from such investments or activities. The Manager shall be entitled to enter into transactions that may be considered to be competitive with, or a business opportunity that may be beneficial to,the Company. It is expressly understood that the Manager may enter into transactions that are similar to the transactions into which the Company may enter. Section 4.6 Execution of Documents. 4.6.1. Except as otherwise determined by the Manager or as set forth in this Agreement or in the LLC Law, any document or instrument may be executed and delivered on behalf of the Company by the Manager, including, but not limited to, any deed, mortgage, note or other evidence of indebtedness, lease, security agreement, financing statement, contract of sale or other instrument purporting to convey or encumber, in whole or in part, any or all of the assets of the Company at any time held in its name, or any compromise or settlement with respect to accounts receivable or claims of the Company; and, subject to the authorization requirements set forth in this Agreement or in the LLC Law, no other signature shall be required for any such instrument to bind the Company. 4.6.2. Any third Person dealing with the Company, its Manager or Members may rely upon a certificate signed by the Manager as to: (a) The identity of the Members or Manager; (b) Acts by the Members or Manager; (c) Any act or failure to act by the Company; or (d) Any other matter involving the Company or any Member. Section 4.7 Resignation or Removal. A Manager may resign at any time by giving notice to the Members, effective upon receipt of the notice or at such later time specified in the notice. Unless otherwise specified in the notice, acceptance of a resignation shall not be necessary to make it effective. The resignation of a Member-Manager shall not affect its rights as a Member. 7 Section 4.8 Vacancies. Except as otherwise provided in this AgreeFreaso occurring for any reason of a Manager, whether resulting from the death, resi RECOVW or otherwise, may only be filled by a Majority Vote of Members. 0 2023 Section 4.9 Compensation and Expenses. No Manager shall receivn for his or her services as such. Any Manager shall, however, be entitled to be reial Appeals out of pocket expenses reasonably incurred on behalf of the Company,provid documentation of such expenses are furnished to the Company. ARTICLE 5 CONTRIBUTIONS AND CAPITAL ACCOUNTS Section 5.1 Initial Contributions. Each Member has made an initial capital contribution to the Company as set forth on Schedule A. No Member shall have the right to withdraw or be repaid any Capital Contribution except as provided in this Agreement. Section 5.2 No Additional Contributions. The Members are not intended to have personal liability for the obligations of the Company above their actual capital commitments and no contributions, other than the initial contributions, shall be required. However, additional capital contributions may be made by the Members in accordance with Section 6.2. Except as required by law, no Member shall be obligated to restore any deficit in his, her or its Capital Account(as defined in Subsection 5.3.1). Section 5.3 Capital Accounts. 5.3.1. Definition. The Company shall establish and maintain a capital account (a"Capital Account") for each Member reflecting the Capital Contributions made by such Member, the profits and losses allocated to such Member and the distributions made to such Member. 5.3.2. Allocations for Accounting Purposes. Except as otherwise provided in this Agreement, for book accounting purposes,Net Profits,Net Losses and Distributions shall be allocated between the Members in accordance with their Interests in the Company, determined pursuant to Article 6. 5.3.3. Tax Allocations. Each Member's Capital Account shall be maintained throughout the term of the Company in accordance with the rules of Section 1.704- 1(b)(2)(iv) of the Treasury Regulations as in effect from time to time, and as amended or replaced, and, to the extent not inconsistent therewith, to which the following provisions apply: (a) To each Member's Capital Account there shall be credited (i) the amount of money contributed by such Member to the Company (including liabilities of the Company assumed by such Member as provided in Section 1.704-1(b)(2)(iv)(c) of the Treasury Regulations); (ii) the fair market value of any property contributed to the Company or such Member (net of liabilities secured by such contributed property that the Company is considered to assume or take subject to under Section 752 of the Tax Code); and (iii) such Member's share of Net Profits and items of income and gain that are specially allocated. 8 (b) To each Member's Capital Account t[2)(iv)( gWEPted (i) the amount of money distributed to such Member by the Company (inc ,il�i�s92 3 such Member assumed by the Company as provided in Section 1.704-1(b) f hTreasury Regulations) other than amountswhich are in repayment of debtns of theCompany to such Member; (ii)the fair market value of property distributeV4�I131�e�alsof liabilities secured by such distributed property that such Member is cono assume or take subject to under Section 752 of the Tax Code); and (iii) such Member's share of Net Losses or items of loss or deduction that are specifically allocated. (c) The Capital Account of a transferee Member or Substitute Member shall include the appropriate portion of the Capital Account of the Member from whom the transferee Member's or Substitute Member's interest was obtained. (d) In determining the amount of any liability, there shall be taken into account Section 752(c) of the Tax Code and any other applicable provisions of the Tax Code and Treasury Regulations. The foregoing provisions and the other provisions of this Agreement relating to the maintenance of Capital Accounts are intended to comply with Section 1.704-1(b) of the Treasury Regulations, and shall be interpreted and applied in a manner consistent with such Treasury Regulations. In the event the Members shall determine that it is prudent to modify the manner in which the Capital Accounts, or any debits or credits thereto (including, without limitation, debits or credits relating to liabilities that are secured by contributed or distributed property or that are assumed by the Company or any Member) are computed in order to comply with such Treasury Regulations, the Members may make such modification, provided that it is not likely to have a material effect on the amounts distributable to any Member pursuant to Article 11 hereof upon the dissolution of the Company. The Members also shall (i) make any adjustments that are necessary or appropriate to maintain equality between the Capital Accounts of the Members and the amount of Company capital reflected on the Company's balance sheet, as computed for book purposes, in accordance with Section 1.704-1(b)(2)(iv)(g) of the Treasury Regulations and (ii) make any appropriate modifications in the event unanticipated events might otherwise cause this Agreement not to comply with Section 1.704-1(b) of the Treasury Regulations. Section 5.4 No Interest. No Member shall be entitled to earn interest on the balance of such Member's Capital Account or on any Net Profits retained by the Company, but Members may earn interest on actual loans and advances made to the Company as such, as described in Subsection 3.4.2. Section 5.5 Loans to the Company. Members may make loans to the Company from time to time, as authorized by the Manager pursuant to Subsection 3.4.2. Any payment or transfer accepted by the Manager from a Member which is not a Capital Contribution that is authorized and approved by the Members shall be deemed a loan and shall neither be treated as a Capital Contribution, nor entitle such Member to any increase in such Member's percentage Interest in the Company. Any such loan shall be repaid at such times and with such interest (at rates not to exceed the maximum permitted by law) as the Manager and the lending Member shall reasonably agree. 9 ARTICLE 6 RECEIVED PERCENTAGE INTERESTS OCT 1 0 2023 Section 6.1 Initial Contributions. The initial contributions and per entage interests (the "Interests") of the Members are as shown on Schedule A. Zoning Board of Appeals Section 6.2 Adjustments for Additional Contributions. 6.2.1. Additional Capital Contributions. Should the Company require capital contributions in excess of the initial contributions, the Members, by Super-Majority Vote, may make a contribution request by giving written notice (a"Contribution Request") to the Members of the amount of capital sought (the "Requested Amount"). The then present Members shall have the first option to make such contribution pro rata to their then Interests. If any Member does not contribute his, her or its full pro rata share, then the contributing Members shall have the next option to contribute up to the remainder of the Requested Amount, each Member contributing towards such remainder pro rata to the Interests of such contributing Members or in such other percentages as such contributing Members may agree among themselves. If the combined contributions of all Members do not equal the Requested Amount, then the Company may (1) reject the offered contributions of all proposed contributors, or(2) accept such contributions, and, in either event, seek other sources of financing for the entire or the remainder of the Requested Amount. The two options to Members described in this Subsection 6.2.1 shall each be open for a successive thirty (30) day period,the first of which will commence with the giving of the Contribution Request. A Member may only accept an option by tendering a contribution during the applicable option period. 6.2.2. Percentage Interest Adjustments. To the extent that any Member contributes a portion of a Requested Amount in excess of his, her or its pro rata portion of such Requested Amount (determined in relation to the Interests of all Members; his, her or its "Excess Contribution"), such Member's Interest shall be increased (such increase to be offset by a pro rata decrease of the Interest of each Member who contributed less than his, her or its pro rata share of the Requested Amount) in accordance with the following formula: the Interest of each contributing Member shall be increased by an amount equal to a fraction,the numerator of which is equal to the portion of the Excess Contribution contributed by such contributing Member and the denominator of which is equal to the total sum of the aggregate amount of the Capital Contributions made by all Members through and including the date such contributing Member contributed such portion of the Excess Contribution. The Interest of a non-contributing Member shall be reduced by the sum of all percentages by which the contributing Members' Interest was increased pursuant to the preceding sentence. ARTICLE 7 DISTRIBUTIONS Section 7.1 Priori1y. The net cash of the Company, after providing for such reasonable reserve as the Manager shall decide, shall be distributed after approval by the Members, and such amounts when distributed shall be distributed in the following order or priority: 7.1.1. To Members who have made interest bearing loans to the 10 Fshall CEIVED Company in payment of accrued interest. To the extent that the total distribuTsbe4tZ@23 such interest is less than the aggregate amount of such interest, such distribute pro rated in accordance with the interest accrued as to each Member. zoning Board of Appeals 7.1.2. To Members who have made loans to the Company in repayment of such loans. To the extent that the total distribution with respect to such loans is less than the aggregate principal of such loans, such distribution shall be pro rated in accordance with the principal due to each Member. 