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fyA o(f C-C)DN Dr ffLrtt�-hjL , I G Owner: 1000 Soundbeach Dr LLC File #: 7858 \ Address: 1000 Sound Beach Dr ( �1 Code: 13ED Agent Info Charles Thomas Architect P.O. Box 877 Jamesport, NY 11947 Phone: 631-804-3796 Fax: Email: megan.cmtarchitecture@gmail.com OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��®F S®U��® P.O. Box 1179 54375 State Road Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Jr Southold,NY Telephone: 631 765-1809 http://southoldtownuy.gov RECEIVED ZONING BOARD OF APPEALS j"6;" 6 S: 1A Town of Southold JAN - 9 2024 outhoid Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 4, 2024 ZBA FILE: #7858 NAME OF APPLICANT: 1000 Soundbeach Drive LLC PROPERTY LOCATION: 1000 Sound Beach Drive, Mattituck,NY SCTM# 1000-99-1-5.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated October 26,2023 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated. December 1,2024. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is recommended that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP for the following reasons: Policy 1: The accessory structure does not enhance community character and sets a precedent on lots in the neighborhood and within the community. It is located within the FEMA AE Flood Zone and subject to damage and loss due to storm events and tidal surges. Policy 4: The parcel is located within the Coastal Erosion Hazard Area. The structures within these areas are subject to repetitive loss from storm surge-induced erosion events and should be avoided and/or minimized. Setbacks should be minimized. On December 12,2023 the applicant submitted new plans for a one car garage, located in the front yard, in the same position, and reducing lot coverage to 23.8% which is less nonconforming to the code. The applicant proposes to locate the accessory garage in the front yard on the landward side of the existing dwelling and as far from the Long Island Sound as possible,and,with the conditions imposed herein the Board of Appeals now determines the proposed action to be CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 20,347 square foot waterfront parcel located in an R-40 Zoning District. The parcel runs 100.02 feet along Long Island Sound, runs 100.45 feet Page 2,January 4,2024 #7858, 1000 Sound Beach Dr. LLC SCTM No. 1000-99-1-5.1 along Sound Beach Drive, runs 376.39 feet on the North side and 364.27 feet on the South side. The parcel is improved with a one-story frame house on pilings (F. FL EL 10.7) with wood walk. All is shown on a survey by Nathan Taft Corwin, III, L.L.S. last revised December 9, 2023 depicting the proposed one car garage. BASIS OF APPLICATION: 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) Less than the code required front yard setback of 40 feet; 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. RELIEF REQUESTED: The applicant requests variances to construct an accessory two car garage in the code permitted front yard on this waterfront property with a front yard setback of 29. feet where town code requires a minimum 40-foot front yard setback. The construction of the accessory garage will result in lot coverage of 25.1% of the buildable area of the subject lot where town code allows a maximum lot coverage of 20% of the buildable area. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant submitted a plan last revised December 9, 2023 reducing the size of the structure to a one car garage. The proposed non-conforming front yard setback will remain the same however, the proposed lot coverage will be reduced from 25.1 percent to 23.8 percent therefore making the application more conforming to the code. 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$267-b(3)(b)(1). Grant of the variances relief AS AMENDED will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is a single-family waterfront neighborhood consisting of older homes that do not conform to current zoning. Accessory garages in front yard locations are conforming uses in residential zones on waterfront properties. The proposed increase in the non-conforming lot coverage is a modest 2.7 percent increase. The proposed accessory garage as amended is 17 feet tall and 14 feet wide. Although it will have a non-conforming front yard setback its design, size and mass will be in scale and character with the neighborhood and a tall existing hedge row of evergreen privet along the front property line will lessen the visual impact of the accessory garage from the street. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant AS AMENDED cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance. The parcel currently has a non-conforming lot coverage with a total lot coverage of 21.1% and the location of the existing house relative to the street does not permit a front yard location for an accessory garage with a confirming setback. Therefore, . any proposed plans to build an accessory garage would require the benefit of variance relief. 3. Town Law 4267-b(3)(b)(3). The variances granted herein AS AMENDED are mathematically substantial; the variance for the non-conforming front yard setback represents 27.5%relief from the code. The variance for the non- conforming lot coverage is mathematically substantial representing 19%relief from the code. However,the home is existing and the proposed location and size of the garage is the minimal size for a functional garage. the front yard is the only location in which an accessory garage can reasonably be placed since the code permitted rear yard alternative location would require an accessory garage to be impractically close to the as built dwelling or located in the Coastal Erosion Hazard Zone on the property. Moreover, the proposed side yard setback is conforming and there is insufficient room in the side yards to attach a garage to the dwelling. Page 3,January 4,2024 #7858, 1000 Sound Beach Dr.LLC SCTM No. 1000-99-1-5.1 4. Town Law X267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law X267-b(3)(N(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the relief as amended is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory garage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13,motion was offered by Member Weisman(Chairperson), seconded by Member Dantes,and duly carried,to GRANT the variances as AMENDED, and shown on the Architectural plans prepared by Charles/M. Thomas, Architect,dated December 9,2023 and the Survey prepared by Nathan Taft Corwin,III,L.L.S.last revised December 9, 2023. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall apply to the Southold Town Board of Trustees,and receive a Wetlands Permit for the accessory garage, if required by the Town of Southold Building Department. 2. The garage shall remain unconditioned, non-habitable space used only for storage. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. IMPORTANT LIMITS ON THE APPROVAL(S) GRANTED HEREIN Please Read Carefully Any deviation from the survey,site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the relief granted herein, will result in delays andlor a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)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. Page 4,January 4,2024 #7858, 1000 Sound Beach Dr.LLC SCTM No. 1000-99-1-5.1 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, Ch irperson Approved for filing / /2024 x va r � 1 / 14'-0" REVISIONS DESCRIPT ION / 1" X 8" FASCIA W/1-X2" OVER Simpson Strong-Tie / HDU (CORNER HOLD DOWN) / 12 1"X6" RAKE FRIEZE TYPICAL OF 8 10D / RED CEDAR SHINGLES 5 1/2" 2"X8" RR ��I 2"X8" RR �1 / EXPOSURE / SWEEP SHINGLES OVER •goo ® 16" OC. ® 16" OC. A 1 1"X8" FRIZE BOARD ASPHALT ROOF SHINGLES .n 1 CAR 0 r7z •-1� lirsirliTiTT Nam4" POURED ONCRETE SLAB i� OVER 6 MILT POLYETHLENE CEDAR PERFECTION VAPOR BA IER ON WELL SHINGLES COMPACTS POROUS FILL I, X 4" SURROUND o I Q o o o RED CEDAR SHLES 5 i/'2'-46'SURE N m i' N 7 ING SWEEP SHINGLES OVER 3070 2846 � a ReCei ved 9080 DOOR 1" SOLID RIIEZE BOARD I DOOR DEC 12 2023 \ ( Zoning B o ,. oard of q ` ppeals 9080 BARN DOOR v o p So 8 — 10'^0" 14'-0" STONE PLANTER / RETAINING I �O 'r WALL. (HT PER GRADE) SIDE YARD II II 6+ 8 SETBACK II I II o 22'-0" (� Ljj E FRONT ELEVATION E SIDE ELEVATION 21 X " ML HDR U 1 SCALE: 1/4" = 1'-0" 3 SCALE: 1/4" = 1'-0" 9080 0 H. DOOR Z � '-D" 14'-0" -a" FINAL MAP = (.Li Wff REVIEWED BY ZBA i— Q > 0 1" X 8" FASCIA \� DECISION# 9G' O - W/1"X2" OVER DATED. �oa 1X6 RAKE FRIEZ 12 z W 0 QP W RED CEDAR :SHINGLES 5 1/2" 10 FLOOR PLAN 0 EXPOSURE SCALE: 1/4" = 1'-0" Q ( l z SWEEP SHINGLES OVER — A 1 ASPHALT ROOF SHINGLES 1"X8" FRIZE BOARD O v W 001, I.J-J-i - - o 0m U Li 0 � CEDAR PERFECTION— SHINGLES ERFECTION—SHINGLES 00 z RED CEDAR SHINGLES 5 1/2 EXPOSURE n U SWEEP SHINGLES OVER — 2846 LL Q 1"X2" SOLID RAM CROWN 1"X8" FRIEZE BOARD 1 z w z -' 22'-0" 14'-0" 10'-0" STONE PLANTER / RETAINING J WALL. (HT PER GRADE) SIDE YARD E REAR ELEVATION SETBACK E SIDE ELEVATION 2 SCALE: 1/4" = 1'-0" 4 SCALE: 1/4" = 1'-0" Charles M. Thomas a r c h i t e c t PO BOX 877 JAMESPORT, NY 11947 (631) 727-7993 PROJECT PROPOSED GARAGE DATE: 12/9/23 PROJECT No. DRAWING BY. MC CHK BY. DWG No. DA - 001 - 00 1 OF 1 THESE DRAWINGS AND ACCOMPANYING SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE THE EXCLUSIVE PROPERTY OF THE ARCHITECT AND THEIR USE AND PUBLICATION SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED. REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN WHOLE OR IN PART, IS PROHIBITED EXCEPT BY WRITTEN PERMISSION FROM THE ARCHITECT. TITLE TO THESE PLANS SHALL REMAIN WITH THE ARCHITECT.VISUAL CONTACT WITH THEM SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS. -..mm.•�..wae..-,w..}ras{.�.yyyr,-...s.yvg.}gc.rt.F.ab'r: ."MB4'?�r1[^!!f!v- -.- - 3,w4.•nR,9.lWP��TRC'RRARaT.' dli.c'v-+T..:b•Annffiw)W w•YhWP-Cvb'M1v�+�PG�''S'A^CSn-%9+.MN:wwwr-..V..•c.+......,..r.,r.-.-.,..M,."..w�._+..-�.,.ro.^nA„w+.aa.m�ea4fiB➢Y>NYfi5M6'�®..... •E!^,'wA91bR0AP,.vwF*+wa+wY�w.9�F�'t•�^.'r-MPu^TxWR'N.'a:awme+,+r>w,•.0:1•M'MHxwsAPMfnsvM%•&..afRrsr+..r. +.�i:`T.m_,m:.krt+.'NP,sr:...T.y.�S".:I3 Y.�F`..•'Mx'V A'.w'+.+^'e+^.'W!Yetrin.vkY..:s•ti-.x..y.�^1^�4'?h SURVEY OF P/0 LOT 44 , LOT 45 & P/0 46 BLOCK 2 MAP OF CAPTAIN KIDD ESTATES FILE No. 1672 FILED JANUARY 19, 1949 SITUATED AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-99-01 -5. 1 SCALE 1 "=20' MARCH 10, 2003 MARCH 4, 2005 ADDED PROPOSED ADDITION AUGUST 10, 2006 ADDED SEPTIC SYSTEM TIE DISTANCES OCTOBER 12, 2006 FOUNDATION LOCATION NOVEMBER 27, 2006 ADDED PROPOSED ADDITION SEPTEMBER 4, 2007 LOCATED PILINGS AUGUST 18, 2008 FINAL SURVEY SEPTEMBER 4, 2008 ADDED PROPOSED POOL DECEMBER 9, 2008 ADDED LOT COVERAGE JULY 15, 2021 UPDATE SURVEY JUNE 6, 2023 ADD PROPOSED GARAGE DECEMBER 9, 2023 REVISE PROPOSED GARAGE AREA = 37,029 sq. ft. FINAL MAP (TO TIE LINE) 0.965 ac. 7v(� O REVIEWED BY Z BA Receit/00 DECISION# Y�' CERTIFIED TO: DEC 12 DATED: 1 1000 SOUNDBEACH DRIVE LLC Z�Z3 Zoning Board Or qtr,y 9 NOTES: 1. DEED REFERENCES ARE TO DEED LIBER 11799 PAGE 211 2. TAX MAP REFERENCES ARE TO SUFFOLK COUNTY TAX MAP 0DISTRICT 1000 SECTION 99 LAST REVISED DECEMBER 30, 2015 O• ti° J' 3. ACTUAL REFERENCES ARE TO ACTUAL FIELD OBSERVATION BY THIS OFFICE ON JULY 15, 2021 000 PROPOSED BUILDING COVERAGE OVER AREA SOUTH OF COASTAL EROSION HAZARD LINE (13,840 sg. ft.) DESCRIPTION AREA % LOT COVERAGE EXISTING HOUSE 2,915 sq. ft. 21.1% OEXISTING FRONT PORCH 68 sq. ft. 0.5% �. PROPOSED GARAGE 308 sq. ft. 2.2% �G 0 TOTAL 3,291 sq. ft. 23.8% 01 qPM / p P�5 //� O a�P //o � O G K loe /// \\\\ PS Ile A CP V-5�pv�o• \\ \ ' o�p'' G �O \ \ \ o y1P ti�v \ , \ $ / !i .�QL ���' 4� 0 y1P o G`� At CPQ PGS/ �? R=25.00, \���o \ °o°moo °F`b° �y. �c35•77 \ / o ;O,1q�p / Qdy '20 da 190 'A Cn '. F 00, lo, lo, // 0ILAp � <WG��` / oy ��Oo °oy�to •�"� ��ryo�, ••:...ml� � 6�� S�po�.to��� 1 sir r J�� ,k01 ♦ti pfiG O CN �G1 ho�� 15,�ti LQ I A1(_ NC `! F • OAF' .a \ / ° . 1ay., a ♦�J��� � ',t�� ..• 4.� •.\ ,w' .• � ... •:•�•�� Qom oFQP a ° �`Y Q •: ..a• .• a . �: e0� .:.��� SFJ- � 'a• % ..: .. �9 d ,. . C'>G iO �oi 9� . . ,. • d• . �` d�. • • • 4i .q VA O PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE LIALS. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. *g•��PNAFTC09`G:p�� Z: At- - �// �'�.�'• 5046 .•'��,� �� Lic. No. 50467 J UNAUTHORIZED ALTERATION TI ADDITION Nathan Taft Corwin III TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE Q EDUCATION UAW. Land Surveyor COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED Successor To: Stanley J. Isaksen, Jr. L.S. TO BE A VAUD TRUE COPY. Y Joseph A. Ingegno L.S. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY Title Surveys — Subdivisions — Site Plans — Construction Layout IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND 727-2090 Fax (631)727-1727 PHONE631 LENDING INSTITUTION LISTED HEREON, AND (631)727-2090 TO THE ASSIGNEES OF THE LENDING INSTI— OFFICES LOCATED AT MAILING ADDRESS TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. 1586 Main Road P.O. Box 16 THE EXISTENCE OF RIGHT OF WAYS Jamesport, New York 11947 Jamesport, New York 11947 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. E—Mail: NCorwin3®aol.com �oF OFFICE LOCATION: O� y0l MAILING ADDRESS: Town Hall Annex O P.O. Box 1179 54375 State Route 25Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) N yW Southold, NY 11971 Telephone: 631765-1938 olyCOU LOCAL WATERFRONT REVITALIZATION PROGRAM ,kNCffML`lMLD r ---------... To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry,AICP Assistant Town Planning Director LWRP Coordinator Date December 1,2023 Re: LWRP Coastal Consistency Review for ZBA File Ref 1000 SOUNDBEACH DR.,LLC#7858 SCTM-99.-1-5.1. 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 proposed action has been reviewed to Chapter 268,Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,the proposal is recommended as INCONSISTENT with the below LWRP policies. 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. The accessory structure does not enhance community character and sets a precedent on lots in the neighborhood and within the community. It is located within the AE flood zone and are subject to damage and loss due to storm events and tidal surges. The action is not consistent with this policy. Policy 4. Minimize the loss of life, structures, and natural resources from flooding and erosion. The parcel is also located within the CERA. The proposed 25 percent lot coverage on the parcel is contrary to preventing loss of structure near hazards. The structures within these areas are subject to repetitive loss from storm surge-induced erosion events and should be avoided and/or minimized. Setbacks should be maximized. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Paul DeChance,Town Attorney COUNTY OF SUFFOLK — � ...._ -P-A K& OCT 2 6 2023 .q — fr5 CA Y b� 1s STEVEN BELLONE f 2, ,f 2 j SUFFOLK COUNTY EXECUTIVE 1 DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH LANSDALE COMMISSIONER ELISA PICCA DEPUTY COMMISSIONER October 26, 2023 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1.179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Wagner/Schweizer—Breezy Shores#14 #7850 P Kevin Kelly/Bridig Gillespie #7852 1) Pablo DeLeon #7853 D FI School District(Ferry View LLC) #7854 is 1000 Soundbeach Dr. LLC #7858 D NF Project LLC #7859 Sean Norris #7861 SE� Very truly yours, R 16� By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099■ (631)853-5191 oylb FORM NO. 3 TOWN OF SOUTHOLD RECCEIVED BUILDING DEPARTMENT SOUTHOLD,N.Y. OCT 12 2023 NOTICE OF DISAPPROVAL Zoning Board of Appeals DATE: A TO: 1000 Soundbeach Dr LLC 1000 Sound Beach Dr Mattituck,NY 11952 Please take notice that your application received July 21, 2023: For permit to: Construct an accessory garage to an existing single-family dwelling at: Location of property: 1000 Soundbeach Drive, Mattituck County Tax Map No. 1000—Section 99 Block 1 Lot `_1 Is returned herewith and disapproved on the following grounds: The proposed new construction, on this non-conforming 30,927.5 sq. ft.parcel (buildable area of 13,840 sq. ft.) in the Residential R-40 District, is not permitted pursuant to Article III Section 280-15 which states: in the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front yard principal setback requirement of 40 feet on lots measuring between 20,000 sq. ft. and 39,999 sq. ft. The survey shows the proposed accessory garage to'be orated at 2%f et off of the front yard propegy line. Additionally, proposed construction is not permitted pursuant to Article XXIII Section Chapter 280-124 which requires a nonconforming lot less 20,000 sq. ft. to have a maximum lot coverage of 20%. The site plan shows a lot coverage calculation of 25.1%. 'i . p Atebrized 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. �u APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 1000 Street Soundbeach Drive Hamlet Mattituc RECEIVED SCTM 1000 Section: 99 Block: Lot(s) 1 Lot Size: 5.1 Zone R-40 OCT 12 2023 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 08/31/23 BASED ON SURVEY/SITE PLAN DATED Zoning Board of ppeals Owner(s): 1000 SoundBeach Dr. LLC Mailing Address: 1000 Soundbeach Drive, Mattituck, NY 11952 Telephone: 516-884-0220 Fax: Email: antonopoulos@thanosgroup.net NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Megari Carrick/Charles Thomas for(X)Owner( ) Other: Address: PO Box 877, Jamesport NY 11947 Telephone: 631-804-3796 Fax: Email: megan.cmtarchitecture@gmail.