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HomeMy WebLinkAbout7856 a s Owner: 411 Equestrian Ave LLC File M 7856 Address: Equestrian Ave r � Code: 17PA �l Agent Info Sam Fitzgerald Architect PC 15 E. Putnam Ave, #234 Greenwich, CT 06830 Phone: 860-287-3808 Fax: Email: sam@sfapc.net U NO �� OFFICE LOCATION: AILING ADDRESS: Town Hall Annex ��®F S®���® MP.O. Box 1179 54375 State Road Route 25 s`® 110 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) AL Southold, NY � Telephone: 631 765-1809 CA yy� http://southoldtowuny.gov RECEIVED ZONING BOARD OF APPEALS Y G 3:y wm Town of Southold d E 2 6 2023 FINDINGS, DELIBERATIONS AND DETERMINATION Southold Town Clerk MEETING OF DECEMBER 21, 2023 ZBA FILE: #7856 NAME OF APPLICANT: 411 Equestrian Avenue, LLC PROPERTY LOCATION: 411 Equestrian Avenue, Fishers Island,NY. SCTM#1000-9-4-3 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type Il category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 thru A14-25. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a 2,400 square foot lot located the HB (Hamlet Business)Zoning District. The northerly property line measures 75 feet, the easterly property line measures 32 feet and is adjacent to Equestrian Avenue, the southerly property line measures 75 feet and the westerly property line measures 32 feet. The current 100-year-old commercial two-story building is improved as a ground floor retail shop with a second-story finished attic apartment that is accessed by an interior stair. There is an existing roof deck at the. r ear of the building, for the use of the accessory apartment as shown on the survey map prepared by Craig P Bigger. LS, and dated June 8, 2022. BASIS OF APPLICATION: 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 yard setback of 25 feet; 4) more than the code pennitted 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. RELIEF REQUESTED: The applicant requests variances to construct additions and alterations to an existing commercial building, inclusive of expanding second floor accessory apartment. The proposed construction, on this 2,400 square foot lot in the HB (Hamlet Business) Zoning District, is not permitted pursuant to the Bulk Schedule which requires a front yard setback of 15 feet, a minimum side yard setback of 10 feet a combined side yard setback of 25 feet and a maximum lot coverage of 40%. The proposed construction will have a front yard setback of 10 feet, a minimum of side yard setback of 1.9 feet,a combined side yard setback of 3.5 feet and a lot coverage of 49.6%. In addition,the proposed construction is not permitted pursuant to 280-45C(2)(f): which states, "The apartment(s)shall T Page 2,December 7,2023 #7856,411 Equestrian Avenue SCTM No. 1000-9-4-3 not comprise more than 50% of the principal building." The proposed apartment will comprise 70%of the principal building. The Site Plan drawings and photos prepared by Sam Fitzgerald,Architect,PC and dated July 6,2022 show the proposed changes to the second floor. There will be no changes to the number of floors and no increases to the building footprint. ADDITIONAL INFORMATION: The applicant is proposing to construct an addition to the existing second floor apartment. The addition will be located on the rear half of the building, with no change in the character of the streetscape as shown on the Site Plan drawings and photos prepared by Sam Fitzgerald,Architect,PC and dated July 6, 2022. This block is quite dense and is the only commercial stretch on Fishers Island. The proposed addition,the size, height and volume of the building will still fit within the character of the street. The existing roof deck at the rear of the building will be reduced in size and rebuilt but will maintain the existing side and rear yard setbacks. There is a shortage of affordable housing on Fishers Island. The accessory apartment is being improved to make a viable dwelling unit for a year-round resident. 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. This is a commercial property located in the only stretch of commercial buildings on Fishers Island. An apartment already exists and the applicant wishes to expand the unit for rental to a year-round resident at an affordable price. The architectural proposal in in keeping with the look of this commercial area. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The variance process is necessary due to the nonconforming existing setbacks. The parcel is quite small for its zone, making setback conformity impossible. 3. Town Law X267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing the following relief from the code: 1) Code requires 15 ft. front yard setback; they have a proposed 10 ft. front yard setback=33.33% 2) Code requires minimum side yard setback of 10 ft.; they propose 1.9 ft. setback= 81% 3) Code requires combined side yard setback of 25 ft.; they propose 3.5 ft. setback= 86% 4) Code requires 40% lot coverage; they propose 49.6%=24% 5) The apartment shall not comprise more than 50% of the principal building=the proposed apartment will be 70%of the building=40% However,the building is more than 100 years old and even with the expansion of the existing second floor apartment, the building's setbacks, footprint or height will not change. 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.The existing sanitary system is relatively new and the number of bedrooms is proposed to be reduced so the existing sanitary is code conforming. Page 3,December 7,2023 #7856,411 Equestrian Avenue SCTM No. 1000-9-4-3 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 §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an expanded rebuilt apartment 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 Acampora, seconded by Member Weisman(Chairperson), and duly carried,to GRANT the variances as applied for, and shown on the survey map prepared by Craig P. Bigger and dated June 6, 2022 and Site Plan drawings and photos(16 sheets)prepared by Sam Fitzgerald, Architect, PC,revised date July 13, 2023. (signed by S. Fitzgerald on October 3, 2023) 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 reliefgranted herein, will result in delays and/or apossible 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) Leslie Kanes Weisman, Chairperson Approved for filing /7-7-4--2023 UDrawing Copyright®2015 RECEI!►Ea CT 11 2023 REC.- )CT 0 33 Wilbur Cross Way,Mansfield,CT 06268 �0� 'G BOARDOF"PEALS � 2023 F 101EasttHartfordRiver rlCT 06108ve,1st or 0I 860-885-1055 1 www.chacompanies.com pealsPIPE ... w tv (FOUND) Z ` WATER UNE NIF SURVEY MAP EASEMENT SUZANNE W. PARSONS $1PREPARED FOR: MON.NOT POUND Q WEST STREET LU ��Fti� A�k q�NU DAVID BURNHAM 39l ( ) EDGE OF LANDSCAPE c� 411 EQUESTRIAN AVENUE I � � '""`. 7/v-.�-.-��/�-/�-/�- - -.�- ' � 9�2 FISHERS ISLAND I I 34.44 75.00' w 1` HEDGE ROW F G S 82'52'00- ir NEW YO R K C U I 35.2' °' z z CID U /?Y33.50 PROPOSED STEPS 0.5' N F PROPOS SED BEACH PLUM LLC ovSTO Fl r4DOMON F NEVV ' X32.93 � FLOOR !GO La 33.04 A ./; P ' EXISTING BUILDING UNE 10.0' LOCATION MAP SCALE 1 "=400' 31.1Np EXISTING BUILDING ' =1,120± S.F. sal= / rn� : S 07*37 00 W ' z :32.51 v� a 32.00' z MAP REFERENCES �� 05110 5 J�� ti 4)w w v 1. PLAN MADE FOR JOANNE M.B. WALL, FISHERS ISLAND, NEW YORK, S J� / 3206. w rn � �•— to ' POLE 34.0 w SCALE: 1"=20', DATE: APRIL 19, 1979, BY CHANDLER, PALMER & #380 35, KING, PLAN F1636 ' MERESTONE IT IS A VIOLATION OF LAW FOR ANY PERSON,UNLESS THEY ARE It"/ (FOUND) N $2'52'00- Q ACTING ENGIINEER,ARCHI7ECTCLANDSCAPETION OF A UARCHITECTCENSED P CONAL W \ j/t SURVEYOR TO ALTER AN REM I1 ANY WAY.IF AN ITEM BEARING TH 75.00' J STAMP OF A LICENSED PROFESSIONAL IS ALTERED,THE ALTERING ,LANDSCAPE ARCHITECT OR LAND / 0.4' > � NOTATION'ASIOR A FOLLOWED BP THE �E R 51AND I NN THE U ` DATE OF SUCH r ALTERAALTERAIM TION.AND CIRC DESCRIPTION W W 1. THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE J , INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE ENGAGEMENT. ' ' 1 2. IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND N/F ' SURVEYOR, TO ALTER AN ITEM IN ANY WAY. TIDAL WAVES SHOPS LLC Y 3. ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND ' 3 SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ' ARE THE PRODUCT OF THE LAND SURVEYOR. ' 4. COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND t ' I GEODETIC SURVEY TRIANGULATION STATION "PROS" U ! 5. SITE IS IN 111E TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX ' MAP 1000, SECTION 9, BLOCK 4, LOT 3. POLE #25 6. TOTAL AREA = 2,400± S.F. (0.06±). �'1-, 7. SITE IS LOCATED IN ZONING DISTRICT HB (HAMLET BUSINESS). No. Submittal/Revision pp'd. By Date ' 0 )r w 1 W EST STREET N 2665.25 W 2323.84 IMPROVEMENTS PROPOSED SECOND STORY ADDITION ISLAND OUTFITTERS LEGEND OVER EXISTING FIRST FLOOR ZONING PLAN PROPERTY LINE ABUTTERS UNE —— EDGE OF PAVEMENT PROPOSED DECK EDGE OF GRAVEL / STONE WALL Designed By: Drawn By: Checked By: LANDSCAPING —v v�/�/�/�/�i�/�/— I ZNAL MAP _ OVERHEAD WIRES o/w ZBC CB NOW OR FORMERLY N W REVIEW ED BY ZBA Issue Date: Project No: Scale: UTILITY POLE –O– ; �;, Q N# ` 'S� 06-08-2022 076940 1"= 10' BOUNDARY POINT 0 IRON MONUMENT ® - MONUMENT ® 10 5 0 10 Drawing No.: GRAPHIC SCALE IN FEET SHEET 1 OF 1 N Y N RECEIVw ED z N vE Z r OCT 11 2023ES�R�PN" r g Ea ZONING BOARD OF APPEALS -'VARIANCE APPLICATION = w Zoning P °r Appeals Proposed addition to an existing non-conforming mixed use building o w � d.. w 411 Equestrian Avenue, Fishers Island, NY swTti County Tax Map 1000---Section 9--Block 4---Lot 3 FINAL MAP REVIEWED BY ZBA S�oF DECISION# X85 DATED: Proposed second floor addition(383sq. ft.). No increase in building footprint. .EEDAell AC Re-buildportion of � XI AM,ct existing roofdeck (maintain existing side o andrearsetbacks) k . °•02939 yO��F OF Gc �. E LU W S, oo LL a W EXISTING STRUCTURE PROPOSED STRUCTUREN REVISED 07/13/2023 in N Ln Z N ELI Z O RECEIVED s CE 411 EQUESTRIAN AVENUE, LLC OCT 112023 0Z Z 411 EQUESTRIAN AVENUE Zoning Board of Appeals Z FISHERS ISLAND, NEW YORK z SECTION 9, BLOCK 4, LOT 3 a 2,400 SF. +/— Existing Coverage: 49.6% S82'52'00"E 75.00' W Proposed•Coverage: 49.6% 0.5' 35.5PROPOSED o SECOND STORY ADDITION OVER Z EXISTING FIRST I o �" FLOOR € O Q o 0 N I _ E Area of Principal Building: 1,280 sq.ft. r� 31.1' I I = N ROSED 0 �L L Area of Accessory Apartment: 895 sq.ft. (70%of Principal Area) 15 V) f W 25' LgCOK' F SETBACK D O REAR YARD I �+ 0 SETBACK EXISTING 2 /2 STORY M I i MIXED-USE FRAME r- I ! BUILDING 0 0 o (RETAIL FIRST FLOOR; i� N Z ACCESSORY APARTMENT �f AL AP ABOVE) �, 0.4' EVIE Eft BY ZBA 75.00' N82'52'00"W �— PECISIO # 2ts-� GATED: I I 3 F-1 EXISTING STRUCTURE TO REMAIN _ r-- �aU ❑ PROPOSED 2ND STORY ADDITION ��� �I.I�M OVER EXISTING FIRST FLOOR 1� **VARIANCE REQUIRED ❑ PROPOSED SECOND FLOOR DECK b **VARIANCE REQUIRED** �> 0. 0299J Q� V_ w- WN 40 LL' Z� u. a SITE PLAN W pp SCALE °=io REVISED 07/13/2023 to !a cy) N z N W d 0 RECEIVED s LL � OCT 112023 ui LL W O Q Board of Appeals Z Zoning GARAGE z Zw ISLAND OUTFITTERS � / oQ p W W / O U / TIDAL WAVE CENTER OF / WATERLIN OWER LINES / / / ABOVE / / ' J v Q u') a / o / BEACH PLUM 0- 0293 BRICK WALK 1� � l 3 WEST STREET - W d � EMAP �E IREVIEWED BY ZBA � `DECISION# W DATED: uLt SITE PLAN s SCALE:1"=30' REVISED 07/13/2023 V) a RECEIVED Z N wZ o 5 N N � W t z LL Ld x.� ,y � � � •_ ,FINAL MAP M " REVIEWED BY ZBA Y.V r `M • 77 h r) ED: L3 •a $ , r i j} ED A&C . J ' f a. �' x. ��• .i � " s ' 40. 029 { jL p . a s ' , A4AA LL • �� � w i4 � .� � '41 a .:•/T�!- �1;. -i 'I'}. � y� ♦vw W� AERIAL VIEW Lj a Q REVISED 07/13/2023 1 1 � [ a• ray- • �F RCL - :� "� �'''�1`�s: . `'fir•", •�,.� -;•�,,,,,��'r:� .' �, ,,� � . •_ or "_ �, *�'L� F-fie �+•�^T'�-- v - . - . ��. � .i✓V��.. g tea' 3 7 - _ 'Y • �M - l�i�.�'f ,�t'� 7"_-a _ -.J�si 1 _ � ' •ate■ i f�'�� { _..�_.._._ .� :K � A --- �',�.>: .SCOP �`� ��, . r .. ., �.:,*.x,•' M • • Ya. RECEIVED OCT 112023 z � o 0 15S� w Z N J � 3 Zoning Board of Appeals LL � w Oa Z Q a z ^ AM ow w g ° ' �- may. ..- .. .-✓. _. '//� II _C 1 .a r n + STREET VIEW - EQUESTRIAN AVE FROM NORTH STREET VIEW - EQUESTRIAN AVE FROM SOUTH = y E a ARC y�T FCS NAL MAP W u -VIEWED BY BA T� 40 0 9 t7 =k-ISION* ,TED: � .. R VISED 07/13/2023 Z N Rcli ECEIVED / w z PHOTO ` g 112023 � � w OCT ? w of Appeals Zoning Board Z � F Zw PHOTO 2 --DIAL MAP QREVIEWED BY Z8A z DE . ION* g ED: w ccyLU OV PHOTO P N O �7 j� 4 0. 0293 9 LUI 0 o GFL u� PHOTOE Lu '9C WEST STREET N EXISTING SITE PLAN a� Do SCALE:1/32"=V-0" REVISED 07/13/2023 V) uW- RECEIVED 00 OCT 1 1 2023 z N wZ o Zoning Board of Appeals g w H � LL w Oa Z z ^ w g � MAP ED BY ZBA .. - ;.�,"�a"T-'"�x`e.-<...,,._,.... ,n;z, � +-•w. .,.�,�.. e ^� .gyp., - �e ^ v PHOTO 1 - EXISTING PHOTO 1 - PROPOSED SCALE:NOT TO SCALE SCALE:NOT TO SCALE i ED \\.k,l A M a. O — U') W �° 40. 