7.1.3. To Members pro rata in accordance with their Interests. Section 7.2 Tax Distributions. To the extent that distributions pursuant to Subsection 7.1.3 for the current tax year have been insufficient, and provided that the Company has adequate cash available (in excess of the reasonable reserve determined pursuant to Section 7.1), the Company shall, before April 15, June 15, September 15 and January 15 of each year (or such other dates by which installment tax contributions may be due), make a distribution in cash in the amount necessary to allow the Members to pay the estimated or actual taxes due on each such date attributable to the income of the Company to be allocated to the Members. ARTICLE 8 RECORDS OF THE COMPANY Section 8.1 Maintenance. The Company shall maintain a record book at such place as the Manager shall determine which shall contain copies of the Articles of Organization, the Operating Agreement, all minutes of meetings or written consents of the Manager and the Members, as well as evidence of the proper calling of any meeting of Members or evidence of the waiver of such notice (attendance at a meeting without protesting the lack of notice being deemed a waiver of notice), and a list of all Members and the Interest of each Member, and any tax returns of the Company for the immediately preceding six Fiscal Years. Section 8.2 Inspection. Any Member or his, her or its designated agent may review and copy any of such records during regular business hours at the place where such records are maintained upon two business days prior written notice. ARTICLE 9 TAXES Section 9.1 Tax Returns. The Manager shall cause to be prepared and filed all necessary federal and state income tax returns for the Company. Each Member shall furnish to the Company all pertinent information in his, her or its possession relating to Company operations that is necessary to enable the Company's income tax returns to be prepared and filed. Section 9.2 Tax Matters Partner. The Manager shall act as tax matters partner (the "Tax Matters Partner") of the Company pursuant to Section 6231(a)(7) of the Tax Code. Any Member-Manager designated as Tax Matters Partner shall take such action as may be necessary to cause each Member to become a Notice Partner within the meaning of Section 6223 of the Tax Code. 11 i Section 9.3 Elections. The Tax Matters Partner may make any tax lection�tEri VED Company allowed under the Tax Code or the tax laws of any state or other jurisdiction hav'n Taxing Jurisdiction over the Company. The term "Taxing Jurisdiction" shall ean ar s ap 2023 local or foreign government that collects tax, interest or penalties, however de ignated, on any Member's share of the income or gain attributable to the Company. Zoning Board of Appeals ARTICLE 10 TRANSFER OF MEMBERSHIP /WITHDRAWAL Section 10.1 General Restriction Against Transfer. A Member's Interest in the Company may be sold, assigned, transferred or otherwise conveyed (each a"Transfer"), or pledged, hypothecated or otherwise encumbered (each a"Disposition") only as permitted by this Article 10 or Article 11. Except as provided in this Article 10 or in Article 11, no Member may effect a Transfer or Disposition of his, her or its Interest in the Company during his, her or its lifetime. Section 10.2 Transfer of Economic Interest. The right to receive allocations of Net Profits and Net Losses and to receive Distributions may not be Transferred in whole or in part unless the following terms and conditions have been satisfied: 10.2.1. The transferor Member shall have: (a) assumed all costs incurred by the Company in connection with the Transfer; (b) furnished the Company with a written opinion of counsel, satisfactory in form and substance to counsel for the Company, that such Transfer complies with applicable federal and state securities laws and this Agreement and that such Transfer, for federal income tax purposes, will not cause the termination of the Company under Section 708(b) of the Tax Code, cause the Company to be treated as an association taxable as a corporation for income tax purposes or otherwise adversely affect the Company or the Members; and (c) complied with such other conditions as the other Members may reasonably require from time to time. 10.2.2. Transfers will be recognized by the Company as effective only upon the close of business on the last day of the calendar month following satisfaction of the above conditions. 10.2.3. A transferee of a Member's Interest who is not a Substitute Member shall be entitled only to receive that share of Net Profits,Net Losses and Distributions, and the return of Capital Contribution, to which the transferor would otherwise be entitled with respect to the Interest transferred, and shall not have the rights of a Member of the Company under the LLC Law or this Agreement, including without limitation the right to obtain any information on account of the Company's transactions, to inspect the Company's books or to vote with the Members on, or to grant or withhold consents or approvals of, any matter. The Company shall, however, if a transferee and transferor jointly advise the Company in writing of a transfer of the transferor Member's Interest, furnish the transferee with pertinent tax 12 11 TA RECEIVED information at the end of each Fiscal Year. OCT 0 2023 Section 10.3 Transfer of a Member's Interest and Admission of a Subs itute Member. Except for a Member's right to receive allocations of Net Profits and Net Losses a�$WH U Ce of Appeals Distributions, the Transfer of which is governed by Section 10.2 above, the Interest of any Member in the Company, which includes all other rights given a Member including the right to participate in meetings and to vote as provided in Article 3 of this Agreement, may not be Transferred in whole or in part, and a transferee shall not have a right to become a Member unless the following terms and conditions have been satisfied: 10.3.1. The Selling Member has offered his, her or its Interest in the Company to the other Members in accordance with Section 10.4 below; 10.3.2. All of the Members shall have consented in writing to the transfer and substitution; 10.3.3. The transferee shall have assumed the obligations, if any, of the Selling Member to the Company; and 10.3.4. The Selling Member and the transferee shall have complied with such other requirements as the non-transferring Members may reasonably impose, including the conditions that the transferee: (a) adopt and approve in writing all the terms and provisions of the Agreement then in effect; and (b) pay such fees as may be reasonable to pay the costs of the Company in effecting such substitution. Section 10.4 Right of First Refusal. If a Selling Member wishes to Transfer his, her or its Interest in the Company voluntarily, the Selling Member shall first offer in writing to sell his, her or its Interest to the other Members. If one or more of the other Members wishes to purchase the Selling Member's Interest (each a"Purchasing Member"), then each Purchasing Member shall notify the Selling Member of his, her or its decision in writing within thirty (30) days after receipt of the Selling Member's offer and the Selling Member and Purchasing Member(s) shall mutually agree on the price to be paid for the Selling Member's Interest. If there is more than one Purchasing Member who timely notify the Selling Member of his, her or its decision to purchase, then those Members shall purchase the Selling Member's Interest pro rata to the Interests of such Purchasing Members or in such other percentages as such Purchasing Members may agree among themselves. If the Selling Member and the Purchasing Member(s) cannot agree upon the price to be paid within thirty (30) days after the last of the Purchasing Members notifies the Selling Member of his, her or its decision to purchase (the "Agreement Deadline"), then the fair value of the Selling Member's Interest shall be determined in accordance with Section 10.6 below and that determination shall establish the price to be paid for the Selling Member's Interest. If a purchase price is mutually agreed upon-prior to the Agreement Deadline, the Purchasing Member(s) shall have one hundred twenty (120) days thereafter to make payment to the Selling Member. 13 RECEIVED Section 10.5 Death Dissolution Bankruptcy, Incompetency or With rawal of a Member. Provided that the remaining Members consent to the continuation o the CZja1Ai2023 accordance with Section 11.3, upon the death, dissolution, bankruptcy, adjudicated incompetency or withdrawal of a Member or occurrence of any other event tht i Jfrltf Appeals continued membership of a Member(any such event being a"Termination Ey", Y-oher--- remaining Members may elect to purchase the Interest of the deceased, dissolved, bankrupt, incapacitated or withdrawn Member(a deemed "Selling Member") by paying to the Selling Member(or such Member's legal Successor (as defined in Section 12.3)) the fair value of its Interest in the Company as of the date of the Termination Event. Upon the Termination Event and once the remaining Members' consent to continue the Company in accordance with Section 11.3, if one or more of the remaining Members wishes to purchase the Selling Member's Interest (each a"Purchasing Member'), then each Purchasing Member shall notify the Selling Member or his, her or its legal Successor of the Purchasing Member's decision in writing, and the Selling Member or his, her or its legal Successor and the Purchasing Member(s) shall mutually agree on the price to be paid for the Selling Member's Interest. If there is more than one Purchasing Member, any notice given by a Purchasing Member that is given more than thirty (30) days after the date that the first such notice is deemed given by a Purchasing Member, shall be considered untimely and of no force or effect. If, within thirty (30) days after the last of the Purchasing Members timely notifies all other remaining Members and the Selling Member or his, her or its legal Successor(the "Agreement Deadline"), the parties have not reached agreement upon the price to be paid for the Selling Member's Interest, then the fair value of the Selling Member's Interest shall be determined in accordance with Section 10.6 below and that determination shall establish the price to be paid for the Selling Member's Interest. If a purchase price is mutually agreed upon prior to the Agreement Deadline, the Purchasing Member(s) shall have one hundred twenty (120) days thereafter to make payment to the Selling Member or his, her or its legal