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), ()o Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/,SITE PLAN DATED and DENIED AN APPLICATION DATED 08/31/23 FOR: (y)Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: II I &XXII I Section: 280 Subsection: 15 & 124 Type of Appeal. An Appeal is made for: ()o A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Request for Reversal or Overturn the Zoning Officer's Denial Other A prior appeal(,j has, (&has not been made at any time with respect to this property, UNDER Appeal No(s). SUA t Year(s).7a C2-(4 (Please be sure to research f re complIng this fides@951 call our office for assistance) t Page 2, Area Variance Application Revised 6/2023 REASONS FOR APPEAL RECEIVE® (Please be specific,additional sheets may be used with preparer's signature notarized): OCT 12 2023 / T6fO 1.An undesirable change will not be produced in the CHARACTER of the neigh or or a detriment to nearby properties if granted,because: Zoning Board of Appeals The proposed garage will remain low in height and profile, maintaining fle sky plane an neighboring views. 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: The location of the existing house does not provide a large enough front yard for the garage to meet the front yard setback. 3.The amount of relief requested is not substantial because: The proposed accessory garage will be 1 story and as far off of the front property line as possible, to maintain a sizable front yard. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: No further construction will be happening on the rear side of the property. Proper precautions will be taken during construction lie the implementation of silt fences, to protect the natural environment. The area that the garage is to be located, is also already a paved driveway, natural vegetation would not need to be disrupted. 5.Has the alleged difficulty been self created? { } Yes,or{X} No Why: The existing location of the house would make it impossible to abide by the required front yard setbacks without tearing some of the house down. • Are there any Covenants or Restrictions concerning this land? {X}No { }Yes(please furnish a copy) • This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. By signing this document,the PROPERTY OWNER understands that pursuant to Chapter 280- 146(3)of the Code of the Town of Southold,any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. uF4lbtj , Si of Applicant or Authorized Agent a �, (Agent must submit written Authorization from Ownej•)' �j, District of Columbia :7 .tn Si ned and sworn to before f Sworn to before me this Z day 9 I fin,} o , J otary Public Rotary Public tAy cwnmission expires IAF �o Zoning Board of Appeals APPLICANT'S PROJECT DESCRIPTION RECEIVED 1000 Soundbeach Dr. LLC 1000-9 -1-5.1 OCT 12 2023 zA APPLICANT: SCTM No. 1.For Demolition of Existing Building Areas Zoning Board of Appeals Please describe areas being removed: A portion of the existinq driveway to the west side of the property. 11.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: NA: Accessory Garage 20'x20' Dimensions of new second floor: NA Dimensions of floor above second level: NA Height(from existing natural grade): Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: Slab on grade HI.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: The structure does not exist Number of Floors and Changes WITH Alterations: One story, two car garage. IV.Calculations of building areas and lot coverage,sky plane(From Surveyor,Design Professional): Existing square footage of buildings on your property: `1,q 8 3 Proposed increase of building coverage: 418q 5r, (-NRW-f pi-a.Q : 3giol) Square footage of your lot: 30,927.6 SF Percentage of coverage of your lot by building area(lot coverage) 25.1% proposed Gross Floor Area(GFA)of single family dwelling including the attached garage and/or habitable detached accessory structure: (Please refer to Chapter 280, Section 280-207 of the Town Code): NA: Detached garage For Residential lots,is project within the allowable Sky Plane?(Please refer to Chapter 280, Section 280-208 of the Town Code): No V.Purpose of New Construction: To construct a two-car garage for owner's use &storage. VI.Please describe the land contours (flat,slope %,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Describe on separate page if needed: Flat Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. Revised 6/2023 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATIOTS RECEIVED A. Is the subject premises currently listed on the real estate market for ale? 0 C T 12 2023 Yes X No B. Are there any proposals to change or alter land contours? Zoning Board of Appeals X No Yes,please explain on separate sheet. C. 1.)Are there areas that contain sand or wetland grasses? Yes 2.)Are those areas shown on the survey submitted with this application? Yes 3.)Is the property bulk headed between the wetlands area and the upland building area? No 4.)If your property contains wetlands or pond areas,have you contacted the Office of the BOARD OF TRUSTEES for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Board of Trustees: Outside of Trustee's jurisdiction If issued,please attach copies of your permit listing conditions of approval with a copy of the approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? No If any of the aforementioned items exist on yourproperty,please show them on a site plan. F. Are there any construction projects currently in process on your property? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe scope of work: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If none exist,please apply to the Building Department to obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes,please label the proximity of your lands on your survey and identify the Suffolk County Tax Map No. I. Please list present use or operations conducted at your property,and/or the proposed use Existing: Single Family house Proposed: Same with detached garage J. (examples:existing single family,proposed:same with garage,pool or other) Yo0ed signature Dat APPEALS BOARD MEMBERS �p`pgU �'OG Southold Town Hall Ruth D.Oliva,Chairwoman y� 53095 Main Road Gerard P. Goehringer y P.O. Box 1179 Lydia A.Tortora Southold,NY 11971-0959 Vincent Orlando 'j' !� Tel. (631) 765-1809 James Dinizio,Jr. Olt app Fax 631 765-9064 RECEM http://soLitholdtown,northfork.net BOARD OF APPEALS OCT RECE p� 0 TOWN OF SOUTHOLD . 0 2 FINDINGS, DELIBERATIONS AND DETERMINATE tf d Town fork MEETING OF OCTOBER 7, 2004 oning Board of Appeals ZBA File No. 5569- CAROL WITSCHIEBEIN and JANET LARSEN Property Location: 1000 Sound Beach Drive, Mattituck; CTM 99-1-5. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 28,106 square foot parcel is 100.45 feet wide by 191.03 feet deep and is improved with an existing one-family, single-story dwelling with wood deck on roof and small frame shed in the easterly side yard, as all shown on the March 10, 2003 survey prepared by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department's June 30, 2004 Notice of Disapproval, amended August 11, 2004, citing Code Sections 100-242A and 100-244 in its denial of a building permit application, for the reason that the new construction will create a new non-conformance and increase the degree of nonconformance, with a.proposed setback at less than the code required 15 feet on a single side yard. The June 30, 2004 Notice of Disapproval addressed the applicants' request for a +1-3 ft. single side yard, and the August 11, 2004 amended Notice of Disapproval addressed the modification for a 5.5 ft. proposed side yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 14, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicants wish to construct a two-story addition, 24 feet to the top of the ridge, for 78 ft. linear feet along the easterly side of the dwelling for additional living area, with a side yard setback of 5 ft. 6 in. ADDITIONAL INFORMATION:AMENDED RELIEF: During the August 19, 2004 public hearing, the applicant was requested to increase the setbacks for a possible alternative plan that would be more conforming to the code's side setback requirement of 15 feet. On,September 10, 2004, the applicant submitted revised plans: (1) J. Butler P.E., Plan I, with a 6 ft. setback from the side lot line, reducing the length from 78 feet to 58 I.f. for the two-story addition and reducing the square footage by 496 sq. ft. (2) J. Butler P.E., Plan II, for a two-story addition revised at 6' from the northerly end Page 2-October 7,2004 ZBA No. 5569-Carol Witschiebein and Janet Larsen CTM Parcel 99-1-5 RECEIVED OCT 12 2023 Zoning Board of Appeals of the two-story addition, and 8 ft. at the southerly end, from the side lot line, reducing the length from 78 to 58 I.f., and reducing the square footage by 542 sq. ft., and (3) J. Butler P.E., Plan III, revising the setback to a minimum of 8 feet from the side line, reducing the length from 78 feet to 58 I.f. and reducing the square footage by 612 sq. ft. for a two-story addition. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the proposed new construction will increase the non conforming setback by an additional 50%. To clarify the existing side yard setback is 11.2 feet from the property line. The code requirement for a minimum side yard setback is 15 feet as applied to this lot. This existing setback is already 3.8 feet over the code-required limit. The applicant proposes to reduce the existing non conforming setback at least another 2.5 feet to 8 feet from the property line there by increasing the degree of nonconformity an additional 50%. 2. The difficulty is self-created. 3. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant could add more livable square footage to the existing house without the need for a variance. The board understands that adding to the existing house could trigger regulations that may require extensive upgrading of the existing structure, however, the avoidance of these requirements does not compel the board the grant a variance. 4. The variance requested herein is substantial. The variance if granted would increase the existing degree of nonconformity by 50% and increase the percentage of non conforming linear footage along the property line by approximately 196%, creating new areas of nonconformities where none existed before. To clarify, the applicant currently has a nonconforming setback of 11.2 feet running 20 along the easterly property line. The applicant is proposing to increase the linear footage along the easterly property line from 20 feet to 59 feet. This represents an approximately 196% increase in the degree of nonconformity. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B motion was offered by Member Dinizio, seconded by Chairwoman Oliva, and duly carried, to DENY the variance, as applied for. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Tortora, and Dinizio. Nay: i Page 3—October ?. 2004 ZBA No. 5569—Carol Witschiebein and Janet Larsen CTM Parcel 99-1-5 QO ECEIVED CT 12 2023 Board of Appeals Member Goehringer. This Resolution w duly adopted Ruth D. Oliva, Chairwoman 10/18/04 Approved for Filing - zzzzi. APPEALS BOARD MEMBERS � �QF 5 � Southold Town Hall Ruth D.Oli%,a.Chairwoman " i`0� alp?� 53095 Main Road• P.O. Box 1179 Gerard P. Goehringer �` Southold,NY 11971-0959 Vincent Orlando Office Location: Janie% Dinizio.Jr. • �O Town Annex/First Floor.North Fork Bank Michael A. SimonCOUIrT'l 54375 Main Road(at Youngs Venue) Southold. NY 11971 http://southoldtown.northfork.ne RECEIVED BOARD OF APPEALS OCT 1 2 202 ECEI ED 'TOWN OF SOUTHOL n Tel.(631)765-1809•Fax(631)7,65 9064 Zoninp4WJcd 5 FINDINGS, DELIBERATIONS AND DETERMINATIOtf Southold Town erk MEETING OF MAY 12, 2005 ZBA Ref. 5701 - JANET LARSEN and CAROL WITSCHIEBEIN Property Location: 1000 Sound Beach Drive, Mattituck CTM 99-1-5 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 28,106 square foot.parcel is 100.45 feet wide by 191.03 feet deep and is improved with an existing one-family, single-story dwelling with wood deck on roof and small frame shed in the easterly side yard, as all shown on the March 10, 2003 survey prepared by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department's March 18, 2005 Notice of Disapproval, citing Code Section 100-242A and 100-244 in its-denial of a building permit application, for the reason that the new construction will constitute an increase in the degree of nonconformance, with a proposed setback at less than the code-required 15 feet on a single side yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 4, 2005, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicants wish to construct a two-story addition with a proposed side yard setback at 9 feet for a 42.8 length along the east side of the dwelling, as shown on the site plan and elevation diagrams prepared by James J. Deerkoski, P.E. date-stamped 3/28/05. RELATED INFORMATION: Under prior appeals, the applicant submitted a similar request to reduce the setback on the east side from the code-required 15 feet to 8 feet for a similar two-story addition. This request was denied as noted in ZB#5569 dated 10/7/04. Page 2—May 12,2005 � I ZBA No.5701 —Janet Larsen ana carol Witschiebein CTM Parcel 99-1-5 RECEIVED OCT 12 2023 REASONS FOR BOARD ACTION: On the basis of testimony presented, mFterialssubmitted andpersonal inspections, the Board makes the following findings: Board of Appealsg1. Grant of the relief requested will produce an undesirable change inarac er of the neighborhood or a detriment to nearby properties. The applicant proposes to reduce the already nonconforming, existing setback at least another 2.2 feet. To clarify the existing 11.2 feet of the dwelling setback on the east side is proposed to be reduced with a new nonconformity at 9 feet from the property line. The proposed new construction will create a new nonconformity of approximately 60% at 9 feet instead of the code-required 15 feet. The code requirement for a minimum side yard setback is 15 feet as applied to this lot. This existing setback is already 3.8 feet over the code- required limit. 2. The difficulty is self-created. 3. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant could add more livable square footage to the existing house without the need for a variance. The board understands that adding to the existing house could trigger regulations that may require extensive upgrading of the existing structure, - however, the avoidance of these requirements does not compel the board the grant a variance. 4. The variance requested herein is substantial. The variance if granted would increase the existing degree of nonconformity by 50% .and increase the percentage of non conforming linear footage along the property line by over approximately 175%, creating new areas of nonconformities where none existed before. To clarify, the applicant currently has a nonconforming setback of 11.2 feet running 20 along the easterly property line. The applicant is proposing to increase the linear footage along the easterly property line from 20 feet to 42.9 feet. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B motion was offered by Member Dinizio, seconded by Simon, and duly carried, to DENY the requested variances. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Dinizio, and Simon. (Member Goehringer was absent.) This Resoltaffid)n was dull adgptad (4-0). &QA1 (� Ruth D. Oliva, Chairwoman 5/;27 /05 Approved for Filing l I FORM NO. 4 - TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. RECEIVED OCT 12 2023 Certificate Of Occupancy Zoning Board of Appeals No.2tte 56. . . , . . . Date . . . . . . . . . . . . . . Oct. . 6. . . . ., 19.72. THIS CERTIFIES that the building located at . N/$ .$rVA. P.440h. 114. . . . . Street Map No. .Capt.Kldd Block No. . . . . . . . . . .Lot No. pt. .44.ah5. . mttltwk. . IRex*. . "q events for one faoilq dwell additima to conforms substantially to the saes & kmoing Godo Certificate of eeaupmey jhlWg.Bstore. April, .23. . ., 19.5 f. pursuant to which &WWk=kMdk N0Z4856. ions d/61.. e/0289 & � 6lt c/o ?015 . . . . . . . . . . . . . . . . . . . . . . .. 1 . . ., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . . Private .one. .faml.l y.dwtelling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . The certificate is issued to . . .;*hn•Z jaa• • • • • . .Owner (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval ?r. ..Ax. . . . . . UNDERWRITERS CERTIFICATE No. . . . . .pro—existing. . ... . . . . . . ... . . . . . . . . . . . . . . . . . . I-IOUSF* NUMBFR. 1000. . . . . . .Street. . .$0=4.13..e.aoh.A rIVO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J�.. 6A� Building Inspector 1 FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLIX N. Y. RECEIVED OCT 12 2023 CERTIFICATE OF OCCUPAN Y Zoning Board of Appea U No. .......Z..I,",W...... Date ....................JW'1UaZjr...23............ 19...62 THIS CERTIFIES that the building located at .SQU%41.I)�r��..���Y.;...���� Street Map No.aptw...iddBlock No. .. ............. Lot No. ................. ..................... ........................ conforms substantially to the Application for Building Permit heretofore filed in this office dated uva 2 19.�'- pursuant to which Building Permit No. dated ..Attgttat...2- 3............................. 19....$x„ 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 .......... iA S •p t1 3 3,►'! S } ;+ 3wrT� 3t ' ................................................I.............................. This certificate is issued to .................... ohn................ B. F� .... ���� ., ..B............................................................................ (owner, lessee or tenant) of the aforesaid building. ........................ . ......,.. ........... Building Inspector TOTEM NO. 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED TOWN CLERK'S OFFICE SOUTHOLD, N. Y. OCT 12 2023 f Appeals Board o Zoning QQ� BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) NO15 2.06 Z Date ........................August.....23.......... 19..61.. Permission is hereby granted to- John..•.Eg ar........................................I.............. 1 �+ ....... .New..YDrk-.6.5............................................. to ......Ruild-an...additicM..mn.....an..existdng..dvelUng.................................................. .................................•.........•.................................... ................................................................................ atpremises located at . .. . . .•......•.......................................................... .......................................... .lgound• 2.ex,,�a1;. .LIPi e. .........•............................<..•................................ ............................•.........................Nattitlack.•...•.............,................................•................................. pursuant to application dated ..,•............................August........23......19-61., and approved by the Building Inspector Fee $..�.d.p�.........•.. f �y.t� .t........: .... ..... .v.�.� Building Inspector FORM NO. t - TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERIC'S OFFICE SOUTHOLD, N. Y. RECEIVED OCT 12 2023 CERTIFICATE OF OCCUPAN Ybning Board of Appeals No. .X.=5........... Date ...........................AQt4?.10:r.....9.9.., 194... THIS CERTIFIES that the building located at .N,lB..B0A0h..RQaA................................... Street Gam t Kidd Eats�Ioack No. ................... Map NO. ...................... ... Lot No. ��.......MB.tLs.tl2Ckt..$.Y.................. conforms substantially to the Application for Building Permit heretofore filed in this office dated ....................................j ar.Ch..........%....... 1561x.... pursuant to which Building Permit No. .490-A dated ...........••••••••.............•••.MaxCh.....5., 1964...,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 ........ Prlvata..te..Se�mi1,�..flvetl,ing............................................................................................ The certificate is issued to ...John..EgCZ.................Owner................................................................ (owner, lessee or tenant) of the aforesaid building. ...�. �.......... .1Y:.' �.... ..................... Building Inspec�or n � �I I FORM X0, 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.. Y. RECEIVED OCT 12 2023 BUILDING PERMIT poard of Appeals Zoning (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? 2300 Z Date ................doh.......I....................., 19-64 Permission is hereby granted to: A. Reilly..&.11OO....A/.R....Jchn.Egm........... ................4e.ttj.t jt,........................................ ................................................................................ to .... dtMZt ........ at premises located at ... I....."Pt..... "..gdi,.................................................................. .................................................zeach..$cadp..........Nattitu"...................................................... .................................................................................................................................................................. pursuant to application dated ................................11=13h...•••I....... 19....61}i and approved by the Building inspector Fee $.... . .I ........ .......... ..�..uf !.. ... , ...... ............... Building Inspector � � FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. RECEIVED CERTIFICATE OF OCCUPANCY OCT 12 2023 No Z-19394 Date' SEPTEMBERoninlgard of Appeals i THIS CERTIFIES that the building ADDITION Location of Property 1000 SOUND BEACH ROAD MATTITUCK, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 99 Block I, Lot 5 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 24, 1978 pursuant to which Building Permit No. 10033-Z dated NOVEMBER 24, 1978 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 ADDITION TO EXISTING ONE FAMILY DWELLING The certificate is issued to DONALD G. & JESSIE A. WITSCHIEBEN (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL Y A UNDERWRITERS CERTIFICATE NO. N-440051 - JULY 2, 1979 PLUMBERS CERTIFICATION DATED N/A Q-�6 B ilding Inspector Rev. 1/81 • FORM NO. 4 r , TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector I Town Hall Southold, N.Y. RECEIVED CERTIFICATE OF OCCUPANCY OCT 12 2023 No Z-23270 Date OCTOBER 7, 1994 Zoning Board of Appeals THIS CERTIFIES that the building ADDITION Location of Property 1000 SOUND BRACH DRIVE MATTITUCK, NY House No. Street Hamlet County Tax Map No. 1000 Section 99 Block 1 Lot 5 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 19, 1994 pursuant to which Building Permit No. 22245-Z dated AUGUST 9, 1994 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued iB A PATIO ROOF COVER TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to DONALD G. WITSCHIEBEN (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/h PLUMBERS CERTIFICATION DATED N/A ding Inspe&tor Rev. 1/81 I FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. RECEIVED CERTIFICATE OF OCCUPANCY OCT Y c� 2023 No: Z-29918 Dat :ZQ ft7 Q3rd of Appeals THIS CERTIFIES that the building ALTERATIONS Location of Property: 1000 SOUND BEACH DR MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 99 Block 1 Lot 5 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 10, 2003 pursuant to which Building Permit No. 29486-Z dated JUNE 13, 2003 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 ALTERATIONS TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to CAROL A WITSCHIEBEN & ANO. (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A i ELECTRICAL CEiRTIFICATE NO_ 1170731 10/15/03 PLUMBERS CERTIFICATION DATED N/A uth ized ignature Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspecto OCT Town Hall 2 2023 Southold, N.Y. Zoning Board of Appeals CERTIFICATE OF OCCUPANCY No: Z-33256 Date: 09/03/08 THIS CERTIFIES that the building ADDITIONS/ALTERATIONS Location of Property: 1000 SOUND BEACH DR MATTITUCR (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 99 Block 1 Lot 5 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 20, 2007 pursuant to which Building Permit No. 33005-Z dated MAY 8, 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 ADDITIONS AND ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIEDFOR PER TRUSTEES WITH FLOOD PERMIT. The certificate is issued to CAROL A WITSCHIEBEN&JANET LARSEN (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 07-9172 07/31/08 PLUMBERS CERTIFICATION DATED 09/02/08 BERTSAND Authorized Signature Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall RECEIVED Southold, N.Y. OCT 12 2023 CERTIFICATE OF OCCUPANCY Zoning g QB oard of Appeals NO: Z-33257 Date: 09/03/08 THIS CERTIFIES that the building DEMO & RECONSTRUCTION Location of Property: 1000 SOUND BEACH DR MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 99 Block 1 Lot 5 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 17, 2006 pursuant to which Building Permit No. 32255-Z dated AUGUST 1, 2006 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is RECONSTRUCTION OF A PORTION OF AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR PER TRUSTEES WITH FLOOD PERMIT. The certificate is issued to CAROL A WITSCHIEBEN & JANET LARSEN (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO_ 07-9172 07/31/08 PLUMBERS CERTIFICATION DATED N/A 6Afuthorized Signature Rev. 1/81 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit,site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district All applications requiring an agricultural data statement must be referr d to t ..4.ff lk Coun Department of Planning in accordance with Section 239m and 239n ofhe GenKrL-qW Pal Law. 1. Name of Applicant: Megan Carrick 0 C T 12 2023 2. Address of Applicant: Po Box 877 James ort NY 11947 3. Name of Land Owner(if other than Applicant): 1000 Sound Beach Dr. ft ar o ppeals 4. Address of Land Owner: 1000 Sound Beach Drive, Mattituck NY 11952 5. Description of Proposed Project: . Construction of a 2-car garage detached 6. Location of Property: (Road and Tax map Number) 1000-99-1-5.1 7. Is the parcel within 500 feet of a farm operation? { } Yes { No 8. Is this parcel actively farmed? { } Yes { } No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) W_ea,,o�7 - — 2 / 2 3, / 23 Sig r 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 review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 1 � /I 617.20 Appendix B IVED Short Environmental Assessment Form 2 2023 Instructions for Completing �/�� Part 1-Project Information. The applicant or project sponsor is responsible for the[2: �f1A►�s� s s '�: become part of the application for approval or funding,are subject to public review,and may brth ry mfica ion. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: 1000 Soundbeach Dr. LLC Project Location(describe,and attach a location map): 1000 Soundbeach Drive, Mattituck NY 11952 Brief Description of Proposed Action: Proposed construction of an accessory, detached garage. Name of Applicant or Sponsor: Telephone: 631-804-3796 Megan Carrick/Charles Thomas E-Mail: megan.cmtarchitecture@gmail. om Address: City/PO: PO Box 877 Jamesport State: Zip Code: NY 11947 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: X 3.a.Total acreage of the site of the proposed action? 0.71 acres buildable 0.31 b. Total acreage to be physically disturbed? 0.079 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.71 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial X Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, — NO YES N/A a.A permitted use under the zoning regulations? �ECEZ ED )( b. Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existinguilt or natural NOI YES landscape? X D .. 7. Is the site of the proposed action located in,or does it adjoin,a state listed CriticLEnvirenii;enlh . ek.pFe 34 YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: Dry Use X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: Dry-Use 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: El Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban IN 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? I*9 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 Runoff Stormwater Drywells Page 2 of 4 � J � 1 RECEIVED 18.Does the proposed action include construction or other activities tha result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? OCT 12 2023 If Yes,explain purpose and size: X Zoning Board o 19.Has the site of the proposed action or an adjoining property been the location of an active or clo O YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE �} Applicant/sponsorme: Megan Carrick Date: / �� 2 3 T Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 1 RF_,�;cIVED O C T1 �gr oderate q� to large impact impact Zoning Board ! peal may occur occur 10.,Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11: Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The bead 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 I Board of Zoning Appeals Application RECEIVED OWNER'S AUTHORIZATION OCT 12 2023 (Where the Applicant is not the Owner) Zoning Board of Appeals i, us Antononoulos residing at 1000 Sound Beach Dr (Print property owner's name) (Mailing Address) Mattituck NY 1195?do hereby authorize (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. By signing this document,the Property Owner understands that pursuant to Chapter 280- 146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board 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. -AW.— (O is Signature) Gus Antonopoulos (Print Owner's Name) ARTICLES OF ORGANIZATI N OF RECEIVED 1000 SOUNDBEACH DRIVE 4LC OCT 122023 Under Section 203 of the Limited Liability Company I aw Zoning Board of Appeals THE.UNDERSIGNED, being a natural person of at least eighteen (l ET years o of g,, and actin-g as the organizer of the limited liability company hereby being formed under Section 203 of the Limited Liability Company Law of the State of New York certifies that: FIRST: The name of the limited liability company is: 1000 SOUNDBEACH DRIVE LLC SECOND: To engage in any lawful act or activity within the purposes for which limited liability companies may be organized pursuant to Limited Liability Company Law provided that the limited liability company is not formed to engage in any act or activity requiring the consent or approval of any state official, department, board, agency, or other body without such consent or approval first being obtained, THIRD: The county, within this state, in which the office of the limited liability company is to be located is SUFFOLK. FOURTH: The Secretary of State is designated as agent of the limited liability company upon whom process against it may be served. The address within or without this state to which the Secretary of State shall mail a copy of any process against the limited liability company served upon him or her is: THE LIMITED LIABILITY COMPANY 1000 SOUNDBEACH DRIVE MATTITUCK, NY 11952 FIFTH: The limited liability company is to be managed by: ONE OR MORE MEMBERS. SIXTH: The existence of the limited liability company shall begin upon filing of these Articles of Organization with the Department of State. SEVENTH: The limited liability company shall have a perpetual existence. DOS-1239-f-1 t(Rev.02/12) FILE NUMBER:210527010433;DOS ID:6023610 Page 1 of 2 EIGHTH: The limited liability company shall defend, indemnify and.hold hannless all members, managers, and former members and managers of the limited liability company against expenses (including attorney's fees,judgments, fines, and amounts.paid in settlement) incurred in connection with any claims, causes of action, demands, damages, liabilities of the limited liability company, and any pending or threatened action, suit, or proceeding. Such indemnification shall be made to the fullest extent permitted by the laws of the State of New York,provided that such acts or omissions which gives,rise to the cause of action or proceedings occurred while the Member or Manager was in performance of his or her duties for the limited liability company and was not as a result of his or her fraud, gross negligence, willful misconduct or a wrongful taking. The indemnification provided herein shall inure to the benefit of successors, assigns, heirs, executors, and the administrators of any such person. I certify that I have read the above statements, I am authorized to sign these Art�eleS-EW-Qfganizz , that the above statements are true and correct to the best of my knowledge and elicf au5u-MEM-yD signature typed below constitutes my signature. OCT 12 2023 STEVEN WEISS (signature) 'ng Board of Appeals STEVEN WEISS , ORGANIZER ��(( ALLSTATE CORPORATE SERVICES CORP. O�JI✓ 99 WASHINGTON AVENUE, SUITE 1008 ALBANY, NY 12260 Filed by: ALLSTATE CORPORATE SERVICES CORP. 99 WASHINGTON AVENUE, SUITE 1008 ALBANY,NY 12260 ALLSTATE CORPORATE SERVICES CORP. (9I) DRAWDOWN CUSTOMER REF# 2323823 FILED WITH THE NYS DEPARTMENT OF STATE ON: 05/27/2021 FILE NUMBER: 210527010433; DOS ID: 6023610 Page 2 of 2 ;'TRS DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE CINCINNATI OH 45999-0023 Date of this notice: 06-01- 2021 Number: RECEIVED Employer Identification OCT 12 2023 Form: SS-4 Zoning Board of Appeals Number of this notice: CP 575 G 1000 SOUNDBEACH DRIVE LLC 7V KONSTANTINOS J ANTONOPOULOS SOLE MB 1000 SOUND BEACH DR For assistance you may call us at: MATTITUCK, NY 11952 1-800-829-4933 IF YOU WRITE, ATTACH THE STUB AT THE END OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN) . We assigned you This EIN will identify you, your business accounts, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, payments, and related correspondence, it is very important that you use your EIN and complete name and address exactly as shown above. Any variation may cause a delay in processing, result in incorrect information in your account, or even cause you to be assigned more than one EIN. If the information is not correct as shown above, please make the correction using the attached tear off stub and return it to us. A limited liability company (LLC) may file Form 8832, Entity Classification Election, and elect to be classified as an association taxable as a corporation. If the LLC is eligible to be treated as a corporation that meets certain tests and it will be electing S corporation status, it must timely file Form 2553, Election by a Small Business Corporation. The LLC will be treated as a corporation as of the effective date of the S corporation election and does not need to file Form 8832. To obtain tax forms and publications, including those referenced in this notice, visit our Web site at www.irs.gov. If you do not have access to the Internet, call 1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office. IMPORTANT REMINDERS: * Keep a copy of this notice in your permanent records. This notice is issued only one time and the IRS will not be able to generate a duplicate copy for you. You may give a copy of this document to anyone asking for proof of your EIN. * Use this EIN and your name exactly as they appear at the top of this notice on all your federal tax forms. * Refer to this EIN on your tax-related correspondence and documents. If you have questions about your EIN, you can call us at the phone number or write to us at the address shown at the top of this notice. If you write, please tear off the stub at the bottom of this notice and send it along with your letter. If you do not need to write us, do not complete and return the stub. Your name control associated with this EIN is 1000. You will need to provide this information, along with your EIN, if you file your returns electronically. Thank you for your cooperation. (IRS USE ONLY) 575G 06-01-2021 1000 999R�.