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Home My WebLink About1000-61.-1-16 OFFICE LOCATION: ., MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 � " Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY � Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Kanes-Weisman, ZBA Chairperson Members of the Zoning Board of Appeals Cc: Julie McGivney, Assistant Town Attorney From: Amelia Jealous-Dank, Vice-Chairpersonnl`� Members of the Planning Board ��`Y k Date: August 23, 2024 Re: ZBA#7936, Jewell on Main,LLC Located at 53795 & 53801 Main Road aka NY-25, Southold SCTM#1000-61.-1-16 The Planning Board has reviewed your request for comments concerning the application for an interpretation of a Pre-Certificate of Occupancy for a 0.10-acre parcel located on Main Road (NY-25) within the Hamlet Business Zoning District. The applicant seeks to amend a Pre- Certificate of Occupancy dated August 25, 1995, which currently does not recognize the apartment as an existing use. It is important to clarify that the Planning Board does not aim to offer an opinion on the interpretation of the Pre-Certificate of Occupancy itself. Instead, we aim to offer relevant context and background information to assist the Zoning Board of Appeals (ZBA) in their evaluation and decision-making process. Our review of the relevant records, the Town's zoning code, and the 2020 Comprehensive Plan has revealed the following key points: • Historic Structure: The building in question is a historic property listed by the Society for the Preservation of Long Island Antiquities, likely dating back to the late 1800's. 1990 Inquiry: On January 30, 1990,the applicant expressed interest in converting part of the building into a second-floor apartment. In a letter dated February 9, 1990,the Planning Board advised that such a conversion would require a special exception from the Zoning Board of Appeals (ZBA). • 1991 Site Plan Waiver: On October 22, 1991, the applicant requested a site plan waiver from the Planning Board and submitted hand-drawn floor plans depicting a combination of retail, storage, and office spaces, without reference to a residential unit. The parking calculation provided in the submission addressed office, retail, and storage uses only. The Planning Board approved the site plan waiver in a letter dated October 31, 1991. Current Zoning Code Requirements for Accessory Apartments: Under the current zoning code, the HB Zoning District permits the creation of apartments as either an accessory or special exception use for family members or individuals listed on the Southold Town Affordable Housing Registry. These apartments must adhere to specific criteria, including restrictions on livable floor area, provisions for off-street parking, possession of a valid Southold Town Rental Permit, and approval from the Suffolk County Department of Health Services. • Parking Requirements: The zoning code requires one off-street parking space per apartment unit. Considering the existing commercial use on the property, it is important to ensure that the 0.10-acre parcel can accommodate parking for both the commercial use and the proposed apartment. The design and location of the parking area should minimize impacts on the surrounding area and conform to town design standards. If space is insufficient, it is worth noting that a municipal lot is located across the street, with a pedestrian crosswalk providing access. • Need for Apartments and Comprehensive Plan Support: The 2020 Southold Town Comprehensive Plan supports diverse housing options, including accessory apartments, as a means of addressing community housing needs and enhancing the vitality of commercial areas. The Plan specifically encourages mixed-use developments, including residential units above commercial spaces, to create vibrant, walkable neighborhoods and make effective use of spaces within the hamlet centers. Integration with Commercial Uses: The Comprehensive Plan supports accessory apartments over retail uses, provided they comply with zoning regulations and do not negatively impact existing commercial activities. The Plan emphasizes the importance of balancing parking needs and ensuring that new residential units complement the commercial use of the property. As long as the proposed use meets all relevant health department approvals and building safety codes, it aligns with the Plan's objectives. Thank you for the opportunity to provide these comments. Should you have any questions or require additional information,please do not hesitate to contact the Planning Department. I e V2 . FCF c Both r 88drmm 1 KtchervlGining t �' I i Foyer ` n Bedroom 2 3; cl dab d SECOND FLOOR PLAN — 922.-11 sa.Fr.-Ex 6tin9 — — — PUBUC WAY _ 11 z Storage i = ; to Retail - ?_. V` rr 1 � n P Enimrce FIRST FLOOR PLAN I ¢ -' c € e � > qas 4 z a y. u ' crawls�c2 2 xo e i �q I r�A O� —e— —a- z Storage `�w °- Storage m� n —--. _ dwell on Main CLG BASEMENT PLAN-Existing 53'.9>'A-1 P.-O IN 22971 SOUTH EmVATI -:ms LASTEE aION - . �.. . . . . . . .. . . . . . . . . . . ± , < « % \ e > . , }E y ƒENo eas \q±H 2oR-1 , ,«_Main ! CTM »�Q ------------- 5UR\/EY OF PROPERTY 51 TUATE: 5OUTHOLD N TOWN: 5OUTHOLD 5UFFOLK COUNTY, NY W PURVEYED 04-21-2022 RE-CERT Ob-2b-2022 SUFFOLK COUNTY TAX# 5 1000-(21 - 1 - Ib CERTFM ff4D; Jewell on Main L1.at.". Mw Farms by the See LLC FldalltyNadondTide brAvance Company REHCO Bank of America,K-k,1SAOA ATHAA '0 ry . Qk) 00 < ✓rw7 h e ' u a10. AA OF NEW Y NOTES: _._. p PIPE FOUND ' ' LAN AREA = 4,154 5F or 0.10 Acres JOHN C. EHLER.S LAND SURVEYOR 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 61RAPHIG 56ALE I 20' RIVERI3EAD,N.Y.11901 631-369-8288 REF.C:IUsmuohn\DrOpbox\04\04\04-295 elevations only.pro BOARD MEMBERS Sol Southold Town Hall ( w Leslie Kanes Weisman, Chairperson 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 1,0� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ,. Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 MEMO RECEIVED .. ._._. ..µ_..,..- TO: Planning Board MAY 0 8 2 FROM: Leslie K. Weisman, ZBA Chairperson ily "own Planning Board DATE: May 8, 2024 SUBJECT: Request for Comments ZBA#7936 — Jewell on Main, LLC The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, and current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. Applicant: Jewell on Main, LLC Tax # Zone District: 1000-61.-1-16 ZBA#: 7936 Hearing Date: September 5, 2024 Code Section: Art XXVI Sec 280-146D Date of Stamped Survey: last dated June 28, 2022 Pre parer of Survey: John C. Ehlers, Land Surveyor Thank you. Encls. Ap plication for Interpretation APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Interpretation 5795 &53801 Main Road aka SR25 Southold House 1 0. Street Hamlet SCTM 1000 Section: 61 Block: 1 Lot(s) 36 Lot Size: .125 Zone Hamlet Business I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Owner(s)• Jewell on Maim, LLC - C/O Joan Hendrik Bischoff van Heemskerck Mailing Address: 7160 Horton's Lane, Southold NY 11971 Telephone: 631-948-0234 Fax: Email: Joan@JBischoffLaw.com NOTE:In addition tg 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: Joan H. Bischoff van Heemskelor(X)Owner( )Other: Address: 7160 Horton's Lane, Southold NY 11971 Telephone: 631-948-0234 Fax: Email: Joan@JBischoffLaw.com Please check to specify who you wish correspondence to be mailed to,from the above names: Q()Applicant/Owner(s), ( )Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED FOR: ( )Building Permit N/n ( ) 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.) 146 D (Interpretation) Article: CH280 Art. XXVI Section: Subsection: Type of Appeal. An Appeal is made for: ( )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 X OtherCorrection to Fire Certificate of Occupancy anc -23835"Commercial Building* "dated August 25, 1995 to reflect "mixed use commercial building including a second floor, 2-bedroom apartment." A prior appeal( )has, (x)has not been made at any time with respect to this Bropertyand to instruct the UNDER Appeal No(s). Year(s). Building Dept to issue a rental permit (Please be sure to research before completing this question or call our office for assistance) and expunge any violations. Page 2,Area Variance Application Revised 6/2023 APPLICATION IS FOR A REVIEW AND UPDATED PRE CERTIFICATE OF OCCUPANC` REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if to la x a e The existing, 2-story,commercial building is continually used and was originally a retail butcher shop with owner/butcher (Henry Jewell) living above; the property was renovated several times and the mixed use is common to the majoriity of neighboring commercial buildings. The apartment is common to other buildings of the period that have Pre C of O's. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue other than an ar a;-van c b ause:The inspection report does not state what the 'four' rooms are on rt�;(rc~ the Pre-C of O relative to the second floor.. The second-floor apartment has existed in its present form based on a variety of local authorities including the Town of Southold Assessors Office,The Town of Southold Police Department and the Greenport Housing Authority. Records indicate that the apartment existed prior to the issuance of the Pre C of O#Z-23836 dated August of 1995. Residential use is currently encouraged over commercial spaces to support vibrant, workable downtown areas. 3. The am unt-of rely f requented is not substantial because: The apartment exists and was not fully recognized at time of the issuance of the Pre Certificate of Occupancy; The Inspection Report lists 4 rooms but doesn't define what those rooms are. 4. The Arran will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Many other adjacent and neighboring sturctures have Pre C of O's that include apartments on the second floor, in the immediate area and also in other'historic' commercial hamlet centers throughout the Town of Southold. The subject building was built well before zoning and provided a residence for the shopkeeper/butcher„ Henry Jewell, prior to his building a home at 395 Beckwith Avenue, Southold. 5.Has the alleged difficulty been;self"created? { }Yes,or } No Why, The building inspector did not include a description of the four(4) rooms (the apartment) on the second floor of the building. • Are there any Covenants or Restrictions concerning this land? { }No { }Yes(please furnish a copy) • This is the NE[NUv JM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. By signing this document,the PROPERTY OWNER understands that pursuant to Chapter 280- 146(B)of the Code of the Town of Southold,any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMP AANC"'WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Signa KO:Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this ugol a,�A day of , ABRtNt1 MI BORN Notary Public, ante of New York - No,01 O631?Q a Public - Oualifie d in Suffolk county mrmsston Expires Dec.22,20aa o Proj e c t Description Zoning Board of Appeals APPLICANT'S PROJECT DESCRIPTION Jewell On Main, LLC 1000-61-1-16 APPLICANT: SCTM No. 1.For Demolition of Existing Building Areas Please describe areas being removed: NOT APPLICABLE II.New Construction Areas(New Dwelling or New Additions/Extensions): NOT APPLICABLE Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: 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: M.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Not Applicable Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: Not A licable IV.Calculations of building areas and lot coverage,sky plane(From Surveyor,Design Professional): Existing square footage of buildings on your property:_www Proposed increase of building coverage: o pp ica e Square footage of your lot: Percentage of coverage of your lot by building area(lot coverage) Gross'Floor Area CGIZA1 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): For Residential lots,is project within the allowable Sky Plane?(Please refer to Chapter 280, Section 280-208 of the Town Code): V.Purpose of New Construction: Not Applicable 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: Not Applicable 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. Owner's Statement&Request: Based on the facts,testimony and written documentation contained in this application it is requested that the Town of Southold Zoning Board of Appeals determine that the existing,two- bedroom, second floor apartment be included in the Pre Certificate of Occupancy(Z-23836)and that the Town of Southold Building Department promptly issue a Rental Permit for the apartment use (as existing)and further,that any`complaint; relative to this application and use, be expunged. Timeline: o Unknown construction/purchase date by Henry Jewett who ran a meat market at the property and lived in the second floor apartment until moving to his own home at 395 Beckwith Avenue. Y SPLIA records indicate that the subject property was renovated in the 1930's. * Long Island Traveler Watchman`classified'ads of various dates illustrate Henry Jewell offering the apartment for rent. 0 1950 sale to Suffolk County Mutual Insurance Company with offices on first floor. • 1966 Sale to Lefferts Payne Edson, Esquire with office on first floor. • Unknow dates/uses until first floor retail space leased for a photo studio and art gallery approximately Summer of 1990, presumably after the death of Lefferts Payne Edson. 0 Certificate of Occupancy,Z-19288 dated August 13, 1990,was issued for renovations to a front entry. THIS IS THE FIRST C OF O ISSUED ON THE PROPERTY. w Certificate of Occupancy,Z-23835 dated August 25, 1995 was issued for partition and electric outlets in an existing building(accommodating a`viewing'window of a 1-hour photo developing machine). M PRE-Certificate of Occupancy,Z-23836 dated August 25, 1995, is issued as requested by Lewis L. Edson (son of Lefferts Payne Edson)for a Commercial Building Structure*. The*refers to the inspection report noting four(4) rooms on second floor-but doesn't'fully describe them. Of interest, however,air conditioning is included for the first floor commercial area inspection report,which begs the question, what commercial building in Southold had air conditioning prior to 1957? Clearly the inspector subjectively chooses to include a modern amenity,while overlooking a common use such as an apartment that at this time was not regionally desirable to live in over commercial space. The inspector failed to record the structure as it was during the inspection on the morning of July 29, 1995. Tenant in retail space was Allan Schneider Real Estate which became Corcoran Real Estate. * 2005 Sale to 5th Properties(Tim Davis/Corcoran Group Real Estate). • Morley A. Quatroche Jr of The Morley Agency Inc/Morley Property Management, Inc.Southampton, NY manages the property for Tim Davis/5`h Properties LLC. The second-floor apartment is continuously rented as illustrated by MLS(multiple listing service of Long Island)records at market rate or to Section 8 tenants procured by owner/realtor/The Greenport Housing Authority. « 2018 Sale to FHV, LLC(Charles Salice) * March 29, 2021 Town of Southold issues a COMPLAINT against property owner for a second floor apartment not included in the PRE C of O. Owner filed for and was denied a rental permit. In order to clean up the complaint,the owner is told to install a NEW sanitary system. The owner applied to Suffolk County Board of Health. • June of 2022 Property acquired by Jewell on Main, LLC(Nicholas Planamento&Joan Hendrik Bischoff van Heemskerck). Purchase of building was made relying on conversations with the Town of Southold Building Department,relative to a path to clean up the complaint and make the second floor apartment`legal'. History of the building was discussed and owner was told to apply for an updated/corrected PRE Certificate of Occupancy acknowledging the condition of the building,August 25, 1995. 