Successor, as the case may be. Section 10.6 Determination of Fair Value. If the parties under Sections 10.4 and 10.5 cannot reach an agreement on the fair value of the Selling Member's Interest by the Agreement Deadline, the fair value of the Selling Member's Interest shall be determined as follows: 10.6.1. The fair market value of the Real Property shall be determined by appraisal (the "Appraised Value"). The Selling Member or his, her or its legal Successor, on the one hand, and the Purchasing Members collectively, on the other hand, shall (i) each select and retain a duly licensed real estate appraiser to provide a fair market value appraisal of the Real Property within 30 days of their retention, and(ii) notify each other in writing of the name of the appraiser retained for that purpose. Failure to so notify within thirty (30) days of the Agreement Deadline (the "Appraiser Selection Deadline"), shall be deemed a waiver of the delinquent party's right to select and retain an appraiser; and, provided the other party did select and retain an appraiser and provide timely notice of such selection by the Appraiser Selection Deadline, that appraiser's appraisal shall be final and binding upon all parties. In the event there are two timely selected and noticed appraisers, if the fair market values of the two appraisals are within ten(10%)percent of each other, the Appraised Value shall be the average of the two appraisals, which shall be final and binding upon all parties. If the difference exceeds ten(10%) percent, then a third appraiser shall be selected by the two appraisers and the Appraised Value shall be the average of the three appraisals, which shall be final and binding upon all parties. As used herein, "final and binding" shall mean that the parties agree to be bound by the Appraised Value 14 so determined and that it shall not be arbitrable or the subject of judicialLt77 the appraisers shall be borne by the party hiring the appraiser and, in the eveiser is required, the cost of the third appraiser shall be shared equally by the SelohZ �Jeror its legal Successor, on the one hand, and the Purchasing Members cole otherhand. eaisd of App10.6.2. Once the Appraised Value is determined innce with Subsection 10.6.1 above, that Appraised Value must be adjusted downward dollar for dollar for any outstanding mortgages, lines of credit, and other liens and liabilities that encumber the Real Property (such adjusted value being the "Net Value"). 10.6.3. The fair value of the Selling Member's Interest (and thus the price to be paid for the Selling Member's Interest) shall be the total of(i)the Selling Member's pro rata share of the Net Value in accordance with the Selling Member's percentage Interest, l�us (ii) any sums owing from the Company to the Selling Member according to the Company's books and records (e.g. an outstanding loan from the Selling Member to the Company), minus (iii) any sums owing from the Selling Member to the Company according to the Company's books and records. 10.6.4. A closing of the sale of the Selling Member's Interest shall be had within one hundred twenty (120) days after the Appraised Value is determined in accordance with Subsection 10.6.1 above. Section 10.7 Dispositions not in Compliance with this Article Void. Any Transfer or Disposition of a Member's Interest, or any part thereof, in contravention of this Article 10 and any Transfer which if made would cause a termination of the Company for federal income tax purposes under Section 708(b) of the Tax Code shall be void ab initio and ineffectual and shall not bind the Company or other Members. Section 10.8 Limitation Upon Withdrawal. 10.8.1. A Member may withdraw as a Member of the Company only as provided in this Section 10.8. Any other withdrawal by a Member shall be considered a violation of this Agreement, and the withdrawing Member shall be liable to the Company for damages for such breach. 10.8.2. Except as provided in Subsection 10.8.3 below, no Member may dissolve or otherwise voluntarily withdraw from the Company unless: (a)the dissolution or withdrawal has been approved in writing by all of the other Members; or(b) the Member has, together with a notice of intent to withdraw, given to and received by each non-withdrawing Member 120 days in advance, specifying his, her or its agreement to accept as full payment for his, her or its Interest in the Company, payment as provided in Subsection 10.5. Unless the Members (other than the withdrawing Member) unanimously agree to continue the business of the Company in accordance with Section 11.3, notice of which is to be made within 120 days of the issuance by the withdrawing Member of his, her or its notice of intent to withdraw, the Member shall be permitted to withdraw and the Company shall be dissolved. 10.8.3. Upon any withdrawal other than one effected in accordance with 15 Section 10.8.2, the withdrawing Member's Interest will be terminated and such Member shall receive, in exchange therefor, in the sole discretion of the Manager, either (i)�a rightftq1LcFayn distributions from the Company as if such withdrawing Member were an ass[gnee of his, her or its own Interest, or (ii) a one time in-kind distribution from the Company eq al to hiacQ a 2023 Interest in the assets of the Company, including, without limitation, the Real Property, as to which the withdrawing Member will receive an interest as tenant-in-commo 'Y' A4q, PRS peals 10.8.4. The payments and distributions described in this Section 10.8 are the only payments or distributions to which a withdrawing Member is entitled with respect to such withdrawal, and no withdrawing Member shall be entitled to seek other payment. ARTICLE 11 DISSOLUTION AND WINDING UP Section 1 1.1 Dissolution Events. The Company shall be dissolved and, except as otherwise provided in this Article 11, its affairs shall be wound up upon the first to occur of the following events: 11.1.1. Expiration of Term. Upon the expiration of the term set forth in the Company's Articles of Organization, if any, including any extension thereof. 11.1.2. Consent. Upon the Majority Vote of the Members given in writing or by such a vote at a meeting. 11.1.3. Death, etc. Upon the bankruptcy, death, dissolution, adjudicated incompetency or withdrawal of a Member or occurrence of any other event that terminates the continued membership of a Member (any such event being a Termination Event) unless the remaining Members consent to the continuation of the business of the Company in accordance with this Article 11. 11.1.4. Judicial Dissolution. The entry of a decree of judicial dissolution under Section 702 of the LLC Law. 11.1.5. One Member. At such time as there is only one Member remaining as a Member of the Company, unless such Member consents to the continuation of the Company. Section 11.2 Winding Up. Upon the dissolution of the Company the Manager may, in the name of and for and on behalf of the Company, prosecute and defend suits, whether civil, criminal or administrative, sell and close the Company's business, sell, dispose of and convey the Company's property and Real Property, discharge the Company's liabilities and distribute to the Members any remaining assets of the Company, all without affecting the liability of Members. Upon the winding up of the Company, the assets of the Company shall be distributed as follows: 11.2.1. Creditors. To creditors, including Members who are creditors, to the extent permitted by law, in satisfaction of liabilities of the Company other than for distributions to Members under Section 506 of the LLC Law. 16 11.2.2. Members. Unless otherwise provided in the LL Law E t�gIVED Articles of Organization, to Members and former Members in satisfaction of 1 abilitie r distributions under Section 506 of the LLC Law. 1 0 2023 11.2.3. Distributions. Unless otherwise provided in the geLngj 'ffif Appeals Articles of Organization, to Members (1) first, in payment of their aggregate apffa1-7V—ceounf§" _ and (2) second, in respect of their Interests in the Company, in proportion to their Interests. To the extent funds are available to pay some, but not all, amounts due within any one of the foregoing distribution categories, the funds available shall be allocated pro rata to the payment of all amounts due for such category. Section 11.3 Election to Continue. In accordance with Subsection 11.1.3, the remaining Members may only consent to the continuation of the Company by majority vote of such remaining Members at a meeting held or by majority vote indicated of such remaining Members in a written consent given within 180 days after the Terminating Event. In the event of such continuation, the Interest of the Member who has suffered a Terminating Event (the "Terminated Member") must be addressed in one of the following manners: 11.3.1. Consent to Transfer. By the remaining Members consenting to the Transfer of the Interest of the Terminated Member by majority vote of the remaining Members and otherwise in accordance with Subsection 10.3. 11.3.2. Agreed Value. By the Manager and the Terminated Member(or such Member's legal Successor(as defined in Section 12.3)) agreeing upon an amount to be paid by the Company for the membership Interest of the Terminated Member as well as the method of payment of such amount, which shall provide for payment in installments over not less than 10 years, unless a shorter period is approved by the Manager (or, if the Terminated Member is a Manager, then by unanimous approval of the Members exclusive of the Terminated Member). Alternatively, the Company may distribute to the Terminated Member or his, her or its Successor, in satisfaction of such Member's Interest, a one time in-kind distribution equal to such Member's Interest in the assets of the Company, including, without limitation,the Real Property, as to which the Terminated Member or his, her or its Successor will receive an interest as tenant- in-common with the Company. 11.3.3. Member Purchase. By one or more of the remaining Members purchasing the Terminated Member's Interest in accordance with Section 10.5. 