�E3-4 OCT 12 zoD Zoning Board of Appeals Keep this part for your records. CP 575 G (Rev. 7- 2007) ------------------------------------------------------------------------------------------ Return this part with any correspondence so we may identify your account. Please CP 575 G correct any errors in your name or address. 9999999999 Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 06-01-2021 ( ) - EMPLOYER IDENTIFICATION NUMBER: 87- 0964559 FORM: SS-4 NOBOD INTERNAL REVENUE SERVICE 1000 SOUNDBEACH DRIVE LLC CINCINNATI OH 45999-0023 KONSTANTINOS J ANTONOPOULOS SOLE MB 1000 S 7ftard RMATTIT CK, N ��DO2 2023 ZOning of Appeals � \ti ,. LIMITED LIABILITY COMPANY OPERATING AGREEMENT t OF loon SOUNDBEACH DRIVE LLC FlnOCT CEIVED (A NEW YORK LIMITED LIABILITY COMPA ) 12 2023 DATED AS OF � a� a�oZ� __ Zoning Board of Appeals THIS LIMITED LIABILITY COMPANY OPERATING AGREEMENT(this "Agreement")has been made and entered into by and among the persons and/or entities whose names appear on Exhibit A annexed hereto(individually a"Member"and collectively the "Members"and as well the manager(s),individually'the"Manager"and collectively the "Managers'),for the purposes of setting forth the rights and obligations of the Members in and to[Name of Company] (the"Company")formed pursuant to the provisions of the New York Limited Liability Company Law(the"Act"). WHEREAS,the Company was formed on "� W I subject to the laws of the State of New York;and , WHEREAS,the parties hereto have agreed upon the terms and conditions that will govern their relationship and wish to reduce such agreement to writing; NOW,THEREFORE in consideration of the premises,the mutual agreements contained herein and other good and valuable consideration,the receipt and adequacy of which hereby are acknowledged,the parties hereto hereby agree as follows: ARTICLE I: THE COMPANY 1.1 Formation of Company.The Company was formed pursuant to the provisions of the Act.The rights and liabilities of the Members,the management of the affairs of the Company and the conduct of its business shall be as provided in the Act,except as otherwise expressly provided herein. 1.2 Name.The name of the Company is X Z00 acts o c �`c1y Q ��• however,the Manager(s),subject to the terms of this Agreement,may change the name of the Company at any time and from time to time upon written notice to the Members. 1.3 Term of Company.The term of the Company commenced upon the filing of the appropriate formation documents in the Department of State of the State of New York in accordance with the Act and shall continue until terminated in accordance with this Agreement or as provided by law. NY LLC-2 - 7REEIVED 12 W3 ard of Appeals 1.4 Puraoses of Company.The purpose of the Company i t�: engagean-any-la act or activity for which limited liability companies may be org under the Act;and(ii)do all ! things necessary,suitable or proper for the accomplishment of,or in the furtherance of the Company's business. 1.5 Offices.The Companu fai t p is ary office and principal place f business at �n� icti3 M,�nve ,o° suc o e aces of business as the Manager(s)deem advisable for the conduct of the Company's business and from time to time may change the Company's primary office atter notifying the Members in writing of any such changes. 1.6 Filings• The Manager(s)are authorized to execute,file and publish,or cause to be filed and published,with the proper authorities in each jurisdiction where the Company conducts its business and where the failure to file or publish would have a material adverse effect on the Company or such other places as the Manager(s)deems necessary or advisable,such- certificates or documents in connection with the conduct of Business as are necessary or desirable pursuant to applicable law. 1.7 Other Requirements.The Members from time to time shall execute,acknowledge, verify,file,and publish all such applications,certificates and other documents,or cause to be done all such other acts,as the Manager(s)may deem necessary or appropriate to comply with the requirements of law for the formation,qualification and operation of the Company as a limited liability company in all jurisdictions in which the Company shall desire to conduct its business operations. ) 1.8 Title to Company Assets.Title to,and all rights and interests in,the Company's assets shall be acquired in the name of and held by the Company,or,if required to be held in any other name,shall be held for the benefit of thre Company. 1.9 OPTIONAL Residential Real Estate. In the event that the Company is in the business of residential real estate,when applicable,in consultation with its legal counsel,it shall, provide the applicable governmental or regulatory body of New York State the requisite information related to the Company and the Members,which shall be denoted on Exhibit A-1 attached hereto.This includes compliance with New York State Tax Law§1409 and New York Administrative Code§11-2105. NY LLC-3 RECEIVED OCT 12 2023 Zoning Board of Appeals ARTICLE II: . MEMBERS,COMPANY INTERESTS AND CAPITALIZATION U 2.1 Initial Interests&Voting Rights.As of the date hereof,each person or entity named on the attached Exhibit A shall become a Member(and as applicable,a Manager)and shall be shown as such on the books and records of the Company.Each Member shall be required to contribute the full amount of said capital contribution("Capital Contribution')on the date hereof,unless otherwise determined by the Manager(s)or this Agreement.Each Member has been allocated the Interest set forth opposite such Member's name on Exhibit A annexed hereto.Each Member's Capital Contribution shall also be provided on Exhibit A.Each Member shall be entitled to vote unless otherwise provided by this Agreement. 2.2 No Withdrawal of Capital Contributions.Except upon dissolution and liquidation of the Company,no Member shall have the right to withdraw,reduce or demand the return of any part of his/her Capital Contribution. 2.3 Return of Capital Contributions.Except upon dissolution and liquidation of the Company or as otherwise provided herein,there is no agreement,nor time set,for the return of any Capital Contribution of any Member.A Member shall look solely to the assets of the Company for the return of his,her or its Capital Contributions,and if the assets remaining atter the payment or discharge of the debts and Iiabilities of the Company are insufficient to return his,her or its Capital Contributions,the Members shall have no recourse against the CM1Manager(s)for such insufficiency. 2.4 No Oblintion to Restore Negative Balances in Capital Account.No Member shall have an obligation,at any time during the term of the Company or upon its liquidation,to pay to the Company or any other Member or third party an amount equal to any part or all of the negative balance in such Member's capital account. 2.5 No Liability of Members,Manager(s)and Their Affiliates For Capital an&Debts_.' The debts,obligations and liabilities of the Company,whether arising in contract,tort or otherwise,shall be solely the debts,obligations and liabilities of the Company.Neither the Members,the Manager(s)nor any person that is an affiliate of a Member or the Manager(s) shall be obligated personally for any such debt,obligation or liability of the Company solely by reason of being a Member,acting as the Manager or being an affiliate of any of them. 2.6 Withdrawal by a Member.No Member shall have the right to withdraw from the Company without the prior written consent of the Manager(s).From and after the effective date of such withdrawal,the withdrawing Member shall not be entitled to receive any distributions from the Company. NYLLC-4 REC�Iv�Q U-' ARTICLE III: Q23 CAPITAL ACCOUNTS:ALLOCATIONS OF NET PROI ,N9T LOSSES& DISTRIBUTIONS °f Appeals Zoning Board 3.1 Capital Accounts.The Manager(s)shall maintain sepal t'e ital a unts and distribution accounts for each Member.Each Member's Capital Account shall be determined and maintained in the manner set forth in Treasury Regulation 1.704-1(b)(2)(iv)and shall consist of their initial capital contribution increased by: • Any additional capital contribution made by him/herrt; • Credit balances transferred from his distribution account to their capital account and decreased by;(1)Distributions to him/her/it in reduction of Company capital;and(2) The Member's share of Company losses if charged to his/her/its capital account. 3.2 Distributions Generally.To the extent any distributions pursuant to this Agreement were incorrectly made,the recipients shall promptly repay all incorrect payments and the Company shall have the right to set off any such incorrectly paid amount against any current or future sums owing to such recipients. 3.3 Limitations on Distributions.In determining the timing and amount of distributions,if any,the Manager(s)shall consider the best interests of the Company provided,however that :..� no distributions will be made if the making of such distributions would impair the business of the Company or violate the Act,or any restriction imposed by this Agreement. 3.4 Distributions in Kind.Ifthe Company makes a distribution in kind of Company property,the capital accounts of the Members shall be debited or credited as though the property had been solo for an amount equal to its fair market value and the amount received on such sale had been distributed. 3.5 Net Profits and Net Losses. Net profits and net losses shall be allocated to the Members in the manner set forth below,as adjusted from time to time,and for this purpose,at the end of the month that includes the date on which there occurs the admission of a new member in the Company or a valid transfer of all or part of a Member's Interest.Net profits and net losses during each of the Company's fiscal years shall be allocated as set forth below: (a) Allocation of Net Profits.First,to the Members in an amount sufficient to reverse the cumulative amount of any Net Losses allocated to the Members in the current and all prior fiscal years and(in the inverse order of such allocation)which have not been previously offset, in proportion to the allocation of such net losses to such Members;and,the balance,to the Members pro-rata in accordance with their respective interests. (b)Allocation of Net Losses.First,to the Members in the amount and in proportion to the net profits,if any,allocated to the Members as noted herein,and until the cumulative amount of net losses allocated equals the cumulative amount of net profits allocated to each Member and not previously offset pursuant to this Section 3.5; Second,to the Members,in proportion .J NY LLC-5 E to the positive balance in their respective capital accounts,until th capitlMembers have reached a zero balance;and the balance,to the Me biers pdanwith their percentage interests. on eals 3.6 General Limitation.Notwithstanding anything to the contrary contained in this Section III,no allocation of net losses or items of loss or deduction shall be made to a Member which would cause such Member to have a deficit balance in his,her or its capital account. 3.7 Withholding.The Company may withhold and pay any taxes with respect to any Member which it is required to withhold and pay over under applicable tax law.Each Member hereby authorizes the Company to withhold from or pay on behalf of or with respect to such Member any amount of Federal,state,local or foreign taxes that the Manager(s)determines that the Company is required to withhold or pay with respect to any amount distributable to such Member pursuant to this Agreement.The Manager(s),on behalf of the Company,shall be entitled to take any other action it determines to be necessary or appropriate in connection with any obligation or possible obligation to impose withholding pursuant to any tax law or to pay any tax with respect to a Member.Any such taxes may be withheld from any distribution otherwise payable to such Member or,if no sufficiently large distribution is imminent,the Company may require the relevant Member to promptly reimburse the Company for the amount of such tax withheld and paid over by the Company.No such reimbursement payment will be considered a Capital Contribution for purposes of this Agreement and shall not increase the capital account of the Member making such reimbursement payment,taxes withheld on amounts directly or indirectly payable to the Company and taxes otherwise paid by the Company shall be treated for purposes of this Agreement as distributed to the appropriate Member and paid by the appropriate Member to the relevant taxing jurisdiction. ARTICLE IV: MANAGEMENT&MEMBERS 4.1 General.The name and place of residence of each Manager is attached as Exhibit A of this Agreement.By a vote of over tuts %of the Members,the Members shall elect so many Manager(s)as the Members determine,but no fewer than one.The elected Manager(s)may either be a Member or Non-Member. 4.2 Compensation.The Manager(s)may be compensated.The compensation of the Manager(s)shall be determined by a &/o of the Member(s). 4.3 Removals,Vacancies.A Manager may be removed at any time as determined by a majority vote of_1a!/*of the Members. 4.4 Expenses. The Company shall pay all of its own operating,overhead and administrative expenses of every kind.Manager(s)will also be entitled to reimbursement from the Company for reasonable expenses incurred in connection with the performance of his,her or its duties hereunder so long as the particular Manager submits appropriate documentation for such expenses. NY LLC-6 4.5 Manaeement Authority. Except as otherwise provided inCthijs�A -emen�th Managers)shall have all rights and powers that may be possess �i�gel(s�{ai�der theAct on behalf and in the name of the Company to cavy out anythe objects and purposes of the Company and to perform all acts and affairs of th businW*bJcU il$y dee necessary or desirable and which are not otherwise prohibited un ter this Agreement. nin Poard of Appeals 4.6 Items Require Consent._Except with the consent of lob °P °the Wemberssnthich consent cannot be unreasonably withheld,the Manager(s)shall not: 1. enter into a merger,consolidation,recapitalization or other reorganization of the Company or a sale of all or substantially all of the Company's assets; 2. enter into any equity financing or issue additional Interests in the Company; 3. borrow money for the Company and pledge,mortgage or grant security interests in any assets of the Company to secure such borrowings; 4. admit additional Members,other than pursuant to this Agreement; 5. approve or adopt any equity incentive plans for employees or other persons; 6. materially change the nature of the Company's business; 7. amend,alter or otherwise modify any interest or equity or debt security issued by the Company; 8. consent to any tax audit adjustment in respect of taxes; 9. create or allow the creation of any material lien with aspect to the property of the Company;or 10. make any loans or provide guarantees of liabilities of any other person. 4.7. Fiduciary Duty,The Manager(s)shall have a fiduciary responsibility for the safekeeping and use of any Company funds,property and assets,whether or not in his,her or its immediate possession,the Manager(s)shall not employ or permit another to use any of the Company's funds,property or assets in any manner except for the exclusive benefit of the Company.In fulfilling his,her or its fiduciary duty,the Manager(s)shall exercise his,her or its business judgment in a manner that is reasonably consistent with that which would be applied by a reasonable person under similar circumstances. 