02939 pQ� O Lo ,p D u- LL a w REVISED 07/13/2023 M V RECEIVED N > N CD OCT 112023 LU zCN wZ } 3 J N _ N � Board of Appeals w Zoning LL � w Oa Z oa z � w d w N a ionu Y e- Y PHOTO 2 - EXISTING PHOTO 2 - PROPOSED SCALE:NOT TO SCALE SCALE:NOT TO SCALE ��EUAp _� S\\�,1 F�1T�C•� 6 p � IiVAL MAP s� Cb 0. 0293 w REVIEWED BY ZBA DECISION# LL 'SATED: N W� REVISED 07/13/2023 V1 V C) RECEIVED T_ OCT 112023 w 10 N z N °g o � Zoning Board of Appeals L.- H 44;s. � w Oa Z N - r ■ - - f .y L 3.v PHOTO 3 - EXISTING PHOTO 3 - PROPOSED SCALE:NOT TO SCALE SCALE:NOT TO SCALE i y E) A G� FINAL MAP REVIEWED BY Z BA s 40. 02939' � DECISION# 77L o C W DATED: 1 ) )-i 13 LL <- b $ 1� iW§ REVISED 07/13/2023 W RECEIVED �' z N w � OCT 112023 J LLw 2 LL Zoning Board of Appeals =O a Z �. a zw g7 L a 01 11; J r' PHOTO 4 - EXISTING PHOTO 4 - PROPOSED SCALE:NOT TO SCALE SCALE:NOT TO SCALE i EU Aa qe y/ FINAL MAP REVIEWED BY ZBA s� do 02 DECISION# S � � o � � 0 w� DATED: z� � a N REVISED 07/13/2023 4A N RECEIVED N Z N C) OCT 1 12023 3 w � 1. N � L Zoning Board of Appeals - : LL — 0Q Z � w ad J w Existing Retail Balcony I Above 1 — ---------❑— ------ DN I L- ❑ EXISTING STRUCTURE TO REMAIN I MECHANICAL f= L PROPOSED NEW SECOND FLOOR DECK El **VARIANCE REQUIRED** PROPOSED FIRST FLOOR PLAN -- I I I I---- �___ Existing --J RetailRED A ACy� -- J DN a = - Q 3 N i tP O w W D 0. 029399 TIINAL MAPuj = W� REVIEWED BY ZBA �. EXISTING ATTIC FLOOR PLANDECISION# s� SCALE:1/8"=1'-0" DATED: REVISED 07/13/2023 N1 u-0 M ' I I SINK I DW I .,i . RECEIVED s N Z N Lu o cli Z Kitchen Laundry/Storage g OCT 1 12023 r�� _�_. CLOSETS w 00 00 REF. UP ui Zoning Board of Appeals Q Closet Q Dining/Living Room j N DN Balcony Bedroom ❑ EXISTING STRUCTURE TO REMAIN Bath PROPOSED ADDITION L J i ❑ **VARIANCE REQUIRED** I II II �� ' ""� '� PROPOSED NEW SECOND FLOOR DECK **VARIANCE REQUIRED** PROPOSED SECOND`FLOOR PLAN SCALE:1/8"=1'-0" L. _ .. ... r ON W Bathroom711N Bedroom E 7-7 x 7-b12'-10'x 8'-4' - a/� 15:DeCk-0 - .... �\�\`1,l M F�� Kitchen Living/Dining * Q ^ L 7'-1•x9'-3' Existing 16'-2'x111. 51 Apartment LJ.I LQ spy �0 029399 (� AL MAP F E � ZL ' REVIEWED BY ZBAit a - EXISTING SECOND FLOOR PLAN DECISION# � f 3 I SCALE:1/8"=1'-0" � N DATED : REVISED 07/13/2023 to RECEIVED OCT 112023 (n > N Z N Lu CN O j � g Board of Appeals LL10 Zoning � DN ve LL Z — w L� -� L•----- .. O -- Z Z w Q d J w I N v I I I I Attic Space F-1 EXISTING STRUCTURE TO REMAIN I 10'-0"x 33'-6" I I I I I I ❑ PROPOSED ADDITION **VARIANCE REQUIRED** PROPOSED ATTIC FLOOR PLAN SCALE:1/8"=1'-0" -. A&C !� I I Attic Space J DN I * Q ~ t0 0 No. 0 93g; r 3 r � W- L_ W �a g i A � _ AL MAP W� EXISTING ATTIC FLOOR PLAN j1I� �Y Z SCALE:1/8"=1'0" d 7 �8 BA {i -- N IATED i �: REVISED 07/13/2023 to RECEIVED �- ____ ........ . _. _.. t n > N Z N Wz O _I � 5 J - , L .., 1 1. .: O z C) w m m N01 d El ----JTFF PROPOSED SOUTH ELEVATION PROPOSED EAST ELEVATION SCALE:1/8"=1'-0" SCALE:1;8'_"-0" I ❑ EXISTING STRUCTURE TO REMAIN El ❑ PROPOSED 2ND STORY ADDITION OVER EXISTING FIRST FLOOR **VARIANCE REQUIRED** -1 r :-—- D] PROPOSED NEW SECOND FLOOR DECK IT11 ® Fmi 771 **VARIANCE REQUIRED** M Ifl EUA O * g D Lia s� 40. 029 g9 W u� EXISTING SOUTH ELEVATION EXISTING EAST ELEVATION w SCALE:1/8"=1'-0" SCALE:1/8"=1'-0" FINAL MAP w L REVIEWED BY Bp (�� ?/S LLs� DECISION* a" REVISED 07/13/2023 4A RECEIVED N > N z CNO OCT 1 1 2023 r s 0 CN m LZw p i n g So-rd of A - � LL ppeals - �=`� �. Ld Z w - m � mmm m mED - - 00 PROPOSED WEST ELEVATION PROPOSED NORTH ELEVATION SCALE:1/8"=1'-0" SCALE:1/8"=1'-0" - – F-1 EXISTING STRUCTURE TO REMAIN ❑ PROPOSED 2ND STORY ADDITION OVER EXISTING FIRST FLOOR **VARIANCE REQUIRED** -- PROPOSED NEW SECOND FLOOR DECK - --- — El **VARIANCE REQUIRED** E) qqc ........... J. all _ a --- --------- * �t J - tp o p 40 EXISTING WEST ELEVATION EXISTING NORTH ELEVATION ��OF N-NyOQF SCALE:1/8"=1'-0" SCALE:1/8"-1'-0" L AL MAP IEWED BY ZBA Zr,: SXON# ? REVISED 07/13/2023 to D, -• S V 'Y RECEIVED FORM NO.3 OCT 0 2023 TOWN OF SOUTHOLD Zoning Board of Appeals BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: September 16,2022 RENEWED:September 13,2023 AMENDED:September 13,2023 TO: Sam Fitzgerald(411 Equestrian Avenue LLC) 15 East Putnam Avenue,#234 Greenwich,CT 06830 Please take notice that your application dated July 11,2022: For permit to:construct additions and alterations to>an existing commercial building(inclusive of expanding second floor:accessory apartmeni).at: Location of property:Equestrian Avenue.:Fishers.Island,NY County Tax Map No. 1000—Section 9 Block 4 Lot 3 Is returned herewith and disapproved on the following grounds: The proposed construction,.on'-this'"2,400 sg..fi..lot,in-the-HB.District:isnot permitted pursuantto the Bulk Schedule which requires a.front'yard'setba6k of 1S=feet,a minimum side yard setback'of�l o:feet;-a combined-side yard setback of 25.feet and maximumlot coverage of 40%0. :The proposed construction will have alront and setback of l0 fee a-minimum-side aid setback-of 1&fee6acombined sideyard, 'setback:of3.S feet and.lot coverage.at 49.6°Jo. � -In-addition,,the proposed c'onstru'ction=is-noiaermntedpursuant-to 28,545C(2)f which states,"The .apartment(s)shall not comprise-more than 50%ofthe:principal building".The_proposed apartment will be 70%-of thtprincipalbuildIing. �Al Authorized Signatu. Note to Applicant:Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. } O CC:file,Z.B.A. � 7 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: September 16,2022 TO: Sam Fitzgerald(411 Equestrian Avenue LLC) 15 East Putnam Avenue,9234 Greenwich,CT 06830 Please take notice that your application dated July 11,2022: For permit to: construct additions and alterations to an existing commercial building(inclusive of expanding first floor retail use and expanding second floor accessory apartment)at: Location of property:Equestrian Avenue,Fishers Island,NY County Tax Map No. 1000—Section 9 Block 4 Lot 3 - Is returned herewith and disapproved on the following grounds: The proposed construction,on this 2,400 sq.ft.lot in the HB District,is not permitted pursuant to the Bulk Schedule which requires a minimum side yard setback of 10 feet,a combined side yard setback of 25 feet,a rear yard setback of 25 feet and maximum lot coverage of 40%. The proposed construction will have a minimum side yard setback of 1.9 feet,a combined side yard setback of 13.7 feet, a rear yard setback of 10.2 feet and lot coverage at 63.1%. In addition,the proposed construction is not permitted pursuant to 285-45C(2)f:which states,"The apartments)shall not comprise more than 50%of the principal building."The proposed apartment will be 69%of the principal building. Lastly,pursuant to Article XXIII,Section 280-127,the Rroposed use equires site plan approval from the Southold Town Planning;Board. In addition,as per 285- ,which states,"Construction and/or remodeling of an existing structure to create an accessory apartment shall not trigger the need for site plan approval set forth specifically in S 280-127 and Article XXIV in general unless such construction or remodeling results in an increase of the foundation size of the structure." The construction will result in an increase of foundation size. Authorized Signature Note to Applicant:Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A.,Planning RECEIVED Fee:.$ Filed By: Assignment_No. :. .. . . :.. a APN.PLICATIOTO THE.SOUTHOLD TOWN:-BOA. 'd1PnXP Appe s AREA VARIANCE` House No. 411; Street Equestrian Avenue ; Hamlet. Fishers,Island;... SCTM 1000 Section. :9. .: Block 4 Lots) 3: .. .-Lot Size .05 ac.- . ,Zone HB I(WE)APPEAL THE WRITTEN DETERMINATION OF THE,BUILDING.INSPECTOR DATED: 8./1.2/23: . .-: BASED.ON SURVEY%SITE'PLANDATED .. ."..971.3/23 : . .. Applicant(s)/Owner(sj;. 411 Equestrian:Avenue,:LLC. c/o Heather Bu*sham,. . { Mailing Address: 557 Hed 'e•Street,:Box 335, Fishers Island, NY . 9 : hfburnham@gmaii.com Telephone:.(63,1).788J662 Fax: _ . Email: @g 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 Representatiyec.,Sam Fitzgerald Architect, PC- . for(C)Owner( )Others .Agent Address: 15 E. Putnam Avenue, #234, Greenwich, CT 06830 Telephone:,(80).287-3808 Fax:. Email: sam sfa c net Please check to specify who.you wisli correspondence:to be mailed to,from the above names: ( )Applicant/Owner(s); QQ AuthorizedRepresentative, ( )_Other Name/Address:below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 8/1.2/23 and DENIED.AN APPLICATION DATED .. :7/11/23,.:.:: FOR: 00 Building Permit I Certificate:of Occupancy ( .)Pre-Certificate of Occupancy (-I Change of Use ( )Permit for.As-Built Construction (. )Other: Provision of the Zoning Ordinance Appealed.,(Indicate Article;Section,Subsection of Zoning Ordinance'by numbers.Do not quote the code.). Article: XXIII Section:t: 28 - Subsection: 1 80 24. 45c(2) . . . Type of Appeal. An Appeal`is made for: (A),A Variance to the Zoning Code:of Zoning Map. ( )A_Variance due.to lack of access required_by New York Town Law-Section 280-A: Interpretation of the Town Code,Article Section. ( ).Reversal or Other . A prior appeal )has, �has iiiot-been made at any.time.with resaectto this.prooerty,_ UNDER Appeal No(s):.. I. Year(s). (Please be sure to research before completing this question or call our olJice for"assistance) Name of Owner:. ZBA File# _ 1 _ . 1 .i REASONS FOR APPEAL («ease.be specifc;additiongl.sheets'may be usea .:..,iprepares s signature notarized): 1:An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,-because: RECEIVED The e)asting 100-year old building contains a retail shop on the first floor and.an access 1 12023 apai rnent on the second floor.There is a finished attic in the apartment;.a by an interior stair. Zoning Board of Appeals The propertyis located on the main commercial street on"Fishers island.' The:applicant:is-proposing to construct an addition to the wdsting secorid.floor apartment.Thee addition will be located on the rear half of the building,.with,no.change.in the character of the strdetscape.This particular block is quite dense—the only commercial stretch on Fishers Island —and even:wit_h'the proposed addition,the size,height and volume of the building will still fit well within the character.of the street: There is an wdsting roof deck at the rear of the building,for the use of the accessory apartment. This deck will be reduced.in size and rebuilt,but will maintain the eAsting side-and rear yard setbacks. 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:. Any work to a portion of a principal structure within existing non-conforming setbacks:must go through the variance process. This lot is quite small for its zone, making setback conformity impossible. I.The amount of relief requested is not substantial because: Even:with the-addition,the building's size,shape and volume will be commiserate with the other retail'and mixed use buildings on the block. 4.The-Nafiancewill NOT have an adverse effect or impact on the physical of environmental conditions in the neighborhood or district.because: No adverse impact. There"will be no increase to the building footprint. There will be no,new grading as part of this work: No increase:in.impermeable area. 5.Has.the alleged difficulty.been self created? W Yes,.or{ }No Why: the existing building was legally built at its. current site. The applicant is not seeking to legitimize.any legally.built structures."but is instead seeking the proper permits before undertaking.the project. Are:there any Covenants or Restrictions concerning.this,land? { } No W Yes(please furnisha.copy) This is the MINIMUM that is necessary and adequate;and at;t. same time preserve and.protect the character of the neighborhood and the.health,safety and.we]f of the community. S to before rmthis day [,2 - -20 Signator 'o Applic t:or.A, t oriz Agent (Agent mu_ _submit written Authorize kon _ Owner). No Publi ; d;SiL 4ak(am 6 a2 - 2 - 'PLICANT'S PROJECT DESCRIPTI Samuel W. Fitzgerald, agent, for - 411 Equestrian Avenue, LLC 6/23/2 APPLICANT: 2 DATE PREPARED: : 1:For Demolition-of Existing Building Areas �E_CEIVED Please describe areas,being removed:: - II:New,Construction.Areas(New Dwelling;or,.New Additions/Extensia„s):, eats zoning Board of App Dimensions of first floor extension: None Dimensions'ofnew_secoridfloor:: 24'=0":x 28:=4 (383 sq.ft.) Dimensions of floor above second level: None -Height_(from finished ground to top of ridge).: 27 Is basement or lowest.floor area Being constructed?If yes;please.provide height.(above ground)measured:from natural existing grade to.-first floor:- : No. III.Pro. . . Construction Description(Alterations ori Structural Changes) (At(ach extra sheet if necessary):Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: The existing building is a.2.5-story frame:building.of mixed,use:.