11.3.4. Assignment. In the absence of(1) an approved Transfer pursuant to Subsection 11.3.1, or (2)(i) an agreement as to value and payment or(ii) an in-kind distribution pursuant to Subsection 11.3.2, or (3) a purchase by a remaining Member pursuant to Subsection 11.3.3, and to the extent not prohibited by the LLC Law, by treating the Terminated Member's Interest as assigned (in accordance with Section 603 of the LLC Law) to such Member's legal Successor. Section 11.4 Nonrecourse to Other Members. Except as provided by applicable law or as expressly provided in this Agreement, upon dissolution, each Member shall receive a return of his, her or its Capital Contribution solely from the assets of the Company. If the assets of the Company remaining after the payment or discharge of the debts and liabilities of the Company is 17 RECEIVED insufficient to return any Capital Contribution of any Member, such Member shallLavn no CT 1 0 2023 recourse against any other Member. Loa d of Appeals Section 11.5 Articles of Dissolution. Within ninety days following the dandthe commencement of winding up of the Company, or at any other time there are bers, articles of dissolution shall be filed with the Secretary of State of the State of New York purs nt to the LLC Law. ARTICLE 12 MISCELLANEOUS Section 12.1 Notices. Any notice, demand or other communication required or permitted to be given pursuant to this Agreement shall have been sufficiently given for all purposes if(a) delivered personally to the parry or to an executive officer of the party to whom such notice, demand or other communication is directed or (b) sent by certified mail, postage prepaid, addressed to the Member or the Company at his, her or its address set forth on Schedule A to this Agreement or at such other address designated by a Member by notice given to the Company and other Members in accordance with this Section. Except as otherwise provided in this Agreement, any such notice shall be deemed to be given on the date personal delivery is accomplished or, if mailed, three business days after the date on which it was deposited in a regularly maintained receptacle for the deposit of United States mail, addressed and sent as set forth in this Section. Section 12.2 Entire Agreement; Amendments. This Agreement contains the entire agreement among the Members with respect to the subject matter of this Agreement, and supersedes each course of conduct previously pursued or acquiesced in, and each oral agreement and representation previously made, by the Members with respect thereto, whether or not relied or acted upon. No course of performance or other conduct subsequently pursued or acquiesced in, and no oral agreement or representation subsequently made, by the Members, whether or not relied or acted upon, and no usage of trade, whether or not relied or acted upon, shall amend this Agreement or impair or otherwise affect any Member's obligations pursuant to this Agreement or any rights and remedies of a Member pursuant to this Agreement. No amendment to this Agreement shall be effective unless made in a writing duly executed by all Members and specifically referring to each provision of this Agreement being amended. Section 12.3 Successors; BindingEffect.ffect. This Agreement shall be binding upon and inure to the benefit of the respective parties, their successors, assigns, heirs, legatees, executors, administrators and legal representatives ("Successors") and any Successor shall be deemed a party to this Agreement upon such Successor's receipt of any Interest in this Agreement. Section 12.4 Governing Law. This Agreement shall be governed by, and interpreted and construed in accordance with, the laws of the State of New York, without regard to principles of conflict of laws. Section 12.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall be deemed to be one and the same instrument. This Agreement shall become effective when one or 18 more counterparts have been signed by each of the parties and delivered to each of the gth�rEIVED parties. OCT 10 2023 Section 12.6 Headings. The headings in this Agreement are for cone fence only and shall not be used to interpret or construe any.provision of this Agreement. Zoning Board of Appeals Section 12.7 Equitable Relief. The parties agree that there will not be an adequate remedy at law for the breach of this Agreement and the covenants contained in this Agreement and agree that this Agreement may be enforced by injunction, specific performance or other equitable relief. Section 12.8 Waiver. No failure of a Member to exercise, and no delay by a Member in exercising, any right or remedy under this Agreement shall constitute a waiver of such right or remedy. No waiver by a Member of any such right or remedy under this Agreement shall be effective unless made in a writing duly executed by all Members and specifically referring to each such right or remedy being waived. Section 12.9 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of this Agreement shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law or, if for any reason it is not deemed so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder thereof or any other such provision being prohibited or invalid. Section 12.10 Waiver of independent counsel. Each Member and party to this Agreement acknowledges that he, she or it expressly waived the opportunity to employ separate and independent counsel of the Member's own choosing in connection with this Agreement. Each Member understands and agrees that (i)this Agreement was prepared by Finnegan Law, P.C., the attorneys for the Company, and (ii)that all terms and provisions of this Agreement shall be fully enforceable, notwithstanding a Member's decision not to employ separate and independent counsel. Section 12.11 Attorney's Fees. In the event that any controversy arises under this Agreement which results in litigation or arbitration, the Members agree that the non-prevailing party shall reimburse the prevailing party for all costs of such litigation, including, but not limited to, reasonable attorney's fees. Section 12.12 No Partnership Intended. The Members have formed the Company under the LLC Law, and expressly do not intend hereby to form a partnership, either general or limited, under the New York Partnership Law. The Members do not intend to be partners one to another, or partners as to any third party. To the extent any Member, by word or action, represents to another person that any Member is a partner or that the Company is a partnership, the Member making such wrongful representation shall be liable to any other Members who incur personal liability by reason of such wrongful representation. Section 12.13 Terminology. 12.13.1. Gender; Number. Unless the context clearly indicates 19 vc RECEIV D otherwise, terms used in this Agreement in the masculine, feminine or neuter in Jude the ofherss, 2023 terms used in the singular include the plural and terms used in the plural include he singular. Zoning Board of Appeals 12.13.2. Successors Included. Reference in this Agreement to any party includes such party's Successors. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth beside our names to be effective as of the date first set forth above. FERRY VIEW LLC By: EMILY R. CRISP, Managing Member A2Ifd CV& h�� Wendy Cris Henders i(Jan 9,2023 17:20 EST) By: WENDY C. HENDERSON, Member Anv C,, S&Ag- Ann C.von Stade(Jan 10,2023 10:17 EST) By: ANN C. VON STADE, Member 2 rA. Tina C Miller(Jan 6,202313:37 CST) By: TINA C. MILLER, Member 20 RECEIVED SCHEDULE A OCT 1 0 2023 ` MEMBERS Zoi;ing7 Board of Appeals Value of Form of Units/Membership Name Contribution Contribution Interest Percentage EMILY R. CRISP $97 Cash 97 Units/(97%) 20 Riverview Road Hobe Sound, FL 33455 WENDY C. HENDERSON $1 Cash 1 Unit/(1%) 37 Midwood Drive Greenwich, CT 06831 ANN C. VON STADE $1 Cash 1 Unit/(I%) 4 Harbor Bluff Lane Rowayton, CT 06853 TINA C. MILLER $1 Cash 1 Unit/(1%) 221 Marvin Ridge Road New Canaan, CT 06840 21 Ferry View LLC Operating Agreement RECEIVED Final Audit Report 2023-01-10 Created: 2023-01-06 Zoning Board of Appeals By: Annalise Schweitzer(aschweitzer@northfork.law) Status: Signed Transaction ID: CBJCHBCAABAAIO_sLROh-Qpx4ghOrZmV1tNP3Kjapaer 1 "Ferry View LLC Operating Agreement" History 5 Document created by Annalise Schweitzer(aschweitzer@northfork.law) 2023-01-06-4:53:07 PM GMT C'o Document emailed to Missy Crisp (crispmiss1 @mac.com)for signature 2023-01-06-4:54:21 PM GMT C'4 Document emailed to wendyhenderson@me.com for signature 2023-01-06-4:54:21 PM GMT C'w Document emailed to annvs@me.com for signature 2023-01-06-4:54:21 PM GMT Document emailed to millertinac@me.com for signature 2023-01-06-4:54:21 PM GMT Email viewed by annvs@me.com 2023-01-06-5:35:20 PM GMT Email viewed by millertinac@me.com 2023-01-06-7:36:15 PM GMT cie Signer millertinac@me.com entered name at signing as Tina C Miller 2023-01-06-7:37:43 PM GMT tea Document e-signed by Tina C Miller(millertinac@me.com) Signature Date:2023-01-06-7:37:45 PM GMT-Time Source:server 5 Email viewed by Missy Crisp (crispmiss1 @mac.com) s 2023-01-06-8:08:11 PM GMT a Document e-signed by Missy Crisp (crispmiss1 @mac.com) Signature Date:2023-01-06-8:23:17 PM GMT-Time Source:server Adobe Acrobat Sign Email viewed by wendyhenderson@me.com 2023-01-07-5:03:17 AM GMT � RECEIV ED X5'0 Signer wendyhenderson@me.com entered name at signing as Wendy Crisp He derson ou 1 2023-01-09-10:20:26 PM GMT Boa&, Document e-signed by Wendy Crisp Henderson (wendyhenderson@me.com) Zoning /► Signature Date:2023-01-09-10:20:28 PM GMT-Time Source:server / 1 Signer annvs@me.com entered name at signing as Ann C. von Stade 2023-01-10-3:17:49 PM GMT Document e-signed by Ann C. von Stade (annvs@me.com) Signature Date:2023-01-10-3:17:51 PM GMT-Time Source:server Agreement completed. 2023-01-10-3:17:51 PM GMT Adobe Acrobat Sign I ZBA CHECK FEES - 2023 Funding Account- B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 10/2/2023 Leon, Pablo 7853 ' $750.00 2635 10/13/2023 10/10/2023 Ferry View LLC(CV) 7854 $1,750.00 1311 10/13/2023 10/10/2023 Forni,John 7855 $750.00 100634 10/ 13/2023 10/11/2023 411 Equestrian Av LLC 7856 $2,750.00 3780 10/13/2023 10/12/2023 FI Union Chapel 7857 $750.00 3781 10/13/2023 10/12/2023 1000 Soundbeach Dr LLC 7858 $1,250.00 1059 10/13/2023 10/12/2023 NF Project LLC 7859 $750.00 1313 10/13/2023 $8,750.00 RECEIVE® OCT 1 3 2023 Southold Town Clerk un of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/16/23 Receipt#: 315723 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7853 $750.00 1 ZBA Application Fees 7854 $1,750.00 1 ZBA Application Fees 7855 $750.00 1 ZBA Application Fees 7856 $2,750.00 1 ZBA Application Fees 7857 $750.00 1 ZBA Application Fees 7858 $1,250.00 1 ZBA Application Fees 7859 $750.00 Total Paid: $8,750.00 Notes: Payment Type Amount Paid By CK#1059 $1,250.00 1000 Soundbeach Drive LLC CK#2635 $750.00 DeLeon Builders LLC CK#1311 $1,750.00 Finnegan, Law P. C. CK#1313 $750.00 Finnegan, Law P. C. CK#3780 $2,750.00 Margaret R Watt of Samuel W Fitzgerald CK#3781 $750.00 Margaret R Watt or Samuel W Fitzgerald CK#100634 $750.00 Twomey, Latham Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Finnegan, Law P. C. PO Box 1452 Maiituck, NY 11952 Clerk ID: JENNIFER Internal ID:7859 CIO( A 016 100a a-6 9 13-47e2-a 2 a a-42 d 0 b 6442 b24 Icimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION vi The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 7, 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, DECEMBER 7,2023: 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. t 10:00 A.M.-ROLAND GRANT, PRESIDENT OF SQUEST, INC.#7847: Request for Variances from Article XV, Section 280-62C;Article XV,Section 280-64B and 280-64C; and the Building Inspector's August 4,2023,Amended October 17,2023 Notice of Disapproval based on an application for a permit to demolish existing buildings and construct two public self-storage buildings (A& B),with building "A" creating an accessory apartment on the second floor and to maintain the existing 26.8 ft. by 37 ft.garage/storage building;at; 1) buildings 'A and B' less than the code required minimum variable front yard setback of 70 feet; 2) buildings'A and B' less than the code required minimum rear yard setback of 70 feet; 3)buildings'A and B', located in the HALO Zone, more than the permitted 60 linear of frontage on one street;4) building 'A' proposing a non- permitted accessory apartment use;5)garage/storage less than the code required minimum front yard setback of 100 feet; 6)garage/storage less than the code required minimum side yard setback of 20 feet; located at: 800 Horton Lane, Southold, NY.SCTM#1000-63-1-9. 