Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
7936
380 Wlon So VW Uo use I I 2—Oct �p I av-r,- Owner: Jewell on Main LLC File #: 7936 Address: 53795 Route 25 ( E-D) Code: 13ED Agent Info Joan H. Bischoff van Heemskerck 7160 Hortons Ln Southold, NY 11971 �- Phone: 631-948-0234 Fax: Email: Joan@JBischoffLaw.com PJ3 fl2-j -914912— BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®��®F S�U��'®� 53095 Main Road•P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes CA ae Town Annex/First Floor, Robert Lehnert,Jr. • �OQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento 2 0,0UNTI, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax(631)765-9064 COVER SHEET WITH ZBA FILE STATUS OF FILE ZBA# 3 6/1' Name : TPiW f l( 61 o /Vat ,i L-b C Tax Map# j10�DD Location : 5 3--�9s rnaol 4e, - S' R�efuiad4-issued q CAlNOT a iva e or reactivate file:,(App'licant has withdrawn appli Lion, [ ] NO REFUND DUE, based on time spent for Town to process application and hearings. [ ] Obsolete& expired; CANNOT reactivate this file: NEW APPLICATION NECESSARY: Extensive time has passed; Zoning Code changes are now in effect and this application expired. NOTE: Applicant may apply for a new application with Building Inspector for a new Notice of Disapproval and submit NEW application with all documents and current maps to ZBA, or modify plan to conform to the current code. This Town file based on applicant's previous year requests has expired. [ ] No forms to be scanned; FILE# VOID: APPLICATION RETURNED. (All forms were returned to applicant early in process,as requested by applicant.) ------------------------------------------------------------------------------------------------------- FYI: Please note: Unless otherwise agreed by Resolution of the Board of Appeals, a submission for processing that is incomplete or outdated,with or without activity or updates by the applicant for 12 months or more, remain INCOMPLETE and may not be further processed. Also, an application remains incomplete when it is NOT up-to-date under the current year Zoning Code, LWRP, FEMA or other Codes, or not followed up by applicant with the Building Inspector under current Codes. If applicant wishes to begin a complete application for processing, an applicant is requested follow steps under the current code for a new application submission as per agency's current Instruction Sheet. In all situations, an Applicant ALWAYS has the option to EITHER: (a) follow the Town's procedure for a Notice of Disapproval and apply for a variance with a new submissions and current code filing fees under the current Codes, or (b) if applicant's chooses to modify plan to conform to the current Zoning Code, applicant will not need to return to ZBA with a new application. ZONING BOARD OF APPEALS " "`' )wn Hall Annex 54375 Route 25 € P.O. Box 1179 f. Southold, New York 11971 Telephone(631) 765-1809 MOP , t' MEMO Date: November 22, 2024 To: Denis Noncarrow, Town Clerk From: Kim Fuentes, ZBA Board Assistant Subject: Refund request Please see MinuteTraq entry Record No. # 20824 completed by Kim F. on November 22,2024. A refund is requested for the following application: ZBA File Nos. 7936—Jewell on Main,LLC Located at 53795 Main Road, Southold,NY- SCTM No. 1000-61-1-16 Refund recommended: - $1,000.00 Reason: Applicant Withdrew Please mail the check to: 0 Nicholas Planamento 7160 