-first.floor,retail; second:floor accessory a partment.3he.accessory ..,. ... . g` p, g. . . Y apartme.nf as.a anis a -attic. ,00r t .at as, een use , as ivin s ace since-ori ma ui t, ; ere is a large rootdeckon aback-side o building ui„ in use y e accessory, apartment. Number-of.Floors and CHariges WITH Alterations: :No change.to the number of floors:and no increase in building footprint. There will be a second floor addition totaling.383.sq.:ff.. The.large roof deck will be reduced:in size to:allow'for the new eidditioh.. IV..Calculatioris:of building area§.and`lot coverage(from surveyor): .. . . . . ft` builds 1,190;s Existing square.footage of buildings on your_properry .. _ q• ng area). Proposed increase of tiuilding,coverage; 'None*-. Square footage:of yourlot: Percentage of coverage of your lot-by building area:.: Existing A9.6%. Proposed:,No Change.--.49:6% . V.Purpose of New.Construction:`There.is 6, hortage of affordable;housing on Fishers Island.The... accessory apartment is-being improved,.tothAe:fora'viabl.e dwelling.unit for .year-round:resident.: VI:;Please describe.the:laud.cont ouri(flat;slope 6% heavily wooded,_marsh area,etc:)on your land and how:it:relates.to the.difficulty.in.meeting the.code .requirement(s): The-property Is on the main.commercial street on.Fishers Island. It is flat;with only a small lawn to the rear of the.lot:'.Some ornamental.vegetation. No increase:in..the:impermeable.suiface.area. See attached,photos:There:are;no difficulties:with,the land.contours in'meeting code: . requirements; Please.submit 8 sets of photos,labeled to.show'different angles of yard areas after staking corners for new constttiWon,and photos of building"area to be altered with yard view. 4/2012 - 3 - RECEIVED QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATIOIN OCT 1 1 2023 A. Is the subject premises listed on the real estate market for sale? Zoning Board of Appcais Yes X. No B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain.sand or wetland grasses? :No 2.)Are those areas shown on the survey submitted with this application? n/a ` 3.)Is the:property bulk headed between_ the wetlands area and the upland building area? n/a 4.)lr your-property contains weuanti5 or-poria areas,nave you contactea the Vince or the Town trustees for its determination of jurisdiction? n/a Please confirm status of your inquiry or application With the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?.n/a E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? None Please show area of the structures on a diagram if any exist or state none on the,above line. F. Do you have any construction taking place at this time concerning your premises? Yes. If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: Minor interior.alterations,to retail space; no change to footprint. G. Please attach all pre-certificates of occupancy and certificates of occupancy fon the subject .,premises. If any are lacking,please apply to fhe_Building Department to either.obtain them or to obtain an Amended'Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel?. Yes If yes,please;label the proximity of your lands on,your survey. I. Please list present use or operations conducted at this parcel Retail with accessory apartment and the proposed use same (ex:existing single family,proposed:same with garage;pool.or other) Authorized signature and bate - 4 - FORM NO. 4 RECEIVED TOWN OF SOUTHOLD OCT 1 1 2023 BUILDING DEPARTMENT Office of the Building Inspector Town Hall Zoning Board of Appeals —lopSouthold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-33902 Date: 08/17/09 THIS CERTIFIES that the building ROOF REPAIR Location of Property: EQUESTRIAN AVE FISHERS ISLAND (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 9 Block 4 Lot 3 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MARCH 1, 2007 pursuant to which Building Permit No. 32766-Z dated MARCH 1, 2007 was issued, and conforms to all of the requirements of the applicable provisions of the .law. The occupancy for which this certificate is issued is ROOF REPAIRS TO EXISTING COMMERCIAL BUILDING WITH APARTMENT AS APPLIED FOR. The certificate is issued to JOANNE M BURR (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELxC`rRTCAL CERTIFICATE NO. NIA PLUMBERS CERTIFICATION DATED N/A uth ized-"S ignature Rev. 1/81 RECEIVED AGRICULTURAL DATA STATEMENT OCT 1 1 2023 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Zoning Board of Appeals WHEN TO USE THIS FORM:.This form m.Ust.be completed by the applicant for any special use permit,. site.plan approval, use variance,area variance or subdivision approval on property within an agricultural district OR 4vithih 500 feet of a farm operation located in an.agricultural district All,applications requiring an agricultural data statement inust be referred to.the Suffolk County Department of Planning in accordance with Section 239nrand 239n of the General Municipal Law. 1. Name of Applicant:..Samuel_W..Fitzgerald, agent 2. Address of Applicants'l5.E. Putnam Avenue, #234, Greenwich;CT 06830 3. Name of Land Owner(if other than Applicant): Heather.Burnham; c/o 4.11 Equestrian Avenue, LLC 4. Address of LandOwner: 557 Hedge Street, Box 335, Fishers Island, NY 5._ Description of Proposed Project:.Addition to,existing second story.accessory apartment in 2.5 story frame retail.building. Roof deck off;of accessory apartment, with stairs down to grade 6. Location of Property:(road and Tax map number) .4.1.1 Equestrian Avenue; Fishers Island, NY,06390 SCTM.1.000 Section 9, Block 41 Lot 3 7. Is the parcel within 500 feet of a farm operation? {),Yes, {)<C}No 8. Is this parcel actively farmed? I ) Yes Do 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 namesand mailing addresses from the Town Ass_essor's Office (765-1937)or from the Real Property Tax Office.located in Riverhead. NAME and ADDRESS 1,. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) Signature f 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' 'ew 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. - 5 - Board of Zoning Anneals Application RECEIVED OCT 112023 AUTHORIZATION (Where the Applicant is not the Owner) Zoning Board of Appeals Heather Burnham, officer for 1, 411 Equestrian Avenue, LLC residing at 557 Hedge Street, Box 335 (Print property owner's name) (Mailing Address) Fishers Island, NY 06390 do hereby authorize (Agent) Samuel W. Fitzgerald, architect to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) (Print Owner's Name) AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the art of town offiFandjRECEWElleT1ie rose of this form is to rovide information which can alert the town of ossible conflicts of interest e whatever action is necessary to avoid same. 2023 YOUR NAME: Heather Burnham, officer for 411 Equestrian Avenue LL (Last name,first name,middle initial,unless you are applying in the name of someon else of o e � ,Wif MX�2a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 0 day of Q ,204,3 I Signature Print Name - 6 - i AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM .The Town-of Southold's Code of Ethics prohibits conflicts of interest on the hart of-town officers nd eMy' I es.Ei� 4;Graose of this form is to Provide inforniation'-whieh can alert the town of ossible conflicts of interest an allow it to take whatever action is necessary to avoid same. 223 YOUR NAME Samuel W. Fitzgerald, agent . I (Last name,first name,middle initial,unless yon-are applying in'the'name of someone Is t 3'+ �Lh ` ed15 company.If so;indicate the other person's or company's"name.) TYPE OF APPLICATION: (Check all'that apply) Tax grievance Building Permit, Variance XTrustee Permit Change of Zone -Coastal Erosion Approval,of Plat Mooring Other(activity) - - - Planning Do you personally'(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the.Town of Southold? "Relationship"includes by blood,marriage;or business interest:`Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or,employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A):through D)and/or describe in the space provided. The town officer or'employee or his or her spouse,sibling,parent,or,cbild,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 _d y of USi,20 v� Signature Print Name 1 Cl - 7 - RECEIVED OPERATING AGREEMENT OCT 112023 OF Zoning Board of€ippeals 411 EQUESTRIAN AVENUE LLC OPERATING AGREEMENT, made as of the.Ist day of February, 2021, by and l between HEATHER FERGUSON.BURNHAM, 557 Hedge Street-#335, Fishers Island, � New York 06390,DAVID C.BURNHAM ll,557 Hedge Street-#335, Fishers Island, New York 06390, such other individuals or entities that may subsequently become parties hereto by executing a copy hereof(such named individuals and any subsequent parties being referred to hereinafter individually as a"Member"and collectively as"Members"), and 411 EQUESTRIAN AVENUE LLC, a New York limited liability company with its principal office at 411 Equestrian Avenue, Fishers Island, New York 06390 (the "Company"). ARTICLE I OFFICES Section 1. Principal Office. The principal office of the Company shall be located at 411 Equestrian Avenue, Fishers Island, New York 06390. Section 2. Additional Offices. The Company may have such additional offices at such other place within or without the State of New York as the Members may from time to time determine or as the business of the Company may require. ARTICLE It MEETINGS - Section 1. Place of Meetings. Meetings of the Members shall be held at 3 1 RECEIVED unforeseen liabilities or obligations, for so long as the Members hall d ilrWgilary. (b) To the Members in proportion to the amounts i their '*a&xMUJq4s Zonin" ARTICLE XIV SUPERSEDING AGREEMENT Section 1. Superseding Agreement. This Agreement is effective as of the date first above-mentioned and it supersedes and replaces in its entirety any Operating Agreements for the Company entered into prior to the date hereof. Heather Ferguson Burnham rf David C. Burnham II 419 EQUESTRIAN AVENUE LLC By Heat er Ferguson Burnham, Managing Member The undersigned hereby accepts his appointment as agent of the Company pursuant to Article IV, Section &. Stephen L. Ham* Ill 22 r. ASSIGNMENT OF MEMBERSHIP UNI S RECEIVED 0 C T 1 1 2023 FOR VALUE ECEIVED, -Zoning Board of A PPeais R. BR16DFORD BURNHAM, 40 Fifth Avenue- #12E, New York, New York 10011 (the assign Ir), �(,>"-✓ DOES HERE Y assign, transfer and set over unto �C DAVID C. BURNHAM II and HEATHER FERGUSON BURNHAM, 557 Hedge Street, Fishers Island, New York 06390 (the EAssigneeso, Ten Thousand (10,000) outstanding membership units in 411 EQUESTRIAN AVENUE LLC, a New York limited liability company (the ECompanyo, standing in his name on the books of the Company, constituting 100% of the outstanding membership units in the Company, an� does hereby irrevocably constitute and appoint Stephen L. Ham, III, 38 Nugent StreefiSouthampton, New York 11968, attorney to transfer to the Assignees the said membersthip units on the books of the Company. Dated: February 1, 2021 f R. Bradford Burnham In Presence of 4A A AAA With-;ss RECEIVED OPERATING AGREEMENT OCT 112023 ' OF Zoning Board of Appeals 411 EQUESTRIAN AVENUE LLC 1�� OPERATING AGREEMENT, made as of the 1st day of February, 2021, by and between HEATHER FERGUSON BURNHAM, 557 Hedge Street-#335, Fishers Island, New York 06390, DAVID C. BURNHAM 11, 557 Hedge Street-#335, Fishers Island, New York 06390, such other individuals or entities that may subsequently become parties hereto by executing a copy hereof(such named individuals and any subsequent parties being referred to hereinafter individually as a "Member" and collectively as "Members"), and 411 EQUESTRIAN AVENUE LLC, a New York limited liability company with its principal office at 411 Equestrian Avenue, Fishers Island, New York 06390 (the "Company"). ARTICLE I OFFICES Section 1. Principal Office. The principal office of the Company shall be located at 411 Equestrian Avenue, Fishers Island, New York 06390. Section 2. Additional Offices. The Company may have such additional offices at such other place within or without the State of New York as the Members may from time to time determine or as the business of the Company may require. ARTICLE II MEETINGS Section 1. Place of Meetings. Meetings of the Members shall be held at 1 RECEIVED OCTIY223 the principal office of the Company or at such other place as may b determined by the Zoning Board of q Members. ppeals Section 2. Annual Meeting. An annual meeting of the Members for the election of the Managing Member and the Manager and for the transaction of any other business which may come before the meeting shall be held on the first Tuesday of July in each year, if not a legal holiday, and if a legal holiday, then on the next succeeding business day, or on such other date as is designated by the Members. The hour for such annual meeting shall be as designated in the notice of the meeting, or in a duly executed waiver of notice thereof. Section 3. Special Meetings. Special meetings of the Members for any purpose or purposes may be called by the Managing Member at the request in writing of a majority of the Members entitled