4.8 Officers.The Manager(s)may,from time to time,but shall not be required to,designate or appoint one or more officers of the Company,including without limitation,a chairman of the board,a chief executive officer,president,one or more vice presidents,a secretary,an assistant secretary,a treasurer and/or an assistant treasurer.Such officers may,but need not be, employees of the Company or an affiliate of the Company.Each appointed officer shall hold such office until(i)his or her successor is appointed,(ii)such officer submits his or her resignation or(iii)such officer is removed,with or without cause by the Manager(s).All officers shall perform his or her duties in good faith and with such degree of care,which an ordinarily prudent Person in a like position would use under similar circumstances. NY LLC-7 RECEIVED 0 C T 12 2023 4.9 Members Have No Management Powers. Except as otherwise eEfEgifimrp ssly provided herein,the Members(other than the Manager)shall take no part in or tnm ►deals with the management,conduct or control of the Company's business and nb Member-shat have any right or authority to act for or bind the Company in any manner whatsoever. Members shall have only the right to vote on specified matters as set forth in this Agreement, if any,or as required by the Act. 4.10 Member Meetings. Meetings of the Members shall be held at such place,on such date and at such time as may be determined by a Majority Vote.Special meetings of Members may be called by the Managers)if a Company matter requires the vote of the Members.The Members may,in their sole discretion,determine that a meeting shall not be held at any geographical place,but shall instead be held solely by means of remote communications in a manner determined by the Members.There shall be no requirements that formal meetings of the Members be held. 4.11 Quorum-The presence in person,by participation via telephone or other communications equipment,or proxy,of the Members holding a_LL0216 of the interests entitled to vote shall constitute a quorum at all meetings;provided,however,that if there be no such quorum, Members(or their proxies)shall have the power to adjourn the meeting from time to time without notice other than an 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 that might have been transacted at the meeting originally called. `- 4.12 Voting by Proxy.Each Member entitled to vote pursuant to this Agreement may authorize any person to act for him,her,or it by proxy in all matters in which a Member is entitled to participate.Every proxy must be signed by the Member or his,her or its attomey-in- fact.Every proxy shall be revocable by the Member executing it. 4.13 Action at Meeting.When a quorum is present at any Member meeting,any matter to be voted upon by the Members at such meeting shall be decided by the Members holding the required percentage of interests as required by express provision of this Agreement or the Act. ARTICLE V: INDEMNIFICATION 5.1 General.The Company shall have the power to indemnify any person or entity who was or is a party or is threatened to be made a party to any threatened,pending or completed action, suit or proceeding,whether civil,criminal,administrative or investigative by reason of the fact that the person or entity is or was a Manager(s),officer,employee or agent of the Company or is or was serving at the request of the Company as a director,officer,employee or agent of another entity,against expenses(including attorneys'fees),judgments,fines and amounts paid in settlement actually and reasonably incurred by the person or entity in connection with such action,suit or proceeding if such person or entity(an"Indemnified Person")acted in good faith in any manner the Person reasonably believed to be or not opposed to the best interests of NY LLC-8 RECEIVED the Company and,with respect to any criminal action or proceeding,had o reas&Welc&U23 to believe his/her conduct was unlawful.The termination of any action, 't or proceeding by judgment,order,settlement,conviction or upon a plea of nolo contendere r ,ty��¢@taf Appeals shall not,of itself create a presumption that the person or entity is not an _.demniied Person 5.2 Exaenses.The Company shall have the power to indemnify any Indemnified Person against expenses(including attorneys' fees)actually and reasonably incurred by such party in. connection with the defense or settlement of such action or suit except that no indemnification shall be made in respect of any claim,issue or matter as to which such party shall have been adjudged to be liable to the Company,unless and only to the extent that the court in which such action or suit was brought shall determine upon application that,despite the adjudication of liability but in view of all of the circumstances of the case,such party is fairly and reasonably entitled to indemnity for such expenses which such other court shall deem proper. To the extent that an Indemnified Person has been successful on the merits or otherwise in defense of any action,suit or proceeding or in defense of any claim,issue or matter therein, such individual or entity shall be indemnified against expenses(including outside attorneys' fees),actually and reasonably incurred in connection therewith.Expenses incurred by an Indemnified Person in defending any civil,criminal,administrative or investigative action,suit or proceeding may be paid by the Company in advance of the final disposition of such action, suit or proceeding upon receipt of a written undertaking by or on behalf of such Indemnified Person to repay such amount if it shall ultimately be determined that such party is not entitled to be indemnified by the Company as authorized hereby.Such expenses(including outside attorneys'fees)incurred by Indemnified Persons may be so paid upon such terms and conditions,if any,as the Manager(s)deems appropriate. 5.3 Determination of Indemnification.A determination that indemnification is available pursuant to subsections(a)and/or(b)shall be made by the Manager(s)or,if the Manager(s)is the subject of the proceedings for which indemnification is sought,by independent counsel. 5.4 Exclusivity of Rights.The indemnification and advancement of expenses provided by or granted pursuant to this Section shall not be deemed exclusive of any other rights to which those seeking indemnification or advancement of expenses may be entitled to under any agreement or otherwise.The Company,at its sole and unfettered discretion(with no overt obligation),shall have the power to purchase and maintain insurance on behalf of any Indemnified Person. NY LLC-9 RECEIVED ARTICLE VI: OCT 12 2023 BOOKS&RECORDS Zoning Board of Appeals 6.1 Books of Account. Complete books of account shall be kept by-the-Manager(s). -th principal office of the Company(or at such other office as the Manager may designate).The method of accounting to be used in keeping the books of the Company for financial accounting purposes shall be determined by the Manager(s)in accordance with applicable law. 6.2 Tax Elections.The Manager(s)shall have the authority to cause the Company to make any election required or permitted to be made for income tax purposes if the Manager(s) determines that such election is in the best interests of the Company. 6.3 Bank Accounts.The Manager(s)may maintain one or more bank accounts for such funds of the Company as it shall choose to deposit therein,and withdrawals thereof shall be made upon such signature or signatures,as the Manager(s)shall determine. 6.4 Tax Returns.The Company shall prepare income tax returns for the Company and shall further cause such returns to be timely filed with the appropriate authorities. w�/ shall act as the"tax matters partner"("TMP')of the Company,as such term is defined in Section 6231(a)(7)of the Internal Revenue Code of 1986,as amended and the regulations promulgated thereunder(the"Code"),and shall have all the powers and duties assigned to the TMP under Sections 6221-6231 of the Code and the Regulations thereunder. The Members agree to perform all acts necessary under Section 6231 of the Code and the C - Regulations thereunder to designate such person as the TMP. The Company shall indemnify and reimburse the TMP for all expenses(including legal and accounting fees)incurred as TMP pursuant to this Section 6.4 in connection with any administrative or judicial proceeding with respect to the tax liability of the Members as long as the TMP has determined in good faith that its course of conduct was in,or not opposed to,the best interest of the Company.. 6.5 Tax Status.Each Member acknowledges that the Company will be recognized as a %= \-LC-. for Federal income tax purposes and will be subject to all applicable provisions of the Code. NY LLC-10 FSAl- 0 CARTICLE VII: zoning TRANSFERS OF INTERESTS OF ME S 7.1 Transfer Limitations. Except as otherwise set forth in this Agreement or as otherwise provided in the Act,a Member may not transfer his,her or its interest in the Company without the prior written consent of the Members holding more than lon %interest(which consent to any transfer may be withheld without any liability or accountability to any person). Notwithstanding anything to the contrary in this Agreement,any transfer of an interest in violation of the provisions of this Agreement shall be void and shall not bind the Company. 7.2 Disability or Death of Member. Upon either the death or disability of any Member,(an "Involuntary Selling Member")the Manager(s),on behalf of the Company,shall have the right,exercisable at any time,within ninety(90)days after the Company learns of a Member becoming an Involuntary Selling Member to repurchase all of such Involuntary Selling Member's interest for an amount in cash equal to the fair market value of the Involuntary Selling Member's interest.The Manager(s)shall exercise this right by sending written notice within said ninety(90)day period to the executor or representative of the Involuntary Selling Member,as the case may be,at his,her,or its address,if known,or to the Involuntary Selling Member in question at his or her address specifying a date within sixty(60)from the end of such ninety(90)day period when the repurchase shall be consummated.The Company may pay all or a portion of the repurchase price for such Involuntary Selling Member's'interest by setting off and canceling any indebtedness then owed by the Involuntary Selling Member to the Company,if any,with the balance of the repurchase price to be paid in cash. ARTICLE VIII: DISSOLUTION AND TERMINATION 8.1 Events That Trigger Dissolution.The following events shall trigger dissolution of the Company,except as provided: (a)The death,permanent incapacity,bankruptcy,retirement,resignation or expulsion of a member,except that within of the happening of any of these events,all remaining members of the Company may vote to continue the legal existence of the Company, in which case the Company shall not dissolve; (b)The expiration of the term of existence of the Company if such term is specified in the Articles of Organization,Certificate of Formation or a similar organizational document,or this Agreement; (c)The written agreement of all members to dissolve the Company; (d)Entry of a decree of dissolution of the Company under state law. 8.2 Effect of Certain Events on the Company's Existence.The death or disability of any individual Member or bankruptcy,dissolution or similar event of any other Member shall not dissolve or terminate the Company. 0 NY LLC-11 RECEIVE® OCT 12 2023 ARTICLE IX: Zoning Board of Appeals MISCELLANEOUS 9.1. Governing Law.This Agreement and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed by the laws of the State of New York,without giving effect to principles of conflicts of law. 9.2 Entire Agreement.This Agreement sets forth the entire agreement between the parties with respect the subject hereof and merges all prior discussions between them. 9.3. Notice.Any notice,demand or request required or permitted to be given by either the Company or the Member pursuant to the terms of this Agreement shall be in writing and shall be deemed given when delivered personally or deposited in the U.S.mail,as certified or registered mail,with postage prepaid,and addressed to the parties at the addresses of the parties.set forth at the end of this Agreement or such other address as a party may request by notifying the other in writing. 9.4. Successors and Assigns.The rights and benefits of the Company under this Agreement shall be transferable to any one or more persons or entities,and all covenants and agreements hereunder shall inure to the benefit of,and be enforceable by the Company's successors and assigns.The rights and obligations of the Member under this Agreement may only be assigned with the prior written consent of the Company and any purported transfer otherwise shall be � null and void. 9.5 Amendment;Enforcement of Rights.No modification of or amendment to this Agreement,nor any waiver of any rights under this Agreement,shall be effective unless in writing signed by the parties to this Agreement. Either party's failure,to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of any such provision or provisions,nor prevent that party thereafter from enforcing each and every other provision of this Agreement.The rights granted both parties herein are cumulative and shall not constitute a waiver of either party's right to assert all other legal remedies available to it under the circumstances. 9.6 Cooperation._The Member agrees upon request to execute any further documents or instruments necessary or desirable to cavy out the purposes or intent of this Agreement. 9.7 Counterparts.This Agreement may be executed in two or more counterparts,each of which shall be deemed an original and all of which together shall constitute one instrument. 9.8 Electronic and Facsimile Signatures.Any signature page delivered electronically or by facsimile(including without limitation transmission by.pdf)shall be binding to the same extent as an original signature page,with regard to any agreement subject to the terms hereof or any amendment thereto.Any party who delivers such a signature page agrees to later deliver an original counterpart to the other party if so requested. NY LLC-12 IVSD D V CE T 12.2023 9.9 Severability. If one or more provisions of this Agreemente uner�ob1d under applicable law,the parties agree to renegotiate such proviaia tai.IItL e-eventhat the parties cannot reach a mutually agreeable and enforceaberepcement for such provision,then(i)such provision shall be excluded from this Agreement,(ii)the balance of the Agreement shall be interpreted as if such provision were so excluded and(iii)the balance of the Agreement shall be enforceable in accordance with its terms. 9.10 Attorney's Fees.If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement,the prevailing party shall be entitled to reasonable attorneys' fees, costs,and disbursements in addition to any other relief to which such party may be entitled. The Company and the Member shall bear their own expenses and legal fees incurred on their behalf with respect to this Agreement and the transactions contemplated hereby. 9.11 Aelmowledoment.Member has reviewed this Agreement in its entirety,has had an opportunity to obtain the advice of counsel prior to executing this Agreement and fully understands all provisions of this Agreement. 9.12 Titles and Subtitles.The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. 9.13 Grant of Power.Each Member constitutes and appoints the Manager(s)as the Membees true and lawful attorney-in-fact C Attorney-in-Fact')and in the Member's name,place,and stead,to make,execute,sign,acknowledge and,if appropriate,file: ~�) • all such documents or instruments to reflect the admission to the Company of a substituted Member,an additional Member,or the withdrawal of any Member,in the manner prescribed in this Agreement; • all such documents or instruments which the Manager(s)deems necessary,appropriate, or helpful in the ordinary course of the Company's business,in the manner prescribed in this Agreement,but not limited to,documents to open accounts,acquire,hold,dispose of or encumber any investments;provided that,no such document shall subject the Member on whose behalf the power of attorney is being exercised to personal liability or is otherwise adversely affecting such Member's rights,privileges,benefits or obligations pursuant hereto; •all documents which the Attorney-in-Fact deems appropriate to reflect any amendment, change,or modification of this Agreement or any exhibit thereto; •any and all other certificates or other instruments required to be filed by the Company under the laws of the State of New York or of any other state or jurisdiction,including, without limitation,any certificate or other instruments necessary in order for the Company to continue to qualify as a limited liability company under the laws of the State of New York or to do business under the laws of any other state or jurisdiction; and •all documents which may be required to dissolve and terminate the Company. 