0 July 22,2022 the Town of Southold Building Department accepts THEN returns the application for an updated Pre C of O request. • Fall of 2022 conversations start at length with Building Department including multiple meetings between owner/applicant, architect Nigel Williams and staff. • September 12,2023 plans submitted to Building Department to legalize apartment. • September 13, 2023 Building Department affirms that the existing apartment doesn't qualify for inclusion in Pre Certificate of Occupancy and offers two paths to`legalize': 1. Accessory to Principal Building(code 280-45c2)requiring VARIANCE for an apartment that exceeds 50%of primary floor size 2. Apartment Use(code 280-45b11)requiring SPECIAL EXCEPTION for conversion of space to an apartment. • November 6,2023 request made to the Town Attorney's office for assistance in matter. In conversation it is suggested that the ORIGINAL Pre Certificate of Occupancy should include improvements that were in the building on the date of inspection,July 29, 1995. In order to clarifythis and update the Pre C of 0, owner is told to follow one of three paths: 1.-2. Apply for an apartment as outlined by the Building Department where Zoning Board of Appeals approval is required either via a Special Exception, or Variance relief, or,2. Request the Zoning Board of Appeals to make an Interpretation under Town Code Chapter 280 Article xxvi, Section 146D, clarifying the Pre C of 0 description of four(4)second floor rooms. • February 11,2023 Asha Gallacher of the Village of Green port Housing Authority offered written testimony that under her role multiple Section 8 tenants were placed in the second floor apartment and that the apartment meets the requirements of the Housing Authority. • Winter 2024 FOIL requests made via Town of Southold Clerk's office to Southold Police and Fire Departments seeking information on RESIDENTIAL complaints at subject property. No response was provided by the Southold Fire Department,however, Police Chief Martin Flatley provided written testimony, dated April 10,2024,that residential complaints exist prior to 1995 substantiating the residential use of the 2"d floor. • April 2,2023 former Town Assessor Darline Duffy provides written testimony that as an elected town official, she assessed the property as NYS Department of Taxation and Finance classification code 481 (as recorded on the Town Property Card)"Downtown Row Type Structure with retail on first floor and apartment on second floor). Additionally,she offers personal knowledge of visiting a friend who was a resident of the apartment. • April 2024 application to the ZBA submitted seeking an interpretation of the original Pre Certificate of Occupancy to clarify what the four(4)second floor rooms are at 53795(aka 53801) Main Road,Southold. Questionnaire Revised 6/2023 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises currently listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? X No Yes,please explain on separate sheet. C. 1.)Are there areas that contain sand or wetland grasses? N/A 2.)Are those areas shown on the survey submitted with this application? _ 3.)Is the property bulk headed between the wetlands area and the upland building area? 4.)If your property contains wetlands or pond areas,have you contacted the Office of the BOARD OF TRUSTEES for its determination of jurisdiction? Please confirm status of your inquiry or application with the Board of Trustees: 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? N/A E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? NO_ If any of the aforementioned items exist on your property,please show them on a site plan. F. Are there any construction projects currently in process on your property? NO If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe scope of work: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If none exist,please apply to the Building Department to obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? NO If yes,please label the proximity of your lands on your survey and identify the Suffolk County Tax Map No. I. Please list present use or operations conducted at your property, and/or the proposed use Mixed-use Cor mercial Buildin retail down/we�rtr►w r t ups J. maples:existing,°ingle family,proposed:same with garage,pool or other) F � IOki i _.... Aut�ho�; g tore Date ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK -------------------------------x JEWELL ON MAIN LLC Application to Interpret and Amend Appellant, Pre-existing Certificate of Occupancy MEMORANDUM OF LAW IN SUPPORT OF JEWELL ON MAIN LLC'S APPLICATION TO THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD TO INTERPRET AND AMEND A CERTIFICATE OF OCCUPANCY ISSUED IN 1995. BISCHOFF LAW PLLC JOAN H. BISCHOFF VAN HEEMSKERCK, ATTORNEY AT LAW 7160 HORTONS LANE SOUTHOLD NY 11971 TEL: 631-948-0234 JOAN@JBIS CHOFFLAW.COM Attorneys for Appellant N Table of Contents PRELIMINARY STATEMENT..........................................................................................1 BACKGROUND...............................................................................................................1 ARGUMENT.......................................................................................___.........„„.........._3 THE ZBA SHOULD INTERPRET AND AMEND THE 1995 PRE-CO TO RECOGNIZE AND CERTIFY OCCUPANCY AND USE OF THE SECOND FLOOR OF THE BUILDING AS AN APARTMENT.....................................................................................3 THEBUILDING.......................................-...........................-............................- .......................................3 THE BUILDING'S OCCUPANCY AND USE.....................................-..................................,..........................4 UNDISPUTEDFACTS ..................................................................................................................................7 THE PRE-CO SHALL CERTIFY THE USES OF A BUILDING EXISTING......................................................._ 10 THE APARTMENT AT THE TIME OF THE PRE-CO...................................................................„......,...........11 THE 1995 PRE-CO IS UNCLEAR AND INACCURATE...........................................- .......—............____...„..13 THE ZBA HAS THE AUTHORITY TO INTERPRET AND AMEND THE PRE-CO..............................................16 STANDARD OF REVIEW FOR THE ZBA..............................................................-.....,...............,............,...16 THE DOCTRINE OF EXTINGUISHING NON-CONFORMING USES DOES NOT APPLY...........................„.....17 THE APPELLANT REQUESTS THE ZBA INTERPRETAND AMEND THE 1995 PRE-CO.................................17 CONCLUSION...............................................................................................................20 Cases Andes v. Zoning Bd. of Appeals of Town of Riverhead, 217 A.D.3d 671, 674, 191 N.Y.S.3d 423, 426 (2023)...........................................................................................16 Bekermus v. Nardy, 123 Misc. 2d 378, 385, 472 N.Y.S.2d 570, 575 (Sup. Ct. 1984)....20 Bennett v. Zoning Bd. of Appeals of Vill. of Sagaponack, 170 A.D.3d 716, 717, 96 N.Y.S.3d 246, 247 (2019)............................................................................................19 Keller v. Haller, 226 A.D:2d 639, 640, 641 N.Y.S.2d 380, 381 (1996) .....................16, 19 People v. Miller, 304 N.Y. 105, 107, 106 N.E.2d 34, 35 (1952) ...................... ..............10 Statutes First Building Zone Ordinance, adopted 4/9/1957, Chapter 100, Article IV"B" Business District.................................................—.........................____.....................................6 Southold Town Code §290.44, Purpose.......................... .........................................19 Southold Town Code § 280-121 ......................................................................................6 ii Southold Town Code §280-45 B (11) ...............— .........,,...........,..,...........,..,..................2 Southold Town Code §280-45 C......................................................................................6 Southold Town Code §280-45 C (2) f..............................................................................2 Southold Town Code §280-45 C. (2) Accessory uses —Apartments...............................6 Southold Town Code in effect 1995, ARTICLE XXVII Administration and Enforcement, § 280-154. under F..................................................................................................10, 13 Southold Town Code in effect after the adoption of local law No. 1 of 1989, §100-284 underG ....................................................................................................................6, 7 Southold Town Code in effect after the adoption of local law No. 1 of 1989, §100-284 under G, idem under current code. ..............................................................................7 Southold Town Code in effect after the adoption of local law No. 1 of 1989, §100-90, Purpose......................................................................................................................19 Southold Town Code, ARTICLE XXVI, Board of Appeals§ 280-146..............................16 Other Authorities 1901 Belcher Hyde map ..................................................................................................3 Brianne Ledda, North Fork's Housing Crisis Has Reached New Extremes, The Suffolk Times (Oct. 22 2022)..................................................................................................19 Joanne Kaufmann, Living above the Store, New York Times (Nov. 25, 2022), quoting Howard Davis, a professor of architecture at the University of Oregon and the author of the book, Living Over the Store:Architecture and Local Urban Life (Routledge, 2012).........—..........................................................................................................4, 11 Lewis L. Edson Obituary, The Suffolk Times, June 25, 201.............................................9 M. Nolan Gray, Arbitrary Lines - how zoning broke the American City and how to fix it, Island Press p. 53 (1st ed. 2022.................................................................................19 Sandbornmap .................................................................................................................3 Society for the Preservation of Long Island Antiquities....................................................1 iii PRELIA'IINARY STATEMENT This appeal is brought to ask the Zoning Board of Appeals of the Town of Southold ("ZBA")if a 1995 pre-existing certificate of occupancy for a 2-story building in a Hamlet Business district a) does certify or b) should have certified the legal occupancy and use of an existing apartment on the second floor of that building. Apartments are badly needed in Southold Town.Appellant appeals to the ZBA to interpret and amend the Pre-CO and include the pre-existing occupancy and use of the second floor as an apartment. BACKGROUND On August 5, 2022, Jewell on Main LLC purchased a S.P.L.I.A.1 listed historic building known as 53795 (first floor address) and 53801 (second floor address) Main Road (State Route 25)in Southold,NY, SCTM21000-061.-1-16("The Building"). The Building has an apartment on the second floor ("The Apartment"), rented to residential tenants by at least 3 successive prior owners. On August 25, 1995, the Building Department of the Town of Southold ("Building Department") issued a pre-existing certificate of occupancy ("Pre-CO") for The Building which was silent on the occupancy of the second floor as an existing apartment. Society for the Preservation of Long Island Antiquities 2 Suffolk County Tax Map 1 In 2021, the prior owner of The Building applied for a rental permit as required by a new rental law. The Building Department did not issue a rental permit and issued a violation because "The Apartment was not on the Pre-CO" and recorded a code violation. In July 2022, first, the Building Department solicited but then returned an application by Appellant for a revised pre-existing certificate of occupancy. The Building Department then suggested two ways to legalize the Apartment under current code, as if The Apartment never existed before. Appellant could apply for a conditioned permitted use in Hamlet Business ("HB") by applying for a variance3, followed by installation of a full building fire suppression system,AI septic system, and subject to other expensive requirements; or appellant could convert the second floor of The Building to no more than 6 apartments subject to a special exception.4 These options would not be economically feasible to Appellant or any reasonable business person; just a designated water main to be brought in from across Main Road required for the sprinkler system costs well over$100,000 as quoted. The zoning doctrine of extinguishment of non-conforming uses does not apply to conforming pre-existing uses. The Pre-CO should have covered all pre-existing conforming occupancies and uses of The Building on the second floor. Had the Pre-CO correctly recognized The Apartment,The Apartment would be legal today.And a rental permit would have been issued. Appellant appeals to the Zoning Board of Appeal to interpret and amend the Pre-CO to include the occupancy and use of the second floor as an apartment as it pre-existed; and remand the file to the Building department to issue a rental permit and expunge any violations. 