10:10 A.M.- DEAN COMPANY, LLC.#7849: Request for Variances from.Article XXIII,Section 280-124 and the Building Inspector's August 21, 2023, Notice of Disapproval based on an application for a permit to construct a front porch and legalize an "as-built" rear deck attached to an existing single family dwelling; at; 1) proposed construction less than the code required minimum front yard setback of 40 feet; 2) 'as built' deck less than the code required minimum rear yard setback of 50 feet; located at 180 Teepee Trail, Southold, NY.SCTM#1000-87-2-20. 10:20 A.M.-MICHAEL V. LIEGEY#7846: (Adjourned from November 2, 2023) Request for a Variance from Article III,Section 280-15 and the SOUTHOLD TOWN BD OF APPLS 2 3 - 016100aa-6913-47e2-a2aa-42d0b6442b24 I(imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION , The Suffolk Times Building Inspector's September 16, 2023, Notice of Disapproval based on an application for a permit to construct an accessory garage; at; 1) located in other than the code required rear yard; located at: 105 Town Creek Lane,Southold, NY. SCTM#1000-64-1-9.1. 10:30 A.M.-INDIAN NECK IV, LLC#7851-Request for a Variance from Article III,Section 280-14; and the Building Inspector's September 8,2023, Amended September 21, 2023, Notice of Disapproval based on an application to legalize an "as built" demolition (as per Town Code definition, and reconstruct a single family dwelling; 1) less than the code required minimum front yard setback of 60 feet; located at: 3375 Indian Neck Lane, Peconic, NY.SCTM#1000-98-1-1.3. 10:40 A.M.-KEVIN KELLY AND BRIGID GILLESPIE#7852-Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's August 9,2023, Notice of Disapproval based on an application for a permit to reconstruct a front porch attached to a single family dwelling; at; 1) located less than the code required minimum front yard setback of 35 feet; located at: 295 Fanning Road, New Suffolk, NY.SCTM#1000-117-4-10 10:50 A.M.-JOHN FORNI#7855-Request for a Variance from Article III, Section 280-15 and the Building Inspector's September 27,2023, Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool, at; 1) located in other than the code permitted rear yard; located at 2240 Bay Shore Road,Greenport, NY.SCTM.#1000-53-4-26.1. 11:00 A.M.-PABLO LEON#7853 -Request for a Variance from Article XXII,Section 280-116A(1) and the Building Inspector's September 20, 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 100 feet from the top of the bluff, located at: 1400 Salt Marsh Lane (adj.to the Long Island Sound), Peconic, NY.SCTM#1000-68-3-2. 11:10 A.M.-FISHERS ISLAND SCHOOL DISTRICT/FERRY VIEW LLC#7854- Request for Variances from Article III,Section 280-14;Article XXII, Section 280-116A(1); and the Building Inspector's August 11,2023, Notice of Disapproval based on an application for a permit to construct a single family dwelling and an accessory'garage, at; 1)dwelling is located less than the code required minimum front yard setback of 60 feet; 2) dwelling is located less than the code required 100 feet from the top of the bluff; 3)garage is located in other than the code permitted rear yard; located at Reservoir Road, (Adj.to Fishers Island Sound) Fishers Island, NY. SCTM#1000-9-8-1. 1:00 P.M.-411 EQUESTRIAN AVENUE, LLC#7856- Request for Variances from Article X,Section 280- 45C(2)(f);Article X,Section 280-46; and the Building Inspector's September 13, 2023, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing commercial building (inclusive of expanding a second floor accessory apartment), at; 1) less than the code required minimum front yard setback of 15 feet; 2) less than the code required minimum side yard setback of 10 feet;3) less than the code required minimum combined side SOUTHOLD TOWN BD OF APPLS 3 016100aa-6913-47e2-a2aa-42d0b6442b24 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times yard setback of 25 feet; 4) more than the code permitted maximum lot coverage of 40%; 5) apartment comprises more than 50%of the principal building; located at 411 Equestrian Avenue, Fishers Island, NY.SCTM#1000-9-4-3. 1:10 P.M.-FISHERS ISLAND UNION CHAPEL#7857: Request for a Variance from Article III,Section 280- 14 and the Building Inspector's August 25,2023, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling (parsonage); at; 1) less than the code required minimum front yard setback of 60 feet; located at Crescent Avenue, Fishers Island, NY. SCTM#1000-9-2-12.1. 1:20 P.M.- 1000 SOUNDBEACH DR., LLC#7858-Request for Variances from Article III,Section 280-15 and the Building Inspector's August 31, 2023, Notice of Disapproval based on an application for a permit to construct an accessory garage,at; 1) located in other than the code permitted rear yard; 2) more than the code permitted maximum lot coverage of 20%; located at 1000 Sound Beach Drive, (Adj.to Long Island Sound) Mattituck, NY.SCTM#1000-99-1-5.1. 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/webI!nk/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email: kimf@southoldtownny.gov. Dated: November 16, 2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) P.O. Box 1179,Southold, NY 11971-0959 SOUTHOLD TOWN BD OF APPLS 4 i i 016100aa-6913-47e2-a2aa-42d0b6442b24 kimf@southoIdtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice,a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: November 30,2023 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 Christina Henke Rea Printed Name Subscribed and sworn to before me, This 01 day of December 2023 Notary Signature GRAS O STATE OF NEW YORK i – � —flTARY�PNIfl I N �.4\ Qualiffod In Albany County Notary Public Stamp C) % 1 N OiRE8388443 i o tea . S/ON fEX?Vi� SOUTHOLD TOWN BD OF APPLS 1 BOARD MEMBERS so Southold Southold Town Hall Leslie Kanes Weisman, Chairperson O�� TyOI 53095 Main Road•P.O. Box 1179 Patricia Acampora O Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert, Jr. Town Annex/First Floor Nicholas Planamentofl54375 Main Road(at Youngs Avenue) IOU r�,� 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, DECEMBER 7, 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 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. DECEMBER 7. 2023: 11:10 A.M. - FISHERS ISLAND SCHOOL DISTRICT/FERRY VIEW LLC #7854- Request for Variances from Article III, Section 280-14; Article XXII, Section 280-116A(1); and the Building Inspector's August 11, 2023, Notice of Disapproval based on an application for a permit to construct a single family dwelling and an accessory garage, at; 1) dwelling is less than the code required minimum front yard setback of 60 feet; 2) dwelling is located less than the code required 100 feet from the top of the bluff; 3) garage is located in other than the code permitted rear yard; located at Reservoir Road, Fishers Island, NY. SCTM#1000-9-8-1. 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. Link: http://24.38.28.228:2040/weblink/Browse.asox?dbid=0. If you have questions, please telephone our office at (631) 765-1809, or by email: kimf@southoldtownny.gov. Dated: November 16, 2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 0-Min Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 e,F. Town Hall Annex, 54375 NYS Route 25 " P.O.Box 1179 r. r Southold,New York 11971-0959 = «.m Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: November 6, 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 December 7, 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: 9PLEASE READ CAREFULLY. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than November 29, 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 November 20,2023, 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. J Instructions`for ZBA Public Hearing Page 2 MAILING INSTRUCTIONS: Please send by USPS Certified Mail,. Return Receipt the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We 'ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by November 29,2023. 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 631-765-1909 or email us at kim&southoldtom=.gov or elizabeth.sakarellos(a)town.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> https://southoldtownny.gov/DocumentCenterNiew/9694/TentativeRo112023 ;IMPORTANT INSTRUCTIONS: d " ,Scan and email the USPS mailing receipts, .green signature cards and affidavits to 1kimf(a,southoldtownny.gov, and ** PROMPTLY USPS MAIL** the ORIGINALS'to ;the Town of Southold, ZBA, P.O. Box'1179, Southold,NY 11971. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter SS 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 Westermann, Donna From: Westermann, Donna Sent: Tuesday, October 31, 2023 2:31 PM Cc: Sakarellos, Elizabeth Subject: Public Hearing December 7, 2023 - Instruction letter Importance: High Good afternoon, It has come to our attention that the instruction letter date(s)for mailings and positing of sign are incorrect. Posting should be done by November 20, 2023. Affidavits of Mailing and Posting completed, notarized and returned to our office with the mailing receipts and green cards by November 29, 2023. Mailings to be done by November 20, 2023. We apologize for the error, and appreciate your assistance. Thank you, Donna 1%)V ina westerma vulou ZoVVLVLg -Board of AppWIs - ----- - - �.o. SoRtkotd' NY p E i U f 1 Aaserfiche Instructions' for ..Zoning Board of Appeals Records 'r OW1 OFSOUT14OLD fNEW YORK Malk or ToTop Government Sereices isatin Flow Da 1.` .Tei-- w _ ' )' .4• s tl � f,Y•; /. '•f: ',1... +: ;tel 'N a:4._.:li�y .,t.,f+`» J :J 'a r&lnsh; :'Ttiwti'Coiie'"":;,`"r[in{ne' menu 1"aivniteeo - 'Si'� u toimiir,.i �'�' IInutes� -- '•F-�Y.�A�5:5wv.trilts�:j..�Yel,.takfL'iwErh�e.�.%t,rFbims A�4`pIIcatid"ns. v:d.:.._..a. . iuuifrntiniic.'�.a�.�.�..•..r✓ - .c..n....:t.,:::l.i;::::.1� .�..i•..r_..;�.."....::o.-snritir(e_. ----- - --- ---c......_....... -�.........:.�.£ Above: Homepage, Click on Link"Town Records"Weblink/Laserfiche LaserfleheWebLink NyW.Ulkyelp i rboW s,gnwt ticme Browse search To mOfSouthold Name Page count ;�Tempfate roma e/;, �' Town0f5outhold " . - �Town Clerk T—HiAorlan Entry Properties , Path Tnrteea Tw,m1f'xr�ttwld „i Zoning Board of Appeal,(zea) Creation date - .. .... ... .. -. .. .... . 3i5RO1C":52x1'.\! Fag-_2 of 2 First « J� 29 Entries I Last modified 113 V20'%8x'.(:2'%AM 2 Metadata No`rmW,.D assign_.1 .�.av Above: -The second of two pages you will find"Zoning Board of Appeals(ZBA)" in the list of Town of Southold Departments. Click the Zoning Board of Appeals(ZBA)folder/link. Laserfiche Instructions ZBA Files Page 2 LaserficheWebLink tw Dunk aero About Sign Out Home Browse search I ownUf',outhotd-Zoning Board of Appeals(ZBA) Zoning Board ol'Appeals Name Page count Alph. (ZBA).._.. ..