0 V NY LLC-13 RECEIVED OCT 1 .2 2023 9.14 GAj eneral Rules of Construction.As used in this Agreement,prop u2W�albrefeS toy male els U y oar n or female persons or corporate entities where such construction is requi v-d_to the meaning g a provision contained herein. Whenever a singular or plural number is used herein,the same shall refer to the plural or singular,as applicable,as well.Unless the context clearly requires otherwise,the words`hereof,herein and hereunder' and words of similar import shall refer to this Agreement as a whole and not to any particular provision hereof.The terms`including' and`include'however used are not limiting and mean including without limitation.In the event an ambiguity or question of intent or interpretation arises,this Agreement shall be construed as if negotiated and drafted jointly by the parties hereto,and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF,the undersigned Members have caused this counterpart signature page to this Limited Liability Company Operating Agreement to be duly executed on the date set forth below,to be effective as of the date set forth above. MEMBER ` Member Name- rrs'�tcvnps LG�►s1 Atm ocnp � [Member Name] [ADD MEMBERS AS APPLICABLE] NY LLC-14 RECEIVED EWMIT KA" OCT 12 2023 MEMBER INITIAL CONTRIBU'T'IONS& REST j Zoning Board of Appeals MEMBERS n Member Name: Yvzx��roS Contribution: J�o Percentage Ownership: `\gS a, Address: Vimo %cs,,66 1 o IN -\\4Q- Other: _ Member Name: Contribution• Percentage Ownership: Address: Other: Member Name: Contribution: Percentage Ownership: Address: Other: MANAGERIS] ' Manager Name: Kt=vSL�cXc-sa S 'Tzx�K, S Contribution: ko b Percentage Ownership: 0 0'�'10 Address: -, �c N`l Other: Manager Name: Contribution: Percentage Ownership: Address: Other: t NY LLC-15 RECEIVED OCT 12 2023 Zoning Board of APPLICANT/OWNER Appeals TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Antonopoulos Gus (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP tember Submitted this 14 day of Se P ,20 23 Signature Print Name Gus Antonopoulos 9/14/23 RECEIVED AGENT/REPRESENTATIVE 0 C T j TRANSACTIONAL DISCLOSURE FORM 122023 The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officer an3+QPov egs�rThR,pugose of this form is to provide information which can alert the town of possible conflicts of interest and allow i'tto-take_whatever acM necessary to avoid same. YOUR NAME: Carrick, Megan (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the 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 day of20 23 Signature Print Name� �U 0 lc vr��C Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FO 0 C T 12 2023 A. INSTRUCTIONS Zoning Board of Appeals 1. All applicants for permits* including Town of Southold agencies;shall coTnglete-this-Cfor proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 99 - 1 _ 5.1 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. ® Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity, agency regulation,land transaction) (b) Financial assistance(e.g. grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: To construct an accessory detached garage. Location of action: 1000 Soundbeach Drive Mattituck Site acreage: 0.71 Acres or 0.31 Acres of buildable land OCT 12 2023 Present land use: Single Family Residential Zdnrng Board o p- eals Present zoning classification: R-40 �--` "--- 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: 1000 Soundbeach Drive LLC (b) Mailing address: 1000 Sound Beach Drive Mattituck NY 11952 (c) Telephone number:Area Code( ) 516-884-0220 (d) Application number, if any: Will-the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No 0 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. ❑X Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold., See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No © Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold--See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria RECEIVED ® Yes 0 No 0 Not Applicable OCT 12 2023 r Zoning bOa " yj Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ® Yes E No [] Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No ©Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. R Yes F No© Not Applicable Attach additional sheets if necessary KL Policy 7. Protect and improve air quality in the Town of Southold. See LMRP Sep&.dn11lft nRlicie Pages 32 through 34 for evaluation criteria. Zoning Board of Appeals ❑ Yes ❑ No© Not Applicable -- Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. n ❑ Yep--1 No IF Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable rrC Al Attach additional sheets if necessary OCT 12 2023 Policy 11. Promote sustainable use of living marine resources in Lon Island Sound, the Pec nic Estuaryand Town waters. See LWRP Section III—Policies; Pages 57 throu h RiftSt� aCi ' 'o crit , g io crate 'a. ❑ Yes ❑ No © Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑Yes ❑ No© Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable Created on 512510511:20 AM Pictrure Taken Looking North N C M O CL Q p Ui Q O 1b. LU �! O R , r t s , ., -_. .�/rJ/1���y'{"F7"ty`�} ••_ 2..... Y -k.[.7►( �.M(-•�-�,iLi��l.'3' .- - .+ \ i` -• f �3 R y�V`� l-`r"t'JY•L; •yt'Z- y. `� +{�;f'� T+nor '•I1' -F'�•�•� `'<s I�� �1 T� .. _ _ < .,..r Project Name: 1000 Soundbeach Dr LLC Residence Date Photographed: 09/23/2023 SCTM #: 1000-99-1-5.1 Address: 1000 Soundbeach Drive, Southold NY 11971 r {} '�• �j ROM �. sea y`�a�r 7AA Y'' i l IRA '',j► .•11.T ~�`• i' T� ',is'�<�'4 t 4►'�- t•'t �~s•_a. +Si• i -�,*" �w�-� r .. •�3,Y �Y!�1�, �"�s r -_ }'' .lay .,! s 4✓ Ait V '. -.�-'.1Ar•_ J,,."'' j` �• a �. � �'" .`._ i.'' .�'"•-. 7 Nt 4 4.• Ji 4 1 �vA t 1. iE�`7I C•� f irk} to �� "r.• •1 A � a�1����.'� � _ . rL any, t''-r'+ •Jt .�'.�.����� �;r i -'�1 '.��7v .rr� ;.i�.,�` •it_r.►'�r�N •Y.• r. ►r sit - "Y"' 7 ��rr � �� "� '1 ;�y+.,�. .�. `� ,.;r.�' �''•� •r �' a�;, -�• ~... N • . 111 • ••- • � - •- �. • •• .• -• 1• 1 111 •• ` •• - 111 • 4 ••. • iTel•I il,MA MMON Pictrure Taken Looking East 0 o a W N Q Ui 1 U ~ ° W t u- a <,}_ y a • � _ ,vim:l. i=� n•R; F h. er .'�. �'-�za�' lir�. .s.• x w+ .. - i _ — . . :% �_ x•:'�•sem'!.�; �"t. r � , � ♦� R� ;` 5� 1gC��RtY �."py .+ +tlak a sa �• •_ oti sF ` `� Tr ". �. ;� „r�'. .1�- ,.-, ...`t, � i�'!G` �., ra �n� •' • 1��,� 4'ti_ ,y...y..: � 141 .• A� 5. •T•� i i be � i ,.��` •��• _ i' 4 71�, �1f�.: ��'=� ���,'i ,psi.. _Y{.�, a`J•c'�,�{aya."'�- '-y����• "�.s ,,,,,tet _ `y i,�}C�. y •��.��'�r.�I !� +�7, ��./ /► �j• �'�•17 •1 �� •fit Y•y�y},,y�y-T ����� •�J x �. 1 .f/1.� �!C`j������iM�Kjfi "1.1 :�. V 1�.• j�+y� �. Y'lt��"TJ'.' I �`-� ��M�.w. � �� I • M e .F� t -``+t y. .:.- '� "� �� ,,,;.' ly�i '+�Td�i�`� _ j'ai:�' �.t •C'� 7�kr�"` �•eu � ►'� � s. _ � `_� .�•n- .r ��A j,� r t 'p tf. Z.r. ,sung. y;L���'�'r'"'ti•� �'... -i � �.����^ .. �.r ..' :'9C `,��+ TT .l •�(]'"�;/�•1 A rye`!"V1CI� `ZYY`�`` `�{Ry � �r �'_ 1'� `,Wars ;r� �r^�: �,,a ,�, 4i ,•l �• •�� �`- a� Project Name: 1000 Soundbeach Dr LLC Residence Date Photographed: 09/23/2023 SCTM #: 1000-99-1-5.1 Address: 1000 Soundbeach Drive, Southold NY 11971 Pictrure Taken Looking West c+JOL C"J OL W N ¢ ! W U �— a E.a cY_ o V N s � Project Name: 1000 Soundbeach Dr LLC Residence Date Photographed: 09/23/2023 SCTM #: 1000-99-1-5.1 Address: 1000 Soundbeach Drive, Southold NY 11971 TOWN 017 SOU T HOLD P4PERTY RE-CORD OWNER STREETVILLAGE DISTRICT SUB. LOTto , r; k`,.0 t-6C G Lits ex", l�jJ SCC "� /11 A t FORMER OWNER N E ACR �GE S fin/ TYPE OF BUILDING �j SEAS. t/ VL. FARM COMM. I IND. CB. I MISC. LAND IMP. TOTAL DATE REMARKS S o v Sf e-, ? r 1 N to �AGE 4 , fi a NEWO AL c*� ELOW ABOVE � -- o - Form Act e" V,;;lue Per Acre Value /�1P9 'Tq�Z= IAI S 0 4)AkQ Tillable 1 U V 7) P rd 00 i Tillable 2 o -- 1 Tillable 3 i N - --- f ---- --------- Wcodland Swampland Brush lan r House Plot Tcta l a { r -TOWN OF 50JT OLD P EC®R® CARD OWNE d0 STREET VIL - -- - _ DISTRICT SUB. LOTQ. y. + --- — _ w FORMER OWNER N E ACREAGE S W TYPE OF BUILDING -Ar if3� RES. SEAS. VL. FARM COMM. I IND. ( CB. ( MISC. /0x,;ost. Mkt. Value X *- LAND IMP. TOTAL DATE REMARKS L x X115 _ '2ben � '4 s ' -- /0 1(r�_-.a. II� 11 0 4wk,Ln rU&t v , bEr)Okno--M'^ / t� Zc7 c 00c> ! ^ 3/1 Ela W — f 4 �0 10 !? 3►µ-3005 �S AOD -1 -40on BUILDING C DIT !;#0=0 58 01 bpacidl 0(15 f Coto u'ti"S* 32_ 32.00 (� 2-1 FRONTAGE ON WATER cy: arm Acre �F� V lue FRONTAGE ON ROAD ? �2a l 7 ` sl y QC r hou -� a I n Tillable 1 BULKHEAD _-- - _-- 8 ) F.;p*3ZZSS-c�-rna t rcCDnstruc-+iGA__ Com__ I Tillable 2 DOCK able 3 A ✓ P E i/� Z,?O , Woodland Swampland o Brushlond 2 o House Plot 0 n rn — o —C M Total a TOWN OF 5GtJTHOLD PROPERTY RECORD OWNER STREET VILLAGE DISTRICT SUB. LOT �.lj��y 6 FORMER OWNER N E ACREAGE /z / Is W TYPE OF BUILDING j ( SEAS. VL. FARM COMM. I IND. I CB. I MISC. I Est. Mkt. Value LAND IMP. -- TOTAL DATE REMARKS SooLU N -j---- ------ _.---- _. L AGE w m BUILDING CONDITION NEW NORMAL .E BELOW ABOVE FRONTAGE ON WATER " ; N Farm re Value Per Acre Value FRONTAGE ON ROAD i enable 1 BULKHEAD Tillable 2 DOCK Tillable 3 ✓ P— fGJQ Wood land Swampland Brushland House Plot Tota u 44- F-FF-,---- t5� tt� rn ` - n x C �6 ldg. I C%' i - j 6Q ( � ` �� Foundation Both 1 — --- — 1 z ;a � / �xtension � � � ! � �� + Basement � , � 2 Floors Ia Extension 1c6 X � ' Z t1 Ext. Walls . _ Interior Finish HID Extension ,`{ f s �1 .°...° l Fire Place d h Heart 1,741 Porch Attic 2 3 C Porch Rooms 1st Floor I B `� Patio Rooms 2nd Floor /4"12 _ /2 o 60 - ------ Garage Driveway i O. B. 3 7? f ■■■■■■■■■■■■■■■■■■■■■■■■■■■■ MEMO ■■■■■■■N.S.E=M■R■■■■I■■■■■■■■■ . ■■■■■■■■■■■■■■■■■■■■■■■■■■■■ • _ ® �® ARTIAL . :. ®® .. Interior IF inish ., • WE N .. Baths -� Library/ St . ■ +-- ..� __ ■ __tom � I � 41 71 99-1-5,12/04 Z -� - `--+-- 4-11 o r- p C%-) a 1- j- ' - I i - -- N M. Bldg, ��'�/ $'� SiW Foundation Bath Extension ,fyft 32-` w v CO Basement Floors v� d.rc lftti E=xtension � o Ext. Walls �-Y �;� � Interior Finish — r - --- - ---- Extension I Fire Place �jQ, Heat O��l Porch Roof Type — I , Porch Rooms 1st Floor BFeeze Patio Rooms 2nd Floor i Garage '� � � Driveway --� �-- Dormer � �--- -- 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 REMEIVED 0 CT 1 3 2023 Southold Town Clerk m of Southold P.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 11952 Clerk ID: JENNIFER Internal ID:7859 i, 1000 SOUNDBEACH DRIVE LLC .1059 :1 1000 SOUND BEACH DR :1-7100/2260 MATTITUCK,NY 11952 c 815 DateCHECK AIIMOIf op I Pa to the lowN Or cau Order of J _ \,_asp- j f 1 ; . 4�+c usohd Two Auk)dw-A AV,d FIT DL alnd 00CeY¢S Dollars FEW New York AndnsdmaoM- .., { oaaem c—"sow B,mnk•kn yn sa.na,Bank Community Bank 1gc"m°WC°e^Msa. fp3 k.. lS-."Snk A/mSre Bank•Gmden A Co djy lmd[ 1 MembuFD:C OBIo SaWrW lank•AmT.,1 Bank ForyAFur�NGC �•-Ilaherq CL dte' :... •._ ..r4,.,.,..r`.,.[_.-_;;...--_ -. , - - T RECEIVED 0 CT 1 3 2023 Southold Town Clerk 016100aa-6913-47e2-a2aa-42dOb6442b24 I<imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 1 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://southoIdtownny.gov/calendar.aspx. 10:00 A.M.-ROLAND GRANT, PRESIDENT OF SQUEST, INC.#7847: Request for Variances from Articie 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 • 016100aa-6913-47e2-a2aa-42dOb6442b24 I(imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION ' The Suffolk Times Building Inspector's September 16, 2023, Notice of Disapproval based on an application for a permit to construct an accessory garage; at; 1) located in other than the code required rear yard; located at: 105 Town Creek Lane,Southold, NY. SCTM#1000-64-1-9.1. 10:30 A.M.-INDIAN NECK IV, LLC#7851-Request for a Variance from Article III,Section 280-14;and the Building Inspector's September 8,2023, Amended September 21, 2023, Notice of Disapproval based on an application to legalize an "as built" demolition (as per Town Code definition, and reconstruct a single family dwelling; 1) less than the code required minimum front yard setback of 60 feet; located at: 3375 Indian Neck Lane, Peconic, NY.SCTM#1000-98-1-1.3. 10:40 A.M.-KEVIN KELLY AND BRIGID GILLESPIE#7852-Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's August 9,2023, Notice of Disapproval based on an application for a permit to reconstruct a front porch attached to a single family dwelling; at; 1) located less than the code required minimum front yard setback of 35 feet; located at:295 Fanning Road, New Suffolk, NY.SCTM#1000-117-4-10 10:50 A.M.-JOHN FORNI#7855- Request for a Variance from Article III, Section 280-15 and the Building Inspector's September 27, 2023, Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool, at; 1) located in other than the code permitted rear yard; located at 2240 Bay Shore Road,Greenport, NY.SCTM.#1000-53-4-26.1. 11:00 A.M.-PABLO LEON#7853 -Request for a Variance from Article XXII, Section 280-116A(1) and the Building Inspector's September 20, 2023, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at; 1) located less than the code required 100 feet from the top of the bluff; located at: 1400 Salt Marsh Lane (adj.to the Long Island Sound), Peconic, NY.SCTM#1000-68-3-2. 11:10 A.M.-FISHERS ISLAND SCHOOL DISTRICT/FERRY VIEW LLC#7854- Request,for Variances from Article III,Section 280-14;Article XXII, Section 280-116A(1); and the Building Inspector's August 11,2023, Notice of Disapproval based on an application for a permit to construct a single family dwelling and an accessory garage, at; 1)dwelling is located less than the code required minimum front yard setback of 60 feet; 2) dwelling is located less than the code required 100 feet from the top of the bluff; 3)garage is located in other than the code permitted rear yard; located at Reservoir Road, (Adj.to Fishers Island Sound) Fishers Island, NY. SCTM#1000-9-8-1. 1:00 P.M.-411 EQUESTRIAN AVENUE, LLC#7856- Request for Variances from Article X,Section 280- 45C(2)(f);Article X, Section 280-46; and the Building Inspector's September 13, 2023, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing commercial building(inclusive of expanding a second floor accessory apartment), at; 1) less than the code required minimum front yard setback of 15 feet; 2) less than the code required minimum side yard setback of 10 feet; 3) less than the code required minimum combined side SOUTHOLD TOWN BD OF APPLS 3 r 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@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times, a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice, a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: 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 0% IIfrrr�� G�.ASSTATE OF NEW YORK°�t = i NOTARY N_- 1 X Qualiflod In Albany County N Notary Public Stamp h 01RE6398443 o 11,11810N fEXPV?� \N``\\ SOUTHOLD TOWN BD OF APPLS 1 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson O��OF $oUryOl 53095 Main Road•P.O. Box 1179 Patricia Acampora ti O Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. 44: Town Annex/First Floor Nicholas Planamento �Q 54375 Main Road(at Youngs Avenue) lij'COU \a 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: 1:20 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 on a waterfront property, at; 1) less than the code required minimum front yard setback of 40 feet; 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. 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 Of F04 Town Hall Annex, 54375 NYS Route 25 ss� P.O.Box 1179 C' ZZ 6? Southold,New York 11971-0959 Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: November 6, 2023 ........ ... RE: INSTRUCTIONS FOR PUBLIC HEARING Dear Applicant; Pursuant to the New York State Governor's announcement lifting many COVID-19 restrictions, the Town will now resume IN-PERSON meetings that are open to the public. For those who wish to attend the meeting virtually, for health and safety reasons, we will continue via Zoom Webinar, as well. Therefore, the December 7, 2023 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. Below,,please see instructions required to prepare for the ZBA public hearing which includes: !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) I of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by 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 t 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@southoldton=.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/DocumentCenter/View/9694/TentativeRo112023 rIMPORTANT INSTRUCTIONS = LL i !Scan and email the USPS mailing receipts, green signature cards and affidavits to !kimf(a,southoldtownny.2ov, and ** PROMPTLY USPS MAIL** the ORIGINALS to ?the.Town of Southold, ZBA, P.O. Bog'1179,,Southold, NY 11971. Please note that without your mailing,receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter SS of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant Westermann, Donna From: Westermann, Donna Sent: Tuesday, October 31, 2023 2:31 PM Cc: Sakarellos, Elizabeth , 1` Subject: Public Hearing December 7, 2023 - Instruction letter Importance: High Good afternoon, It has come to our attention that the instruction letter date(s)for mailings and positing of sign are incorrect. Posting should be done by November 20,2023. Affidavits of Mailing and Posting completed, notarized and returned to our office with the mailing receipts and green cards by November 29, 2023. Mailings to be done by November 20, 2023. We apologize for the error, and appreciate your assistance. Thank you, Donna 1'-t7n" westdry f nn Z0n'W1,g hoard of AppCRLS Town Of southo`d ; Southold, NY � � � 1 r i 6 1 pLaserfiche Instructions for .-Zoning Board of Appeals Records V '- y MSOUTHOLD Govetnmeti 5ertrite3 Isitirr How Do 1.. ':. *'AV i ro Top 1 J, ..'Tbvii'tAdes,� ttlltip.ltayut vtt i �.Sir3n up'to�ir;e#:a% ';Ssiliiutes"�.;' �;< n _ ��'.'...4'•�'.+.n+iL.i� �3..."_M'.tifY9GtfRc}.."w...:.;r...._v.'