3 Southold Town Code§280-45 C (2)f"The apartment(s)shall not comprise more than 50%of the principal building" 4 Southold Town Code§280-45 B (11) Conversion of an existing building to apartments as set forth in and regulated by§ 280-38B(6) of the Residential Office District. 2 ARGUMENT THE ZBA SHOULD INTERPRET AND AMEND THE 1995 PRE-CO TO RECOGNIZE AND CERTIFY OCCUPANCY AND USE OF THE SECOND FLOOR OF THE BUILDING AS AN APARTMENT THE BUILDING 1. The Building in Southold's business district (which dates to before 1858)was redesigned and remodeled by George W. Smith in the 1930s and used to be known as Henry Jewell's butcher shop and market until 1950.5 2. The 1920 detailed and reliable Sandborn map shows the building set back from Main Road with a front porch and a rear stairwell access to the second floor with a door opening still visible in the brickwork today.6 3. It is undisputed that the brick structure of The Building was built in or around 1876 7 and exists in its current state since before 1930.8 4. It is undisputed that the second floor of The Building exists in its current state since the 1930, and pre-dates the start of zoning in the Town of Southold in 1957.9 5. EXHIBIT A lists all documents Appellant obtained through Freedom of Information requests or research and includes the deeds from 1950 forward, applications to the Building Department, and issued certificates of occupancy. 5 See: S.P.L.I.A records attached to this Application. B See Sandborn map included in the Application underlying this Memorandum of Law Email from Amy Folk, manager of Collections, Southold Historical Society, dated May 1, 2024. 8 See: S.P.L.I.A records attached to this Application. 9 Idem and 1910 U.S. Census, 1901 Belcher Hyde map. 3 6. It is undisputed the Town does not have, or has not provided, any records pertaining to the Building, its structure, occupancy and/or use history prior to 1990. 7. The Inspection Report of July 29, 1995, attached to the Pre-CO, describes The Building as a"2-story brick building"with"cement block foundation,"with 3 exits, %cellar, with"two"rooms on the first floor, "four"rooms on the second floor, "2 toilet rooms", a"rear mudroom", "domestic hot water", a Long Island Lighting Company"("LE1,C0") gas heater", "LILCO gas heat", air conditioning"on the first floor only", "hot water," and a"1"floor security vault room."10 8. It is undisputed that the second floor of the building, ignored in that report, was rented by successive prior owners as an apartment("Apartment"). THE BUILDING'S OCCUPANCY AND USE 9. "For centuries, in rural and urban settings it was the common thing around the world for people to live and work in the same place,"people lived above their store.'' 10. The building was built in 1876,12 probably by David T Conklin(1839-1920).'3 Henry K. Jewell bought the building around 1910 and"he tells the census taker that he owns his shop and was a professional butcher-the family was living over the store".14 's The building also housed a bakery(C. Bardoff)." 10 See Exhibit A, Z23836 11 Joanne Kaufmann, Living above the Store, New York Times (Nov. 25, 2022), quoting Howard Davis, a professor of architecture at the University of Oregon and the author of the book, Living Over the Store: Architecture and Local Urban Life(Routledge, 2012). 12 See Two Emails from Amy Folk, Town Historian, included in the Application underlying this Memorandum of Law 13 Idem 141dem 15 See 1910 US census 16 Email II from Amy Folk, Town Historian and 1910 U.S. Census 4 11. It is undisputed that the f rst floor of The Building since 1910 was used as a butcher shop, a market,possibly a bakery, retail stores and/or offices. 17 12. It is undisputed the second floor, since it was built,was used as living quarters for prior owners as typical in this business district(as Henry Jewell and his family did); and later also as office and/or retail, and as an apartment.18 13. On July 31, 1991, The Planning Board of the Town Southold wrote to Lewis Edson it received notice that 2 or 3 uses occupied The Building,without mentioning where.19 14. The Inspection Report of July 29, 1995, attached to the Pre-CO, describes The Building as a Commercial Building and its occupancy as commercial.20 15. The Pre-CO issued on August 25, 1995, describes The Building as Business, and certifies occupancy as "Commercial Building Structure." The Inspection Report of July 29, 1995, attached to the Pre-CO, describes The Building's occupancy as Commercial Building.21 16. It is undisputed, and any reasonable observer would agree, that the physical structure, look and feel,nature and layout of The Apartment, in its existing configuration with bathroom and kitchen since prior to Zoning, would not have to be and most likely was not altered to be used interchangeably either as an apartment or office and/or retail. 17. It is undisputed that the Building and uses were legal on the first floor and on the second floor of the Building, and became pre-existing conforming uses exempt from zoning restrictions adopted after in the first Zoning Ordinance of 1957, and following zoning regulation 17 See S.P.L.I.A. file for The Building 18 S.P.L.I.A., ante. See also Correspondence between Lewis Edson and the Planning Board '90-'91 19 See Exhibit A, Waiver of Site Plan. 20 See Exhibit A, Z23836 21 Idem 5 such as the Fire Prevention and Building Code in 1984, 22, Local Law 1 in 1989 23, ("Code of 1989") and any later amendments to any of these statutes: a. When zoning was first enacted in Southold, in 1957, The Apartment was conforming as an accessory use in the General Business Zoning District without any need for permits nor subject to any restrictions.24 b. Under the Fire Code of 1984 and Zoning Code of 1989, and all amendments after the second floor Apartment remained a pre-existing conforming use in Hamlet Business District("HB") exempted from an added special exception requirement by the Code of 1989.21 c. The Code of 1989 broadly exempted pre-existing uses from its requirements: Upon written request and upon payment of the fee hereinafter specified, the Building Inspector shall, after inspection,issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this chapter,or any amendments thereto, certifying such use and whether or not the same and the building conform to the provisions of this chapter." 18. It is undisputed that,under the current Town of Southold zoning code, The Apartment is a permitted and conforming use without special exception requirement or site plan review requirements, and that this Code's restrictions and conditions pertaining to The Apartment were adopted after the second floor's - and The Apartment's -pre-existence. 27 22 Southold Town Code Chapter 144 Adopted by the Town Board of the Town of Southold 7-17-1984 by L.L. No. 7-1984; amended it its entirety 12-19-2006 by L.L. No. 16-2006 23 Southold Town Code Chapter 100 on February 16, 1989, date of filing with the Secretary of State 24 First Building Zone Ordinance, adopted 4/9/1957, Chapter 100, Article IV"B" Business District, Original Zoning Map. 25 See: Zoning Map in effect after the adoption of local law No. 1 in 1989. 26 Southold Town Code in effect after the adoption of local law No. 1 of 1989, §100-284 under G, idem under current code. 27 Southold Town Code§280-45 C. (2)Accessory uses—Apartments. 6 19. Under the Town of Southold Zoning Code in effect today,pre-existing non- conforming uses are extinguished if they are discontinued for over 2 years.28 However, the Current Code does not extinguish pre-existing conforming uses, nor does any prior Code. (See below under 58). 20. Any pre-existing use must be certified when a pre-existing certificate of occupancy is issued.29 UNDISPUTED FACTS 21. Lefferts Paine Edson died on May 3, 1989, and had not used the second floor of the Building as his law office for a period of time. 22. His son Lewis Edson was executor of Leffert Edson's estate including The Building. He was a licensed real estate broker at First Towne Realty, with professional knowledge about zoning in the Town of Southold. 23. In 1990, a tenant of the first-floor store applied for a sign permit for which a waiver of site plan was issued by the Planning Board, on October 22, 1991. s0 24. On January 30, 1990, in related correspondence with the Planning Board, Mr. Edson's son Lewis mentioned that the second floor was vacant for over a year and that he intended to rent it as an apartment but did not have a tenant or use in mind yet.sl 28 Southold Town Code§280-121. Nonconforming uses. 29 Southold Town Code in effect after the adoption of local law No. 1 of 1989, §100-284 under G, idem under current code. 30 See Exhibit A, Waiver of Site Plan 31 Idem 7 25. The Planning Board responded on February 9, 1990,that the use of the second floor as a proposed apartment over a retail store or office, is a permitted use by special exception by the Zoning Board of Appeals in the Hamlet Business District. 26. No special exception were required if The Apartment pre-existed at the time of adoption to the Code of 1989 (or its amendments). 27. On August 30, 1990, The Building Inspector issued a Certificate of Occupancy for the renovations and modifications of the front fagade of the Retail Store and entry to The Apartment.32 28. On July 26, 1991,the Building Inspector issued a violation of Chapter§100 45-8 and §100-281 (Zoning) for construction of a partition and installation of wiring without a building permit in the retail store on the first floor of The Building.33 29. On July 29, 1991, a building permit was filed to remedy this violation and on July 26, 1995, four years later, a subsequent application was filed for a certificate of occupancy.34 30. On August 25, 1995, a Building Inspector for the Town of Southold issued a Certificate of Occupancy ("CO"),No. Z-23835. 35 31. The plans attached to the CO pertaining to this application illustrate a separate access to the second floor Apartment. 36 32 See Exhibit A, Z23835 33 See Exhibit A, Z23835, note 21, 34 See Exhibit A, 19017-z 35 Idem 36 Idem 8 32. On the same day the CO was issued,August 25, 1995, the Building Inspector also issued a pre-existing certificate of occupancy No. Z-23836 for The Building.37 He attached a housing inspection report to the Pre-CO specifying the inspection took all of 25 minutes, and he certified the building broadly as a"commercial building structure." 38 33. The inspection report covers the first floor and basement in detail and mentions a separate first floor central air conditioning unit.39 34. The Pre-CO omits any mention of the second-floor occupancy or use.40 35. The housing inspection report, attached to the Pre-CO, described the second floor as containing"four"total rooms without further detail. 41 36. Lewis Edson died on June 20, 2013.42 37. In 2021, prior owners applied for a rental permit for The Apartment in The Building as required by the new rental law43 in Southold Town. 38. On March 29, 2021, the Deputy Chief Building Inspector for the Town of Southold, after an inspection for that rental permit application, filed a complaint because"there is a second-floor apartment that is not on the pre-CO."44 39. As a result, no rental permit was issued. 37 See Exhibit A, Z23836 38 Idem 3s Idem 40 Idem 41 Idem 42 Lewis L. Edson Obituary, The Suffolk Times, June 25, 2013 43 Local Law 14 2018 filed 12/27/2018 44 Complaint No. 2021-841 9 40. On July 22, 2022, Applicant filed an application with the Building Department for a revised pre-certificate of occupancy which the Building Department first accepted and then returned.45 41. The Building Inspector today will not allow a Rental Permit for The Apartment, because in his interpretation of the Pre-CO issued by his office such occupancy and use are not permitted, and will not exercise his discretion to correct it.46 THE PRE-CO SHALL CERTIFY THE USES OF A BUILDING EXISTING 42. Buildings in the Town of Southold built prior to April 9, 1957, when zoning was first adopted,do not require a certificate of occupancy for conforming pre-existing legal occupancy and use: It is the law of this state that nonconforming uses or structures,in existence when a zoning ordinance is enacted,are,as a general rule,constitutionally protected and will be permitted to continue,notwithstanding the contrary provisions of the ordinance.47 43. A Pre-Existing Certificate of Occupancy shall certify the uses of a building existing at the time of the adoption of this chapter of Town Code regulating a Certificate of Occupancy: Upon written request and upon payment of the fee hereinafter specified, the Building Inspector shall, after inspection, issue a certificate of occupancy for any building or use therefor or of land existing at the time of the adoption of this chapter,or any amendments thereto,certifying such use and whether or not the same and the building conform to the provisions of this chapter.48 as See the application underlying this Memorandum of Law. 4s Idem 47 People v. Miller, 304 N.Y. 105, 107, 106 N.E.2d 34, 35(1952) 48 Southold Town Code in effect 1995, ARTICLE XXVII Administration and Enforcement, §280-154. under F 10 44. A Pre-CO is issued"to conduct such inspections as they may deem necessary with respect to the aforesaid application, including inspections to determine that said premises comply with all of the laws, ordinances, rules and regulations of the Town of Southold."49 THE APARTMENT AT THE TIME OF THE PRE-CO 45. It is undisputed that the second floor of the Building existed prior to April 9, 1957, when zoning was adopted and is so pre-existing,,50 46. It is undisputed that the second floor of The Building, prior to the Code of 1989, was used as an apartment and as office/retail interchangeably as conforming pre-existing uses. These uses are not individual uses, but rather all sub-uses, part of one integrated use for a small business building as commonly used all over the world and in Southold in the Main Street Business District." 