to vote at such meeting. Any such call and request shall state the purpose or purposes of the proposed meeting. Business transacted at all special meetings shall be confined to the purpose or purposes stated in the notice of meeting given pursuant to Section 4 of this Article H. Section 4. Notice of Meetings. Written notice of every meeting of Members shall be given stating the place, date and hour of the meeting. Notice of a special meeting shall also indicate that it is being issued by or at the direction of the person or persons calling the meeting and shall state the purpose or purposes for which the meeting is called. A copy of the notice of each meeting shall be given by the Managing Member,,personally or by first class mail, not less than ten (10) nor more than fifty (50) days before the date of the meeting, to each Member or record entitled to vote at such 2 C�Ih'e D meeting. If mailed, such notice shall be deemed given when depo23 States mail, with postagethereon prepaid, directed to the MemberPPeais appears on the books of the Company, or if he shall have filed with the Managing Member of the Company a written request that notices intended for him be mailed to some other address, then directed to him at the address designated in such request. Section 5. Adjourned Meetings. If a quorum shall not be present or represented at a meeting, the Members entitled to vote thereat, present in person or represented by proxy, shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present or represented. At such adjourned meeting at which a quorum shall be present or represented any business may be transacted which might have been transacted at the meeting as originally notified. When a meeting is adjourned to another time or place, it shall not be necessary to give any notice of the adjourned meeting if the time and place to which the meeting is adjourned are announced at the meeting atwhich the adjournment is taken,and at the adjourned meeting any business may be transacted that might have been transacted on the original date of the meeting. Section 6. Waiver of Notice. Notice of meeting need not be given to any Member who submits a signed waiver of notice, in person or by proxy, whether before or after the meeting. The attendance of any Member at a meeting, in person or by proxy, without protesting prior to the conclusion of the meeting the lack of notice of such meeting, shall constitute a waiver of notice by him. Section 7. List of Members. A list of Members as of the record date, 3 nmXelir�;W3 certified by the Managing Member of the Company, shall be produceMembers upon the request thereat or prior thereto of any Member. I any meeting is challenged, the inspectors of election, or the person presiding at such meeting, shall require such list of Members to be produced as evidence of the right of the persons challenged to vote at such meeting, and all persons who appear from such list to be Members entitled to vote thereat may vote at such meeting. Section 9. Organization. At each meeting of Members,the Managing Member, or in his or its absence, a chairman chosen by a majority vote of the Members present in person or represented by proxy and then entitled to vote, shall act as chairman of the meeting. The person presiding at the meeting shall appoint any person present to act as secretary of such meeting. Section 10. Order of Business. The order of business at all meetings of the Members shall be as determined by the chairman of the meeting. The chairman of the meeting may rule on questions of order and procedure coming before the meeting or submit such questions to the vote of the meeting. Section 11. Quorum. The holders of a majority in interest of the Members present in person or represented by proxy shall be requisite and shall constitute a quorum at all meetings of Members for the transaction of business, except as otherwise provided by statute or by the Company's Articles of Organization. The phrase "a majority in interest of the Members" shall mean Members who, in the aggregate, shall hold in excess of fifty percent (50%) of the total number of outstanding membership units, as the same have been adjusted from time to time to reflect transfers of membership units. When a quorum is once present to organize a meeting, it is not broken by the subsequent 4 RECEIVEp 0 C T 1 Y 2023 withdrawal of any Members. A meeting may be adjourned despitEthesence of a Board of AP�eal� quorum in accordance with Section 5 of this Article If. Section 11. Voting, Each Member shall be entitled at every meeting of the Members to one vote for each membership unit having voting power standing in the name of such Member on the records of the Company, and such votes may be cast either in person or by written proxy. Membership units held by an administrator,executor,guardian,conservator, committee, or other fiduciary, except a trustee, may be voted by him, either in person or by proxy,without transfer of such units into his name. Membership units held by a trustee may be voted by him, either in person or by proxy, only after the units have been transferred into his name as trustee or into the name of his nominee. At any meeting of the Members, membership units with voting rights that stand in the name of a minor may be voted by the duly appointed and acting general guardian of such minor or of his estate, in person or by proxy; provided that if such guardian is not present at such meeting, either in person or by proxy, then the shares of the minor may be voted by the minor whether or not the Company has notice, actual or constructive, of the minority of the minor or of the appointment of a guardian for him or for his estate, and whether or not such guardian has in fact been appointed for the minor. Section 12. Proxies. Every Member entitled to vote at a meeting of Members or to express consent or dissent without a meeting may authorize another person or persons to act for him by proxy. Every proxy must be in writing and signed by the Member or by his duly authorized attorney-in-fact and shall be valid only if filed with the Managing Member of the Company prior to the commencement of voting on the matter in 5 Ethepro IVED 112023s regard to which such proxy is to be voted. No proxy shall be valid aion of 1 of Ap{�ccis eleven months from the date of its execution unless otherwise provided in xy:-Every-- -.] proxy shall be revocable at the pleasure of the Member executing it or of his personal representatives or assigns, except as otherwise provided by law. Section 13. Inspectors of Elections. In advance of any meeting of Members, the Members may appoint one or more inspectors to act at the meeting or any adjournment thereof. If inspectors are not so appointed, the person presiding at the meeting may, and on the request of any Member entitled to vote thereat shall,appoint one or more inspectors. Each inspector,before entering upon the discharge of his duties,shall take and sign an oath faithfully to execute the duties of inspector at such meeting with strict impartiality and according to the best of his ability. The inspectors shall determine the number of membership units outstanding and the voting power of each, the membership units represented at the meeting, the existence of a quorum, the validity and effect of proxies, and shall receive votes, ballots, or consents, hear and determine all challenges and questions arising in connection with the right to vote, count and tabulate all votes, ballots or consents,determine the result,and do such acts as are proper to conduct the election or vote with fairness to all Members. On request of the person presiding at the meeting or any Member entitled to vote thereat, the inspectors shall make a report in writing of any challenge, question or matter determined by them and execute a certificate of any fact found by them. Section 14. Voting by Ballot. Voting on any question or in any election may be by voice unless the presiding officer shall order or any Member shall demand that voting be by ballot. 6 RE:action p OCT23 t� Section 15. Written Consent of Members Without a ee ' Any9 Boat�required or permitted to be taken by vote may be taken without a meeting on consent, setting forth the action so taken, signed by the holders of all outstanding membership units entitled to vote thereon. ARTICLE III COMMITTEES Whenever the Company shall have more than three Members,the Members, by resolution adopted by a majority in interest of the Members, may designate from among themselves one or more committees, each consisting of three or more Members,and each of which, to the extent provided in the resolution, shall have all the authority of the Members, except that no such committee shall have authority as to the following matters: (1) The filling of vacancies in any committee. (2) The fixing of compensation of the Members for serving on any committee. (3) The amendment or repeal of this Operating Agreement, or the adoption of a new Operating Agreement. (4) The amendment or repeal of any resolution of the Members which by its terms shall not be so amendable or repealable. Each committee shall keep regular minutes of its proceedings and all action by such committee shall be reported to the Members at its meeting next succeeding such action. Each committee shall fix its own rules of procedure, provided that such rules are consistent with this Operating Agreement, and shall meet where and as provided by such rules or by resolution of the Members. The presence of a majority of the then appointed 7 RECEIVED ocr Y 2023 number of each committee shall constitute a quorum and in every case %@ffirmative vote Hing Board of Appeal's by a majority of the Members of the committee present shall be the act of the coal nittee--- --- -- Any action by the committee shall be subject to revision and alteration by the Members, provided that no rights of a third party shall be affected in any such revision or alteration. The Members may designate one or more Members as alternate members of any such committee, who may replace an absent Member or Members at any meeting of such committee. A Member may serve simultaneously on more than one committee. The Members shall have the power at any time to fill vacancies in,change the membership of, or dissolve any such committee. ARTICLE IV MANAGING MEMBER, MANAGER AND AGENT Section 1. Managing Member: Manager. The chief executive officer of the Company shall be the Member named herein or subsequently elected or appointed by the Members as the Managing Member and the chief operating officer of the Company shall be the Member named herein as the Manager or as subsequently appointed by the Managing Member as the Manager. The Managing Member and Manager must be Members. Section 2. Term of Office. The Managing Member and the Manager shall hold office for the terms for which elected and until their successors are elected or appointed and have qualified. Section 3. Removal and Resignation. The Managing Member and Manager may be removed by the Members at any time with or without cause, but any such removal without cause shall be without prejudice to the contract rights, if any, of the 8 RECEIVED OCT 112023 Managing Member or Manager so removed. The Managing Member an r ma 9 9 9 9 9 hi � oard y of Aof P cal resign from his or her respective position at any time by written notice to the Managing Member, subject to the contract rights, if any, of the Company. Section 4. Vacancies. A vacancy in the position of Managing Member or Manager, because of death, resignation, removal,disqualification or otherwise, may be filled by the Members, in the case of the Managing Member, or by the Managing Member, in the case of a Manager, for the unexpired portion of the term. Section 5. Powers and Duties in General. The Managing Member and the Manager shall be responsible for the management of the business and affairs of the Company, subject, however,to the right of the Members to conferspecial powers on others and subject generally to the direction of the Members. The Managing Member shall have the power to appoint or discharge, and to prescribe the duties and fix the compensation of, such Managers, agents and employees of the Company as he or she may deem necessary. The Managing Member and the Manager or agent,each acting separately and each either appointed in thisAgreement or by separate instrument signed by the Managing Member, shall be authorized to execute on behalf of the Company all contracts, lease agreements, deeds, tax returns, affidavits and other documents and instruments and to make such payments as may be necessary or appropriate in carrying out the business and affairs of the Company and the lease, sale and purchase of any assets. Unless otherwise ordered by the Members, the Managing Member shall have full power and authority on behalf of the Company to