__. B—ol Actions index R Entry Properties Board anon, Ja La—lithe Search Guides Me Path eting Schedules path P'ou:hnLf:Ztrli ig"car cfApNea!s(LBA) funu[eslAgendaslLegal NobceSrHeanngs Creation date �n Pending 711MM!12:f;;16 Ph1 Ly RepnTi Last modified Special Event Permits 512312017,1.07:14aha In Training Requirements ZBA Ofctals A Metadata 2BA policies NO mnad+rta dsSf,C�!1Pd ',y Exceonons List Code280-1GC{3) jurMicdon Listing / ,1 ZBA Book of Mapped 1977 ExisCng Lots 189 o[tdme h R—ft, —1 :sMneetrhlwP'rnwl�1> G Ou!k Schedules 5 .. _ Agreements,ConVaar&Leases Page I of 1 T4 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. Laserfjche WebLink Myweolnk:r'eo A5 2 :ignat Home Browse Search T7e 0(- Mol0,Zorinv,Boara of appeals IZBAI.Board Action Board Actions Name Page count remplane name - - ,�1957-1979 Entry Properties ;.l 1980-1999 Path OW TuwrlMSouti1010.17c;ii,:g eo;.rd of Appk'd1VZF,A1\Pi'drd.4,11011y .'=i 2001 Creation date _n 2002 .'1 2003 Last modified •^2004 3i2a••21;7 11:311:0?AM x 2005 Metadata 2006 200: do metadsra assjgned 2008 tn 2009 ._.....___........_.._.....I ;.»A 2010 &Ra.lb rRNtej-rm[uNseCi it 2011 2012 J A13 -2013 e 2015 2016 :�2017 Pending ......,... +..healtlJmemm/he+�peP-[mm><Use2 P�..a�„I r �• ••+ Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". Lasen`iche Instructions / ZBA Files G Page 3 comp Browse a.'m i.<u,n:it5ar]M1rbS:tom106—1 cr nppna+s+2Bni•Boa'd A[Oans•201] 2017 vane Pas �n- wnydlrww.rnv .%'�, ,"%;v. 9684 36a-4 Board nae+ti a CAW Rop¢Nu �6STi 78 as allom PaN 13 fis9: da eaartl Raw,s :f Sla:pnl><LG4r0..1d Y)Illi, .06 BaaW,allons .aur^•:�!: e)�aeP Ba aaam Rmma creatbn Gale ,. 7s eoa.a<maa. 75 9oard nacos �astmodi0ed <� .le 3oa.d ano:d yt ro!5 9] Board Keats s M-d-. a6ardRrncns rosy 93 N:++K•:a Pc y'.•: ,�4 7a1> i0 Board xao+r, 5 n],s ss Baa.d Rcnom g:ma sa e...d Rea„ 7ezo So eoard u 7021 Ss Board 4aom A 70. 71 acard R[6ons d—a )35 award].rdm +a. 6i Board knoru 11 7625 2+8 9aard Rttion] -is 73 Board,trLom L.027 80 9oard Rao+: g 7ma ,; soara,aa,1 ,o,y a aoara+cvo,a 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 WehLink costal °� M Home Browse Search Customae Search 50rt results by: Relevance<r Records Management Search 1 7016 Feld name Board An—-83 page(5) Choose Feld Page count:83 Template name:Board Actions :,Reset nage 3...:Colin and Kristen Cashel PROPERTY LOCATION:162-aver Shingle Hill,Fisher... Page ...19,2017 47016 Cashel SCTM No.1000-9.1-26 minimus approval to remo— page 5 19.201747016.Cashe1 SCTM No.1000-9-1.26 GRANT.the variances as... Search cerins Page 9.-COLIN&KRISTEN CA5HEL SECTION 009 BLOC... age 20...Thomas Ahlgren(Cashel),PO Box 342 Rshers I$Iand.NY.. Show more information... 7018 Board Actions-56 pagers) Page count:56 Template name:Board Actions PPS9 tN..9,30 YM.rn(,IN CASHH AND V—nr--6,—,'r Id S—nn ANN... Page 49—ance(s)KRISTEN CASHELa7016-Request proposed trellis located in other tha... Y Show more Information... Above:Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1. Laserfiche Instructions ZBA Files Page 4 Laserflche WebLink Home Browse Search TownoK^utAo!d-Zoning Board Of Appeals(ZBAj>Minutes/Agendas/Legal Notkes/Hearing5 Name Page count �Temptate rnifie;;,, /'; Minutes/Agendas/Legal - - Notices/Hearings C]1957-1979 Entry Properties t9so-1999 :....__...__...__.....__---....._._.,.-..._. 20002009 Path ;m 2010 Tnront7fSOuthc:dZol�ulg Board of Appti, Is 2011 (ZBA)SMInU:-a:',gendavLegal Pitlicc4'f learn§^; fi7 2012 Creation date f:,)2013 7t'J2,r.l'.57:41i PM r„n 2014 Last modified tj 2015 1211UM15215:14;M rY7 201fi 2 Metadata 20117 No metadara aligned Page 1 of I 11 Entl .rFu+.R ..-w.a cc�vwq Lvtcv n.alNlt+Ka A`S�/F.f�o i.c+r.a Above: Also, Minutes,Agendas, and Hearing Transcripts can be viewed. Laserfiche WebLink .�_i • My webuns Help About] Home Browse Search TownCfSouthold>Zoning Board of Appeals(ZBA)>Minutes/Agendas/Legal N otices/H ean ngs>2017 2017 Name Page count Template name , ZBA-01105/2017 7 z Entry Properties V 28A-01;052017 Agenda � Path ZBA-01/05/2017 clearing 40 TO nOiSotllt>l0\_',,ning Board of Appeals ZBA-011052017 LrJ 3 (ZBA)1Mlnutes/Agen0aS,'L-3a] _J ZB.A-01/192017 2 NOOCeS/Heanng5\2011 - 23A-0111 9 2 0 1 7 Agenda Creation date 12/152016 2:15.14 PM ]ZBA-021022017 7 Last modified '�ZBA-02)022017 Agenda 4 G/19/201 i&:53:59 PM ZBA-02/02:2017 Hearing 45 R Metadata �',ZBA-02/02/2017 LN 3 ZBA-02/161 Agenda 3 Nu nletddala 1551gnetl 3 m;ZBA-02/162017 Special ZEA-03102,12017 7 _edure&Re Its .sNnealth/pap-smear:Uzes2) ZBA-031028017 Agenda 4 ZB.A-03102/2017 Hearing 65 ZBA-031022017 LN 3 ZBA.03/168017 Agenda 3 e,Z3.A-03/168017 Spec,.] 3 ZBA-041068017 5 ZBA-04/06/2017 Agenda 4 - ,m ZEA-Ox06/2017 Hearing 45 Above: Agendas, Minutes and Transcripts are in chronological order. ,4UTI (moL Utm ARli4u The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBINAR - Follow link - httpo.//southoIdtownny.gov/caIendar.aspx NAME F . I . SCHOOL DISTRICT #7854 SCTM # : 1000-9-8- 1 VARIANCE: YARD BLUFF SETBACKS AND LOCATION OF ACCY. GARAGE REQUEST: CONSTRUCT A SINGLE FAMILY DWELLING & ACCYm GARAGE DATE THURS. , DEC. 79 2023 11 :10 A. M . You may review the file(s) on the town's website under Town Records/Weblink: ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 C�4 C SS 1�4t d.- LETTER IN SUPPORT ' October'31,2023 Town of Southold Zoning Board of Appeals e�0� ®� 202 7, PO Box 1179: I Southold,NY 11971-0959 0ffrio Bo;.r�, ofgppeaf- Attn: Kim Fuentes kimfCwsoutholdtownny.gov Attn: Donna Westermann donnaw((t,southoldtownn�ov Re: Area Variance Application of Ferry View LLC ' Reservoir Road,Fishers Island,NY'06390 SCTM#1000-009.00-08.00-001.000 To the Members of the Zoning Board ofAppeals: We reside in the community near the Ferry View LLC property. A representative of Ferry View LLC provided us by email a document entitled"0 Reservoir Rd-04.11.23—Conceptual Design.pdf',which includes a depiction of a single-family,house and accessory garage on the site from above,conceptual front and rearelevations,and floor plans(the "proposed construction''). We are aware of Ferry View LLC's requests for variances for the proposed construction, specifically front yard and bluff setback variances for the construction of the house and a side yard variance for the construction of the accessory garage. We believe that the proposed construction will be in character with the other houses in the community and will not result in any adverse impact on our neighborhood. We have no objection to the granting of variances for the proposed construction. r By: Address: 1 q of By: Address: 81 1` CB RISTOPHER L. RAFFERTY �. (1 L f L 2130 WINGFIELD ROAD CHARLOTTESVILLE,VIRGINIA22901 elraffusa@gmail.com Tel:434-995-5447 Cell:973-214-1506 � 4 7in EDOctober 27, 2023 ' 02 202 Town of Southold Zoning Board of Appeals 1 .'+�hl�l�r BOc.rn o,gpoea+� PO Box 1179 Southold, NY 11971-0959 - Attn: Kim Fuentes Attn: Donna Westermann (ion n.avv(ir)southold townqy ��u� Re: Area Variance Application of Ferry View LLC Reservoir Road, Fishers Island, NY 06390 SCTM#1000-009.00-08.00-001.000 To the Members of the Zoning Board of Appeals; I reside seasonally in the community near the Ferry View LLC property. I have reviewed a document entitled"0 Reservoir Rd_04.11.23_Conceptual Design.pdf', which includes a depiction of a single-family house and accessory garage on the site from above, conceptual front and rear elevations and floor plans (the"Proposed Construction"). I am aware of Ferry View LLC's requests for variances for the Proposed Construction, specifically front yard and bluff setback variances for the construction of the house and a side yard variance for the construction of the accessory garage. I believe that the proposed construction will be in character with the other houses in the community and will not result in any adverse impact on our neighborhood. I have no objection to the granting of variances for the proposed construction. Sincerely yours, J LETTER IN SUPPORT October 26, 2023 Town of Southold Zoning Board of Appeals PO Box 1179 Southold,NY 11971-0959 'NOV ®2, 202,E ' Attn:Kim Fuentes kimfnsoutholdtownny,gov Atte: Donna Westermann donnaw(n)southoldtownny.gov °:_mir►g Boars` ofgpp ,E' Re: Area Variance Application of Ferry View LLC Reservoir Road,Fishers Island,NY 06390 SCTM#1000-009.00-08.00-001.000 To the Members of the Zoning Board of Appeals: We reside in the community near the Ferry View LLC property. A representative of Ferry View LLC provided us by email a document entitled"0 Reservoir Rd-04.11.23—Conceptual Design.pdf',which includes a depiction of a single-family house and accessory garage on the site from above, conceptual front and rear elevations and floor plans(the "proposed construction"). We are aware of Ferry View LLC's requests for variances for the proposed construction, specifically front yard and bluff setback variances for the construction of the house and a side yard variance for the construction of the accessory garage. We believe that the proposed construction will be in character with the other houses in the community and will not result in any adverse impact on our neighborhood. We have no objection to the granting of variances for the proposed construction. By: 6444 b f r e4 vrC3/f Address:/// 2 Ref '&e o6Zgo By: I-. Address: �o � �rr)-�Ue-1 Murray R.Metcalfe & Louise Burnham Packard 52 Robin Road, Weston, MA 02493 louise.packard@gmail.com LETTER IN SUPPORT 7.�RFCEEDED7October 26,2023 nV ®, Z_Z_ Town of Southold Zoning Board of Appeals 2'0Jn1r1- Boer-d of A eai PO Box 1179 pp e` Southold,NY 11971-0959 Attn: Kim Fuentes kimf@southoldtowmly.gov Attn: Donna Westermann donnaw@southoldtownny.gov Re: Area Variance Application of Ferry View LLC Reservoir Road,Fishers Island,NY 06390 SCTM#1000-009.00-08.00-001.000 To the Members of the Zoning Board of Appeals: We reside seasonally at 845 Reservoir Road,Fishers Island NY, near the Ferry View LLC property. A representative of Ferry View LLC provided us by email a document entitled "0 Reservoir Rd-04.11.23—Conceptual Design.pdf,"which includes a depiction of a single- family house and accessory garage on the site from above,conceptual front and rear elevations and floor plans (the "proposed construction"). We are aware of Ferry View LLC's requests for variances for the proposed construction, specifically front yard and bluff setback variances for the construction of the house and a side yard variance for the construction of the accessory garage. We believe that the proposed construction will be in character with the other houses in the community and will not result in any adverse impact on our neighborhood. We have no objection to the granting of variances for the proposed construction. Murray R. Metcalfe Louise Burnhantpackard TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK 1'7. I - ��duuj cf AFFIDAVIT OF In the Matter of the Application of: MAILINGS FERRY VIEW LLC /FISHERS ISLAND SCHOOL DISTRICT (Name of Applicant/Ownet) RESERVOIR ROAD, FISHERS ISLAND, NY 06390 SCTM No. 1000-009.00-08.00-001.000 (Address of Property) (Section, Block& Lot) COUNTY OF SUFFOLK STATE OF NEW YORK 1, Owner, (\/) Agent MARTIN D. FINNEGAN d/b/a at 13250 MAIN ROAD, MATTITUCK, New York, being duly sworn, deposes and says that: On the 17th day of-November 2023, 1 personally mailed at the United States Post Office in MATTITUCK New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to