47. Appellant provides substantial evidence and a rational basis in this application,that The Apartment's occupancy and/or use: i. pre-existed and predated zoning (amendments) as it existed at the time of the inspection for the Pre-CO, I existed at the time of the inspection for the Pre-CO,continued to exist today, and iii. should have been certified as pre-existing in the Pre-CO, by providing the following: 49 See: Southold Town Building Department Application for Pre-Existing Certificate of Occupancy. so S.P.L.I.A. file for The Building 51 Joanne Kaufman supra 11 a. The Chief of Police for the Town of Southold provided evidence of the use of the second floor as an apartment with residential complaints prior to 1995,prior to the Pre-CO;12 b. A former Town Assessor provided evidence that she assessed the property as a mixed-use property and attested to personal knowledge of the existence of The Apartment in the 1970s, both prior to the Pre-CO. 53 c. The Housing Administrator for The Greenport Housing Authority attested that the second-floor apartment met their housing requirements and that they placed tenants there at least since 1990,prior to the Pre-CO. 54 d. Henry Jewell,who owned and ran a butcher shop at The Building lived at 395 Beckwith Ave in Southold and rented The Apartment as evidenced by advertisements in the Traveler Watchman detailed in the application. e. The Assessor for the Town of Southold classified The Apartment as "mixed use"including an apartment on the second floor.15 f. The tax bill for The Building identifies the property as code 481: down-town row type described as "usually a two or three story older structure with retail sales/services on the first floor ... and/or apartments on the upper floors..." 56 52 Letter by Martin Flatley, Southold Town Chief of Police, dated April 10, 2024. 53 Letter by Darlene Duffy, dated April 2, 2024 54 Letter and Email from Asha Gallagher 55 Letter by Darlene Duffy, dated April 2, 2024 56 NYS Department of Taxation and Finance, Property type classification codes. 12 g. Two separate street addresses have been assigned to the Building: No. 53795 Rte. 25 (first floor address) and 53801 Rte. 25 (second floor address) in Southold, New York. h. The Building's first and second floor have maintained separate utilities. i. The Building's first and second floors have maintained separate entrances. j. A Google search revealed that Lori DiBartolo and Laurie J. Como lived in The Apartment at 53801 Rte 25 in Southold at from January 2017 to September 2022,Victoria S. Como lived in The Apartment from November 2011 to May 2019, Gina Marie Behllce lived in The Apartment from December 2002 to October 2013, and Maria Szpakowska in February of 2002.57 k. The Building Inspector filed a complaint on March 21, 2021, that the Apartment existed on the second floor of The Building. THE 1995 PRE-CO IS UNCLEAR AND INACCURATE 48. The Pre-CO governs the permitted use or occupancy under the zoning code and must give a clear description of what is there,whether it conforms to code, and what occupancy/use is permitted.58 49. The Pre-CO's permitted occupancy, "Commercial Building Structure" is unclear because: a. "Commercial Building Structure" 57 https://www.truepeoplesearch.com/find/person/px6l2rr9n948980nr6lO9 58Southold Town Code in effect 1995, ARTICLE XXVII Administration and Enforcement, §280-154. under F 13 i. is not defined under the Town Zoning Code in effect in 1995 (or any other prior Code) as a permitted use, and ii. fails to indicate what the certificate's certified uses or occupancies are. 50. The Pre-CO is broad and does not clearly indicate what is and what is not allowed while it controls legal use and occupancy: is owning and renting apartments in a building- a business that provides (retirement) income to so many New Yorkers - a commercial usd included in"commercial building structure"? 51. The Pre-CO is inaccurate because: a. The pre-existing use of The Apartment is not included. b. The pre-existing certificates that were issued by other building inspectors for similar commercial buildings in close vicinity of The Building, issued in the 1980s and 1990s, describe certified occupancies in great detail, on a room-by- room basis, e.g. as cheese shop,photography studio and 2nd floor apartment. s9 52. The Inspection Report referenced in and attached to the Pre-CO and referenced therein is unclear, because: a. The description `four rooms" is the only description in the Pre-Co for the entire second floor, and that description b. lacks any further detail on the structure and permitted occupancy and use of the second floor, and: s9 See e.g. Certificate of Occupancy Z-10409 14 i. Is identical to the description on the Town Assessor's property card provide to the Building Inspector(and may solely be based on that property card and not on an actual physical inspection of the second floor as required for a Pre-CO, as the Inspector's focus may have been the curing of a building code violation on the first floor without access to the second floor at the time of the inspection), ii. fails to indicate any permitted occupancy or use in these "four rooms" on the second floor or as to an Apartment as a permitted occupancy or use, and iii. permits rather than denies the permissible occupancy or use as Apartment. 53. The Inspection Report is inaccurate, because: a. The Building Inspector included in the Pre-CO a central air conditioning unit, typically not found in any building built in the 1800s,but b. did not describe a bathroom on the second floor which bathroom is described in a Town of Southold's Assessor's property card("Property Card") on January 30, 1990,nor a kitchen(-ette). C. It described 2 washrooms where the Property Card inconsistently indicates 3-V2 baths. d. It fails to describe a completely separate second floor unit with staircase, foyer, and its own exit to Main Road, not accessible from the first floor of the Building.60 so See Exhibit A, 19017-z—attached plans 15 THE ZBA HAS THE AUTHORITY TO INTERPRET AND AMEND THE PRE-CO 54. New York State Town Law provides the Zoning Board of Appeals with its authority to interpret and modify the PRE-CO issued in 1995 to add the pre-existing use of a rental unit on the second floor of the building: The Board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such ordinance or local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.61 55. Southold Town Code provides the Zoning Board of Appeals with the authority to amend the Pre-CO: In addition to such powers as may be conferred upon it by law,the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector." STANDARD OF REVIEW FOR THE ZBA 56. Judicial review of a determination made by a zoning board of appeals is limited to whether the determination has a rational basis and is supported by substantial evidence 61, 57. Where there is also evidence in the record supporting a contrary conclusion, a reviewing court may not weigh the evidence or reject the choice made by the ZBA when there is conflicting evidence and room for choice exists. 61 N.Y. Town Law§ 267-b 1. (McKinney) 62 Southold Town Code, ARTICLE XXVI, Board of Appeals§280-146. 63 Keller v. Haller, 226 A.D.2d 639, 640, 641 N.Y.S.2d 380, 381 (1996) 64 Andes v. Zoning Bd. of Appeals of Town of Riverhead, 217 A.D.3d 671, 674, 191 N.Y.S.3d 423, 426 (2023) , 16 "1':HE DOCTRINE OF EXTINGUISHING NON-CONFORMING'ORMING USES :DOES NOT APPLY 58. No Town code or amendment provides or has ever provided: a. That a conforming pre-existing use is extinguished by discontinued use; b. That conforming pre-existing uses are extinguished when they are interchanged with another such subsequent use; therefore, such interchanged prior use is still pre-existing and constitutionally protected; c. That a pre-existing use must be in use during the time of an inspection for a pre- existing certificate or its issuance. 59. Therefore, all such conforming pre-existing uses,not just the last one, in existence (at any time)prior to the adoption of a code or its amendments are pre-existing and exempted from the restrictions of that code.65 60. Therefore, a pre-existing conforming use is not subject to the doctrine of extinguishment by discontinuation. THE APPELLANT REQUESTS UESTS THE ZBA INTERPRET AND AMEND THE 1995 PRE-CO 61. Appellant requests the Zoning Board of Appeals of the Town of Southold should interpret and amend the Pre-CO because: d. Appellant has above provided substantial evidence and a rational basis The Apartment existed in 1873 or earlier,but certainly prior to the adoption Zoning;66 65 See Southold Town Code§280-154 F ss Email from Amy Folk supra 17 e. The Building Department did not recognize evidence The Apartment pre-existed at the time of inspection for the Pre-CO; f. The interpretation of an unclear and inaccurate Pre-CO solely by the Building Department which issued it is inherently unfair to Appellant. g. The Building Department i. has not exercised its discretion to correct the inaccuracies of the Pre-CO, ii. and has no authority to demand a pre-existing use exists at the time of an inspection or issuance of a Pre-CO for it to be certified (as it did when it issued a violation and refused a rental permit in 2021 because "The Apartment was not on the Pre-CO"). h. Appellant has herein provided substantial evidence and a rational basis that: i. the Pre-CO did not include The Apartment as pre-existing use as it should have, and ii. the Pre-CO is unclear, inaccurate and fails to clearly and unambiguously identify permissible occupancies and uses. i. The lack of Town records prior to 1990 and inaccuracies of the Pre-CO should not be held against Appellant. j. Appellant established substantial evidence and a rational basis that The Apartment and/or its building structure were conforming pre-existing and the use of The 18 Apartment existed legally prior to the enactment of all prohibitive zoning ordinances, codes and amendments.67 62. A housing crisis and the need for housing are well documented on the North Fork and in Southold Town.68 While zoning has always been restrictive, the rules we have placed on land uses and densities have become exponentially stricter since roughly 1960.69 And zoning here has emerged as an effective tool for blocking any and all development,locking many communities in amber.70 Many coastal housing markets here now operate in a context of a permanent housing crisis.71 Southold is not building enough housing and long existing apartments are taken off the market through zoning and rental laws.The Zoning Board of appeals is herein offered an important opportunity to help right a wrong by resolving an issue well within its purview.It can interpret and amend an unclear, inaccurate ancient, pre-existing certificate of occupancy issued in a different era that ignored what pre-existed and stands in the way of what is needed in the community. 63. Interpreting and amending this Pre-CO would not provide a precedent detrimental to the Town of Southold, because this appeal is limited to this specific Pre-CO and the circumstances of this particular 19th century Building with rare HB zoning. 64. Although zoning aims at the elimination of nonconforming uses, zoning cannot prohibit an existing use to which the property is or has been devoted at the time of enactment of restricting codes.72 67 Bennett v. Zoning Bd. of Appeals of Vill. of Sagaponack, 170 A.D.3d 716, 717, 96 N.Y.S.3d 246, 247 (2019) 68 Brianne Ledda, North Fork's Housing Crisis Has Reached New Extremes, The Suffolk Times(Oct. 22 2022) 69 M. Nolan Gray, Arbitrary Lines-how zoning broke the American City and how to fix it, Island Press p. 53 (1st ed. 2022) 70 Idem 71 Idem 72 Keller v. Haller, 226 A.D.2d 639, 640, 641 N.Y.S.2d 380, 381 (1996) 19 65. Alternatively, even in the unlikely case the ZBA would find that Appellant did not provide sufficient evidence of The Apartment and its use as conforming pre-existing, continuing the use as an apartment would be benign "and at most would only constitute a slight deviation from the original apartment/office use to a similar type use. The distinction between the two uses, residential and office in the context of a small business property of a store with an apartment upstairs if one can be found at all, would not constitute abandonment." 73 66. The interpretation and amendment by the ZBA of the Pre-CO of 1995 certifying The Apartment as permitted occupancy and use would further the purpose of the original Zoning Ordinance and the Zoning Code of 1989 as it remains today: to provide for business development in the hamlet central business ... and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area.74 CONCLUSION 73 Bekermus v. Nardy, 123 Misc. 2d 378, 385, 472 N.Y.S.2d 570, 575 (Sup. Ct. 1984) 74 See Southold Town Code in effect after the adoption of local law No. 1 of 1989, §100-90, Purpose; and See Current Southold Town Code §290.44, Purpose. 20 For all of the foregoing reasons, Jewell on Main LLC,Appellant,requests that the Southold Town Zoning Board of Appeals interpret and amend the Pre-CO for The Building, dated August 25, 1995, to certify the occupancy and existing use of the second-floor Apartment, and instruct the Building Department to issue a Rental Permit and expunge any violations. Dated: SOUTHOLD, NEW YORK APRIL 30, 2024 Res p u l submi cad, Bl FF ' 'LLC - B .........,. ... Joa is ref"van Heemskerck Attorneys for Appellant Jewell on Main LLC 7160 Hortons Lane Southold, NY 11971 631-948-0234 joan@jbischofflaw.com 21 ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK MEMORANDUM OF LAW IN SUPPORT OF JEWELL ON MAIN LLC'S APPLICATION TO THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD TO INTERPRET AND AMEND A CERTIFICATE OF OCCUPANCY ISSUED IN 1995. EXHIBIT B: RENTAL HISTORY 53795 (first floor address) and 53801 (second floor address) Main Road (State Route 25) in Southold, NY, SCTM' 1000-061.1-16 1. Between 1910 and 1930 the Jewel family lived above the store until he moved to 395 Beckwith Avenue 2; he advertised the rental of the Apartment between 1930 and 1950.3 2. Between 1950 and 1966 Workmen's and Suffolk Mutual Insurance owned the building; no records exist about the use of the second floor. 3. Between 1966 and until his death in May of 1989, Lefferts Paine Edson owned and used The Building as his law-office until the mid-eighties, and the second floor was vacant for at least a year from 1989 to 1990. 4. Between 1990 and 2005, Leffert Edson's estate owned The Building. Leffert's son Lewis Edson rented the first floor as a retail store to Rory Macnish(Old Towne Frame Shop and Harbor Light Photo), and later to Allan Schneider Real Estate/Corcoran. He rented the second-floor office to Sea Tow until 1994, and afterwards as an apartment. 5. Between 2005 and 2018, 53795 Southold Properties LLC rented the first floor to Corcoran Real Estate and the second floor as an apartment. 6. Between 2018 and August 2022, FHV LLC rented the first floor to Corcoran Real Estate and the second floor as an apartment. ' Suffolk County Tax Map 2 See email Amy Folk supra. 3 See Application underlying this Memorandum of Law. ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK MEMORANDUM OF LAW IN SUPPORT OF JEWELL ON MAIN LLC'S APPLICATION TO THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD TO INTERPRET AND AMEND A CERTIFICATE OF OCCUPANCY ISSUED IN 1995. EXHIBIT A: TOWN RECORDS Town Records for 53795(first floor address)and 53801 (second floor address) Main Road (State Route 25) in Southold, NY, SCTM1 1000-061.1-16 DEEDS L 13183 P_5_23 FHV LLC_ _Jewett on Main LLC 2022 L 12997 P 511 53795 Southold FHV LLC 2018 Properties LLC L 12758 P 249 Suffolk County ACM Riverhead V 2013 Assignment of _ National Bank LLC Leases and Rents L 12417 P 285 Est Edson 53795 Southold 10/12/2005 Pro erties L 5948 P 117 Workmen's and Lefferts Paine 1966 Suffolk Mutual Ins Edson L3042P495 Jewell SC Mutual 1 1950 Insurance Co BUILDING PERMITS,CERTIFICATES OF OCCUPANCY Complaint 40. Violation 312912021 2nd Fl Apartment Second Ft.Apt 2021-841 not on CO 20053-z Certificate of 08/25/1995 Install Partition& First Floor Retail OccupancyZ23835 Electric Outlets Space Z23836 Pre-existing _ 08/25/1995 Commercial Building Certificate of Building Structure OccupancyZ23836 1000-61.-1-16 Plannin Board _ 10/24/1994 Waiver of Site Plan Si n A tication� 19017-z Building Certificate of 08/13/1990 Renovation Front First Floor Retail Department Occupancy Z19288 Entrance and Space and Windows Entrance to Apartment f Suffolk County Tax Map Certificate of Occupancy FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z19288 Date AUGUST 13 1990 THIS CERTIFIES that the building NATION Location of Property 53795 MAIN ROAD SOUTHOLD House No. Street Hamlet County Tax Map No. 1000 Section, 061 Block 01 Lot 16 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 7 1990 pursuant to which Building Permit No. 19017Z dated MAY 14 1990 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is RENOVATE AND MODIFY THE FRONT ENTRANCE AND WINDOWS issued is OF COMMERCIAL BUILDING. The certificate is issued to LEIS EDSON (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N A UNDERWRITERS CERTIFICATE NO. N144288 AUGUST G 1990 PLUMBERS CERTIFICATION DATED N A —Building Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.X. CERTIFICATE OF OCCUPANCY No Z-23835 Date AUGUST 25 1995 THIS CERTIFIES that the building ALTERATION Location of Property, 53795 MAIN ROAD SOUTHOLD, NEW YOM House No. Street Hamlet County Tax Map No. 1000 Section 61 Block 1 Lot 16 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated. JULY 29,t 1991 pursuant to which Building Permit No. 20053-Z dated JULY 30 1991 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 INSTALL PARTITION & ELECTRIC OUTLETS FOR RETAIL STORE AS APPLIED FOR IN EXISTING BUILDING. The certificate is issued to LEWIS L. RDSON (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. PENDING - AUGUST 22, 1995 PLUMBERS CERTIFICATION DATED N/A -77 Bui ding Inlayfictor Rev. 1/61 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No 5-23836 Date AUGUST 25, 1995 THIS CERTIFIES that the building BUSINESS Location of Property, 53795 MAIN R= SOUTH=p N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 61 Block 1 Lot 16 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a Business building built Prior to: APRIL 9 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER 8-23836 dated AUGUST 25 1995 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 COMMERCIAL BUILDING STRUCTURE * The certificate is issued to LXWIS L. EDSON (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N'/A UNDERWRITERS CERTIFICATE NO. PMWING - AUGUST 22 1995 PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTAC= INSPECTION , Ir Ile ilding inspector Rev. 1/81 BUILDING DEPAIITMENT TOWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT LOCATION: 53795 MAIN ROAD SOUTHOLD, NEW YORK uumher .5...street ��- mu in cipali[y ......._.w SUBDIVISION __....._._ ______HAP NO. _ LOT(s) NAME OF OWNER (s) LEFFERTS P. EDSON OCCUPANCY COMMERCIAL ADMITTED BY: LEWIS EDSON SAME KEY AVAILAMiI)" - - ACCOMPANIED BY: 'tI TAX MAP NO. I O - - - SOURCE OF REQUEST: LEWIS EDSON DATE: JULY 26, 1995 TYPE OF CONSTRUCTION BRICK A BLOCK "y / STORIES 2 f E%ITS 3 FOUNDATION CEMENT BLOCK _CELLAR 3/4 CRAWL SPACE TOTAL ROOMS: 1ST FLR_ 2 2ND FLR. 4" 3RD FLR. BATHROOM (s) TOILET ROOM (s) 2 UTILITY ROOM REAR MUD ROM PORCH TYPE - DECK, TYPE PATIO BREEZEWAY� - FIREI'IACE GARAGE DOMESTIC HOTWATER YES TYPE IIEA'TER fii CAS AIRCONDITIONING 1ST FLOOR ONLY TYPE DEAT GAS LILCO - WARM AIR - �1107VATER S1t OTHER: 1ST FLOOR SECURITY VAULT ROOM ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST._ _ _ STORAGE, TYPE CONST. SWIMMING POOL ._ GUEST, TYPE CONST, -" OTHER: � � - VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION d BUILDING CODE I OCR►"TIIN DESCRIPTION ART_ SEC. REMARKS: BP #20053Z-CO Z-23835 (ALTERATION) 71- INEPECTED BY DATE OF INSPECTION JULY 29, 1995 M. BOLH?IS TIME START 9:10_ END 9:35 E Forin 0o. 6 1 Town Or SOtI-I-jIOj,j) BUILDING DEVARTI-Ir.mT TOWI-4 HALL 765-1 Z102 ANIi.I.CATI0,11 I.-Olt CERTIFICATE OF OCCUPANCY A. Thig IppliCntioll 1"USt Ile illsf)CCtOr 14104 Lho it' 1)Y tYl)(1writer OR hilt nticl submitted to the COV 11KIW btlifttilig Or 11L, use: Filial survey of property w(til act:jjra,Le 1 streets, all(I t1flt (?ratiorl Of 1)(j,1(1,jlg S, property litips, FIM11 2. tr*"' rtatl:rtr Or I-QV(')9r;lPIlic Features. 3. Approval tit v Approval 11 "atlt t . ()f l"11-cr supply ')'it" sewerage-dir-POsal(S-9 forin) . qect"Cui "111011ati011 frultl Board or rise Underwriters.11 " Sworn Statemetit frottilpluniber certifyillp .Less thati 2/10 of 12 lead. , that tile solder used it, system coritairs 5. Commercial buildin industrial builditigo multiple residences and similar builtijags n certificate and flistallations Of Code Compliance from architect or engineer respollsible for* the boildia.. I 6. Submit riannitig Board App,rovn'L of (-OlTleted site plan requirements. r (prior to April. 9, 1957) larld uses: non-conforming uses, or buildingg and 1 . Accurate survey of propel,"t y s1lilk,1'09 all property lilies, -streets, building;till is-s-t-tSiT-tiaturni or topograpilic featul. , and es. 2. A properly completed n1U!jJ-c, jon nitd a consent to 311siert signed by the ;111plicarlt. If a Certificate of Ot- U 'r, (jell,eK, s "' - al f 1: le BUildifig Inspector shall state the re therefor it, writing to t1u, t�Ilftl I I�111".1�- , yplicant. C. rees Ccutificate or ot-c,,j);.,,,cy dwelling $25.00, swintiniiig pool, $25.00, Accessory building Alterations to ( if c1w`,11iuf,' $25-00, Additions to dwelling $25 .00, Additions to -Icr-essory builditip, $25.00. $2.5.00, 2. CertificaLe of L Businesses $50.00. OcctJI)Af'cY Oil Y e u3Copy of Certif $jDO.0O 'rateofOcc"P 4' UP(latet' CertifICRtR Of OCCjjpatlCy $50.00 5. Temporary Certificate of Occupancy - Residential $15.00., Commercial $15.00' Date e2� 14aw ConstrUCtioll. . . . .. . . . . . Old Or Pre-existill .. . . . . . . . . .. . . . . ... . . . . . . . gBuilding. . . . . . . . . . . . . . . .. Locati(itl Of Property. 1 0 V?�le�� 00 HOUs; No, . . . .. . ..5�4,?�444/090 Street Hamlet . . . . . Onwer or Owners tj Property. ('utility Tax Flap No 1000, Secti(otl. . . .al'./ . . . . .Block. . . . . . . . . . . . . /.Lot. . . . . ... . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Fi I e(I i,1:11). . . . . . . . . . . .Lot :11-rM it "10. . .. . . . . . . . . . . . .Date or Permit. . . . Appl juziilt 11"alt1l Dept. Approval. . . . . . . . . . . . . . . . . . . . . . . . . .Underwriters Approval. . . . . . . . . . . . . . . 1a1,11111119 Board Approval IUquest for., Temporary Certificate. . . . . . . . . . . Final Certicate. . . . . . . . . . . ce Submitted: . . ... . . . . . . . . . . . . . . . . . . . .. . . . ... .... . . . . . . . . . . . . . c O' •1 L'+ INSPECTION 6X A14S" the undersigned, Owner(s) Name(s) do(es) hereby state: That the undersigned (is) (are) the owner(s) of the premises in the Town of Southold located at -which is shown and designated on the Suffolk County tax map as District 1000, Section, Block f Lot That the undersigned (has) (have) filed, or caused to be filed, an applica- tion in the Southold Town Building Inspector's Office for the following: That the undersigned do(es) hereby give consent to the Building Inspectors of the Town of Southold to enter upon the above described property, including any and all buildings located thereon, to conduct such inspections as they may deem necessary with respect to the aforesaid application, including inspections to determine that said premises comply with all-of the lags, ordinances, rules and regulations of the Town of Southold. The undersigned, in consenting to such unspections, do(es) so with the knowledge and understanding that any information obtained in the conduct of such inspections may be used as evidence in subsequent prosecutions for vio- lations of the laws, ordinances, rules or regulations of the To n of Southold. G � Dated: s n u e) (print name) L DIMAGGIO $ N.M0 E. 23.0 N 2.5 I � d jj MAP OF: P{,�-)PEQ.7 P ~uRVEYEr.w w_ FC`.. FFJ I IP r2-ffw k � p o I _$AT._ � ... I , IR wU'rHOt.0 Td�vJAl�7r car ••�{��• .i.% !:':✓ Z , I LL O 2 Lo i" I p I 1 i .I p � emtn«wwru�vwsaa«�w 1 mm d 6 u�kam hvWr Y . rmemmaW'�mr^ � I � I LL w en i� I S raY CONCRETE St.PG. N p .1-16 SUFFOLlC CO.TAX MAP pATA:IODQ-061 ...�. C � � ! 2 STORY sock BIOG. d z i } C' 1 ATE fi. �M-Lo'b!q IL L , ... ySigN CMS F�',✓2 J ALE 1'' '��J#4 eAY ASMACI. « N A_ ,9IL Y Ro Alrry r l` T Y� ALcovr 5.61�00 W. 25l57 187-6i WCWWITEI AvE. MAIN 20AD Short EAF O Sdny- _ch X I OF So ,M=• "k4Vebv�. X 24 - X 4 reu ec§s -Sc X o� FFM4 Flood MaPService Cer X + — O X -- mse.tema.govtaortai/search hR DYNAMIC MAP MAP IMAGE Changes to this FIRM v_ Revisions(l) Amendments(S) DoWNW&L, NLa r.[arr rx.+v rnwee Revalidations(l) You can choose a new;oodmap or move the location pin by selecting a Qerent location on the locator mop below or by entering a Go To NFHL 4riewer u new location in the search field above.a may take a minute or more during peak hours to generate a dynamic Flwette. wva F# o z3fliFt . �. F3—' _ aSiema�MCiun¢f1aN Xamn.MuFla±szS# F4 «�� dpwupmp aer.p +� .,�' -_ Wpe�uuxnane toot Nrtnmi< �-® i++ec�?. :. rea �tlunmx po-e �e s.e �R�{FFt pm f w�1lemUs.a� �€��:.:# fi.s =smv wmia 6fbM Po{4 Eeew 4QiFRF[� -•bae�wt Harr,er4eme geegr =tom �3+L`a,te�ea taexeiee+.. STRNCNRES i��le+ae Cun oeidaane & RFF'iASm.. iSt^s'_. _ :Fffa p Type here to search FEMA flood map (screen shot taken May 5,2024) based on address search. Subject property,53795 Main Road is not located in a flood zone(its classified as X zone) 617.20 Appendix B Short Environmental Assessment Form Instructions for Comolggn Not Applicable Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Informatiionw _mwww__._..........._........._.w ......... Name of Action or Project: Jewell on Main, LLC Project Location(describe,and attach a location map): 53795 Main Road (aka 53801), Southold NY 11971 SCTM: 1000-1-16 Brief Description of Proposed Action: There are no proposed changes. Name of Applicant or Sponsor: Telephone: 631-948-0234 ._._..._...�w Joan H. Bischoff van Heemskerc E-Mail: ._. ................. Joan JBischoffLaw.com Address: 7160 Horton's Lane City/PO: I State: Zip Code: Southold NY 11971 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? .125 acres b.Total acreage to be physically disturbed? __Q_Q acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? .125 acres 4. Check all land uses that occur on,adjoining and near the proposed action. X Urban ❑Rural(non-agriculture) ❑Industrial t 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? X b.Consistent with the adopted comprehensive plan? X .....................wwwwww_ _ _ _w........ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water:........... X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? - X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: �. 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland 1 Urban 0 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, X a,Will storm water discharges flow to adjacent properties? ❑NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? X If Yes,explain purpose and size: w 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO 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 w TIN PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: , .............._........_....._w__......................... _. Date: 2 y 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? X 2. Will the proposed action result in a change in the use or intensity of use of land? X 3. Will the proposed action impair the character or quality of the existing community? X 4. Will the proposed action have an impact on the environmental characteristics that caused the X 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? X 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate X reasonably available energy conservation or renewable ener o�rtunities? 7. Will the proposed action impact existing: a.public/private water supplies? X b.public/private wastewater treatment utilities? X 8. Will the proposed action impair the character or quality of important historic,archaeological, X architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, X waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 ....... ........... No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage X problems? 11. Will the proposed action create a hazard to environmental resources or human health? X Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. EX 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 LLC Paperwork And Deed STATE OF NEW YORK DEPARTMENT OF STATE Certificate of Status I,ROBERT J.RODRIGUEZ, Secretary of State of the State of New York and custodian of the records required by law to be filed in my office, do hereby certify that upon a diligent examination of the records of the Department of State, as of the date and time of this certificate,the following entity information is reflected: Entity Name: JEWELL ON MAIN LLC DOS ID Number: 6461388 Entity Type: DOMESTIC LIMITED LIABILITY COMPANY Entity Status: EXISTING Date of Initial Filing with DOS: 04/19/2022 Statement Status: CURRENT Statement Due Date: 04/30/2024 No information is available from this office regarding the financial condition,business activity or practices of this entity. * * WITNESS my hand and official seal of the Department of State, 00000 OF NEB 0000 at the City of Albany,on April 19,2022 at 12:55 P.M. 0* w *0 ROBERT J.RODRIGUEZ,Secretary of State « CIrj 0 • • �+ � •a * , �'' ' • •0. •' 0 ENT 0 0 • By Brendan C.Hughes .r 0 i!••,0+► Executive Deputy Secretary of State Authentication Number. 