attend and to act and to vote at any meeting of security holders of companies in which the Company may hold securities, and at such meetings shall possess and may exercise any and all rights and powers incident to the ownership of such 9 t Len . ECEIVED securities and which, as the owner thereof, the Company might h $syd and I Y 2023 exercised, if present. oard of Appeals Section 6. Initial Managing Member. Managers and Afeetive-ora the date hereof, the Managing Member of the Company is Heather Ferguson Burnham, 557 Hedge Street-#335, Fishers Island, New York,and the Manager is David C. Burnham II, 557 Hedge Street-#335, Fishers Island, New York 06390, each of whom shall serve until his or her respective successor has been elected and has qualified or until his or her earlier resignation or removal. Effective on the date hereof, the agent of the Company is Stephen L. Ham, III, 38 Nugent Street, Southampton, New York 11968, who shall serve until his respective successor has been appointed or until his earlier resignation or removal by the Managing Member. ARTICLE V MEMBERSHIP UNITS Section 1. Issuance of Membership Units. The Company shall have the authority to issue ten thousand(10,000)units of membership interest("membership units) in the Company which may be represented by certificates as provided in this Article V. As of the date hereof, outstanding membership units are issued to the Members as set forth on Exhibit A annexed hereto. Section 2. Form of Certificates Representing Membership Units. T h e certificates representing membership units of the Company, if any,shall be numbered and entered in the books of the Company in the order they are issued. Each such certificate, if any, shall state upon its face that the Company is formed under the laws of New York, 10 1 Lsigned VED 2023 the name of the person or persons to whom issued, and the number oHJF its App ,D which such certificate represents. -Each such certificate, if any, shah�e— �e......,� Managing Member and shall bear the Company's seal or a facsimile thereof. Section 3. Lost Certificates. The Managing Member may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the Company, alleged to have been lost or destroyed. When authorizing such issue of a new certificate or certificates, the Managing Member may, in his discretion and as a condition precedent to the issuance thereof, require the owner of such lost or destroyed certificate or certificates, or his legal representative, to advertise the same in such manner as it shall require and/or give the Company a bond in such amount and with such surety or sureties as it may direct as indemnity against any claim that may be made againstthe Companywith respectto the certificate alleged to have been lost or destroyed. Section 4. Record of Members. The Company shall keep at its principal office, or at the office of its agent, a record containing the names and addresses of all Members,the number and class of membership units held by each and the date when they respectively became owners of record thereof. The Company shall be entitled to treat the holder of record of any membership units as the holder in fact thereof and, accordingly, shall not be bound to recognize any equitable or other claim to or interest in such share on the part of any other person whether or not it shall have express or other notice thereof, except as expressly provided by the laws of New York. 11 ' 1 ARTICLE VI OCT 1 999, ACCOUNTING AND RECORDS Section 1. Records to be Maintained. The Company shall maintain the � ... following records at its principal office or at the office of its attorney: (a) a current list of the full name set forth in alphabetical order and last known mailing address of each Member, together with information relating to each Member's initial capital contribution and number of membership units owned by him and voting rights appurtenant to such membership units; (b) a copy of the Articles of Organization and all amendments thereto, together with executed copies of any powers of attorney pursuant to which the Articles or any such amendment has been executed; (c) a copy of the Company's federal,state and local income or information tax returns and reports for the three most recent fiscal years; (d) a copy of this Agreement including all amendments thereto; and (e) the Company's books and records, including financial statements of the Company, which shall be open to inspections by the Members or their agents at reasonable times. Section 2. Reports to Members. The Company shall provide reports, including a balance sheet,statement of profit and loss and changes in Members'accounts, and a statement of cash flows, at least annual to the Members at such time and in such manner as the Members may determine reasonable. Section 3. Tax Returns and Reports. The Managing Member or the 12 RECEIVEn OCT 112023 Manager, at Company expense, shall prepare and timely file income t x returns ofAhe. Zoning Boor of Company in all jurisdictions where such filings are required, and the ompany shall prepare and deliver to each Member, within ninety (90) days after the expiration of each fiscal year, and at Company expense, all information returns and reports required by the Internal Revenue Code and tax regulations thereunder and Company information necessary for the preparation for the Members' federal income tax returns. ARTICLE VII TAXABLE YEAR The taxable year of the Company shall terminate on December 31 of each year. ARTICLE VIII COMPANY SEAL The Company seal, if any, shall have inscribed thereon the name of the Company,the year and state of its creation and the words"Limited Liability Company"and shall be in such form and contain such other words and/or figures as the Members shall determine. The Company seal may be used by printing, engraving, lithographing, stamping or otherwise making, placing or affixing, or causing to be printed, engraved, lithographed,stamped or otherwise made, placed or affixed,upon any paper or document, by any process whatsoever, an impression, facsimile or other reproduction of said Company seal. 13 1 FREC]lARTICLE IX 1 2B23 LIABILITY OF MEMBERS rd off lApp2al-5 � The liability of the Members shall be limited as provided under law. No Member shall be liable as such for the liabilities of the Company nor shall any member be an agent of any other Member of the Company solely by reason of being a Member. ARTICLE X INDEMNIFICATION Any person made or threatened to be made a party to an action or proceeding,whether civil or criminal, by reason of the fact that he, his testator or intestate, then, is, or was a Managing Member, Manager, Member, employee or agent of the l Company, or then serves or has served on behalf of the Company in any capacity at the request of the Company, shall be indemnified by the Company against reasonable expenses, judgments, fines and amounts actually and necessarily incurred with the connection with the defense of such action or proceeding or in connection with an appeal therein to the fullest extent permissible by the laws of the State of New York. Such right of indemnification shall not be deemed exclusive of any other rights to which such person may be entitled. Notwithstanding the foregoing, no Member, employee or agent shall be indemnified from any liability for fraud or for other willful misconduct, or for any other actions taken or omissions made in bad faith or with gross negligence. 14 I RECEIVED 9 ARTICLE XI OCT 2023 ASSIGNMENT AND TRANSFER OF MEMBERSHIP UNIT@iIn9 Bioses cf Appculs Section 1. Transfer Restrictions. Except as otherwise provided in this Agreement, no Member may make a transfer of all or any part of his or her membership units. For purposes of this Agreement, the term"transfer shall mean any sale, exchange, assignment, gift, pledge, grant of a security interest in or other alienation, disposition or encumbrance of any interest in the Company, other than a pledge or assignment of his or her interest in the Company to secure or guarantee any indebtedness of the Company. Section 2. Sale Options. If any Member shall desire to sell his or her membership units of the Company, such Member (the "Disposing Member") shall be permitted to sell" all (and not part) of the same to a bona fide prospective third party purchaser thereof only after first complying with the further provisions of this Section 2. (a) If the Disposing Member shall have found a prospective third party purchaser for all (and not part) of his or her membership units in the Company, the Disposing Member shall give written notice thereof to the Company and the other Members, which notice shall specify the name and address of such third party and the price and all of the terms and conditions(and other information)applicable to the proposed purchase of his or her membership units by such third party. (b) Thereupon, within sixty (60) days of the date of transmittal of such notice, a special meeting of the Members shall be called, which meeting shall be held at the office of the Company, or at such other place as the Managing Member shall designate. 15 RECEIVED i OCT 112023 (c) At such meeting,the other Members shall have the ption to purchase Zoning Board of App:ans the membership units of the Disposing Member upon the same terms a onditions-arrd-- V at the same price set forth in such notice(with each of said other Members being given the right to purchase a fraction of the membership units so offered for sale, the numerator of which fraction (as to each purchasing Member) shall be equal to the number of membership units then owned by the purchasing member and the denominator of which fraction shall be equal to the aggregate number of membership units then owned by all of the purchasing Members(other than the Disposing Member). Should any Member entitled to participate in such purchase be unwilling to purchase all (and not part) of the membership units of the Disposing Member which he or she shall be entitled to purchase, the same shall be offered for sale, at the time of such meeting,to the other Members(other than the Disposing Member). (d) Any of the non-offering Members shall have the right to extend for up to twenty(20) days from the date of such meeting the time to make a determination by him or her, with respect.to his or her exercise or non-exercise of the option granted to him or her hereunder, which extension option shall be exercised, if at all, at the time of such meeting of the Members. Should any such Member exercise such extension option, the time of the other non-offering Members to exercise their purchase rights, if any, with respect to the membership units of the Disposing Member so offered for sale shall be extended for a period of thirty (30) days from the date of such meeting. (e) If the aforementioned purchase option to purchase all (and not part) of the membership units of the Disposing Member shall be timely and fully exercised, 16 EX3 ED closing of such transaction shall take place within sixty (60) daysIL meeting. f. =Y� (f) If all (and not part) of the membership units of the Disposing Member shall not timely and properly be purchased by the non-offering Members, the Disposing Member shall have the right to sell all (and not part) of his membership units of the Company to said bona fide third party offeror, if at all,within one hundred fifty (150) days from the date of such meeting, but then only upon the same terms and conditions, and at the same price, specified in the aforementioned notice but subject to the assumption by such third party (by execution and delivery of a copy of this Agreement to the Company within ten(10)days after closing)of all of the terms,conditions, covenants, provisions and restrictions of this Agreement. (g) In the event such sale to said third party shall not take place within the prescribed period,the membership units of the Disposing Member which were the subject of such offer shall once again become subject to the terms of this Agreement, as if no such offer hereunder had theretofore been made. Section 3. Void Transfers Any attempted transfer in violation of the provisions of this Article without a written waiver by all parties to this Agreement shall be void and of no effect. Section 4. Exception for Approved Sales. The restrictions of Sections 1-3 shall not apply to any proposed transfer by a Member if the transfer is approved in advance by all of the other Members. Section 5. Deceased Members. Upon the death of a Member, the other 17 _ RECEIVED OCT 112023 1 Zoning Board of Appear Members (the "Remaining Members") may continue to carry on th ' ss—of-tIT-6 Company. Subject to the advance approval of the Remaining Members, the membership units held by a deceased Member may be transferred to the legal representatives of his or her estate, to any one or more members of his or her immediate family or a trust