Current property owners shown on the current assessment roll Verified from the official records on file with the (Vj 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 applican erty. (Siure - ------------- --- Sworn to before me this 4 A SCHWEITZER ANNALISE day of November . , 2023 NOTARY PUBLIC-STATE OF NEW YORK NO.0 1 SC6409457 QUALIFIED IN SUFFOLK COUNTY My COMMISSION EXPIRES SEP 28,20 (Notary Niblic) 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. m ' • ®. • ® o - Ir lnEl - M Stamrord; CT 06902 ; o. •' • m Certified Mail Fee $4.35 1.952 f`- • , M .Chanott.esvi11eI VClio $ A. 2?901 Extra Services&Fees(checkbox,add fees tb tote) 12 Certified Mail Fee r s Ip�� ❑Return Receipt(hardcopy) $ I I I( ' t '~"�. mit'o JCr ,,,;r�CC t, �. ;• 9~ C3 ❑Return Receipt(electronic) $ I�� •,Postmark • $ 1? �n Here are) r✓. C3 []Certified Mail Restricted DelivetV dT 1F p*11_ r,Q Extra Services&Fees(check adr�'e ;F>bjD M •• C3 ❑Return Receipt(harcicopy)"�' ��/a$r d' r rry�,�l l postmark (~- ❑Adult Signature Required $, II ❑Return Receipt(electro�r!ic); •+rr —�+•� ru ❑Adult Signature RestrlctedA2V§_,S, t 2023J ❑Certifled Mall Restricted Delivery�$_ --2 23 Here Postage ;, l ? r`- ❑Adult Signature RequlredS $—rj�-�f�ft— p 'I O r9)=1 j( C3 $ - 11/17/2023 ru El Adult Signature Rest/cted,Delive_ry�$�— h r=I Total Postage and Fees• - -' Postage r- 8.80 ,',ft/1712023- C3 Po a e C3 $ Sent To Total Postage and Fees `' ..,r,_�' ---- • � x+8'0 8 i Er SFieeiand; Charles F. Carroll $ - Sent To `" 333 Stamford Avenue o» __________. Rafferty CL Trust Er City,State,. ED StreeF and AF Stamford, CT 06902 ,.n 2130 Wingfield Road i n CI[y,State, Zi Charlottesville, VA 22901U.S. Postal Servibils'" V.S. 1 Postal Service Lr) ..D Only •• Domestid U E' . .- - . o . -• _ . .. "' Westt)n r 11A 02493 „ m .Southold, i�lY.,11971`: ; co e0 �••_ > . Certified Mail Fee $4.35 �c - "! 9cJ2 Km Certified Mail Fee $4.35 7 1:1952 _M., 0 (_I c13Extra Services&Fees(checkbox addfee �,��,istel J� 12 p Extra Services&Fees(check box,add fee a te) O [I Return Receipt(hardcopy) r $"�` I 4Hmrea ❑Return Receipt(hardcopy) }--0 j J ❑Return Receipt(electronic) —, fie� rk ❑Return Receipt(electronic) $ (I �a" juv 1 7 202�ostmark' F2023 , ::.;..,.W � ❑Certified Mall Restricted Delivery_ �- + O ❑Certifled Mall Restricted Delivery`"-$"=' Here, r" ❑Adult Signature Required' "'Q° t(7r— { h ❑Adult Signature Required :1.5 7�M(-V-W fJ ❑Adult Signature Restricted Delivery,-$ * / E]Adult Signature Restricted Delivery$ 'a O.9i u-) I � Postage ;•r ,,. Postage $11.90 - '�..� �r. �,,v�;•,. C3 $ dF _ - L�'.,r'i �t i1r1/17/2023 $ r—1 T I P tage and Fees r� To P tags an Fees 11/17/2172 pp q� rte- ri�.�� .151 I I o $ ..... .............................. I C3 $ Town.of Southold Sent To Sent To Er FWFI 2020 Nominee Trust ------ ErsFreerandapF.iva;orPoe'oxivo: PO BOX 1179 ED Street andca "n 52 Robin Road `^ ZIP+----4 ------------------ 53095 Route 25 D^ City,State, D^ ry State, Weston, MA 02493 Southold, NY 11971 SENDER' COMPLETE THIS SECDON • • • • e'Complete items 1,2,and 3.-`-- A. Sig re ❑Agent K';Print your name and address on the reverse X ❑ ddr ssee ! ,,.so that we can return the card to you. Attach this card to the back of the mallpiece, Receive;Knte dName) C. Dat of livery ■ or on the front if space permits. p fs 1. Article Addressed to: D. Is deliveryaddress different from item 17 Yes ..................................... .... ............... If YES,enter delivery address below: ❑ Town of Southold PO Box 1179 I I 53095 Route 25 i Southold, NY 11971 II I IIIIII IIII III I II I II I IIII III I II IIIIII I I I I III 3, Service Type ❑Priority Mail Expresso O Adult Signature ❑Registered MaiIT"' O Adult Signature Restricted Delivery ❑Registered Mail Restricted $Q Certified Mail® Delivery 9590 9402 8241 3030 7848 57 ❑Certified Mail Restricted Delivery ❑Signature Confirmation"" ❑Collect on Delivery ❑Signature Confirmation 2. Article Nuritber(Transfet from service label); ❑Collect on Delivery Restricted.Delivery Restricted Delivery ---;red Mail. !, _ 9589 0 710' 5 2 7 D 06831' 8 3 7 9 6 9^ f$500)11 Restricted Delivery PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Recel�t MAILING LIST ZONING BOARD OF APPEALS VARIANCE APPLICATION &PUBLIC HEARING APPLICANT: FERRY VIEW LLC #7854 OWNER: FISHERS ISLAND SCHOOL DISTRICT PREMISES: RESERVOIR ROAD, FISHERS ISLAND, NY 06390 SCTM #1000-009.00-08.00-001.000 9.-9-5 Charles F. Carroll 333 Stamford Avenue Stamford, CT 06902 9.-9-29.8 Rafferty CL Trust 2130 Wingfield Road Charlottesville, VA 22901 9.-9-29.6 FWFI 2020 Nominee Trust 52 Robin Road Weston, MA 02493 9.-8-2.1 Town of Southold PO Box 1179 53095 Route 25 Southold, NY 11971 ,. •-- �-�;,..,fir , SENDER: • •N COM P LETE THIS SECTIONON DELIVERY ■ Complete Items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X / 0 Agent c so that we can return the card to you. ❑Addressee g• Received by(Printed Name) C. D to of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. C l� 1 I Z/ Z3 1. Article Addressed to: D. Is delivery address different from'item 1? ❑ es If YES,enter delivery address below: ❑No Charles F. Carroll r 333 Stamford Avenue �+l Stamford, CT 06902 II I IIII'I I'II I'I I II I'I I IIII III I II IIII I II II I III 3, Service Type ❑Priority Mail Express® ❑Adult Signature ❑Registered MaiIT"' C�Adult Signature Restricted Delivery ❑Registered Mail Restricted Certified Mail@ Delivery 9590 9402 8241 3030 7848 88 ❑Certified Mail Restricted Delivery ❑Signature Confirmation TM, ❑Collect on Delivery ❑Signature Confirmation 2. Article Ntimtier ransfer+fro selyice label)1 + 1 ; l+, ❑,Collect on Delivery Restricted Delivery Restricted Delivery �. !r i im; ,: f ! '. -:_ ''ad' Il 9 5.8 9 0 710 5 2 7 0 D 6 8 3 8 3 7 9 3 8 ed Mail Restricted Delivery { PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt • Complete items 1,2,and 3. A. Signa re • Print your name and address-.on the reverseX 0 Agent so that we can return the card to you. ai Addressee ■ Attach this card to the back of the mailpiece, B• Received by(Printed Name) C. a of I e or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item ? ❑Yes _.....; If YES,enter delivery address below: ❑No FWFI 2020 Nominee Trust _ 52 Robin Road Weston, MA 02493 - ---- — — 3. service El Type Priority Mail Express@ 111111 IN III 1111111111111111111 HE I III 1111 ❑Adult Signature ❑Registered MailT" i ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted' JQCertifiedMail@. . Delivery 9590 9402 8241 3030 7848 64 ❑Certified Mail Restricted Delivery ❑Signature Confirmation*"" ❑Collect on Delivery ❑Signature Confirmation ❑Collect on Delivery Restricted Delivery: , .Restricted Delivery . 2. Article Number(transfer from service label) ;. ;f-(.,k.,j�d"Mail•, gyred Mail Restribtbd Delivery '. . . . t : '" ' : : 95.89 071W�527d 0683`"'8379 52` ir$500) PS Forrn 3811;,July 2020 PSN7530-02=000-9053 Domestic Return Receipt oi �'�9 • 1 t}.1E;.`t�r��1��'"( !��f�y�-'a. ��t/r�� • ,1; -f/�C �� . ..1 lam.Ji�'�v/1 lr' �� (�� L d�t11 �_ ..r7 / �"•,.7R d'�n�-.T Eti ail�t�'��ier�"�'��f' J� y� �r�^-•� - 'SI) t1 f 9L'T��,4 '•�L I%� '�, .+. j�f� W ` ` 7 � y"".' fie• •�1 ^-•1! X" - '�I;� ��,,,^ 7. p ' � r/I��i f 4 r�4�yZr• 3 'a ?�yLt+� 1 ti�L1{`�ryr�i kyr. v r,-'moi ��i" ! '•f `�\� .F� 1� .(li Pdtl � ♦'"'1.1+`�l�j �. �r r� /��F�J .. � r 1� •,!� Q�� 1�� '2%� :� �' r �"I.�v�'(�.� '`!�1�, �,• �`p�,`..i;� � t X1'0= •� .L ,•�'�,.�..`�" ��•�+iY�'�t�,lr,.l1 �_. _ ,` r c�.. ht`..• 'li�� rww- r�� -,!';� .�� . •�w�•-:,i�,�\. '&"� �� .`�- ��,� 1�� s� ►�� 1�I�P �ti,iy��. 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I`� ;y�,,,y.{E) ♦!� i SCTM•: 1000 K ..,rl-.1� 1 1•` VARIANCE: YARD 6 BLUFF SETBACKS AND � ya LOCATION Of AGCY.GARAGE �:` `Its��C- / II/l Ltl Hp�� 1 SafLr Fsi � �..' /�' rf ✓•'��. ♦ )`i�..*J 1.,'='I ''911 (.�„<��i �!A•� '\ '��;• gEOUE ST: CONSTRUCT A SINGLE f MILr .A 9,w/ '# OWELLING A ACc GARAGE �r2 �i r•� I 1•C "vv �. "�• r� �:T') DATE T s o. . o oM �.:' r r,ir ♦ ,'� ' t1 y k/Y'!ry' li \`l�J �'Ar ' '�i r •(��t f� F �,i: A` "'�'F'.` c"�Frv=:.`AAj ,•t ; a.'' ', yr�yi','��,\ ,..r� ' .s. '�1 is ic;" �Ipyt �I},�l!,�'�'!F, • �q ,. ,5- :�i,�i, \yp.`�• fe♦K ��• 1�. Iir�•le: �: ryl o - �' '�� ++ :n•I�;'Qu .v�', "! 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TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK ". J �O� L�tS �IG AFFIDAVIT OF In the Matter of the Application of: POSTING FERRY VIEW LLC /FISHERS ISLAND SCHOOL DISTRICT SCTM No. 1000- 009.00-08.00-001.000 (Name of Applicants) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I LILY VON STADE residing at 4 HARBOR BLUFF LANE, ROWAYTON CT 06853 *W - , being duly sworn; depose and say that: I am the ( ) Owner or (V) Agent for owner.of the subject properly On the day of November , 2023, 1 personally placed the Town's Official Poster on subject property located at: RESERVOIR ROAD FISHERS ISLAND, NY 06390 indicating the date of hearing and nature of application noted thereon, securely upon subject property, located ten (10) feet or closer from the street or right-of-Way (driveway entrance) facing the street or facing each street or right-of-way entrance,* and that; I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be December 7th, 2023 (Owner/Agent gnature) Sworn to before me this _ d Day of November 2023 BERNARDA JOSIE RUSSELL Notary Public, State of New York _ �[} No. 01 JA6007457 (Notary Public) Qualified in Nassau County Commission Expires May 18 * near the entrance or driveway entrance of property, as the area most visible to passerby BOARD MEMBERS ®� $®� 'Southold Town Hall Leslie Kanes Weisman, Chairperson ®� ��®� 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 Planamentos y� 54375 Main Road(at Youngs Avenue) 00 NVISouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD _/ Tel. (631) 765-1809 � A23 NOV 1 6 2023 MEMORANDUM >Y ao p`5 [gyp iii, Y Ym". i 'F_.Y �u�`e�o9 Yb.i:Y TV�y' '1".t•_ '4 d'•4yy`'^,I +�J .