100001420253 To Verify the authenticity of this document you may access the Division of Corporation's Document Authentication Website at b#pm: TM AD mty NEW YORK STATE DEPARTMENT OF STATE DIVISION OF CORPORATIONS, STATE RECORDS AND UNIFORM COMMERCIAL CODE FILING RECEIPT ENTITY NAME : JEWELL ON MAIN LLC DOCUMENT TYPE : ARTICLES OF ORGANIZATION ENTITY TYPE : DOMESTIC LIMITED LIABILITY COMPANY es •00 pF NEB,. 0.• DOS ID : 646138800 FILE DATE : 04/19/2022 :* k FILE NUMBER: 220419001520 0 TRANSACTION NUMBER: 202204190001635-820577 , EXISTENCE DATE : 04/19/2022 ; DURATION/DISSOLUTION: PERPETUAL , V06 • COUNTY: SUFFOLK ° • •.41 NT �•••• • 000 SERVICE OF PROCESS ADDRESS : BISCHOFF LAW PLLC 7160 HORTONS LANE, SOUTHOLD,NY, 11971,USA REGISTERED AGENT : BISCHOFF LAW PLLC 7160 HORTONS LANE, SOUTHOLD,NY, 11971,USA FILER: JOAN BISCHOFF VAN HEEMSKERCK 7160 HORTONS LANE, SOUTHOLD,NY, 11971,USA You may verfay this document online at: 17tt 11 cor dov. t� o AUTHENTICATION NUMBER: 100001420254 TOTAL FEES: $240.00 TOTAL PAYMENTS RECEIVED: $240.00 FILING FEE: $200.00 CASH: $0.00 CERTIFICATE OF STATUS: $25.00 CHECK/MONEY ORDER: $0.00 CERTIFIED COPY: $10.00 CREDIT CARD: $240.00 COPY REQUEST: $5.00 DRAWDOWN ACCOUNT: $0.00 EXPEDITED HANDLING: $0.00 REFUND DUE: $0.00 STATE OF NEW YORK DEPARTMENT OF STATE I hereby certify that the annexed copy for JEWELL ON MAIN LLC, File Number 220419001520 has been compared with the original document in the custody of the Secretary of State and that the same is true copy of said original. WITNESS my hand and official seal of the ••*••••••***• Department of State, at the City of Albany, **0 *0 pF NEW�000 on April 19, 2022. • Y f 4n y. * • • • • • * • • •` � ,�, Brendan C. Hughes ANT * ••***•••***** Executive Deputy Secretary of State Authentication Number. 100001420255 To Verify the authenticity of this document you may access the Division of Corporation's Document Authentication Website at p ttt y ARTICLES OF ORGANIZATION OF JEWELL ON MAIN LLC Under Section 203 of the Limited Liability Company Law FIRST: The Name of the limited liability company is:JEWELL ON MAIN LLC SECOND: To engage in any lawful act or activity within the purposes for which limited liability companies may be organized pursuant to Lnnited 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: BISCHOFF LAW PLLC 7160 HORTONS LANE SOUTHOLD, NY 11971 FIFTH: The limited liability company designates the following as its registered agent upon whom process against it may be served within the State of New York is: BISCHOFF LAW PLLC 7160 HORTONS LANE SOUTHOLD, NY 11971 SIXTH: The limited liability company is to be managed by: One or more members SEVENTH: The existence of the limited liability company shall begin upon filing of these Articles of Organization with the Department of State. EIGHTH: The limited liability company shall have a perpetual existence. NINTH: The limited liability company shall defend, indemnify and hold harmless all members, managers, and former members and managers of the limited liability company against expenses (including attorney's fees, judgments, fines, and Filed with the NYS Department of State on 04/19/2022 Filing Number:220419001520 DOS ID:6461388 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, execrators, and the administrators of any such person. I certify that I have read the above statements, I am authorized to sign these Articles of Organization, that the above statements are true and correct to the best of my knowledge and belief and that my signature typed below constitutes my signature. JOAN BISCHOFF VAN HEEMSKERCK (Signature) JOAN BISCHOFF VAN HEEMSKERCK, ORGANIZER 7160 HORTONS LANE SOUTHOLD, NY 11971 Filed by: JOAN BISCHOFF VAN HEEMSKERCK 7160 HORTONS LANE SOUTHOLD, NY 11971 Filed with the NYS Department of State on 04/19/2022 Filing Number:220419001520 DOS ID:6461388 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 12/29/2022 Number of Pages: 4 At: 03:29:47 PM Receipt Number : 22--0172560 TRANSFER TAX NUMBER: 22-12971 LIBER: D00013193 PAGE: 523 District: Section: Block: Lot: 1000 061.00 01.00 016.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $795,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $250.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $200.00 NO Transfer tax $0.00 NO Comm.Pre s $12,900.00 NO Fees Paid $13,420.00 TRANSFER TAX NUMBER: 22-12971 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County ` 2 RECORDED 2D22 Dec 29 03:29:47 Ph1 JUDITH R. PASCALE Number of pages m CLERK OF SUFFOLK COUNTY L D00013183 525 This document will be public P DTA 22-1212971 record.Please remove all Social Security Numbers prior to recording. Deed/Mortgagelnstrument Deed/Mortgage Tax Stamp Recording/FllingStamps 3 FEES Page/FIIIng Fee �� MortgageAmt. _� ` 1.BaslcTax Handling 2M 00 1 2. Additional Tax Sub Total TP-5B4 . SpecJAsslt. Notation or EA-5217(County) �. ,, Sub Total Spec/Add. _ TOT.MTG.TAX EA-5217(State) _ Dual Tov Dual County R.P.T.S.A. Held ZforApp intment Comm.of Ed. oCl TransfexAffidavit �____ Manslo Certified Co The propehy covered by this mortgage Is Copy or will be Improved by a one or two NYS Surcharge 15. 00 - family dwelling only. SubTotal YES or NO OtherGrand Total,. _ If NO,see appropriate tax clause on page 6 ' of this Instrum t 4 Dlst 22047418 l000 o6ioo oloo 016000 p tjg 5 Community Preservation Fund Real Property' p T I�IIW Consideration Amount$ Tax Service R CGR A CPF Tax Due $ ASlcy . t -LIC-2 Vetificatlon Improved'„ 6 Satlsfactlons/OlschargesIReleasts Ust Property Owners Mailing Address RECORD.&RETURN TO. nn Vacant Land i.sGi[.� L,Rw /LLB TD 7/(o O .rHo,7tn" 1 4,ue- TD S l', IJ7 11571 TD Mall to:Judith A.Pascale,Suffolk County Clerk 7 11 le Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name Www.suffolkcountyny.gov/clerk Tilde# 8 Suffolk CountRecord.in & Endorsement Pa e This page forms part of the attached made by; (SPECIFYTYPE OF INSTRUMENT) LL L The premises herein Is situated In SUFFOLK COUNTY,NEW YORK. TO In the TOWN of �w DrJ M/� �-LC, In the VILLAGE or HAMLET of BOXES 6 THRU B MU5T BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over Standard N.Y.B.T.U.Form 8002-Bargain and Sale Deed,with Covenant against Grantor's Ads—Uniform Acknowledgment Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the_S"—day of August,2022 BETWEEN Gib FHV,LLC,a New York limited liability company with offices at 2315 Pine Tree Road, 4006; Cutchogue,New York 11935,party of the first part;and JEWELL ON MAIN LLC,a New York limited liability company with offices at 7160 Hortons Lane, Southold,New York 11971,party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten and 001100—($10.00)—Dollars,and other good and valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being at Southold,Town of Southold,County of Suffolk and State of New York,bounded and described on Schedule'A'attached hereto and made a part hereof. (See attached Schedule"A") Being and intended to be the same premises described in a deed made by 53795 Southold Properties, LLC and recorded January 18,2019,in Liber 12997,at Page 511. Said premises being known as 53795 Main Road,Southold, New York 11971 SCTM#:1000-061.00-01.00-016.000 TOGETHER with all right,title and interest,if any,Of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof,TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. ' TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and Will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.The word"party"shall be construed as if it read"parties'whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the and year first above written. IN PRESENCE OF: F' ~ -- - .-' �... By= Char es V.Salice, Managing Member Ra/deeft vBisehoff2022 FIDIELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO.7404-013820 SCHEDULE A-1 (Description of the Land) For Tax Map ID(s): 1000-061.00.01.00-016.000 q ALL that certain plot,place or parcel of land,situate,lying and being at Southold,Town of Southold,County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the northerly side of Main Road where the same is intersected by the westerly side of land now or formerly of K.J.Pylko,now or formerly of Dobi Inc.,which point is distant 187.07 feet westerly from the corner formed by the intersection of the northerly side of Main Road with the westerly side of Beckwith Avenue; RUNNING THENCE along the northerly side of Main Road,south 61 degrees 00 minutes west 29.57 feet to land now or formerly of H.D.N.Karsten,now or formerly of The Southold Free Library; THENCE along said land,north 27 degrees 50 minutes west 153 feet and north 62 degrees 10 minutes east 23 feet to said land now or formerly of Pylko,now or formerly of Dobi Inc.; THENCE along said land south 31 degrees 15 minutes east 110.10 feet and south 27 degrees 50 minutes east 42.50 feet to the northerly side of Main Road at the point or place of BEGINNING. TOGETHER with and subject to a Right of Way as set forth in Liber 3914 Page 385 and Liber 5948 Page 111. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY: Together with all the right,title and interest of the party of the first part,of in and to the land lying in the street in front of and adjoining said premises. END OF SCHEDULE A Commitment for Title MUM co Printee 05.03.22Q09.53AM scheduleA-1 Deecd NY-FT-FRYH-01030-4 ptlon 31W"PS-1-22-7404-013620 Y a • ° y 9E USED ONLY WHEN THE ACKNOW M ew Y rta STAT State or New York,County of Suffolk,SS: State of New York,County of Suffolk,ss: On the a day of August,in the year 2022 On the day of in the year before me,the undersigned,personally appeared before me.the undersigned,personally appeared CHARLES V. SAUCE personally known to me or proved to me on the basis of personalty known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is satisfactory evidence to be the Indivldual(s)whose name(s)is (are)subscribed to the within instrument and acknowledged to (are)subscribed to the within instrument and acknowledged to me that halsholthey executed the same in hislherAheir me that he/shelthey executed the same in his/herAheir cap ,es)y and that by hlsRterltheir signature(s) on the capacity(es), and that by his/her/their signature(s) on the tneltThTRorlt a Indtvfdual(s),or the person upon behalf of which instrument,the individual(s),or the person upon behalf of which I he l sl(s)a t Instrument. the individual(s)acted,executed the instrument. w slgn re and (signatte and office of individual taking acknowledgment) No Fublic Ew PUBLIC, LIC STATE s4 Yt7Rlc Notary Public to TO BE USED ONLY WHEN THE ACKNOWLE O State(or District of Columbia,Territory,or Foreign Country)of County of ss; On the day of in the year ,before me,the undersigned,personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individuals)whose name(s) is(are) subscribed to the within instrument and acknowledged to me that heishetthey executed the same in hisAnerAheir capacity(iies),and that by htslher/thelr slgnature(s)on the instrument,the Wividual(s),or the person upon behalf of which the individuals)acted, executed the instrument,and that such individual made such appearance before the undersigned In the In (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgement) Notary Public BARGAIN AND SALE DEED SECTION 061.00 WITH COVENANT AGAINST GRANTOR'$ACTS BLOCK 01.00 Title No. LOT 016.000 FW,,LLC DISTRICT 1000 TO JEWELL ON MAIN LLC STANDARD FORM OF NEW YORK BOAR of TITLE UNDERWRITERS mm A INSMLICTIONS(iWM17-PDF4NS):www4rp SlMnYAs f 0RCOUNrYUSEONLYL NOW York� of c J -905Code I LE-7, 4�'07 I Ta�xedon and Finance C2.Dale Dud Rmewded 17- 0moe of Red Pmperly Tax 0" RP-5217-PDF CS.Dook C4.Pogo Rul Pm Wry Transfer Ram(81`10) PR0 mi AOMf I I-PmPNW 53795 Ma-n Road Southold Southold 1?471 .cn*a mar •tvras sir Jewell on Main LLC Nrm uWre •merrals 1Yar'aenrKOAW#W rmiY rNMrW 7.T" hAo"0640 fuhn ft®b on to Im mrm S" Wo"WombWeominowAddroW � rw� uwxv rYRWn'MartMr MrafW"aWWieMdlaWlANwd G"nYr9m1I 8A16 Tr CMF MI. tpa ofAsommmal ❑ d PafmPamd IDnfyITPWatMWPWau1y0'AodrOsaaory MtaB ed s6 W mIWWd - Il d praela OR k lobroft Road w4h M 4m EAde Loved S OR 0.12 8 � �F, r 'gym -moo1L 4Sub"0odAapmmlwooRagmmdfrT.rater ❑ he 40 ParmlAomwollm Sadomomofthlo PtoWded ❑ riY, LLC L s.a.r .'w,AVACCG~ m„a„q Neeu .Mr mw z.-s Ir W K Wf -7.GGIMIM doomil tbn W hIgh=a urseWMy Oemrlbn dw Chock the bow belme m oily awr. ,. UmW Mau pvPwW at the ON of"I m L OWWOHO ran Is GwdMtnk l ❑ P.Commercial LNewCommbucbmoneVwwlKomi ❑ IDA.PMWV LOCAlaftft Mw p iDB 1 r WodanaWhw'nmmdaMr CMWgMapmpntyhaon ❑ r4armrasWMamWmW WM bWff A.Sa at Favor 77.sob Commol Dar 04/20/2022 IL Sob bohnel ROW Cdltsrdw drPmAnwallLooms. C..omdaneBuymmadeaa SOW a1,y VoM,0jk 08/05/2022 D BuMrgdwkGewmm dAgw orLwdrfgbWulon E.Dud Type mat VAmrmlyr erpun Ord Soo(8pedy Bekrml F.Seie of FmdW W or Lou Mm Fm hdMnal(8poolk Bohm) •1i Fro 4IW Prim 795,ODD,00 f.6,0IWerd Chrge Yr Pmprly Baeun Taeahla Cups and 6e10 Depw It helm of MoInom Is hWuded In Selo Pen Q Fre$da PALM to ow 0m1.+mad low 1w mw proprgr Anduan0 PAW p wooly I.other UnLm W FmMm AlToWns SO Prime(Spo ft6olo m) This prim"auybaIn0WImmd Omsk adman wpwdr,rVm and J.Nmm rmwmWcow )A""ftwww dw"~W"dolwomtom, dill, Can�loee 7L hldkde srnlwa4 penrld popery hwhded In do Oslo A) O—d—tr*"=FbW AlmsmW0W 1L Twat Aemonowni WfmmmddehhftmudomWon"22 11T.TbLIAememmdVdus 5,60D 'iLPmpwWCbm 481 _ __,- -1* ►17W5-Southold 90.nm Ny MOMMINOPW Ohl(1f mw Ihan bwa mmoh ehomw o, *Mkm.I Wwaft") 1COD-Ob1.00-OS.CO-015.000 Iowavows"ordak puW nma{oft ft"we hum mdmoRoOwbodafmy ad mod Ia 1'heWamtm hngofammEM kwa radrwmrd' Nero., Nptdmk laft In"IngonditvOw" L.. � ..,.,��. We,w wWaaWlydre. .wkde.WagMWb �x�.oay un4FOs+mdeaOsrn mWsrr x"""`"""x. WnrMW'Wb'amIMWAdMrdmfWmlm wAamagr,tom WWamlMmwammm bhnattiladWn emmm� ambmeam MarelWlmmm rePrmq m■mww eumbe wme6 Typ w'Fina eawy.l apW:.i1PrWK�• � Bischoff Joan 'user rsr rrL Yrtx.x.xxxxxx....x...x.+x.+..x. '1111.17tQL141Q\Ira�m a>e IWO •WAINSLLNwikFNWr "WAmIP§FJmY„. Bischoff Joan "who "mow 631 948-0234 sa�mc wWl armwwa Transactional Disclosure APPLICANUOWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on thepa 2ftognofter.art _s and employees.The Purpose o this forin is to vrovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessar,y to avoid same. YOUR NAME: Jewell on Main, LLC c/o Joan Bischoff van Heemskerck (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) lqtffprq1ation 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 X 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 Nicholas J. Planamento Title or position of that person Member, Zoning Board of Appeals 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) X 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 Nicholas is 50% owner, along with myself, of Jewell on Main LLC a Iq 01fl- Submitted this d of APIA�,20 Signature cc Print Name I,t Site Photos SITE PHOTOS JEWELL ON MAIN L.L.0 53795 MAID ROAD, SOUTHOLD NY SCTM: 1000-61-1-°16 �I a y� yr i i t e p f� 53795 Main Road (SR25) Southold NY front facade taken August 8, 2023 Im M �1E w S� �j, r f Western facade and rear of building µjI r �iii o,. J a a,. 