`_.v.+,.,u:L:...:.:.itJ... �,_+...�..........Y.,...,.tc � _.:..:Cir`....:.',.:.i::i:.._.:.�u:.».J'.:. L_:...r�{vk.<' C n..o.L.ut1..:..«i:......I.: «..S..r.�:✓.�titsliC-•.•.•• Above: Homepage, Click on Link"Town Records"Weblink/Laserfiche Laserfiche 1iebUnk sign Cut Hcme Browse Search TownOtSouthotd - _ TownOfSouthold Name Page moat ;aemp;atn_nam._ v i Town Clerk A Entry Properties ... _......... "..... __ __, N+Town Historian Path T—ees i:Yn:tCiSG�ttxild zonin Board of Appeals(ZBat Creation date =i5f2^7d 11:52,11 :i Page L of? Font 29 Entries Last modified !f;zillui7 SVI2;AIM it Metada" h�meledat,aixiLrxd . 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. r Laserfiche Instructions ZBA Files Page 2 Laserfiche WebLink +® hVVj, ink 1 Help AOout seen an Home Browse Search lownwSouttlold>Zoning Board of Appeals(ZBA) Zoning Board ofAppeats Name Page count •-Template name':/'.ii;..,�/;,gin/:'.,,.: :;-,' �:,,:'. (ZBA) Alphabetical Index 2 Entry Pmpeos Board Actlons N a-i LaserfRhe Search Guides Path u Meeting Schedules •:'rnvr'CfSowir 7+UZuning EO:ars . of Appea?S(ZBA) _MinuwslAgendas/Legal NOUCelHearings Creation date Prr Pend,ng M 01, 0112:77:tfi PA1 frl Reports Last modified uSpecial Eroent PertnRs 52372017 1':07:7»AM Trammg Req--ent5 ZBA Oycials R Metadata ZBA Policies Nomarzdaltasstgnad Exceptions List code 280-10C(3) .ti J.,sdicdon Llsdng 1 ZBA Book of Mapped 1-377 Existing Lots 189 ocedure&Resuks u Bulk Shedules .. . :omfl:mhlJPaP>mr.I/se2 (zj c 5 Agreements,Cont aQz&Leases .--- Page I of 1 14 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 _�.i a My NeaLnk i Neto.Aocvt sign Out Home Browse Search To nCNouthoie>Zoning Board of Appeals(ZBA)>Board Actions Board Actions Name Page count Template name - Zj 1957-1979 EntryProperties yr 5950-1999 Path ,.;2000 Tcii£ilf]f5::J1!W(l•Zi`ii':�BL'cid Of T.(:(K'Ai1'IB.AjlPr44ird f�1;0i1'a .:.:2001 Creation date 2002 PM iM 2003 Last modified 2003 3;2&2017 S 136:07 A&1 2005 R Metada[a v 2006 zoo: :.;metndara a<s�ned 2008 J 2009 ._..__..............1 ..-'2010 RauRs 1hNP?p•uc<araUlesl >2011 j 2012 2013 f`J 2013 :3 2013 2016 2017 Pending ..._. .. .. .. ...... _.. ..... ... ....... .. .. ... ..... .. .. .......... .. ................ . ... .... r,.healtNinec9mlha+at+lPap-c:ntUalhra2 e�,.�1�!1 �. _..,__ Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". Laserfiche Instructions ZBA Files Page 3 tome Browse -5e—h T-01S-hdd Z—nj--I N z01 I 2017 o"ov PI.P`rU. Pada 1. Te C—twraae —d 79oard Moans5 —,a—.11 I;ans pe ra- 7— 5!5 —1d L:0s9 58 Bond-- 7020 so —d ANans 7021 59 —d 11,- 75 pa.ml tl—3 l33 an- .11d Amanf 1026 i3 —1d-n? Board— ..d A.— ..,d Above: See listed File Numbers. Click on file you are searching. cashel Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant., Laserfiche Webl-ink Home Browse Search C,iqermo,Search Solt results by: Relevance Records Management Search Lmj 7016 Rdd name Board Action,-33 page(,) Cha..field Page count:83 Template name:Board Actions Reset eagp 3 Color and Msten Cashel PROPERTY LOCATION:162 Lower Shingle Hill.RSher �aga–� 19,2017,-7016.Cashel SCTM No.1000-9-1-26 mimmUS approval to rerro Page 5...y 19,2017 97016,C.shel SCTM No.I000.9-1-26 GRANT,the va—ric., Search—x age 9 COLIN&KRISTEN CAS14EL SECTION 009 BLOC Ddge 20 Thomas Ahig,en(Cashet),PO Box 342 Rsh—Island.NY... Show more information �jl 7018 Board ACtlons-56 page's) Page count:56 Template name;Board Actions uql 10,..9.30 kM..00LW—Hpi ANnv—,—I—Annllr)d C,Mmn ANN -'age 48...aKVS)KRISTEN CASHEL#7016 Request proposed trellis located in other tha... 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 Laserfiche WebLink Mywem'nk -1p M—t• s1 Home Browse Search Tcwr0fSCU1loid Zoning Board of Appeals(ZBA)•Minutes/Agendas/Legal NoticesJHearings Name Page count ';TernD�ta tuJne;•j%�.* % Minutes/Agendas/Legal < Notices/Hearings ;]1957-1979 R Entry Properties wJ 1980-1999 -------------- 20M 2009 Path TowrOYwtRhcidliorirtq Boar_ u12010 nt AppnalS i:,j 2011 {'ZBA)Winuu�fAgendas;Leg31 fvthices'hlearfnerM1 L12012 . Creation date tD 2013 71M,20131 2,57:40 P14 X2014 Last modified ._'.--i 2015 12r76l�,^ib�'.S:tdNvt t3 2016 - s b1 adata ",1 2017 No metadata assigned Page 1 of 1 11 Eno .auv.«.+wa.�..-.rt aons:K+a.ery uu�au ri.ntna9 t'tii P3�3 «`^ Ai�.�w+w Above: Also, Minutes,Agendas, and Hearing Transcripts can be viewed. I Laserfiche WebLink 13Mysvebunk I Help: AbW; Home Browse Search Town0lSouthold>Zoning Board Of Appeals(ZBA) Minute,'Agendas/Legal Nooces/Heanngs>2017 Name Page count Template name T 2017 ZBA-01/0512017 7 z EntryProperties Z3A-01;05/2017 Agenda 4 Path ZBA-01/05:2017 Nearing 40 Tmm0f5ou,jMw,Zonng Board ZBA-01/05:2017 LN3 Of Appeals (ZBA)U&1mu1eS/A6en0a5i L-gal i ZBA-01119/2017 2 Notices/Heanng512017 ZBA-01 11912017 Agenda 2 Creation date 12/1,6/2016 2:15:1 d PM ZBA-02iO2/2017 7 Last modified ZBA-02/02/2017 Agenda 4 f>!1912011 4'5359 PM ZBA-02/02!2017 Hearing 45 R Metadata ,;ZBA-02/0212017 LN 3 Z3A.02116/2017 Agenda 3 NO nletdddla d$51gnetl s:ZBA-02/1612017 Special 3 _edure&Results ,;;ZBA-0310212017 7 m/beaaNpap-smeaRVses2j ZBA-031022017 Agenda 4 ZBA-03/02/2017 Hearing 65 ZBA-03:0212017_N 3 1 ZBA 03/16/2017 Agenda 3 �j ZB.A-0311612017 Specal 3 ZBA4WO6/2017 5 ZBA-Od/06/2017 Agenda 4 a ZBA-0410612017 Hearing 45 Above: Agendas, Minutes and Transcripts are in chronological order. i4uT1t,,. uim H A ;Ii+Io The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be :available VIA ZOOM WEBINAR - Follow ink - httpo.//southo I dtown ny.g bv/ca I end ar.aspx NAME 1 000 SOUND BEACH DR. LLC # 7858 SCTM # : 1000-99- 1 -5 . 1 VARIANCE: LOCATION LOT COVERAGE REQUEST: CONSTRUCT AIV ACCY. GARAGE DATE THURS. , DEC. 7, 2023 1 :20 P. M . You may review the file(s) on the town's website under Town Records/Weblink: 1 ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 TOWN OF SOUTHOLD 46 ZONING BOARD OF APPEALS Appeal No. SOUTHOLD,NEW YORK 1 m �E ck-e a c� AFFIDAVIT LU- OF In the Matter of the Application of: MAILINGS 11700 S�xat1G1 'P�ec�C� �n�eL� (Name of Applicant/Owner) 1000 Swod TF3eac1n e , MCt"AUGV- SCTM No. 1000- (Address of Property) (Section, Block& Lot) COUNTY OF SUFFOLK STATE OF NEW YORK i I, ( ) Owner, (V ) Agent M A Ckil crc`ci� residing at (at FOX, G"O-S-e V 9lacQL , 'QrIV"�Md New York, being duly sworn, deposes and says that: On the _day of N0dem%7f-,t , 20 23, I personally mailed at the United States Post Office in ` k V h ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the ()<) Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. I C— (signature)(Signature) Sworn to before me this day of.J�fOyf-YY bty- 200,3 Erin Notary Public Notary Pudic r State New York County of Suffolk REG#01 MU6090387 (Notary NAbIlo Expires April 14,20-ILT PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. ' -Ivy ■ • S'erviceCERTIFIED MAIL. R. ■ • _ o •• • Lrl N Ln C1ft'1;t¢U....4 lei : rf�' W, H II I ,,�� lz>yi `Sl Ci l: zw`•`y �.:.� �..:�s ��.�"J Mg ; co CertifiedMaiFee $4.35 1901. ., cp CertriiedMail Fes 35 ExtLn s ra Services& ass(check box,add fee�a H FA D/V y' 1 es(check bw add fae. Dire) El Return Receipt(hardcopy) $ 1 _ - elyices&Fe .,. ❑Return Receipt(electronic) $ Po 8 I, a ❑Return Reaelpt(hardcoPri I-I , I I L'�.% Postmark C3 ❑Certified Mail Restricted Delivery $ " - Her 0j Q ❑Return Receipt(electronic) $ ✓ Here. Q ❑Adult Signature Required $ Q ❑Certified Mall Restdoted Delivery $$ ❑Adult Signature Restricted Delivery$ ��•• Q ❑AduttSignatuffif red Q Postage Ad,signature Restricted Delivery$ Q - �- y_•i I $ i'023 I. Postag• 1•i^I �. �• �.'7 Q Tg l Posge and Fees -a $ $x t w Q T14Pftageand Fees ru Sent To Q $ /T ,- _ .,. C3 h►!! tnr-r..,�,.C�----- ---- - ---- Q e5 e �S o 1.1Q_Sk�ncl..: ec1... ...... ..................... $Iree�tQafn�d/r�lptNo 0 City State IP+4m 1 SZ taff IP+ tm ��: ---- City, e y Postal SerV'i6e",'4 U.S. • • CERTIFIED ' 0 ■ ■ Er 1 ■ , 1 r1J Only, /. c /• rqEr •l1nr s t �4 Er <: t I 7Celllt tL+ail Certified Man Fee, $4.35 �N�D N rr , II f �! $ ..t• ! p I Ln $ cc r-• Extra Services&Fees(check box,add feee.S�A OR `O� Extra Services&Fees(check box,add fee IAP! i Ina.) :� ,Q Retum Receipt(hardcopy) 'p i Return Receipt(hardcopy) $ I .111 Posama ! Q ❑Return Receipt(electronic) $ 9 P� k C3 ❑Return Receipt(electronic) $ t Her ' O ❑Certified Mail Restdcted Delivery $ I Q ❑Certified Mail Rasfic[ed Delivery $ ED []Adult signature Required $ Q ❑Adult Signature Required $ .„ '! _ 1 _ ❑Adult Signature Restricted Delivery$ I I ❑Adult Signature Restricted Delivery$ Q I go I Postage $1.14 Posta `�i•i $ ! , f. yI'i 71 Q Tie►pgs�age and Fees O Total Postage and Fees S yp? I %•4 Q $ \ S j I,i f" I I N Sent To Sent To i -No.00-,--- u " b Box SP_ V -- -- - — - Q S ��`� - ----- C3 --------------------------- -- Street and'A t. or P � n l I•�_ Street a� t�.No,or City Stafe1Z1 +4b' 'Ji ®?,u City State,ZIP+4 J 11 c*'z iff"M M111111 III- i SENDER: • • COON ON DELIVERY ■ Complete items 1,2,and.3. A. ig t I ■ Print your name and address on the reverseX .� [3 Agent so that we'can return the card to you. a:, /" , ❑Addressee ■ Attach this card to the back of the mailpiece, B. R9ceivedGy,(Pri d Name)'s I.C. Date of Delivery or on the front if space permits. 4''` �r' 1. Article Addressed to: bfIs ii0f ly ad dif(r�i} t6m iter i? 0 Yes ^ilk [,—firYES,'tenter I ery address below: p No 'f r K od o e rgs t q p© ath�UC K -Iv 11 5"Z II I IIIIII Illi III I II II I I II III I IIII II I I I II II III 3. Service Type ❑Priority Mailsp ❑Adult Signature ❑Registered MailaiITMTM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted Certified Mail ) Delivery 9590 9402 8503 3186 5381 03 ❑Certified Mail Restricted Delivery (3 signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2. Article Number;(Transfer,from service label) : : I U Collect_on Delivery Restricted Delivery, Restricted Delivery I; iI � '} fd; 11ail��I ! � lid 7 0 2 0' 0 6 4 0 . ago 01 51$6 9 L7`9 Iii Restricted Delivery "3 Form;3811;,`July 2020 P';N=7530-02-000-9053 Domestic Return Receipt 1000 Sound Beach Drive LLC SCTM#:1000-99-1-5.1 TAX HAP PARCEL NUMBER PROPERTYLOCATION &.CLASS CURRENT OWNERS NPLME SCHOOL DISTRICT CURRENT O'WN9]k9 ADDRESS PARCEL SIZE/0RIDI' COORD. 1106'Sburid heAch' b-r 21-0," 1, Fia"mAti y- Res = WTRFNT Cypru§. Chris mat t-ituc I k.Schoo 473812-99 1100 Sound. Beach Dr: 'ACRES, 0-.'67 Mar tituck, NY 11552, EAST-2395187 NRT-R-0288974, DEED RbOk 12551 Pd=985 FULL t.IARKET VALUE ............I....... 900 Sound Beach Di- 210 I F '-'i:ly Res — 11TRFNT am V3Iogeras Stella i4attituak S-choo 473812-99 900 Sound Beach Dr ACRES 1.01 Matv_it-uck, NY 11952 FAST-2396323 1IRT11-0289134 DEED 20OR 12847 PG-318 FULL MA=T VALUE W k A,A, W -A, A,Ji }*4i*A,A,*4} I& S6# J, 879 Summit Dr 106.-I-42.1 210 1 Fami-ly Ret, Livanos, Fotfni Rattituck Schob .473812-99 1130. Plandome Rd ACRES 0.60 Manhasset, .NY 11b3b EA§t-�3�6449. NRTH-0288845 DEED B06k 1.2583' PG-333' FULL MARKET VALUE 7— ## 935 !Sound Reach Dr .210 1 Family Res -G�6r�hiou -ciir, A is Ilattituck Scho de'org4ipii Mary ACRES 0 56 8,kNk 110820 1663 Belmont Ave EAST-23965120 NPITH7028.8907 Nets NeI Hyde Park, NY 11'040 DEED BOOK K 13I094 PG-.913 FULL MARKET VALUE 12/6/23, 1:56 PM -, USPS.comO-USPS Tracking®Results _ 1 USPS Tracking' FAQs > I Tracking Number: Remove X 70200640000151869186 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update Your item was picked up at the post office at 11:44 am on November 30, 2023 in MATTITUCK, NY 11952. Get More Out of USPS Tracking: m USPS Tracking Plus° m 0- sv Delivered X, Delivered, Individual Picked Up at Post Office MATTITUCK, NY 11952 November 30, 2023, 11:44 am See All Tracking History - What Do USPS Tracking--qtati, M�prv_?.(hs:/_/baa.usps.com/s/article/Where-is-my-package) COMPLETE Text & Email Updat(I 0 Complete items 1,2,and 3. a Si re i i ■ Print your name and address on the reverse r — 13 Agent j so that we can return the card x to you . 4 ` ` " 0 Addressee ■ Attach this card to the back of the mailpiece, B.kBodelved,by,(Printed e) C. Date of Delivery I USPS Track...., . or on the front if space permits. 1. Article Addressed to: _. `j D. Is delivery address�different�iom item 17--El-Yes C h n S C y pY AS If YES,'enter cJeliverjr'adcJress below:-__❑=No Product Informatiol' )IUD Sound Bench '061e, i /qct htucK �Iy 10573. Service Type El- J t II I IIIIII IIII III I III III IIIIII I I I III I III I I II III El❑Adult Signature Restricted DEl elivery ❑Rr%stewed Maiity Mail l ted; i 9590 9402 4931 9063 6170 54 ; ertiflad Mall® Del Track Another Package c=ledMall Restricted Delivery 0RetumReceipt for ❑Collect on Delivery Merchandise 2. Article.Numhar-?ramro._r. . ^-•• on Delivery Restricted Delivery ❑Signature Confirmation- i Enter tracking or bareod, 7020 0640 0001 51869186 I Mai;Restricted.Delivery 13gnature Rlestrict d ConDelitv nation (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 _Domestic Return Receipt ; hftps://tools.usps.com/go/TrackConf;rmAction?tRef=fulipage&tLc=2&text28777=&tLabels=70200640000151869186%2C 1/2 12/6/23, 1:58 PM _ USPS.com®-USPS Tracking®Results USPS Tracking' FAQs > Tracking Number: Remove X 70200640000151869155 �� Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update We attempted to deliver your item at 11:37 am on November 20, 2023 in NEW HYDE PARK, NY 11040 and a notice was left because an authorized recipient was not available. Get More Out of USPS Tracking: m CD USPS Tracking Plus° Cr W 0 X, Delivery Attempt Notice Left (No Authorized Recipient Available) I NEW HYDE PARK, NY 11040 November 20, 2023, 11:37 am i! • Arrived at USPS Regional Facility GARDEN CITY NY DISTRIBUTION CENTER November 19, 2023, 10:45 pm • ;ENDER-. COMPLETE THIS SECTIOPLETESECTION In Transit to Next Facility Complete items 1,2,and 3. I A ignat November 19, 2023 i ■ Print your name and address on the reverse 1 ;2�� so that we can return the card to you. ❑Addressee I I ■ Attach this card to the back of the mailpiece, B. Received by(Print` e Arrived at USPS Regional F ) C. Date of Delivery • or on the front if space permits. , S 1. Article Addressed to: E:-JE d6liyeii address I om item 1? ❑Yes 1 MID NY DISTRIBUTION CE �` GeOrgY)i00- If_YI=S;dnterdeliveryaddresg,below: E3 No I November 17, 2023, 11:34 p hriS t _ V' i DEC-5 2023 • USPS in possession of ite RIVERHEAD, NY 11901 f 3. Service Type ❑'Priority Mail Express@ I November 17, 2023, 3:40 prr IIIIIIIII IIII III IIIIIIII II IIIIIIIIIII VIII I III ❑Adult Signature El Registered Mall1 ❑Adult Signature Restricted Delivery ❑ Restricted Mail Restricted 1 �I Certified WHO Delivery } 9590 9402 8503 3186.;5380 73 Certified Mail Restricted Delivery [I Signature ConfirrnationTm ❑Certified on Delivery ❑Signature Confirmation I 2_ArticIe.Number_(Transfer from service label) ❑Collgct on Delivery Restricted Delivery Restricted Delivery - 7-02-0-3160 0 l]0 2 .3 2 2 3 D 2 9'4; M JI Res tricted,Delivery https://tools.usps.com/go/TrackConfirmAction?tRi PS Form 3811,July 9020 PSN 7530-02-000-9053 J J 7u[u, Domestic Return Receipt i; 12/6/23, 1:58 PM USPS.com®-USPS Tr-1,;-g®Results Hide 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 Need More Help? Contact USPS Tracking support for further assistance. FAQs https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70200640000151869155%2C 2/2 12/6/23,2:04 PM USPS.com®-USPS Tracking(g)Results USPS Tracking FAQs > Tracking Number: L-i)in'R0 Remove X 70200640000151669162 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update Your item was picked up at the post office at 8:07 am on November 28, 2023 in MANHASSET, NY 11030. Get More Out of USPS Tracking: USPS Tracking Plus® Q v n Delivered Delivered, Individual Picked Up at Post Office MANHASSET, NY 11030 November 28, 2023, 8:07 am See All Tracking History What Do USPS Tracking Statuses Mean? (https://faq.usps.com/s/article/Where-is-my-package) I . SENDER."&WPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Text & Email Upi ■ Complete items 1,2,and 3. A. signature v' ■ Print your name and address on the reverse X i. ❑Addr e so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. D Delivery USPS Tracking E or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 17 E3 Yes w, �l 1fG�t�lO If YES,enter deliv4v'adclress below: ❑No i Product Informs 1130 Plo-n40 NOV 2:8 2023C' ma -'r-'r ..; 3. Service Type ❑Priority Mail Express(D 4 II I III II IIII III I III III IIII I I I I III I I I THE I III ❑Adult Signature ElRegistered Ma11TM ❑Adult Signature Restricted Delivery ❑Re tered Mall Restricted 9590 9402 4931 9063 6170 61 Mertifled Mall® Deetry Track Another Package I ❑Certlfied Mall Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise _2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfinnationTh1 -- - — —11'^ate^+,Mail ❑Signature Confirmation Enter tracking or bar( 7020 0640 0001 518 6 9162 o�Il Restricted Delivery Restricted Delivery PS Form 3811,JUly 2015`PSN 7530-02-000-9053; Domestic Return Receipt hftps://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70200640000151869162%2C 1/2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS �� SOUTHOLD,NEW YORK ��L1v�c� br• �C AFFIDAVIT OF In the Matter of the Application of: POSTING 000 0 Soyxd beach D r LU, SCTM No. 1000- 9 9 —1 —5, t (Name of Applicants) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK residing at tol fir C In u&Y� �i Qf 1V LA CGICX ,New York, being duly sworn, depose and say that: I am the ( ) Owner or(V4 Agent for owner of the subject property On the Z(i day of h)oVQMV)e( , 2023, I personally placed the Town's Official Poster on subject property located at: 1001) Suanc. &Gdo Dbve indicating the date of hearing and nature of application noted thereon, securely upon subject property, located ten (10) feet or closer from the street or right-of-Way (driveway entrance) facing the street or facing each street or right-of-way entrance,* and that; I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be 'b-z un bfY- (Ow r/ gent Signature) Sworn to before me this c� Day of 20013 Erin Murphy-Apicello . Notary Public State of New York County of Suffolk (Notary Public) REG#01 MU6090387 Expires April 14,201—a * near the entrance or driveway entrance of property, as the area most visible to passerby ix lignting _� •t.l c . S; A f, +e 14.Ion e 1 1 11 1• .. MW :T i+' 1( /, A. !