�,. W _/, ^tel�i V �' /� fj`']'��-,Jq EI' To: Mike Verity, Chief Building Inspector _... '-� NOV 1 e 2023 From: Leslie Weisman, Chairperson Date: October 6, 2023, November 15, 2023 ��J4�ti RE: FI School District (Ferry View LLC —Contract Vendee) (ZBA File #7854) Reservoir Rd, Fishers Island, SCTM No.: 1000-9-8-1 Please see attached application requesting to construct a single-family dwelling and an accessory garage, for property located on Fishers Island. The public hearing is scheduled for December 7, 2023. We ask that the Building Department conduct an inspection of the site during a visit to the Island. If you are able to take photographs of the site, it would be most helpful. Thank you for your assistance and please let us know if you need any further information. BOARD MEMBERS Southold.Town Hall Leslie Kanes Weisman, Chairperson $®��iy 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 ® �� 54375 Main Road(at Youngs Avenue) COUNV, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 October 10, 2023 RECEIVED Mark Terry, Assistant Town Planning Director OCT 0 2023 LWRP Coordinator Planning Board Office Southold Town Town of Southold Planning Board Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. # 7854—FI School District(Ferry View LLC contract vendee) Dear Mark: We have received an application to construct a single family dwelling and an accessory garage. A copy of the Building Inspector's Notice of Disapproval under,Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: ,(�--1� Encl. Site Plan/Survey: CHA, last dated May 18, 2023 Public Hearing Date:December 7, 2023 BOARD MEMBERS ®F S®(/ Southold Town Hall Leslie Kanes Weisman, Chairperson ®�� r�®� 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) "OUNTI, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS October 10, 2023 TOWN OF SOUTHOLD Tel. (631) 765-1809 Suffolk County Soil and Water Conservation District Attn: Corey Humphrey 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA 47854— FI School District (Ferry View LLC contract vendee) Dear Sir or Madam: We have received an application to construct a single family dwelling and an accessory garage, shown on the enclosed survey. The hearing on this application is expected to be held in approximately four weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Leslie K. Weisman Chairperson. By: Encls. SiLe Plan/Survey: CHA, last dated May 18, 2023 BOARD MEMBERS - Southold Town Hall Leslie Kanes Weisman,Chairperson ��0� $UU�yO 53095 Main Road•P.O. Box 1179 Patricia Acampora �� 1p Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento �� 54375 Main Road(at Youngs Avenue) �yCOU�m,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS E�` ' Uri October 10, 2023 TOWN OF SOUTHOLD Ms. Sarah Lansdale, Director Tel. (631) 765-1809 Suffolk County p 9 Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #: 7854 Owner/Applicant: FI School District (Ferry View LLC contract vendee) Action Requested: construct a single family dwelling and an accessory garage Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: Encls. Site Plan/Survey: CHA, last dated May 18, 2023 OFFICE LOCATION: ®� S0MAILING ADDRESS: Town Hall Annex �� ® P.O. Box 1179 54375 State Road Route 25 �® �® Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1809 ® a� http://southoldtownny.gov ZONING BOARD OF APPEALS Town of Southold December 27, 2023 Martin Finnegan Attorney at Law P.O. Box 1452 Mattituck,NY 11952 RE: ZBA Appeal#7854, Fishers Island School District/Ferry View Reservoir Road, Fishers Island SCTM No. 10009-8-1 Dear Mr. Finnegan; Transmitted for your records is a copy of the Board's December 21, 2023, Findings, Deliberations and Determination, the original of which were 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. Sincerel Kim E. Fuentes Board Assistant Encl. cc: Building Department FINNEGAN LAW, P.C. 13250 MAIN ROAD P.O. BOX 1452 MATTITUCK,NEW YORK 11952 (631) 315-6070 MARTIN D. FINNEGAN,_ESQ. MFINNEGAN@NORTHFO k.LAW By Hand October 4th, 2023 Ms. Leslie Kanes Weisman, Chairperson Town of Southold Zoning Board of Appeals 54375 Route 25 PO Box 1179 Southold, NY 11971-0959 Re: Area Variance Application of Ferry View LLC Premises: Reservoir Road, Fishers Island, NY 06390 SCTM # 1000-009.00-08.00-001.000 Dear Chairperson Weisman and Members of the Board: With respect to the above-referenced Application, enclosed please find a check made payable to the Town of Southold in the amount of$1,750.00 representing the required filing fee and an original and eight (8) copies of the following documents for your review: 1) Notice of Disapproval dated August 11th, 2023. 2) Area Variance Application, including an attachment of explanation. 3) Project Description and Questionnaire Form. 4) Agricultural Data Statement. 5) Short Environmental Assessment Form. 6) Local Waterfront Revitalization Program Consistency Assessment Form. 7) Owner's Authorization and Applicant's Authorization. 8) Transactional Disclosure Forms for Owner, Applicant and Agent. 9) Color aerial photograph of the subject premises. 10) Copy of Building Permit Application. 11) Assessor's Property Record Card. 12) Deed (with Covenants 8s Restrictions) in Liber 7607 Page 551. 13) Ferry View LLC Articles of Organization and Operating Agreement. 14) Nine (9) prints of the survey/site plan prepared by Clough Harbour 8s Associates, LLP dated May 18th, 2023. 15) Nine (9) sets of floor plans dated April 61h, 2023, and attic plan and elevations dated August 91h, 2023, prepared by Brickmoon Design. Kindly advise if you require any further documentation to place this matter on your next available agenda for a public hearing. Thank you for your consideration. Very trul5negarn Martin MDF/as Encl. M 0313-96 10-09-97 05-1098 05-17-00 06-23-00 N 408.3 W 11-24-00 O 05-16-03 12 1054)9-05 • -1 �� ry p-123-087 0411-07 Oj�j m 10-05-07 042408 0430-08 N4Na W5 N 3 1 11-19-08 $ 3( 5.2A(d) 01-21-08 6.3A(c) 01-2512 !� 07-2412 1 05-02-13 ITI 0326-15 0416-15 09-0415 I 01-08-18 INSEHI n xaiei for Q /O N 1� O 3.3 Y1 HAY HARBOF IIDQD 9 4 04 Mal 3.5 8" Z 3Alcl � 3.2 ' 2.7A1c1 = 4 a 3 4 = 4 2.5A s 3.1 X C 1 1 2-9 � 1.eA 5 r ll ((())) I O 8 Ste E SEC. NO 130 8 OA 72.1? 3.OA(c) 1.9A 1 Co �•W 1 UMON FN" ,� A ,o SCNOOL R "A, $ 22.2 25.2 `MSTRICI No 4 ) O 3.4A 2.5A f a(( 29.8 01 23 3.OAIs g _ ) 56A y1 ply A 2.1 y m 2.3A(c) is 26.1 ,w 1.2A(c) rt Y 5 qO a 27.4 1.tA ® A 29.6 \9 2.2 '?.p NO ,d e 1 NO O ,� "' gyp. F�v��O\SS •a` 3.2 � " b U.S ' 2 9 � a 12 a 112 1 11A 15 7 y 16 NM3.M R a >18 rP Yh\ L °.f.e.nwL.. ------ -.m�o�.,d LAK -\-sw-- ,..w�a LSM --n-- wLess mro r.o,renwaf..u°-Es E oso,�...�o..� -�- frwr.frlsef re (21) G ---- or..11.. --L-- . p w 22 12.1 AM 11,121A O�YYYGAw 12.t A(.) .f-- r O i f / 6 / J Eli* ISAPPRr Al � 4 �-- /A J � ��J� 8 ♦ sw,.a` j. s / � 1 ( ,►L ' { o f ° i' 7 i 04.11.2023 0 RESERVOIR RD. i �• CRISP RESIDENC/ i b�►d��..CTS� z, `1 TAS� <�►"Yr�.� �"� �� o� ��' ... _ �S t E 2 GFi�I� t' �J G u w�. e 4.6.23 -rOtJ`�--��P ,.`� bfJl,,.1...\6!•�'� c--�.�c.>— ��,.. ' k 0 RESERVOIR RD CRISP RESIDENCE AA bU_ Ofzr Op -------41%\ �� . j i 00 1 � i -. � FpF1- �T��+i ; o ---- -- cam 4.6.23 0 RESERVOIR RD CRISP RESIDENCE 0 �t�lA3 �To �Ig-M�S"Cp A.r+o rl�s1 000 M. i? moo. , �-/AluZTir� �`t.r�.� - 00 FM Ell 1= i{�pE -.�yEL— L� '�e.N. "u z,��L �� Z,18�-T 0.�� 4.6.23 0 RESERVOIR RD CRISP RESIDENCE 29M ---------------------- --------------------- ------------ ----------- -- -------------— -------- -------- WASTER BED"M o. GARAGE PLAN 00 --------------------------- SCALE: 3/32" = l'-O" IMMM28 4*0249 Wray DN 0 ------------------------ ------------------- ------- ----------- ----------- ----------- L L--------- ------------ Gross Square Footage (per Town of Sou LOWER LEVEL 2,483 S.F. UPPER LEVEL . 2,186 S.F. TOTAL AC 4,669 S.F. FRONT PORCH 236 S.F. ATTIC LEVEL PLAN REAR PORCH 811 S.F. SIDE PORCH 243 S.F. SCALE: 3/32"= V-0" TOTAL PORCHES 1,290 S.F. 2 CAR DETACHED GARAGE 578 S.F. 08.09.2023 0 RESERVOIR RD. CRISP RESIDENCE F-1 ElE ............. 0 � Fd.FIA.ELEY AYG.GRADE --------——-- CONCEPTUAL SOUTH ELEVATION SCALE: 3/32"= l'-O" FIN.FIR ELEV ——- --------—-- - ---------------- AVG.GRADE _J -- ----—------- 08.09.2023 CONCEPTUAL NORTH ELEVATION 0 RESERVOIR RD. SCALE: 3/32"= 1'-0" CRISP RESIDENCE 0 O CONCEPTUAL EAST (FRONT) ELEVATION SCALE: 3/32"= 1'-0" O FTI 0 0 0 pq 08.09.2023 CONCEPTUAL WEST (REAR) ELEVATION 0 RESERVOIR RD. SCALE: 3/32"= 1'-0" CRISP RESIDENCE 0 OGM GARAGE S. ELEVATION GARAGE W. ELEVATION CONCEPTUAL BUILDING SECTION SCALE: 3/32"= 1'-0" SCALE: 3/32"= 1'-0" SCALE: 3/32"= 1'-0" r GARAGE SLAB ___---- n I -------------------------------I---------- __ an GARAGE E. ELEVATION GARAGE N. ELEVATION 08.09.2023 SCALE: 3/32"= 1'-0" SCALE:3/32"= 1'-0" 0 RESERVOIR RD. CRISP RESIDENCE Q Drawing Copydght®2015 1A, t15I 33 Wilbur Cross Way,Mansfield,CT 06268 101 East River Drive, 1st Floor �Z HAY East Hartford,CT 06108 HARBOR 860-885-1055 l wrww.chacompanies.com / 0a� Olt / SITE / 'so ?� CH15ELED CRO55 IN ROCK (NOT FOUND) ELIZABETH POD IN DESCRIPTION POOL EQUIPMENT AIRPORT / CONC. COVER N\F SURVEY MAP CHARLES F. CARROLL � �,�o PREPARED FOR: I AlN iIN ��o, e� FERRY VIEW LLC K I �fNCE SHED U.S.C.G.' \ BRA55 SURVEY LOCATION MAP SCALE 1 "=1000' RESERVOIR ROAD MARK "A" FISHERS ISLAND, (NOT FOUND) NEW YORK DUMI ' PSTER Q BOX �_' • \ N >>'2 MAP REFERENCES 1.) SURVEY MAP PREPARED FOR UNION FREE SCHOOL DISTRICT 4, RESERVOIR / O LL I I ROAD, FISHERS ISLAND, E YORK, ASSOCIATES ENG NEERING, ANDSURVEYING & ARCHITECTURE, BY CME PLC 3 � � m ' I 2.) SURVEY MAP PROPERTY TO BE CONVEYED TO CHARLES F. CARROLL, OI / RESERVOIR ROAD, FISHERS ISLAND, NEW YORK, SCALE: 1"=40', DATE: go ti 0- / 11/15/1993, BY CHANDLER, PALMER & KING o �Z A Z Q ' ¢ \ \ Q U o 11'70 `�a �`� \ NOTES NEI • � 'v 1 J \ < 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED `�� P 8 r0 \ p HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO co BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE F \ ENGAGEMENT. V ; � m \ + 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, - (� W \ \ /�Irv� UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO C etcu kO ALTER AN ITEM IN ANY WAY. 05 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF THE LAND SURVEYOR. -- 100' g \ \ IT IS A VD ATOM OF LAW FOR ANY PERSON,LUM 1HEY ARE SETBACK AC INO TINDER 1HE DIREC110N OF A LICENSED PROFESSIONAL 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETICENGINEER,AR ANffE,LANDSCAPE W ARCHITECT OR LAND U.S.C.G. DISK SURVEY TRIANGULATION STATION "PROS" SURVEYOR ro ALa AN ITE11 N ANY WAY.IF R nE1+EIEARER WIVE STAMP OF A LKAR09 PROFE5DSCAP IS ALTERED,1HE ALTERNO (FOUND) ENGINEER,ARCWTECI;LANDSCAPE ARakTECT OR LAND SURYEI'OR SHALL STMB�1HE DOCUMENT AND INCLUDE THE NOTATION'ALTERED BY FOLLOWED BY THE]It SIGNATURE THE �S 65'17'10" E 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, DALE OF 9"ALS aFtC DESCRIPMON SECTION 009, BLOCK 8, LOT 1. I A \ HE ALMIA7M. 14.99' 6.) DEED AREA TO M.L.W. = 2.40± ACRES. 898• AREA TO M.H.W. = 1.73± ACRES \ AREA TO COASTAL EROSION LINE = 51,250± SF (1.18± ACRES) N 1295.04 7.) SITE IS LOCATED IN R-80 ZONE. / 7 �S?• ry8' A;• W 5693.40 8.) AT THE TIME OF THIS SURVEY AN EASEMENT THAT IS REFERENCED IN LIBER y 7607 PAGE 551 WAS NOT ABLE TO BE LOCATED AND MAPPED. U.S.C.G. SCREW (FOUND) ss N\F I e� lift CL RAFFERTY TRUST / F �J �� PROPOSED „-�._ �o� tiY � �. �f o 4 4 Y RESIDENCECV / &o •3' : PROPOSED 4 FOOT 8 Q \ • HIGH GARDEN WALL a o j PRO S� W 10 N\F '4460� ' Q I MURRAY R. C LOUISE BURNHAMPACKARD ss ' LAG SCREW 11 Submittal I Revision App'd By Date No. IN CONCRETE 60' FRONT (NOT FOUND) YARD N— 8717'51"� : N SETBACK 63.\ S 1 ~ w LAG SCREW O I IN CONCRETE > LEGEND CHISELED CRO55 (NOT FOUND) LY 1 (NOT FOND) NCr\ s`�'3j dlb PROPERTY LINE � `� �Q �j ABUTTERS LINEEDGE OF —— ZONING SETBACKS 9�. �'� EDGE OF GRAVELNT ZONES REQUIRED PROPOSED N '1 DRIVEWAY BRUSH LINE FRONT YARD SETBACK 60 FEET HOUSE 40.3 FEET COASTAL EROSION HAZARD -J OVERHEAD WIRES o/W GARAGE 45.2 FEET AREA UNE SHEET 49-Fl OF 49 50' NOW OR FORMERLY N/F 13LUFF SETBACK 100 FEET HOUSE 100 FEET N\F UTILITY POLE -�- DECK 89.8 FEET N\F MURRAY R. METCALFE & FIRE HYDRANT SIDE YARD SETBACK 20 FEET & 25 FEET MORE THAN 20 FEET TOWN OF SOUTHOLD LOUISE BURNHAM PACKARD BOUNDARY POINT O & 25 FEET 1 COMBINED SIDE YARD 45 FEET MORE THAN 45 FEET N 89'25'20" W 1 SETBACK ELECTRIC BOX U.S.C.G. DISK IMPIROVEMENTS WITHIN 1,424 SQUARE FEET (FOUND) I & METER Designed By: Drawn By: Checked By: 13LUFF SETBACK / --- ZBC CB 1 30 15 0 30 60 Issue Date: Project No: Scale: 1 5/18/2023 082079 1"=30' :WV ' SCALE: 1" s 30' Drawing No.: SHEET 1 OF 1