1r � a� i Shop entry, taken October 24, 2022 f ,oi��j p�i ,�i�✓/r�Gr�q�fr��i� "M��Ya��j� Retail entry, taken Fall 2023 I� rn nrA"aM„. Retail space, taken Fall 2021 nil ll9 III , I y f yid ii Retail space with `vault'visible, taken Fall 2021 r M Mi 0 / I!j i Retail space, taken Fall 2021 ; Retail space, taken Fall 2021 y .. I yi o� �e �fr, x'r I��I�°vtrl��ul��i✓. e��wJrT�y ii r �o�ii l b fill ul�d�///r�y0 1 1' I rr raTA, ' 2"d Floor Apartment entry (street level) f rr Apartment entry 1 / iU r i I 1 ; , J � y �j �J Living Space o y r Living Space 9u E r r "aIW� 2µ ra Kitchen (refrigerator to the right of doorway) � Jilr li,: Vmrs".�l�ro 4lkj�ir 1 r a i Kitchen V ! I 1 � u I r r ii �1vrr/fig%' Y Bathroom d, l r , M ' i j! V , o i 1 / i r T r 1, Bathroom ias i a a a i Bedroom #1 G r fir; Bedroom #2 r i 9u ¢Y m,�dLr✓✓Nl` IV°W J��? �q m '�A f/ �' �ry ��. i�Y �M i�Ill ( I � ��/r�>%�fr�I itr '�i a "� ✓� ��l��fJi°' Back lot/parking, October 2023 (both images) / rid ISMIC FZM 6h�ad"i ^ «»a r m+✓a�' ,r�r� �% � � "" „ ,,, � Survey & Floor Plans Town Assessor 's Property Card B *111 & Tax NOTE: Classification Code#481 (see NYS Dept of Taxation & Finance definition) a t TOWN OF SOUTHOLD PROPERTY ERT RECORD ` 5l/,4-?,3 z OWNER STREET VILLAGE DIET SUB, LOT FORMER f FORMER O NER, N ACR. G�1' - _ W TYPE OF BUILDING ;- x � I RES. SEAS. VL. FARM C CB. MISC. 'Mkt. Value - t, _ � LAND IMP. TOTAL DATE REMARKS s f /b r _ , L 'I . AGE BUILDING CONDITION -r01111 - 4 NEW NORMAL BELOW ABOVE I t , 2 , FARM Acre Value Per Value — Tillable I Tillable 2 _ e_� - t��c . Tillable 3 i Woodland 3 Swampland FRONTAGE ON WATER R Brushland FRONTAGE ON ROAD House Plot DEPTH , - -r i BULKHEAD Total 1DOCK � N Ava Me a COLOR s � 1 � 4 = TRIM I , 3 1 i , 1.4-16 316/2021 1 1 M. Bldg. 4 Foundation , Bath _ "l,,, Dinette Extension Basement -' Floors - � K. Extension Ext. Walls Interior Finish Extension Fire Place V 0 Heat 0 O L f, 3 DR. 3 a Type Roof = I Rooms lst Floor ( BR. Porch 1 Recreation Roo Rooms 2nd FloorFIN. B. Porch IDormer ; Breezeway _ ; Driveway 3 Garageh D Qn- Putio i i O. B. 3 Total i 1 ` °. e A .,'M x{{ $ .- 7t€kr - ., .. :r€e ==aecnc _ X + m { .. _ 1 Pam • a�errg?" 0 a bie;,ny,g�+r`.e.,•�chf�-n�L`jt�;s�n.,-ran„ai�i:,r�,_s-Fur-c r�_ei=1 r Services News Government • s . . . . ..- .. .. Search Tax Q Property tax and assessment Property type classification codes administration New YokState developed property class codes to proylde a statewide uniform clessillcation system for assessment adminlstration.Assessors assign a'wde to each property Assessment administration on an.assess`merit roll: Assessment community login The property class code should not directly Impact the amount of your assessment;however,If you disagree with the code assigned to your property,you may wish to contact your assessor. Forms and publications Note:Some municipalities may use their own coding scheme,in addition to the codes below,to Indicate aspects that go beyond the New York State codes.If so,inquire with Municipal Profiles the local assessor to verify their code definitions. Data,rates,ratios,and values . How to Locate the proper prop> �y2e classification code . t 00—Community services Equalization rates&information 100—A9 crl ultural • 700—Industrial • 200—Residential . 800—Public Services Exemption administration . 300—Vacant land . 900—Wlld or s e ,conservation lands and uo blic Parks Legal Information v • 400—Commercial . Ownership and waterfront codes • 500—Recreation and entertainment Property tax and assessment news New York State's property tax cap How to locate the proper property type classification code RP-5217/Sales reporting Top PLPagg Valuation tools&information There are nine categories of property class codes: 0 Type here to search s• rw X F. s X 1 v= n;r _'vs asvper X -4 ProAt*{vbx c9assifxativn cvd< X - }- a x M.. 465 Pmfesslonal building 470 Miscellaneous services 471 Funeral homes 472 Dog kennels,veterinary clinics 473 :Greenhouses 474 Billboards 475 Junkyards 480 Multiple use or multi-purpose A building readily adaptable,with little physical change,for more than one use or purpose. 4$1 Downtown row type(with Usually a two or three story older structure with retail sales/services on the first floor common wall) and offices and/or apartments on the upper floors;little or no on-site parking. 482 Downtown row type i The same type of use as in code 481.above,but this is a separate structure without ' (deta _. ) party walls. A building usually located in a residential area,which has been partially converted or 483 Converted residence adapted for office space(e.g.,a doctor's or dentist's office with an apartment upstairs). 484 :One story small structure Usually a modem,one occupant,building adaptable for several uses(e.g.,retail clothing store,small office,warehouse,pet shop,etc.). 485 One story small structure- Usually partitioned for two or more occupants,such as a liquor store,drug store,and a multi occupant laundromat;limited parking on site. 486 Minimart Combination snack bar,market and gas station. Top of Page f 500—Recreation and entertainment Code'Type Description Type here to search E ADDRESS: 9I70WDq 01F SOUTHOID OFFICE HOURS&PHONE S 0"P,C 'F� 53095 ROUTE 26-P.O.BOX 1409 CONSOIL1r)ANTED REA1,PROPERTY TAX 1311.1- XON.FM 9:00 AM TO 4:00 PM SOVI'ROLD,NY 1:9971.04" I)RCKIBRER L 202S•NOVEMBER 30,2024-TAXES BECOME A LIEN 1,B023 631-7634.4403 IIAX-631-765,5180 473889 61.-1-16 610 08 7060 481 1 ATT ROW BLDG .......... JEWELL ON MAIN LLC 12/05 2023 7160 HORTONS IN SOUTHOLD, NY 11971 EWELL ON MAIN LLC lst Half 7061 $4,023.60 01/26/2023 2nd Half 7061 $4,023.61 05/30/2023ASS 4,600 0.57% 807,018 C WHICH ID, Efil'ii�- SOUTHOLD SCHOOL 64.54% 4,600 948.492 2.90% 4,363.06 SOUTHOLD LIBRARY 2.539 4,600 37.229 2.40% 171.25 67.07 4,53431 SUFFOLK COUNTY TAX 1.90% 4,600 27,901 0.00% 128.34 SC COMMUNITY COLLEGE O,13% 4,600 1.959 0.00% 9.01 ......... L 2.03% 0 r 137.35 SOUTHOLD TOWN TAX 23.81% 4,600 �349.937 1 3.40% 1,609.71 111i'll Milli; 23.81% 0 MTA PAYROLL TAX 0.05% 4,600 0.675 5.600 3.11 OUT OF CTY SCCC 0.05% 4,600 0.701 -16.50% 3.22 NYS REAL PROP TAXLAW 0.10% 4,600 1.511 -76.100 6.95 SOUTHOLD ED 4.54% 4,600 66.674 -0.30% 306.70 SOUTHOLD PARK 1.34% 4,600 19.642 2.00% 90.35 SOLID WASTE DISTRICT 1,020 4,600 14.928 -24.10% 68.67 7.10% 409 0 0 FIRST HALF TAX 3801�. �S.Ec N D t 17A L F TAX TOTAL TAX LEVY ljo .....56.760.31.7.- 2023 PAYABLE WHOUT PENALTY TO JAN ID,2M ow=�=[PAYABLE W94"TPekdB:1y10vAv311W4 SEERCIVERSO SEEP��tI� T��M�CIKE UIE VVEFORPONAL Y SCROME MD COUNTY CMPTAOLLFSS IQIL0f THIS TAX MAY BE PAID IN ONE OR TWO INSTALLMENTS SECOND HALF-SOUTHOLD TAX LEVY-2023-2024 SUFFOLK COUNTY TAX MAP NUMBER DETACH STUB AND RETURN WITH SECOND HALF PAYMENT-RETURN BOTH STUBS FOR PAYMENT OF TOTAL TAX,MAKE CHECK PAYABLE TO:KELLY J.FOGARTY, 473689 61-1-16 RECEIVER OF TAXES AND WRITE BILL NO.AND TAX MAP NO.ON FACE OF THE CHECK. lig Lj ASSESSED [j OTHER 019 PAID BY: $3,380.1 7060 ❑CHECK HERE IF YOU WANT A RECEIPT JEWELL ON MAIN LLC The following bank branches located within the Town of Southold accept payments during regular business hours:M&T Bank branches in Cutchogue and Greenport. 473889000000061XZ1Z16007060230000000000338019006760375 FIRST HALF-SOUTHOLD TAX LEVY-2023-2024 SUFFOLK COUNTY TAX MAP NUMBER DETACH STUB FOR FIRST HALF PAYMENT-RETURN BOTH STUBS FOR 473889 61.-1-16 PAYMENT OF TOTAL TAX,MAKE CHECK PAYABLE TO9 KELLY J.FOGARTY, RECEIVER OF TAXES AND WRITE BILL NO.AND TAX MAP NO.ON FACE OF THE CHECK. AMOf,0047 LILAC BILL O. _PAID.BY: L] ASSESSED 0 OTHER (3 CHECK HERE IF YOU WANT A RECEIPT JEWELL ON MAIN LLC $6,760.37 The following bank branches located within the Town of Southold accept payments during regular business hours:M&T Bank branches in Cutchogue and Greenport. 473889000000061XZlZl 6007060230033801800000000006760370 S U o rt 10 ng Documentat 'i' oln0. Historic Images, Letters of Testimony SPLIA Record Maps Advertisements Etc . POLICE TOWN OF SOUTHOLD POLIO DEPARTMENT � 41405 State Route 25, PO Box 911, Peconic NY 11958 (631) 765-2600 • Fax(631) 765-2715 Martin Flatley Chief of Police April 10"i,2024 Nicholas Planamento 7160 Hortons Lane Southold,NY 11971 To Whom it May Concern, Our department completed a full search for police related events that occurred at 53795 Main Road in Southold and identified sixteen incidents. Our records illustrate residential complaints prior to 1995. Siren rely, 1 in Flatl • Southold lice Chief MF/ns Dariine Duffy #3 Watersedge Way Port Jefferson,STY 11777 631-525-1604 DDuffy2oio@Aol.com Ms.Leslie Kanes Weisman,Chairperson Southold Town Zoning Board of Appeals 53095 Main Road,PO Box 1179 Southold,NY 11971 April 2, 2024 RE: 53795 Malin Road Southold NY—Jewell on Mann LLC Dear Ms.Weisman, I am writing this letter in support of the public hearing to'clarify'the Pre-Certificate of Occupancy on 53795 Main Road,Southold NY(Jewell on Main,LLQ. It is my understanding that the Pre-Certificate of Occupancy is unclear about the use of the second floor of the building and that the applicant seeks clarification for recognition of a pre-existing apartment,not correctly described on the Certificate of Occupancy. As a multiple term former Town of Southold Assessor, I am very familiar with this property and assessed its tax value as a mixed-use commercial property that includes a second-floor apartment. I was in the apartment for professional reasons on various occasions during my terms as an Assessor. Additionally,a personal friend of mine, Ms. MaryAnn Feavel was a tenant in the apartment in the mid 1970's for several years and I often visited her at home. I hope this assists you in recognizing the apartment,feel free to call me should further dialogue be needed. Respectfully submitted, 4/V Darline Duffy VILLAGE OF GR.EENPORT 19r HOUSING AUTHORITY 236 Third Street•Green port,NY 11944 EQUAL NG OPPOR UN TY Phone: (63I 477-239I x 208 • Fax; (/631)477-1877 OPPORTUNITY � l To Whom it May Concern: I am presently the Housing Administrator for the Greenport Village Housing Authority. In the past, via my role assisting with Section 8 housing needs, I have placed RESIDENTIAL tenants in the building known as: 53795 (53801) Main Road, Southold NY 11971 (the second- floor apartment). This apartment met the housing requirements of the Village of Greenport Housing Authority. Thank you for your attention to this matter.. Sincerely, 46etz-� Asha GaRacher Housing Administrator If you or anvone in your fiunilY is a person with disabilities cruel you require a reusonahle acconintodation in order to fidly tailiZe entr progrants or services,please contact i'or hale y our hro.vv cowact)the Housing Authority office. Nicholas Planamento From: Nicholas Planamento Sent: Sunday, February 11,2024 5:16 PM To: Nicholas Planamento Subject: FW:53795 Main Rd Southold Property Attachments: Nick Letter re. 53795 Main Road.pdf To Whom it May Concern: I am presently the Director Greenport Village Housing Authority. In the past,via my role assisting with Section 8 housing needs, I have placed RESIDENTIAL tenants in a building located at 53795(53801) Main Road,Southold NY 11971(second floor apartment). This apartment meets the housing requirements of Village of Greenport Housing Authority. It is my understanding that the second floor apartment has been in use for many, many years and it is registered in this department as a residential rental apartment since prior to my role in the early 1990's. With best regards, Regards, ,+3 fvo,9 xt t o r-Azr Housing Administrator Village of Greenport Housing Authority 236 3rd Street, Greenport, NY 11944 PH: 631-477-2391 x208 Fax: 631-477-1877 a alg lacher9greenportvilla e�.org IMPORTANT NOTICE:This electronic mail message,including any attachments,may contain privileged and confidential information that is intended soley for the use of the individual or entity addressed above. If you are not the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us by email and delete this message and destroy any paper copies. Thank you for your cooperation. From: Nicholas Planamento<NJP tch m ons.com> Sent:Tuesday,January 23, 2024 11:54 AM To:Asha Gallacher<a izalla her re oortyilla e o > Cc: Nicholas Planamento<NJP tcharn,,latons com> Subject:53795 Main Rd Southold Property Asha The address is 53795 main rd southold Here is a foto-note-2nd floor entrance has another number 53801 main rd southold Most appreciated! Ty N 1 // Or y 1 i, i a, 11r//1 i / A Nicholas J. Planamento Licensed Associate Real Estate Broker 19--- 6920 Main Road Mattituck, N.Y., 11952 O 631.298.0600 ext.103 M 631.948.0143 View my Listings View our Market Reports On Jan 23,2024,at 11:24 AM,Asha Galiacher< —gaLLa Ca,gr .q, . +.i.Lt�iga.,.q r >wrote: Regards, A-5A,A.qxt t o rTver Housing Administrator Village of Greenport Housing Authority 236 3'd Street, Greenport, NY 11944 2 PH: 631-477-2391 x208 Fax: 631-477-1877 IMPORTANT NOTICE:This electronic mail message,including any attachments,may contain privileged and confidential information that is intended soley for the use of the individual or entity addressed above. If you are not the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us by email and delete this message and destroy any paper copies. Thank you for your cooperation. Town &Country Real Estate of the East End LLC and Town &Country Real Estate of the North Fork LLC, DBA Town &Country Real Estate is a Licensed Real Estate Broker.Agents affiliated with Town &Country Real Estate are independent contractors, not employees.The information herein is believed to be correct,from reliable sources, but is subject to errors, omissions, changes and or withdrawals without notice.This message contains information which is confidential and privileged. If you are or are not the intended recipient, any use, disclosure, copying, or communication of the contents of this transmission is prohibited. If this message was received in error, please telephone us immediately at 631-324-8080 to inform us of the error and please delete this message from your computer.We apologize for any inconvenience this may cause you and appreciate your cooperation. 3 f t _ UU 4�'C! 4Z2rI 7J*' .fir 9 1920 Sanborn Fire Map of Southold p6 SOUTHOLD LANDMARKS PRESERVATION COMMISSION SD-50 Historic Building/Places Inventory Town; of Southo ,i 54375 Route 25,j P.D. Box 1179 Southold, NY 11971 ame: To-,,m Of soliz J i I Date: 2013 G'r g-=n i-,,a t i on mm2j,gsjon.2_ Lnventoly Upd&te. - 3,A-,ding/Place P�ame/Dare: and Br.1°2.r�'�-'tc�rro 's, jenry 7,hnn, 2, Tax Neap N,i b e i A d,),r e s s 00-A-i Ma,r'n Road 3„ Town of SouLhold ldenti fl cat,,-j oj,, Number: SD-50 4. Current Status of Historic or Kace (s) -, -FXt-anr, 5. Evidence of Structural Modificat-4.1-ons: Z_V_,tre Tnuact 6. Notes: -N/A. Photo oraplain Rone,vA ^4' Historic Build'-Sji)--0rp14 I........................ ........ Front Facade, West Elevation, Northeast View. FOR OFFICE USE ONLY BUILUINC, STRUCTURE INVENTORY FORM SD gip; ', l.;�tC,IUC>Sll'G IJU. lo3rn ' DIVISION' I UIt HISTORK I'0,SERVA IJO r Nh S YORK%'IA'IU P;\R1;'sAM RL`•( RL, i1C7+:: �Il.11'1,"vy,tiL)? 1��7RK I SI wl 47+0479 NW., NO YO R _.._ "�AMF ( � � L�ATt N re�b 1 ?$tri_,. _.. „ YOUR AODRI-.SS Hal , w '�C t TEL.EPHONF- �4-L.:?§� �? ORGANIZATION hold Town Go�rnut�it� i M . . Y M i i Y M ♦ i Y • ► i Y •:+Ir i i Ik Y M i Y . Y .N yk qY+ • • lyN AF IW } IlIi:N 1 11F_II4 fl/1uJN I. Fl( lI,I�Ir�(, tvAVII �� H Jewell butcher shop w ( (°,(twfY � � p 70tl,N,CI`6 h � VILLAGE° � t. S"lIt[1;7 �t} CtaLt4 "� n oif 4, OWN LKSIIIP- a, prihhr� private P_q 'Rl SF"IN OWN F R _ r1I�Lb�tf;SS (� L'SU (,)rrgin alf, � Pro scnI 1C CIISS1 BI 1.1111 TO 'Pl1"BLIc f,trr'r«ar visible fr"(mm prabik nharJa Yet 17X Nrs° f'" Intir`c�r ac,.c Wbl4," Explain DIESCRIP IO t 4, flf ILDINC, �. claphoaid D b, stun_ L..brick 1' d. board and batten 0 kiAJF1'RIAI,-; c" Oihblestcme; f, sftingle l g. Au'c!ar C 7" 01,he'r Rtt('TI,'RAI. J. woud frame with invedo ktnt��,rra(s.� I SYS1I,"NI b wood Frame Witli Irlrhi„"membcr's.LR) rl kn4bvni c. masirl+rj Iraad trrarin�w'r11,a d, metal Crrplainl hair"171 d-Aclrriorared I I. IN I HP'RITY a, grurinal sr'te, i) „b,�;nroanrd C l�� rf so,when' c. Il r�nt��srr alterrrrtxr9 >rd �1a;� trf,kra rwnl� C11" nally a, 1utcher=. � chop, the s builds tag *1 °re-des, k�i, od and remiadeled by George W. Smith circa mid 1g,�0's SD RSA VI- . 12, PIKJf0 from south west ',13. MAP: N.Y.S. DOT Southold Quad Front (south) and .vast elevation 3n1arged �r a P r hd � � r r -Nr i r / ,:--,� SD 5 11, 'I}IRLAT`w -10 BUILDING a,rione known k h. toning 0 c. reads E d. aie%elopem 7 c. detericxratiun E I5 kt-LA Il-D (JI-A 13t;1HANGS AND F"ROPLRI Y: a. barnCD ` b. cwtiage house E2 c. garage L� d,privy e. shed C F. greenhouse 0 gµ shop h. gardens 11 i. landscapo Fe:itureSM _ „..� ...., .. J. elder: ..a,„ �.. lq� Sl.lkR0t.,NDJ%(,S 01 111L BUl1,DJt%,`(; : (check inwe tli2n one if necessary)* a,open land,C_1 b. wo lland c, scattered bwlding5 d.densely built-up 0 e. commercial f 1. indcastriasl D g. residential 11.other., Is, INJI'RRLLA"rioNsiiIP Oi- BUILDING AND SURROUNDINGS: (Indicate if building or structure is in an historic district) In medium density area in the center of historic Southold Town. The Main Road, once the old Kingh Highway, is lined with trees and many interesting old structures. Boma of them for commerotal, use iind some residetntiall surrounded by IN 01AIL_R NOI ABL L`L%'I IYRh^ OF BUILDING AND SITE (ituia°l uH t�i ti � a no 2-story. 2-b ; ,gable rooff gable and to the street. red brick building with modillioned cornice. 6/6 windows. Copper pent roof' o on fagade. SIGNIFICANCE �w . ', remodel 1�+. I5A'TE�1L` I[wiTfAl_-f'(�NSTRUt"CiC)Cs,�„,�t2 . 1710 q��.].g�(} B .�."br r1RE'I111 Lt I B L Il L DL R =U, IIISTCIRICAL ANA) ARCHITECTURAL [MI't}RTA.NCE: Southold's business district dates from, before 1858. Many of the original shops are still standings although often remodeled. This buildIng recalls the prosperous period in the '1930's. In contributes to the ambience of the streetscape. sI. SOURCES: Interview Daniel T. Smith, son of George W. Smith. P October 1986. it :2 1.H1."If v Form prepared by {rosemary Skye Moritt* research assistant." SD 50 Building lame► Henry Jewell butcher shop/ , Edson and Druer, Attorneys Photo by Daniel T. Smith 1986 6 ofB Sngk megc. - ca 9 V C19 n C3 ZO _ cO 470 � 4 4X 4W All uv oxrr�, AA wr 1 ]Q4- 1920 Sanborn Fire Map of Southold p6 -- f Find . Henry LJewett BIRTH 24 Mar 1877 Brooklyn,Kings County, New York,USA DEATH 4 Jun 1953(aged 76) BURIAL Old Burying Ground of First Presbyterian Church Southold,Suffolk County,New York,USA MEMORIAL ID 100128705 Photo added by Joy Ann Strasser Henry L Jewell,for many years one of Southold's leading business men,died on Thursday,June 4th. Mr.Jewell was born in Brooklyn on March 24,1877, the son of the late Mr and Mrs Frank Jewell.He came to Southold with his �r parents when he was two years old. �✓H�7/��, i �r r�r7�rh yr, For years Mr Jewell conducted one of the leading retail meat markets on eastern Long Island.He retired serveral years ago. He was known for his integrity and fairness. He was a member of Protection Engine Company of Added by Joy Ann Strasser the Southold Fire Department. Funeral services were held at the DeFriest Funeral Home on Saturday afternoon with the Rev Clarence H Khein,pastor of the Southold Methodist Church,officiating. Burial was in the Southold Presbyterian Cemetery. He is survived by his widow Mrs Kittie Van Deusen Jewell who he married in 1901,one son, Leslie Jewell and three brothers Mortimer,Spencer and William Jewell. Obit was published in The Watchman on June 11,1953 pl. Family Members Parents Edward Francis Jewell 1845-1929 Find a GRavp.-- Mary Christine ine " i ie" Vandusen ,newel BIRTH 26 May 1879 Southold,Suffolk County,New York,USA DEATH 26 Jan 1970(aged 90) BURIAL Old Burying Ground of First Presbyterian Church d/ayi/ � Southold,Suffolk County,New York,USA MEMORIAL ID 100128678 Photo added by Joy Ann Strasser MRS HENRY L JEWELL 0 Mary Christine"Kitty"Jewell of Beckwith Avenue,Southold passed away at the Eastern Suffolk Nursing Home on January 26,1970 at the age of 90.She was the widow of the late Henry L Jewell,proprietor of the Jewell Meat Market for forty years where the Edson building is now.She was born in Southold on May 26,1879,the daughter of Martin and Mary"Belle"Terry Van Added by Joy Ann Strasser Dusen. Mrs Jewell is a member of the Southold Methodist Church and formerly was quite active in the ladies society. She is survived by a son,Leslie V Jewell of Glen Head LI;two sisters, Harriet Hart of Massapequa, Florence Van Dusen of Larchmont and Southold and a brother Claire Van Dusen of Jacksonville, Fla. Funeral services will be held at the DeFriest Funeral Home on Thursday,January 29 at 2:00 with Rev Ben Burns,pastor of the Southold Methodist Church officiating. Interment was in Presbyterian Cemetery in Southold. Obit published in The Long Island Traveler-Mattituck Watchman on Thurs Jan 29,1970 p5 Family Members 0 Pd n . fironimixuteror— x RM 4k '.g x i�-9eserrno-rt- x -. A � � x : a 1111 � air �. a.nu s�er�,e-x G Ens Ling Wa rrlrr.Mr x r—,r e 4 c-mk- x (j p Ll nyshisiorimewspapers.org;7a-dc,d=l.tmt4410'16-01,1°&o=---.___e,.__ ;,--._________ N, NYS HISTORIC NEWSPAPERS 'h Miliiiiiin dav6ti l�ron•�ensa€A * 'The Long Island Traveler,Mattituck Watchman;18 September 1941 - - - -- - -- - ' The Long Island Traveler,Mattituck Watchman, 18 September 1941 F L-> > i st �r- P Type hereto search. dill 112312124� t A,f _ � s c 0 =E ' NYS HISTORIC NEWSPAPERS Ab.A [an.t.0 -aw - IZZ Vd VAII-C LJ f i�.�Q�;� fit(. NY s OR.0 NNE SC� PERa yto'' L� ",low Sg Z The L-3mil waa2 Y-ate�,r,Ma-.1dC.>£w4' - ma-,3a?te 3i,19.4i.Page 3,1,—,p a .. � iu, 4E ar 'AM .. . ........ f rz e f A w o ✓r � i arm ate, 53795 Main Road (1950's image) Nicholas Planamento From: Amy Folk <a.folk@southoldhistorical.org> Sent: Saturday, May 4, 2024 11:30 AM To: Nicholas Planamento;joan@jbischofflaw.com Subject: Re:23795 Main Rd. Attachments: 1910 census.JPG; 1901 Belcher Hyde.JPG Attached is the 1910 census showing Henry and Katty. I have also attached a bit of the Belcher Hyde 1909 map-your building is the one that has a faint red color(for brick) owned by David T Conklin. -what I am unsure about in the comparison between the census and the map -the census claims there is a grocery store in between the two... It is possible that the grocery shared the building with the bakery(C. Bardoff). I also found some further information in an old reminiscence on some of the buildings of the area. It says the David T Conklin bought the site in 1867 and he put up the brick building in 1876. 1 have not been able to spot the building in any of our old photos. -Amy Amy Folk Manager of Collections Southold Historical Museum Consider becoming a member! On 5/1/2024 4:20 PM, Nicholas PLanamento wrote: Amy WOW!All so interesting... Do you have the possibility to look at the 1920 or 1930 census?Or is that something I need to look via ancestry.com, etc? Thank you in advance, Nick From:Amy Folk<a.folk southoldhistorical.or > Sent:Wednesday, May 1, 2024 4:00 PM To: joan@ibischofflaw.com Cc: Nicholas Planamento <NJP tcham tons.corrr> Subject: Re: 23795 Main Rd. 1 Relation Marit, 0� Statu Birthpaace Fathets birthplace @Noihees Birthplaae � 'Speaks English :.m OF r � = jej /I 3 .,_ ... ...... _ # - m .re a �� _ t, f ( � j x Ali �- . _ ' A I3v it �s• � � �� ' �- - ;Iw 'fM � a —------------- �- 9L 'Ay "I elrl � � v U. !ice l s %...I ciel IA loowovo " O ry �r Oo/ ; o r -' i lei 11001 voMOO 6 r lNrr' l t y n �I U y t 9 nP 6 "'dTl� " 40Wr �� a � irawv-"f>'" � r iW i, ° 1 Ijo 1 'M� 6; jiy� y 16W Orr " �0"J"; w , A, + +J ' 01 INC u � ; y i lilt" r .0i r r a '' ID �r "muy^ Complaint & Building Department Non - Compliance OF44 Town of Southold 3/28/2022 53095 Main Rd " Southold,New York 11971 631-765-1802 u k v� p� y J To: FHV LLC Com laint#: 2021-p 841 PO BOX 1295 SCTM#: 61.-1-16 Cutchogue,NY 11935 Follow-up Inspection Date: 3/29/2021 Q Location: 53795 Route 25 PLEASE TAKE CE NOTICE,a complaint has been registered against the location described above,in that the above named individual(s)did commit or Permit to occur the following offense: as per John's rental inspection on 4/10//19 there is a second floor apartment that is not on the Pre CO This condition constitutes a violation of.- When on 3/15/2021,I did observe the following: This property will be re-inspected for compliance on: 3/29/2021 John Jarski Nicholas Planamento From: Nicholas Planamento Sent: Monday, December 5, 2022 2:30 PM To: Verity, Mike Subject: 53795 Main Road, Southold Hi Mike Just in case we don't talk today... Nigel said he's available to meet with us to go over his plans, etc relative to the conversion of the office on the second floor of 53795 Main Road to a 2 bedroom apartment... Wednesday, December 7, 2022 at 3:30pm I'm hoping this works! Please confirm... Ty N Nicholas J. Planamento Licensed Associate Real Estate Broker Town & Country Real Estate www.nicholasolanarnento.corn North Fork Top Producer 6920 Main Road Mattituck, NY 11952 O 631.298.0600 ext.103 M 631.948.0143 www,TowilAndCount!yHat-notons,com View my Listings View our Market Reports Town&Country Real Estate of the East End LLC and Town&Country Real Estate of the North Fork LLC,DBA Town&Country Real Estate is a Licensed Real Estate Broker.Agents affiliated with Town&Country Real Estate are independent contractors,not employees.The information herein is believed to be correct,from reliable sources,but is subject to errors,omissions,changes and or withdrawals without notice. This message contains information which is confidential and privileged. If you are or are not the intended recipient,any use,disclosure,copying,or communication of the contents of this transmission is prohibited.If this message was received in error,please telephone us immediately at 631-324-8080 to inform us of the error and please delete this message from your computer. We apologize for any inconvenience this may cause you and appreciate your cooperation. 1 Nicholas Planamento From: Nicholas Planamento Sent: Tuesday, September 12, 2023 4:24 PM To: Mike Verity, Southold Building Department;Amanda Nunemaker Cc: Nicholas Planamento Subject: 53795 Main Rd -Jewell on Main LLC Attachments: Temp00122.PDF Amanda Thank you for taking the drawings prepared by Nigel to review relative to the `as built' apartment on the second floor of the main rd commercial building.... Attached below is a pdf Looking forward to your/mikes guidance as how to resolve all Ty N Nicholas J. Planamento Licensed Associate Real Estate Broker n 6920 Main Road Mat�tituk, N.Y., 11952 O 631.298.0600 ext.103 M 631.948.0143 View my Ustincis View our Market Reports i Nicholas Planamento From: Nunemaker,Amanda <Amanda.Nunemaker@town.southold.ny.us> Sent: Wednesday, September 13,2023 8:40 AM To: Nicholas Planamento Subject: RE: 53795 Main Rd -Jewell on Main LLC Hi Nick, I spoke to Mike and we looked at the plans. You will definitely need a sprinkler system. You can go for a NYS variance to request a 13R system to be just installed in the apartment area rather than a type 13 system throughout the entire building. I confirmed with the Building Inspectors that the apartment is not qualified for a pre-existing use. You have the option for the apartment be an accessory use to the principal building(see 280-45C(2)) and it will need a variance for exceeding 50%of the principal building, or you can apply for the apartment use under 280-45B(11) which would require Special Exception approval as conversion of an existing space to apartments (see regulations required). Please let me know which you would like to move forward with so I can direct you in the proper direction. From: Nicholas Planamento<NJP@tchamptons.com> Sent:Tuesday, September 12, 2023 4:24 PM To:Verity, Mike<Mike.Verity@town.southold.ny.us>;Southold Building Department <michael.verity@southold.town.ny.us>; Nunemaker,Amanda<Amanda.Nunemaker@town.southold.ny.us> Cc: Nicholas Planamento<NJP@tchamptons.com> Subject:53795 Main Rd-Jewell on Main LLC Amanda Thank you for taking the drawings prepared by Nigel to review relative to the 'as built'apartment on the second floor of the main rd commercial building.... Attached below is a pdf Looking forward to your/mikes guidance as how to resolve all Ty N Nicholas J. Planamento Licensed Associate Real Estate Broker a 6920 Main Road Mattituck, N.Y., 11952 O 631.298.0600 ext.103 M 631.948.0143 View my UstinIgs View our Market Reports Town &Country Real Estate of the East End LLC and Town&Country Real Estate of the North Fork LLC, DBA Town & Country Real Estate is a Licensed Real Estate Broker.Agents affiliated with Town &Country Real Estate are independent contractors, not employees.The information herein is believed to be correct,from reliable sources, but is subject to errors, omissions,changes and or withdrawals without notice.This message contains information which is confidential and privileged. If you are or are not the intended recipient,any use,disclosure, copying,or communication of the 1 O'N A 0� doll ill Poe, LN 0, GI ola q! 01 in I�cP P, I,c N Nci ry1 N Tz- bN Ni NIJ N�k ;'Aol -�Wa Uo - (c�l - rf T-V 23