established for the benefit of any one or more members of his or her immediate family(the "Permitted Transferees"), free of the restrictions of this Article XI provided the Permitted Transferees become parties hereto by executing and delivering to the Company a copy of this Agreement. If the Remaining Members of the Company shall not approve of the transfer of membership units to the Permitted Transferees or any of them, within fifteen (15) days of the date of written request therefor, such membership units which otherwise would have been transferred to the Permitted Transferees shall be acquired by the Remaining Members in accordance with the provisions set forth in Section 2 hereof(in the same manner as if purchased from a Disposing Member). Section 6. Withdrawal of Members. No Member shall have the right to withdraw from the Company or to demand a return of his capital contribution at any time except upon termination and dissolution of the Company, unless agreed to by the unanimous written consent of the other Members. A transfer or assignment as provided for in this Article XI shall not be considered a withdrawal unless agreed to by the unanimous written consent of the Remaining Members. Section 7. New and Substituted Members. Any person, including an existing Member, to whom a membership unit or membership units are transferred may become a New or Substituted Member,with respectto membership unit(s),and participate 18 RECEIVED OCT 1 1 2023 in the control of the Company accordingly (including, but not limit d to, the election of Zoning Board of Appeals Managing Members) only upon the unanimous written approval Members. I / <& ARTICLE XII MANAGEMENT OF REAL PROPERTY Section 1. Identification of Real Property. As of the date of this Agreement, the Company is the owner in fee simple of real property situate at 411 Equestrian Avenue, Fishers Island, Town of Southold, County of Suffolk and State of New York with the Suffolk County Tax Map number 1000-009.00-04.00-003.000 (the "Real Property"). Section 2. Certain Rights and Obligations Concerning the Real Property. (a) To the extent the Company shall not be able to cover the same with funds on hand or available through lease or other revenues, the Members shall share in proportion to their membership units in the reasonable expenses incurred in connection with the use, occupation and rental of the Real Property, including, without limitation, any expenses incurred for maintenance and repair, utilities, taxes, insurance charges,and principal and interest payments on account of any loans. Each Member shall be individually liable to the other Members for any expenses affecting the Real Property or the use thereof which he may incur for his particular benefit or that may result from his particular acts or omissions. Each Member shall be entitled to be credited with a proportionate share (based on the number of membership units standing in his or her name) of the net income derived from the use, occupation and rental of the Real Property 19 1 3 RECEIVED OCT 1 1 2023 but no Member shall be entitled to compel distribution of the same. Ifp� i4191 fbQ I �:., a Member for his or her share of operating expenses shall remain unpaid as of the date of distribution of net income from, or the net proceeds of sale of, the Real Property, they shall be offset against such Member's share of net income or net proceeds, as the case may be. (b) Determinations as to the improvement,maintenance, renovation,repair, lease or sale of the Real Property shall be made by Members holding a majority of membership units in the Company, but any lease of the Real Property shall be binding on the Company if the agreement therefor is signed by the Managing Member, any Manager or the agent of the Company. Section 3. Renovations of and Improvements to the Real Property. The Members understand, intend and agree that it will be in the best interests of the Company that repairs, renovations and improvements be made to the commercial building with apartment now located on the Real Property and that the same be undertaken under the direction of the Manager as soon as possible after the execution of this Agreement. The Members further consent to the engagement of the Manager individually and/or an entity controlled by the Manager and/or the Managing Member to perform the work in connection with such repairs,renovations and improvements and to be compensated by the Company in such amounts and at such times as the Managing Member may determine. ARTICLE XIII TERMINATION AND DISSOLUTION OF THE COMPANY Section 1. Events of Dissolution. The Company shall be dissolved upon 20 RECEIVED OCT 112023 earliest to occur of the following Events of Dissolution: Zoning Board of Appeals (a) the Members vote in accordance with this Agreement and applicable law in favor of termination and dissolution of the Company; (b) the term of the Company expires; or (c) upon the death, retirement, resignation, expulsion, bankruptcy or dissolution of a Member or occurrence of any other event which terminates his continued membership in the Company, unless the business of the Company is continued by the written consent of those of the Remaining Members owning at least fifty percent(50%) of the membership units, or as otherwise provided in the Articles of Organization of the Company. Notwithstanding the dissolution of the Company, the business of the Company and the affairs of the Members, as such, shall continue to be governed by this Agreement until the winding up of the Company occurs. Section 2. Distribution of Assets. Upon the occurrence of an Event of Dissolution of the Company, the Members shall wind up all Company affairs, and proceed to liquidate all Company assets as promptly as is consistent with obtaining their fairvalue, and shall apply and distribute the proceeds in the following order: (a) To pay the debts and liabilities of the Company and the expenses of liquidation, in the order of priority as provided by law, and set up any reserves which the Members shall deem reasonably necessary to provide for any contingent or unforeseen liabilities or obligations of the Company. Any reserves so established shall be paid over to an escrow agent, to be held in escrow for the purposes of paying such contingent or 21 1 RECEIVED i unforeseen liabilities or obligations, for so long as the Members shall deemd*�gejefs_arh (b) To the Members in proportion to the amounts intheir capital accounts. ARTICLE XIV Zoning Board of Appeals SUPERSEDING AGREEMENT �. Section 1. Superseding Agreement. This Agreement is effective as of the date first above-mentioned and it supersedes and replaces in its entirety any Operating Agreements for the Company entered into prior to the date hereof. i 4 Heather Ferguson Burnham David C. Burnham II 411 EQUESTRIAN AVENUE LLC By Heat iAerFerkguson Burnham, Managing Member The undersigned hereby accepts his appointment as agent of the Company pursuant to Article IV, Section 6. Stephen L. Ham, Ill 22 CEIVED OCT 1 1 2023 EXHIBIT A Zoning Board of Appeals Heather Ferguson Burnham 5,000 membership units David C. Burnham II 5,000 membership units 23 617.20 Appendix B Short Environmental Assessment Form _ /f gif RECEIVED Instructions for Completing OCT 112023 ft ` Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be s j�Q,t to further verification. Complete Part 1 based on information currently available. If additional research or investigation uld�e�i- e8�� d�firfbgP�als respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: 411 Equestrian Avenue, LLC Project Location(describe,and attach a location map): SCTM 1000 Section 9, Block 4, Lot 3 411 Equestrian Avenue, Fishers Island, NY 06390 Brief Description of Proposed Action: Seeking a zoning variance for a proposed second story addition (383 sq. ft.) to the accessory apartment of a existing 2.5-story frame retail building. Roof deck off of the accessory apartment with stairs down to grade. Name of Applicant or Sponsor: Telephone: 860-287-3808 Samuel W. Fitzgerald, agent E-Mail: sam@sfapc.net Address: 15 E. Putnam Avenue, #234 City/PO: State: Zip Code: Greenwich CT 06830 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: ZBA, Planning Board, and Building Department X 3.a.Total acreage of the site of the proposed action? + - acres b.Total acreage to be physically disturbed? .01 +/- acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? .20 +/- acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial )Q Commercial X Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 - 13 - 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? RECEIVED I X 6. Is the proposed action consistent with the predominant character of the existin�built or natural NO YES landscape? I OCT 112023 1 X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? O YES If Yes,identify: Fishers Island , 7n ' n Rna it r.,f Aannl X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. 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? IN NO❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO IN YES An rool water Win be directed throughdownspouts, which are tied to drywells a contained on the property. Page 2 of 4 - 14 - 18.Does the proposed action include con-__-tion or other activities that result in the impo___nent 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 lof an acAW r 1 O YES solid waste management facility? If Yes,describe: -7—; J Pnmrri of Anne 1E X 20.Has the site of the proposed action or an adjoining property been the subject of remediation tonjbi4g or NO , YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORr[ATIONPR VIDED BOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: j Date: Ul Signature: sbinAleE 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 - 15 - -Nn or-- Moderate REC[:MS to large impact ir ipact nay OCT �dttt'n'3 C � oiccur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? Zoning oa-d ofAppeals 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an. environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 - 16 - Town of Southold LWRP CONSISTENCY ASSESSMENT FORM -' RECEIVED A. INSTRUCTIONS OCT 112023 1. All applicants for permits* including Town of Southold agencies, stall com Tete this CCAF ;for f3. �d•of .. q proposed actions that are subject to the Town of Southold Waterfront C di��'�� y eview' aw._`I Fus assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,'the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 9 - 4 - 3 The Application has been submitted to(check appropriate response): Town Board Planning Dept. ® Building Dept. © Board of Trustees 0 ZBA 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g. grant,loan, subsidy) (c) Permit,approval,license,certification: Fifl Nature and extent of action: Seeking a zoning variance for a proposed second story addition to the accessory apartment of a existing 2.5-story frame retail building (383 sq. ft.). Roof deck off of the accessory apartment with stairs down to grade. - 8 - Location of action: 411 Equestrian Avenue, Fishers Island, NY 06390 Site acreage: .05 +/- acres R ECE__ IVEI Present land use: Retail with accessory apartment 4 OGT lie 2023 Present zoning classification: FiB ` zoning Board of Appeu":� 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: Samuel W. Fitzgerald, agent (b) Mailing address: 15 E. Putnam Avenue, #234, Greenwich, CT 06830 (c) Telephone number: Area Code( ) 860-287-3808 (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No X❑ If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes [:] No Q Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt With the proposed additions, the building will still be of a size commiserate with the other retail buildings on the block. All of the proposed construction activity will be to the rear half of the building, with no deleterious change to the building's appearance from the street. 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 ❑ NO0 Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt The building was built around 1920 as a retail store with apartment above. The building has not been materially altered since it was built.The proposed additions and alterations will be of the same character as the original house. - 9 - Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout t e own o ou oTi� See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria RECEIVED f� 0 Yes 0 No N Not Applicable See LWRP Section 268-3(F)-minor LWRP actio is are exempt 11 2023 V No change to the visual quality of the neighborhood as a result of this work. Zoning Board ot Appeatt; /A Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria 0 Yes 0 No N Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No N Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt All roof water will be directed into downspouts and into drywells. The natural grade will not be modified in any way, so natural drainage courses have remained undisturbed. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. 0 Yes Q No N Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt - 10 - Attach additional sheets if necessary RECEIVED 1 Policy 7. Protect and improve air quality in the Town of Southold. See LNVRP Sbc�i y PI-Toliges Pages 32 through 34 for evaluation criteria. II 11 0 Yes ❑ No© Not Applicable See LWRP Section 268-3(F)-minor LWRP actions ao&Wblg Board of Ap ea 5 My 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. EdYes ❑ No © Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III–Policies; Pages 38 through 46 for evaluation criteria. © YeD No 1�1 Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt A bike path runs along the entire eastern half of Fishers Island, which encourages a polution-free alternate form of transporation. A fairly sophisticated program of recycling or removal of contaminants is already in place on Fishers Island. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III–Policies; Pages 47 through 56 for evaluation criteria. © Yes ❑ No © Not Applicable - 11 - -(-EIVE � i g 112023 v i Attach additional sheets if necessary Zoning Board of App-eels 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. DYesEl No © Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt 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. DYes ❑ No© Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt 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 See LWRP Section 268-3(F)-minor LWRP actions are exempt Created on 512510511:20 AM - 12 - TOWN OF SOUTHOLD PROPERTY RECOR OWNERS I �� a STREET VILLAGE DI LOT FORMER OWNER N ECS- ACR. r i c "7i�t tZ c t.. . �t... t� . 6 S S S W TYPE OF BUILDING 7ic✓4lJAvp Voy 4aS 1 r H RES.' SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 14-i,97 r r �� •o 'z Il Ic- Sia 95 SP a - S e �►--�� lPa — - --- _ 31) io-7 &V#� 3A7G6 PS 75-(�f t► k 4L(- $44(R5' oo Lf AGE .�► Lz � _ AGE , BUILDING CONDITION ----- - ----__----T — NEW NCRMAL I BELOW ABOVE FARM Acre �---- ��-- — Value Per Value Acre N Tillable _-- _ — FRONTAGE ON WATER i La o Woodland __ - --- -- FRONTAGE ON ROAD o -1 n a Meadowland DEPTH o Wei mC House Plot BULKHEAD ^' w Total DOCK C , 1� ice, � 4►, j ■■■■■■■■■■■■■■■■■i■N■■N■■■s ■N■■■■■■■■■■■■■ ■■■NN■■ - - ■■■■■■■■■■■I11f�l�■NNNNN■■ Now- ■■■■N■■■■■■■It■■■�i7■N■NNN■■ ■■�■■■■■■■iii■■■■■�INNn■N■ ■�■ ■■■■■a■■��■■■r�a■■■e■■Nn■ Bldg.M.Extension �■■■■■■■■■■■��■�s.mu■�■■■®■■N■ nn■■■■NNN■NNN�■�■�.i■��N N®■ ■■■■N■■■■N■1��■N��1■ ■N Extension ■■■■■■NN■■■■■�10■E:� 11 ■N■ 9 11 Extension Founda :. : Dinette BasementPorch Porch Ext. Wal!sInterior Finish LR. Breezeway Fire Place Heat D. Garage Type Ro Rooms I st Floor BR. Patio I Recreation Room- Rooms 2nd Floor FIN. B Dormer Driveway Total ,i 0 v 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 RECEIVED OCT 13 2023 Southold Town Clerk m of Southold -r.0 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 1.1952 Clerk ID: JENNIFER Internal ID:7859 i fFto T R WATT OR 3780 s FITZGERALD 5137/119 CT j C� f�¢`� 18545 Cr 06851-3817 lJ� Date i Order of It 1 o E ��`�111/// V Dollars pI. BAfVECOFA6VfERICA--® ' � ACH R(f 011400571 ' (�. o -� For '""�' i ° - I 1 RECEIVED 0 CT 1 3 2023 Southold Town Clerk 016100aa-6913-47e2-a2aa-42dOb6442b24 I<imf@southoldtownny.gov j AFFIDAVIT OF PUBLICATION 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. 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 _ r 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) 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@so utholdtownny.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/weblink/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 016100aa-6913-47e2-a2aa-42dOb6442b24 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 \����li l l l rrrrii GRAS STATE `,9 OF NEW YORK i NOTARYPUBLIC N Quall9od In Albany County 1 0-ZNotary Public Stamp C, 01RE8398443 i o 11i1,s/0N SOUTHOLD TOWN BD OF APPLS 1 BOARD MEMBERS rjF SUS Southold Town Hall Leslie Kanes Weisman, Chairperson O�� ly�l 53095 Main Road•P.O. Box 1179 Patricia Acampora O Southold,NY 11971-0959 Eric Dantes [ [ Office Location: Robert Lehnert,Jr. y Town Annex/First Floor Nicholas PlanamentoOl� ^a�Q 54375 Main Road(at Youngs Avenue) ONV 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: 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 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. 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.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) 53095 0-Min Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 �Y Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 Southold,New York 11971-0959 Y� Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: November 6, 2023 _ RE:INSTRUCTIONS FORPUBLIC 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 piepare for the ZBA public'hearing which includes:! PLEASE READ CAREFULLY. ' 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than 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. Instructions for ZBA Public Hearing �� 1 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 631-765-1809 or email us at kimf@southoldtownny.gov or elizabeth.sakarellos@,town.southold.Liy.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/DocumentCenterNie-vv/9694/TentativeRo112023 1IMPORTANT INSTRUCTIONS: iScan and email the USPS mailing receipts, green signature cards and affidavits to Mmf(a,southoldtownny.gov, and ** PROMPTLY USPS MAIL**.the ORIGINALS tol ,the Town of Southold;ZBA, P.O. Boz 1179, Southold, NY 11971. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. 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 dates)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. W Thank you, Donna i:*K.vt westermAvwt, zov.Gvu@ 1�,onrd of AppeaLs Town, Of southoLd - P.O. fox 1�D - +C 1 Laserfiche Instructions for Zoning Board of Appeals Records -rQW.N OF! 1 1 .rwYopx 5rartN 4 � Gtnrcrnmets S�;rvite isitin Ft4w I}o I.. 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Page L of Z Pir;t a i 2' 29 Entries Last modified Metadata 'itk:iSetGitat3 asswied ry.,r.rr � yt,-sr..<<,ram.'<n mxL+.s•v.td.:Kst{�>,.s .mn� Above: -The second of two pages you will find "Zoning Board of Appeals(ZBA)" in the list of Town of Southold Departments. Click the Zoning Board of Appeals(ZBA)folder/link. Laserfiche Instructions ZBA Files Page 2 Laserfiche We6Link o MywNar:nk I HNP i Aemx sign Ouc Home Browse Search f ownUfSotittofd>Zoning Board of Appeals iZON Name Page count ;Tearplate Fiame'• (,:71.��'�jer:(';..,:';."„fit{:>'S Zoning Board of Appeals .. (ZBA) .'.-a Alphabetical Index EMty Properties Board Amcnz s_I La—fiche Search Guides Path I MeeCng Schedules -M,,uf5ou9xil_t zui.1i'lg of A- eals;ZE}A) o MinucaslAgendasrLegal Notices7Heanngs Creation date 5,_i Pendng 7,1O 2GO!12:l',1::1,PM, L RCpOnS Last modified 5,212417 11:07:7:AM k i SPeoal Event P—ts .- Training Reclu--N ZBA OYda;s 2 Metadata Z�ZRAP..I.— "4oTteladcna;aSsignrd :, Exceotionr List Code 280-IOC 3t . lurisc Ktion Usting ZBA Rook of Mapr_d 1977 E—Ung Lots 789 acedure&Resuns mrynt.ybJy>�.ymc'stat)ses2e� �? Bulk SchMu`es _ _ _ _ 5 - _ _Agreements,Contrads&Leases oyga 1 of i ;a Entries Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on"Board Actions”folder to open. Laserfiche WebLink o My-NeoLnk :+ o.Ae«a:Sig7Ont Home Browse Search Ta mCl`>outhoio>Zoranf,Saari of Apf-:ass(ZEA)>Board Actions Name Page countme rempteta na Board Actions 1957-1979 Entry Properties 1950-1999 Path 000 Tow: w B.ofru of,:ppeeis;7.E.Ai1P,art;A0,3616 v 2001 Creation date Ll 2002 2003 Last modified .�,-. 2009 3124.'267711:35:07 AM r 2005 Metadata ;a;2006 lt0 Tletadura dSsiTned ,.:5 2007 r 2009 2009 „y 2010 &Resaffs faNyp-zm•-TMNr<d( 2011 2012 '3'-013 s 2014 20" 20,6 2017 acs Pending va.l+taltlOw[mmalie.INiP.P-rxl�xxlh[s2. Cz.,.,'r,.Ft �. _._.__ Above: Board Actions are listed by year. Click folder to-open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". Laserfiche Instructions ZBA Files Page 3 ----I I--- .- I-- ---------- come Browse iearth T—oo�od Z—V &;xrd-c,[—-2017 2017 da83 ads C Sward amen; Pain T-I—fd�!--.50— tre.W.dale -t, s Board acaam 1H'--W 7 'k '—.ddffied i1]Vs ar aoard anion. .16 70!7 70 —d sa eaardamons ss Bowra uvons —d Anions . ad- M7 —d—11 -d Acvanz Above: See listed File Numbers. Click on file you are searching. cashei 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 WebLinkk Home Browse Search C-td—S—C, w'( Soil results by- Relevance Records-Mar,.g.—t 5eald, 4-1 91 7016 neid name Board Actions-83 page(s) Choose Feld 7 Page count:83 Template name:Board Actions Reset Page 3...:Cohn and Kristen Cashel PROPERTY LOCATION:162 Lower Shingle Hill.7isner... Rage 4...19.2017:7016.Cashel SCTM No.100(-9-1-26minimus appro`/altoremo... rage 5...y 19.2017 97016.Cash.]SCTMNo.1000-9-1.26 GRANT.the variances as se—h terrnz lage9 COLIN&KRISTEN CASHEL SECTION 009 BLOC... Page 20...Thomas Ahlgren(Cashel),PO Box 342 ushers island,NY Show more information j 7018 Board Actions-56 pageis) Page count:56 Template name:Board Actions Page 19.-9'30 kM.,CQLi-IAIH i"—n .—I.Id,.corm ANN Page 48...ame(s)KRISTEN CASHEI-97016-Request proposed trellis located In other tha z 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 t� Laserfiche WabLink layw o"``"'IP At-1 " Home Browse Search TownO:SouthG.d>Zoning Board of Appeals(ZBA)>Minutes/Agendas/Legal Notices/Hear(ngs Minutes/Agendas/Legal Name. Page count aiemvlamnime% - 'i l Notices/Hearings ."v2/'- 1957-1979 .. Etltry Properties... 1980-1999 _...._._____.._-____,..__ {l 2000.2009 _ Path M 2010 ToroY10fSCwtllc;d'•ianin¢B0ard cit Appo& 2011 z rE}Al1M1nU[_lAgenddvLEg3! io 2012 h'Ot(CCL'f Iearipgi; Creation date fn 2013 r 7/':rn201.1157:40PM 'n 2014 Last modified ss".�2015 1"7J1Far2016_:'5:1,7'>M �2016 2 6letadata 2017 No necadata asagned Page 1 of I it Eno .rur+«a�.aMv-e.rc�r.Y oc�va e}IOW ti W.X,v>e•»a mss ici.=r.•r=�.«a Above:Also, Minutes,Agendas,and Hearing Transcripts can be viewed. I 0 My WebUnk I Help I Acout Laserfiche Web Link Home Browse Search Town0f5outhold>Zoning Board of Appeals(ZBA)>Minutes/Agendas/Legal Notices/Heanngs>2017 2017 Name Page count Template name ZBA-01,'05/2017 s Entry Properties ZBA-011052017 Agenda � Path _j ZBA OW05/2017 nearing 40 irnvnCfSoutno101ZCnmg Boartl Of Appeals •�ZBA-01,'052017 LN 3 (ZBAN.lmUtes/Agenc1a5/L'_'tal .:ZB.A-011192017 2 Notices/Hearing9\201 7 G Z3A-01/19/2017 Agenda - Creation date 12/1,612016 2:15'13 PM ZBA-00002017 7 Last modified ZBA-02/0212017 Agenda 4 611 912017 d_53'51)YM v Z5A-02/02.2017 Heanng 45 Metadata a,ZBA-021022017 LN 3 ZBA-0076/2017 Agenda 3 No metadala 4sslgne'.i a ZBA-0211612017 Special 3 =adore&Sesuhs ZBA-03102.2017 7 rm/heahh/pap-smearsUse52j ZBA-03102.2017 Agenda 4 ZBA-03/02/2017 Headng 65 ZBA-031022017 LN 3 `]Z3A-03116/2017 Agenda 3 e ZBA-03/16/2017 Special 3 .�ZB4-04/062017 5 ZBA-0410612017 Agenda 4 ZBA-04/0612017 Heanng 45 1 Above: Agendas, Minutes and Transcripts are in chronological order. i4uTl � t ur' Ht:AR1i4 (MWj 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 VI/4 ZOOM WEBINAR - Follow link - httpo.1/southoldtownny.gov/calendar.aspx NAME 411 EQUESTRIAN " LLC #7856 J' CTM # : 1 000-9-4-3 VARIANCE: YARD SETBACKS, LOT COVERAGE & APARTMENT COMPRISES MORE THAN 50% OF PRINCIPAL BUILDING BEQUEST: ADDITIONS & ALTERATIONS TO EXISTING COMMERCIAL BUILDING & EXPAND 2ND FLOOR ACCESSORY APARTMENT DATE THURS. , DEC. 71 2023 1 :00 P. 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 P , TOWN OF SOUTHOLD ,g � ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK ( I &ye—% riga Yl , AFFIDAVIT OF In the Matter of the Application of: MAILINGS 411 %V(O*i"1 A\A teW (Name of Applicant/Owner) 411 N` Q 1W ", fiSW KL TM No. 1000- �' 3 (Address of Property) (Section, Block& Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, ( V) Agent W `�(Av� residing at ty*wtt vv being duly sworn, deposes and says that: On the I&Tday of g , 20231 personally mailed at the United States Post Office in ;�-is WM is New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the ( ) Assessors, or( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the appli Is property. (Signature Sworn to befor me this day of , 202,) MANAT S11,43H Notary Public,State of Connecticut (N/- PS 7te l.C. ?138404 Nhj Conunissior.Expires 06j30,;20',;4! PLEASE ack of thi7fidavitor on a sheetof paper, the lotnumbers next to the ownd addresh notices were mailed. All origineipts and mailing confirmations to be submitted to the ZBA Office along with this formsigned and notarized. Postal - I .Ln - - r CERTIFIED a • ■ RECEIPT 4 . Er (Domestic Mail Only;No Insurance Coverage Provided) (Pornestic MailOnly;No%Insurance Coverage PrOvidqd) C3 Ln C3 ( : FI 5i 'i`S . i�, i1 �AZ g • , i 5 r5:Tn s • 111ry ` � , G .D 7 m Potg $ rr m Posge �.R`SLA t Certified Fee $171.017 'x- Certified Fee �I.00 op `�N� C3 C3 Return Receipt Fee j� 0 y Postmark C3 (Endorsement Required) I CIA 7y FIBr Return Receipt Fee (I,[I(i +z S -[ y� O (Endorsement Required) O Restricted Delivery Fee 'y �+ ' C3 3 (Endorsement Regmred) 0 a� Restricted Delivery Fee tr) $Il• _� Nf�'IS1 S p (Endorsement Required) _ r� tri $[I. O Total Postage&Fees $ 11/1 of,•I 123 1 0 Q_ r-9 Total Postage&Fees $ Sent To I O $$.vll Im 3ua, PIL-,m LLC CO Sent To 1l i I�f% D13�'�i --- �i!S�fif�S _!