� , • •111• 10 `• R //� _ t 5�V' �. `�N .# ���� _ _ � '�41.:r 4 I ff. 'r � �IiI � • +ib { 4 4. 1p VIP �i✓ ' � �I.IK.� „� ,��a�� � yA���� � � n ;` � � ,yrs•t y � � ' � •• • 111 • ••'. � �� 1 � •• 111 • ••'. 1 1 • 111 •• BOARD MEMBERS ®f $®(/ Southold Town Hall Leslie Kanes Weisman, Chairperson ®�� �i�®� 53095 Main Road• P.O. Box 1179 Patricia Acampora ® Southold,NY 11971-0959 Eric Dantesc [ Office Location: Robert Lehnert, Jr. Town Annex/First Floor Nicholas Planamento • i� 54375 Main Road(at Youngs Avenue) l�C®U � Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 October 12, 2023 Mark Terry, Assistant Town Planning Director R E C E I V E D LWRP Coordinator Planning Board Office OCT 12 2023 Town of Southold J soufholci town Town Hall Annex Planning Board Southold, NY 11971 Re: ZBA File Ref. No. # 7858 — 1000 Soundbeach Dr LLC Dear Mark: We have received an application to construct an accessory garage. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-513 is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson 1i By: ��� '� � Encl. Site Plan/Survey: Nathan Taft Corwin III, Land Surveyor, last dated June 6, 2023 Public Hearing Date:December 7, 2023 BOARD MEMBERS ®F S0 Southold Town Hall Leslie Kanes Weisman, Chairperson ®�� r�®� 53095 Main Road•P.O. Box 1179 Patricia Acampora ® Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert, Jr. Town Annex/First Floor Nicholas Planamento 54375 Main Road(at Youngs Avenue) c®mSouthold,NY 11971 http://southoldtownny.gov ZONING BOARD-OF APPEALS October 12, 2023 TOWN OF SOUTHOLD Tel. (631) 765-1809 Suffolk-County Soil and Water Conservation District Attn: Corey Humphrey 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA#7858 — 1000 Soundbeach Dr LLC Dear Sir or Madam: We have received an application to construct an accessory garage, shown on the enclosed survey. The hearing on this application is expected to be held in approximately four weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Leslie K. Weisman Chairperson By: w Encls. Site Plan/Survev: Nathan Taft Corwin III, Land Surveyor, last dated June 6, 2023 BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman, Chairperson �O��OF $DUryOlO 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantes [ #t Office Location: Robert Lehnert,Jr. N lsc Town Annex/First Floor Nicholas Planamento 54375 Main Road(at Youngs Avenue) I�COUON Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS G✓� " October 12, 2023 TOWN OF SOUTHOLD Ms. Sarah Lansdale, Director Tel. (631)765-1809 Suffolk County Department of Planning I P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #: 7858 Owner/Applicant: 1000 Soundbeach Dr LLC Action Requested:_ construct an accessory inground swimming pool Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chair erson B ti v. Encls. Site Plan/Survey: Nathan Taft Corwin III Land Surveyor, last dated June 6, 2023 OFFICE LOCATION: M ��®� S®U�dy® AILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Road Route 25 ,�® �® Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1809 http://southoldtownny.gov COUN ZONING BOARD OF APPEALS Town of Southold January 8, 2024 Charles Thomas, Architect P.O. Box 877 Jamesport, NY 11947 RE: ZBA Appeal #7858 1000 Sound Beach Dr. LLC SCTM No. 1000-99-1-5.1 Dear Mr. Thomas; Transmitted for your records is a copy of the Board's January 4, 2024, 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. Sincerely, Kim E. Fuentes Board Assistant Encl. cc: Building Department James F.King,President �Qf S�(/jy Town Hall Jill M.Doherty,Vice-President ,`O� OlG 53095 Route 25 P.O.Box 1179 Peggy A.Dickerson # Southold,New York 11971-0959 Dave Bergen G Q Bob Ghosio,Jr. i0 Telephone(631)765-1892 COU Fax(631)765-6641 NT'1,�� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 20, 2007 Patricia C. Moore, Esq. 51020 Main Rd. Southold, NY 11971 RE: CAROL WITSCHIEBEN &JANET WITSCHIEBEN LARSEN 1000 SOUND BEACH DR., MATTITUCK SCTM#99-1-5 Dear Ms. Moore: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed, June 20, 2007: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit#6436 to increase the size of the west side of dwelling from 18.4' to 20' within the setback; increase the size on the east side of the dwelling from 26.4' to 29'within the setback; covered entry area converted to living space except for entry approx. 3' wide by 12' long; increase length of dwelling from approx. 64' long to 69' long; and relocate proposed swimming pool to west side of property, and as depicted on the plans prepared by James J. Deerkoski dated April 18, 2007. This is not a determination from any other agency. If you have any questions, please call our office at(631) 765-1892. Sincerely, vZ James . King President, Board of Trustees JFK:Ims APPROVED BY BOARD OF TRUSTEES DATE m 1 20G HAY 8ATL5 w(SILT SCREENJ I LANDWARD EDGE I ODASTAL EROSION a 3�D b Y( T O BE INSTALLED AROUND SITE LINE OF j OF BEACH GRASS HAZARD LINE ! AS' PE DE PRIOF OR 70{ANY HIGH WATERT - I _ CONSTRUCTION RELATED YVQjtI�. i 1 S 38°0'0" E 289. I —I p 0 4 i 99.00 i t � / 1 ! 1 -3:a -------- 66.8' SAND BEACH SAND BEACH } --r COV PORCH I STY.AMMON 01/ D -- . 11 MA. rnc) \ I ywa ; ---�) K-BUILD) ,'oE I , � � T •,oarwsL; _,�pl rn I �, PcF' .p v,R `sem -- .p OI I i 30.6' F�QSTING PROPOSED 30.0' R1 OVERHEAD PATIO 2 STY.AMMON1 IC WIRIIIG r i+ o C) I a p ,--i 1 I •7' w O W 1 WOOD W I 1&Lr Ll—�j 2&26.D 0;_OI S I STY.FRN.HOUSE6.0' r I I ; g ou {j O o l i , +•�P � 6. WATER v Ln N I i m+ :.-------- s.rr O C I W Ln Mims"I . ,sue REPLACE EXISTING DRIVEWAY a !7� I � (ASPHALT a V 00 I z 1 1 1 - o.lr 100 1 STY.FRN. ,,,� I ' e, :- ---- - - - ! GARA� 56.9' ! ,o�P ' O � f I PATIO(S AROUND POOL -^ ------ 0 . .••'' — o I � i 00 Ln SAND BEACH SAND BEACH I � 1s lo+r Poa S DEEP 67.00' PLCIM ROW D` , ^,I 1 I � 87.8 AILREPAIR ort N 3800'0" •• 275.73' PROPERY: 21104.11SO.FT. PROPOSED LOT COVERAGE: 11.14% EXISTING HOUSE 1286 SQ.FT. PROPOSED ADDITION: 582 SO.FT. , Cc EXISTING PATIO: 286 SQ.FT. PROPOSED GARAGE; 288 SQ.FT. 11J SITE PLAN EXISTING 60 SQ FT. PROPOSED COVERED PORCH: 180 S .FT. RE-BURR EXISTING LVG.SP.: 112 SQ.FT. PROPOSED GAZEBO: 180 SO.FT. �(� Q. {PROPOSED ADDIiI�IS) SCALE: 1" = 20'-0' RE-BUILD EXISTING PORCH: 54 SQ.FT. PROPOSED POOL: 450$Q.FT. PROPOSED POOL PATIO: SW SO,FT. S PROPOSED ADDITION &ALTERATIONS SOUND BEACH DR., MATTITUCK, NY PG. July 26, 2006 sCALE _ 20' JD n 7REcE'VED SURVEY OF 2 2023 P/O LOT 44, LOT 45 & P/O 46 BLOCK 2 Of APPeals MAP OF CAPTAIN KIDD ESTATES FILE No. 1672 FILED JANUARY 19, 1949 SITUATED AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-99-01 -5.1 SCALE 1 "=20' MARCH 10, 2003 MARCH 4, 2005 ADDED PROPOSED ADDITION AUGUST 10, 2006 ADDED SEPTIC SYSTEM TIE DISTANCES OCTOBER 12, 2006 FOUNDATION LOCATION NOVEMBER 27, 2006 ADDED PROPOSED ADDITION SEPTEMBER 4, 2007 LOCATED PILINGS AUGUST 18, 2008 FINAL SURVEY SEPTEMBER 4, 2008 ADDED PROPOSED POOL DECEMBER 9, 2008 ADDED LOT COVERAGE JULY 15, 2021 UPDATE SURVEY JUNE 6, 2023 ADD PROPOSED GARAGE AREA = 37,029 sq. ft. (TO TIE LINE) 0.965 ac. CERTIFIED TO: 1000 SOUNDBEACH DRIVE LLC FIDELITY NATIONAL TITLE INSURANCE COMPANY K&G ABSTRACT INC. UBS BANK USA, ISOA, ATIMA NOTES: 1. DEED REFERENCES ARE TO DEED LIBER 11799 PAGE 2.11 2. TAX MAP REFERENCES ARE TO SUFFOLK COUNTY TAX MAP 0 Q`L ti\ DISTRICT 1000 SECTION 99 LAST REVISED DECEMBER 30, 2015 �QQ• \ o %P 3. ACTUAL REFERENCES ARE TO ACTUAL FIELD OBSERVATION BY THIS . OFFICE ON JULY 15, 2021 •f;,°� 0O 13ROPOSED BUILDING COVERAGE OVER AREA SOUTH OF COASTAL EROSION HAZARD LINE (13,840 sq. ft.) DESCRIPTION AREA % LOT COVERAGE \\� EXISTING HOUSE 2,915 sq. ft. 21.1% EXISTING FRONT PORCH 68 sq. ft. 0.5% GXX PROPOSED GARAGE 484 sq. ft. 3.5% TOTAL 3,467 sq. ft. 25.1% 5PC\O CPQ // / GF' S 00, / PC�> le le / O ` / AFF >K �a coil R=25. , q, �G �' ,':� .s "'. L=35.77 AN10, 00 / �• \ / / �'��.p '`'�`baO�`yPF9: :•�'•mss' � O / 0v O 1 k ,�O •� �� Ilk � o �` 0h a�`" 'lob y°�So�•. .. �`l 10 41 •o. o `� o�'oe,G °• OJZP / o OA4 O O CO / Oy0 hbl �i GAF o 10'11 J O ° C+ �r •:•4.f. GFr • 10�Q�'" 1 �i.0 r0�V k9 1�O ':.•.: !rA o1 �• � �J!` 1k01 ?O. d'Qv0 O :'•�s.� •.�^ �� �N o ;'.yaw ti�j ,1� �s '•' �F':::..': qp �r,G �,�� '..o• / •��a`� e. ° �cp� �.—'ted .' "� • ' •. .�`9.0 9 �0 404 " ,� �y1P i ;$0�:. A9 O ` O` 4Y 4. .. \ s \a4••' NW� w i. Q��.1�...... v �i_, .Lam L'. "" - '' \ / ••••� OF % G1 d • •.FOJQQ� ." � "J s Via'• a O PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.IAL.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. OF E `� S���PNTA�TcoGL Oma' _ r„ • Z: o � � 1 b oma: '��j� ;'q •S��;���` N.Y.S. Lic. No. 50467 UNAUTHORIZED ALTERATION OR ADDITION Nathan I Taft Corwin III TO THIS SURVEY IS A VIOLATION OF SECTION 72LA OF THE NEW YORK STATE Land Surveyor EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED Successor To: Stanley J. Isaksen, Jr. L.S. TO BE A VALID TRUE COPY. Joseph A. Ingegn0 L.S. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY Title surveys — Subdivisions — Site Plans — Construction Layout IS PREPARED, AND ON HIS BEHALF TO THE FOX (631)727-1727 TITLE COMPANY, GOVERNMENTAL AGENCY AND PHONE (631)727-2090 LENDING INSTITUTION LISTED HEREON, AND MAILING ADDRESS TO THE ASSIGNEES OF THE LENDING INSTI- OFFICES LOCATED AT TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. 1586 Main Road P.O. Box 16 Jamesport, New York 11947 THE EXISTENCE OF RIGHT OF WAYS Jamesport, New York 11947 AND/OR EASEMENTS OF RECORD, IF E-Mail: NCorwin3®aol.com ANY, NOT SHOWN ARE NOT GUARANTEED. EZoningBoard `A`4 3 ARCHITECT ppeals 22'-0" REVISIONS D E S C R I P T 1 0 N Simpson Strong—Tie HDU (CORNER HOLD DOWN) TYPICAL OF 8 0 1 I 12 12 Q 6 �I 6 w m yp0 " " RR uj " OC. o ® X8" RR ® 16 16" OC. MATCH EXIST. SIDING ON MAIN HOUSE M T E Vit• S I g _ I Jl 2"X4" ®16" O.C. Q� 1� WSTRONG BACK TO ROOF RAFTER E 2 CAR GARAGE J � J 4" POURED CONCRETE SLAB 7 TJ J 0 (SEE SECTION) � OVER 6 MIL. POLYETHLENE f 1JLL r T COMPACTEDRPOROUS VAPOR ON �FILL LO 9080 &1 DOOR 9080DOOR 1 � I I � _ `0 2"X8" CJ iv o I ® 16" OC. ,I - -- ------- �11�1 _ N N - ------ GRADE: { o II Hill II 0 a II II II II II ILII II E F R 0 N T E L E V A T 1 0 N E R E A R E L E V A T I O N to II II II IIto W 111 2 SCALE: 1/4" = 1'-0" 2 1j" x 94" ML HDR 2 1 " x 94" ML HDR 'SCALE: 1/4" = 1'-0" v 90800r. DOOR9080 or. DOOR y 6'-0" W W W � p /_ 0 o C ~ W n P F L 0 0 R P L A N 0 rr W SCALE: 1/4" = V-0" Q u z -�- MATCH EXISTING - - - -- FRIEZE BOARDS, ��_ RAKE BOARDS J W - TO MAIN HOUSE -� -- -- 22'-O" MATCH EXISTING ROOFING SHINGLES TO W__ - _ MATCH EXISTING ROOFING SHINGLES TO . Q 9'-5" PLATE HEIGHT I ;MAIN HOUSE I MAIN HOUSE (my� -- — O W LLJ 0. n to ry C10-1 1 O z � T.O. WINDOWS J I I I ICV z W � 1 _ I I f— ' Md �( DI N H jMATCH EXIST. SIDING ON MAIN HOUSE' I I M O n Q co 3046 3046 _ I z I (() EGRESS EGRESS H V 2 CAR GARAGE zQo I z J 1 I J I 4" POURED CONCRETE SLAB a U)� 1 I OVER 6 MIL. POLYETHLENE o ® II I BARRIERVAPOR W T.O. SLAB COMPACTED POROUSF LL O=0 0 z I I I w o o I I o E S I D E E L E V A T I O N E SIDE ELEVATION N I I I N " 4 SCALE: 1 4" = 1'-0" I 8" POURED CONCRETE FOUNDATION o o 3 SCALE: 1/4 = 1 -0 / WALL ON A 8" X 16" POURED V) 0 I ' I CONCRETE FOOTING 0_� I II GO TYPICAL ROOF CONSTRUCTION I MATCH EXIST. ROOF SHINGLES OVER 15# ROOF FELT ON 1/2" CDX PLYWOOD SHEATHING. 11 7/8" ML RIDGE BEAM " " " I DROP FOUNDATION WALL DROP FOUNDATION WALL 2 X8 ROOF RAFTERS ® 16 O.C. I ( I TO MEET SLAB TO MEET SLAB I 12I CONTINUOUS FOOTING CONTINUOUS FOOTING TYPICAL CEILING CONSTRUCTION a6 I L - - - - - - - G - - - - - - - - - � 2x8 FLOOR JOIST @ 16 O.C. Charles M . Thomas a r c h i t e c t '-4 9'-3" 9" 9'-3" PO BOX 877 JAMESPORT, NY 11947 (631) 727-7993 22'-0" 2"X4" @16" O.C. PROJECT 14." O.H. W STRONG BACK TIE TO ROOF RAFTER TYPICAL WALL CONSTRUCTION a F 0 U N D A T 1 0 N P L A N P MATCH EXISTING SIDING, TYVEK HOUSE WRAP 1/2" CD X PLYWOOD SHEATHING ON 2"X4" WD. STUDS 0 16" O.C. 2 CAR GARAGE 2 SCALE: 1/4" = 1'-0" Simpson Strong-Tie HDU 2"x6" AC0 SILL PLATETYPICAL TRHOUGHOUT PROPOSED GARAGE TERMITE SHIELD 4' POURED CONCRETE SLAB 1ST & 2ND FLOOR 5/8" DIA. ANCHOR BOLTS 4 MILL VAPOR BARRIER 1928"-0" O.C. GRADE Z 8" POURED CONCRETE FOUNDATION DATE- 9/23/23 WALL ON A 8" X 16" POURED PROJECT No. CONCRETE FOOTING M DRAWNG BY. MC CHK BY. DWG No. s C R 0 S S S E C T I O N _ A - oo� -00 1 SCALE: 1/4" = 1'-0" 1 OF 1 THESE DRAWINGS AND ACCOMPANYING SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE THE EXCLUSIVE PROPERTY OF THE ARCHITECT AND THEIR USE AND PUBLICATION SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED. REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN WHOLE OR IN PART, IS PROHIBITED EXCEPT BY WRITTEN PERMISSION FROM THE ARCHITECT. TITLE TO THESE PLANS SHALL REMAIN WITH THE ARCHITECT.VISUAL CONTACT WITH THEM SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS. Revwm 04-07-97 07-01-98 g 05-05-00 08-05-01 07-17-01 N 314 0&27-01 12-21-02 07-02-03 03-0304 07-19-04 08-2304 10-20-04 1-0.405 O8 05-01-08 07-21-M 18-07 08-1907 05-3909 I OOD 4 00nd6ck P,-, 1_I_4._ 12-30-15 9 Ole Al v S 1 i 25ol Nwr r — �1 \ 17.2A(c) 1.3A(cr 1 �'Ar• MATTITUCK PARK DISTRICT ,TOwN OF SO11T/1xD •12 � O _ 2 SI \�•• STATE OF \•^ba: ^ '�14 . a4 NE YMK 91/7r7w tp, $$r'N wr off, �O' � ���r 1.6A{c ,ID 10) N310487 • .4r mr tm tA. a°' t 17 3 ® •��• 'L^ "1 9 0 nar w 1. c) 2.OA(c) It 4.1 mpmrwfMlw NAiae,ltlw �'r Qoa 11nM sewoi ow.0 ewe —SW-- ry a.DYFtl La --M-- lNLfta OIAMN O1MEm 1ALI PIUPE—. E —�— NwratreNfw 21 .�o.���w. --r-- IN4rtlrlslw --A-- ArE wlrr n<ra-ow.c osmcn G s""' (o) tMoa N. O wwt w — —rcT-- tract. a s.11fu — E ,u -- vM Ae xr•1fn_ N w.m�s� - tar o.ra o �wtr .m or��.,. ——t—— _—t...——A D a..wi ra 23 6rMr 121A(1)>12.1A Latw —__ nn ods.,�.. --P-- wrrroraur--ww-- warW,a wwrexmfr OaaaOA- 121 A(.) My u"• —__-- Fit oppolla SURVEY OF P/0 LOT 44, LOT 45 & P/0 46 BLOCK 2 MAP OF CAPTAIN KID D ESTATES FILE No. 1672 FILED JANUARY 19, 1949 SITUATED AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-99-01 -5. 1 SCALE 1 "=20' MARCH 10, 2003 MARCH 4, 2005 ADDED PROPOSED ADDITION AUGUST 10, 2006 ADDED SEPTIC SYSTEM TIE DISTANCES OCTOBER 12, 2006 FOUNDATION LOCATION NOVEMBER 27, 2006 ADDED PROPOSED ADDITION SEPTEMBER 4, 2007 LOCATED PILINGS AUGUST 18, 2008 FINAL SURVEY SEPTEMBER 4, 2008 ADDED PROPOSED POOL DECEMBER 9, 2008 ADDED LOT COVERAGE JULY 15, 2021 UPDATE SURVEY JUNE 6, 2023 ADD PROPOSED GARAGE AREA = 37,029 sq. ft. (TO TIE LINE) 0.965 (]C. CERTIFIED TO: 1000 SOUNDBEACH DRIVE LLC FIDELITY NATIONAL TITLE INSURANCE COMPANY K&G ABSTRACT INC. UBS BANK USA, ISOA, ATIMA N07ES: 1 . DEED REFERENCES ARE TO DEED LIBER 11799 PAGE 211 0 2. TAX MAP REFERENCES ARE TO SUFFOLK COUNTY TAX MAP DISTRICT 1000 SECTION 99 LAST REVISED DECEMBER 30, 2015 3. ACTUAL REFERENCES ARE TO ACTUAL FIELD OBSERVATION BY THIS OFFICE ON JULY 15, 2021 00+ 411 00 \G� PROPOSED BUILDING COVERAGE OVER AREA SOUTH OF 11� 1�1 COASTAL EROSION HAZARD LINE (13,840 sq. ft.) G \�p\.O� DESCRIPTION AREA % LOT COVERAGE EXISTING HOUSE 2,915 sq. ft. 21.1% �( EXISTING FRONT PORCH 68 sq. ft. 0.5% PROPOSED GARAGE 484 sq. ft. 3.5% TOTAL 3,467 sq. ft. 25.1% /// loo, //o 00+ a�P //10, /eek + 00 ,CIle IlkGAP Boyo o \p� �P g� P �P �°. 0 .po 4O / J���o� \ °°°� Q�° of°cbo �� •� ':•.•• �=35.77 4 O 0 S �O 4-0 Oloo, 0013 r°O le 'op CX o. •.'6'S+V' a� 5- �cA �i9 gyp. leo. F GN ' ?O \C)� 4YC00 d: a� •110 d'q,. '� � ..: ::�:��:�::�:�:�:�:�:. Gy'�s p-t •.a � i ��ly� � F �,��i. SIO t^ i:i :S:::::: a *�':::::: ::. : J1, •`• ::•:•:::::::�:.: �(D�. ` •o 7*7'.I 01p, , e4. �t� tic \� $...•.. d �� .�• .+.' A. Q •/ : • ems, �. FNQ� �1 • O S PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE LIALS. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. `��1111111/f� T p . .. A' N.Y.S. Lic. No. 50467 ti ///1111 O THIS SURVEY ALTERATION TI ADDITION Nathan Taft Corwin III TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE Q EDUCATION LAW. Land Surveyor COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED Successor To: Stanle J. Isaksen, Jr. L.S. To BE A vAuO TRUE COPY. Joseph A. Isaksenngegno L.S. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY Title Surveys — Subdivisions — Site Plans — Construction Layout IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND PHONE 631 727-2090 Fax (631)727-1727 LENDING INSTITUTION LISTED HEREON, AND To THE ASSIGNEES OF THE LENDING DRESS INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. P.O. Box D 16 1586 Main Road THE EXISTENCE OF RIGHT OF WAYS Jamesport, New York 11947 Jamesport, New York 11947 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. E—Mail: NCorwin30aol.com C