-------------------------------•----- ..r..... C3 Street Apt.No.; i -----"---- 4On e 7 Street,A t-R 0- J(Ll 0 /� Q r. or PO Box No. 1�,r Op -�JJ r or POB xNo. /T7►t �r ! er+ Ave— 90 City,State,ZIP+4 i S i - -- �l►ers I an J NY 06j')G c�iy stere,ziP+a f i,S h e rs 10--vid, NY 0050 PS F I orm.3800,August 2006 See Reverse for Instructions i F�S Fbrnn 3800,August N06 See'Reverse tot instructions Postal, ® MA IlLtm o 0.Provioed) (Vomestic Mail • . Insurance Coverage • . ,•. c.D ' (Domestic C3 F'i"o i le e� `i 13,290R •__� 11 nj FiOe�5p51p � t b l I ; . .� -U N M Poiktid; cr �F.�S � \ �I m Po�{�ge Certified Fee SO.I"10 0�� { Certified Fee ifl.�lll Return Receipt Fee ��° ® r3 Return Receipt Fee 1 re (Endorsement Required) ill• to e 0 (Endorsement Required) lN- KIM C3 $ Restricted Delivery Fee , Restricted Delivery Fee •" (Endorsement Requued) Q� C3 (Endorsement Required) ��UlLn i]. 0 39 ala• rq Total Postage&Fees $ 2` r'9 Total Postage&Fees $ 1 �� r3 C3 i I Sent To - � sanrro�af5o�5 Sw�arne W. �(� Roberk Wd Po fspns a Trd - Wave -------os _LLL-----------------------........... -----------"--------------------------- Q ). �•' .............................. C3 Street,Apt.No.; 1 0 JJD C3 Street,Apt.No.; N or PO Box No. I0 Wey6eSSe� S} 6+6 10()0 [�- or PO Box No. S7 �. ue 5}f iaA_�J ----------------.h..._.._-.__ ...._.._.._. to Z--- -------. a M - ---•-------- - ---- ----- -- c; Stare,_IP, cry'srare,ziPta -- ------------ -• n 1=;Shefs !s r�,nd, Y Q 63 q 0 Pr&VI.& &C, A 02903PS Form 3800,August 2006 See Reverse fbr 1��LtirLict' -- SECTIONCOMPLETE THIS DELIVERY SENDEh-. COMPLETE THIS SECTION A. Signature ■ Complete i#atria 1,2,and 3. ❑Agent ■ Print yol�r t)afho�►d address on the reverse X [3 Addressee o thE&W0 c..n return the card to youB. ecei by(Printed Name) C. Date of Delivery fi Attach thls card to the back of the mailpiece, �,1 ������ oron the front if space permits- D. Is delivery address different from item 11 ❑Yes T I If YES,enter delivery address below: p No I I Ida \A/av� S}toPS LLL V ISI E.R.�*e3}rIc\41 AV. Q0 poA 33S Fishes 131-nd, NY 06390 3. Service Type O Priority Mail Express® Il l llll�l I'll I'I I�I II II III III I I II II III VI II III ❑Adult Signature ❑Registered MailT ❑ O i Adult Signature Restricted Delivery Registered mail Restricted, C9 Certified Mail@ Delivery 9590 9402 8458 3186 0952 49 ❑Certified Mail Restricted Delivery _ ❑Signature Confirmation"" ❑Collect on Delivery O Signature Confirmation ❑Collect on Delivery Restricted Delivery Restricted Delivery 2. Article Number(Transfer from service label) ❑Insured Mall 8 6. 4.0'8 8 d Insured'.Mall Restricteii Delivery l 7008 015'0; a.0:o0 32 ; !(over$50o): t :. l , i Domestic Return Receipt PS-Form 3811,July 2020 PSN 7530-02-000-9053 . 12/7/23,2:57 PM USPS.com®-USPS Tracking®Results USPS Tracking FAQs > Tracking Number: Remove X 70080150000032864064 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update Your item was delivered to an individual at the address at 11:25 am on November 18, 2023 in PROVIDENCE, RI 02903. Get More Out of USPS Tracking: m CD USPS Tracking Plus 0 Delivered Delivered, Left with Individual PROVIDENCE, RI 02903 November 18, 2023, 11:25 am See All Tracking History What Do USPS Tracking Statuses Mean? (https://faq.usps.com/s/article/Where-is-my-package) Text & Email Updates u USPS Tracking Plus® u Product Information u See Less Track Another Package Enter tracking or barcode numbers https://tools.usps.com/gotTrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70080150000032864064%2C 1/2 r i it TOWN OF SOUTHOLD 41 S� ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK C--; 0 e9+-V1&4i AFFIDAVIT OF In the Matter of the Application of: POSTING 411 6Qk� ho LLG SCTM No. 1000- J' 4" (Name of Applicants) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, �Armltu VJ• f006-PArI esiding at 1 4 LKS Qbgn.Abeing duly sworn, depose and say that: I am the ( ) Owner or(,/) Agent for owner of the.subject property On the V day of W*Wkta- , 20U, I personally placed the Town's Official Poster on subject property located at: indicating the date of hearing and nature of application noted thereon, securely upon subject property, located ten (10) feet of 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 hear ng date, which earing date was shown to be (Ow /Age Signa ur 1 Sworn to befo e this 5 Day of , 20 IIA Nofay Public,St to!of Connecficuf l.C.u 138404 (N P b is W��Y/z- �Y�Odi1P111SSIOn EXpld'BS QG%3J;7 F * nea the entrance or dive ay entr ce of property, as the area most visible to passerby i THIS SECTION SECTION ON DELIVERY Si. nature • Complete items 1,2,and 3. A. 0 Agent • Print your name and address on the reverse X F'. so that we can return the card to you. by(Printed Name) a , • Attach this card to the back of the mailpiece, or on the front if;space permits. 1. Article Addressed to: D. Is delivery address different from If YES,enter delivery ad Be-"h 4Iu-rn LLC po Bp33S- Fj,56e*f Is 1"J/ N'y 06310 3. Service Type El priority Mall Express® 0 Adult Signature 0 Registered MaljTM 0 Adult Signature Restricted Delivery El Registered Mail Restricted [.Certified Mail® Delivery 0 Certified Mail Restricted Delivery 0 Signature ConfirmationTm 9590 9402 8458 3186 0952 32 0 Collect on Delivery 0 Signature Confirmation 0 Collect on Delivery Restricted Delivery Restricted Delivery 2.-Article Number-Tirisfer I?om,sqtyicQ label) 711 Restricted I �4 1 1 1 11 � j k q lnsu�ed Mail t 1, � 015' I I �]insiured Mail Restricted Delivery 7008 0 OdOO '3286 4095 1 (over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt— COMPLETE THIS SECTION ON DELIVERY, SENU-A. COMPLETE THIS SECTION , I I I . J Complete items 1,2,and 3. Anature ent, N Print your name and address on the reverse X [I Addressee so that we can return the card to you. Re Ived by(Printed Name) I C. at'of Delivery 0 Attach this card to the back of the mallplece, 1% 1-1 2,3 or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item I? u Yes " If YES,enter delivery address below. 13 No V/ aSo Aibal Gre-&(-mf Ave. Po Do;k an;' Fi.5he,rS j4lam,J, IVY 06'310 3. Service Type D Priority Mail Express® El Adult Signature 0 Registered MallTm 0 Adult Signature Restricted Delivery 0 DReegirve yistrered Mail Restrictedi ED Certified Mail® -d Delivery 0 Sjgnature ConfirmationTh" 9590 9402 8458 3186 0952 63 0 Certified Mall Restricted U S gnature Confirmation ----- -- 0 n Delivery Collect on Delivery Restricted Delivery Restricted Delivery 2. Article Number ffiraripter from service label) ,-- 1 1 1 1 1 [E]Collect 1 1 0 Inguied'Mail Restricted Delivery -0180 1 HbG :3266: L405 7008 (over$500) - PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson Main$®U����® 53095 Main Road• P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantes ae Office Location: Robert Lehnert, Jr. Town Annex/First Floor Nicholas Planamento ® 54375 Main Road(at Youngs Avenue) C®UNTV,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 MEMORANDUM E b E U V E 0 CT 1 1 2023 To: Mike Verity, Chief Building Inspector From: Leslie Weisman, Chairperson Building DepartmentTown of Southold Date: October 11, 2023 RE: 411 Equestrian Av, LLC (ZBA File#7856) Equestrian Av, Fishers Island, SCTM No. 1000-9-4-3 Please see attached application requesting to construct additions and alterations to an existing commercial building (inclusive of expanding 2nd floor accessory apartment), 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. OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��®F ®U��® P.O. Box 1179 54375 State Road Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1809 http://southoldtow=y.gov ZONING BOARD OF APPEALS Town of Southold December 27, 2023 Sam Fitzgerald Architect, P.C. 15 East Putnam Avenue #234 Greenwich, CT 06830 RE: ZBA Appeal #7856 411 Equestrian Avenue,LLC SCTM No. 1000-9-4-3 Dear Mr. Fitzgerald; 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 28 '�' a,a 4 R 9.3 w N ane 884 2.1A(c) @ M1 o 3�1A 122-OA 7 M1, �� '4• 1),a °g �g ISLAND PEOPLES ��• ,� O� 76�^ ", �l PROJECT ,9 3 15m 14 2.1 b 4, 500 �) a 1.7A `'�� 5 13.3 /// -?12 25 S 26� 21 ^ ;� SL JO FWS V 13• 12 7.11A EPISC0 O / CHURCHti� AVE. 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AVE r°, 11.3A 9.3a �q !� 1 J (50) N 403.034 NOTICEs°IDi�^° COUNTY OF SUFFOLK © e 130 006 TOWN OF soUTHoLo SECTION NO VNNfJ MAINTENANCE TIONOLTEYPORTIONOFR fiReal Property Tax Service Agency Y 009 DISTRIBUTION DFANY PORTION OF THE •' County Confer Riverhead,N Y 11901 008 VILLAGE OF SUFFOLK COUNTY TAX MAP IS PROHIBITED /l (V7 010 lMTHOUT NRITTEN PERMISSION OF THE 3V�g 20p 6SCAt£IN FEEL am P 0 DISTRICT NO 1000 REAL PROPERTY TAX SERVICEAOENCY. •`' 012 PROPERTY MAP WNVEASION OATS Jon 26,2016 01SAPPROVAL N 2 w� Q 'o 411 EQUESTRIAN AVENUE, LLC � O� 411 EAUEORM AVEMX 01 F19ER5 SLNVD N w Vona Z SECTION 9, BLOCK 4, LOT 3 _g 2,400 SF. +/- _ Existing Coverage: 49.6% SBT5 02 0"E 75.00' W Proposed Coverage:`63.1X o.s 35.2' `l _ EXISTING 2 1/2 STORY MIXED USE FRAME BUILDING 3 Z R (RETAIL FIRST FLOOR; p O ACCESSORY APARTMENT p N 10.2' r~10.3'—��9.3' ABOVE) h I N Area of Principal Building:1,280 sq.It Area of Accessory Apartment:878 sq.ft.(69%of Principal Area) PROPOSED PROPOSED PROPOSED FRONT YARD v/ SECOND SECOND STORY SETBACK w TWO-STORY FLOOR ADDITION OVER 0 25 DECK ADDITION FIRST FLOOR —J t r REAR YARD --- M7 SETBACK O O M 35.3' 0.4' 75.00' N82'52'00"W �- EXISTING STRUCTURE TO REMAIN a EJPROPOSED NEW 2 STORY ADDITION N **VARIANCE REQUIRED** PROPOSED 2ND STORY ADDITION © OVER EXISTING FIRST FLOOR **VARIANCE REQUIRED** R ElPROPOSED NEW SECOND FLOOR DECK Gk **VARIANCE REQUIRED** � RL SITE PLAN SCAUZ:1'-1a w� LL� � 7� -- r ------ - O F iirrir01 Z L---j Existing i Retail to i i Remain i LlEXISTING STRUCTURE TO REMAIN i i i i ❑ PROPOSED ADDITION '*VARIANCE REQUIRED** PROPOSED FIRST FLOOR PLAN i i W L__J Existing L__J Retail 1 { W � G L LL EXISTING FIRST FLOOR PLAN SCALE:1A'-1'-0' {/� N Wo o� a i j 0 I i El EXISTING STRUCTURE TO REMAIN O cio O eea oom J ua ,ra Living/Dining I 13ato PROPOSED ADDITION ioa.ir.r Krtche� I ic. aoset Remodeled& **VARIANCE REQUIRED** Expanded �. Apartment ❑ PROPOSED NEW SECOND FLOOR DECK **VARIANCE REQUIRED** OPOSED SECOND FLOOR PLAN G EK Living/Dining Existing Apartment a. W EXISTING SECOND FLOOR PLAN SCALE:ire•-i'-0' M LLD I �Do o< I AHi�c S;;p 1 � op..to e.bw Z ; ❑ QQ EXISTING STRUCTURE TO REMAIN N I PROPOSED ADDITION *VARIANCE REQUIRED** PROPOSED ATTIC FLOOR PLAN SCALE-UD'-1'-0' .. .. .. .. .. .. .. .. .. I I I I 1 L � nnic Sp.- EXISTING ATTIC FLOOR PLAN W SCALE.1/8'-1'-0" LL N f N )ISAPPPOAL �W � i ! 411 EQUESTRIAN AVENUE, LLC O� 411 EQUES11W AVEMJE Z r m*ms ISLAM.NEW Yaw � SECTION 9, BLOCK 4, LOT 3 g 2,400 SF. +/- -y Existing Coverage: 49.6% 582'52'00"E 75.00' Proposed Coverage: 49.6% 35S- PROPOSED SECOND STORY ADDITION OVER EXISTING FIRST p FLOOR 0 N 1p Area of Principal Building:1,280 sq.ft. AMAOSED Area of Accessory Apartment:895 sq.ft.(70%of Principal Area) Imp 15 w 2S - L�CK SETBACK o REAR Yum SETBACK i -EXISTING 2 2 STORY MIXED USE FRAME Note:na.increase in foundation size.Existing footprint to remain. � i BUILDING z g� a1 n (RETAIL FIRST FLOOR; i ACCESSORY APARTMENT ABOVE) ' 4 O q, 75.00' N82'52'00"W f— EXISTING STRUCTURE TO REMAIN PROPOSED 2ND STORY ADDITION W OVER EXISTING FIRST FLOOR t **VARIANCE REQUIRED** _ ❑ PROPOSED SECOND FLOOR DECK **VARIANCE REQUIRED** �jv G C s W SITE PLAN REVISED 08/12/2023 SCALE 1-10' REVISED 07/13/2023 N W LL g d UP OS cl < ga Existing BdcRetail I Ab.- I I I I L--� ❑ EXISTING STRUCTURE TO REMAIN I MwHnN L ❑ PROPOSED NEW SECOND FLOOR DECK **VARIANCE REQUIRED** PROPOSED FIRST FLOOR PLAN SCALE.1i8"-1'-0" I.L I r---- I I (�J L--J Existing L---i Retail G� s L Nm a� EXISTING ATTIC FLOOR PLAN SCALE!1/8"-1'-0' REVISED 07/13/2023 M SNK I y i N �d N oKifcMn uvpe.yrsra.e. Lu 5 c�oser LL i � H� O O� Clot 0 p Dinlnq/.Mv Room ' Z w • Q O V1 e DN aea_�m ❑❑ EXISTING STRUCTURE TO REMAIN h wa PROPOSED ADDITION p **VARIANCE REQUIRED** ❑ PROPOSED NEW SECOND FLOOR DECK **VARIANCE REQUIRED** PROPOSED SECOND FLOOR PLAN SCALE.1/8"-V-0' V Bathroom ju-ing un xna Kitchen o Dek Existing Apartment Li. ' Lu�= EXISTING SECOND FLOOR PLAN LL SCALE-1/8"=1'-0" q REVISED 07/13/2023 �= o .......... ...... LL n. Q Z w g° I I N a I I I I Attic Space i ❑ EXISTING STRUCTURE TO REMAIN 10'-0'n 33'L' I I I I I I I El PROPOSED ADDITION I I **VARIANCE REQUIRED** PROPOSED ATTIC FLOOR PLAN SCALE Ire•-1'-0' G I 1 I I I f I U � Attic Space � �/ I o. I I I I I N s LL EXISTING ATTIC FLOOR PLAN SCALE:1/8'-1'-0' 4 REVISED 07/13/2023 t