Hortons Lane Southold,NY 11971 Thank you. Encls. cc: Acct. Dept. c Sakarellos, Elizabeth From: Nicholas Planamento <NJP@tchamptons.com> Sent: Thursday, November 21, 2024 9:49 PM RECEIVED To: Fuentes, Kim; Fuentes, Kim Cc: Sakarellos, Elizabeth Subject: Jewell on Main, LLC #7936 Nov Z 2 2024 Hi Kim, ZONING BOARD OF APPEALS John Jarski has indicated to me that we have resolved the issues regarding JEWELL ON MAIN, LLC file#7936 As such, please withdraw my application without prejudice. IF possible, kindly refund the payment made for the ZBA hearing. Thank you, Nick PS Happy Thanksgiving! Nicholas J. Planamento Licensed Associate Real Estate Broker Town & Country Real Estate www.nicholasplanamento.com North Fork Top Producer 6920 Main Road Mattituck, NY 11952 O 631.298.0600 ext.103 M 631.948.0143 www.TownAndCount[yHamptons.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. 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.ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 SUR\/EY OF PROPS, J 51TUATE: SOUTHOLD N TOWN: SOUTHOLD 5UEEOLK COUNTY, NY W E 5URVEYED 04-21-2022 RE-GERT 06-28-2022 5UFFOLK GOUNTY TAX # S 1000 - 61 - 1 - I6 CERT%FM TO: Jewell on Mak]L1LC The]Farm by the Sea L LC ]Fidelity NationEi Title IInsurance Company and flee REHCO Manic of America,N.A.,1SAOA ATEM[A Received MAY 7 2024 Zoning Board of Appeals of Of 40 \ joy Q q 9 \ o 7 .6 I �9� \ 2 oG q �s m�N3., G e �A q� q YPb�Ge `•k� � • G�c Lon 0* GOn PQC `0tp 2�Pd,/aP`�i P5'P OF NEW C. Ey< 0 tt,ortnorizee alteration or aaertlon to a away map beaNrlg a Ilcensed land svveyorh seal Is o t vlolotbn of 9eetlan 120a,sibdNlglon 2,of the Herr York State Eeu V-Law.' NOTES: 'Only copl—from the orlgMl of W,sway 1 arked.0 an orlgknl of fhe lord swayers t staTod seal shall be consdered to to volld We + O copleS' `- 'Lertlflconare IMleofee hereon sITIFy tint Nb o ey was prepared h acordorne wlth the ex- PIPE FOUND 'l�s►�NO, 5 J h� Lade of aatiae Fa•Land Surveys odopted by the New York%oLo Associot—of proFesskwnl Land 5weyors. Sald 1er011-U-1 shall run only AN Ne pe son For whom the sway b prepared, and on hls behalf to the tRle ear 4 govermmen- tol�^ay one mnang Vetlwtlon listed hereon.one to rho asskpnes of rho larding Wtlwtlan. LertlFlca- Nons ore mt transferable to aeemorlal wstiwnons AREA = 4,154 5F or 0.10 Acres JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S.LIC.NO.502M 6RAPHIG 5GALE 1"= 20' RIVERHEAD,N.Y. 11901 631-369-8288 REF.C:\UsersVohn\Dropbox\04\04\04-295 elevations only.pro e la�l.!s�Nrt c, aye el.wta.an Received 39 - 031 MAY 0 7 2024 Zoning of Appeals — 3� h ° l l - 6, Ti ~ 1 'T REFLiI i �---- Bath Bedroom 1 Kitchen/Dining p 1 t1N AGa_Ss TO A-f TI G. 01 r M -l � • -' r _-,t4 lZooF P-00� cl. ` j Foyer _1 Living Fm-,0. I ri Bedroom 2 ,� a E 4 � j 1 � i f 4 c(. i I SECOND FLOOR PLAN — 929 . -711 sa - fir. -Existing PUBLIC WAY _ i P d 4V/ PUBLIC WAY a Storage _. © IV) "- I F= _% cl. LEI Retall 75 l. 420 sc)-.Fr. 9'- Io=��� o X � p- oll i 527. 3(�I sue.. ��- � n N!10 7 I � � t - `� R f Entrance 4 ILIi . tzaa - -p - FIRST FLOOR PLAN 1273, 781 5a. FT. -- Extin M 00 r4 V M w 10 •s W TO SE)TIG- V C- Q EL GAS HETUM �1-F.G. �7AF!F1 Q >: k3 AIQ_ H . DL-CP-. f Z x M •— O •- , „ ,,., cra�vlspace .e a.., x b GAS BOIL-Ult. L 00 W Ln - --- ° x 40 GAt,..F�I EC. �, >�aT �� � Storage � � ° Storagem O Z a: P I i E7 TT I I I I u�a o Jewell on Main LLC BASEMENT PLAN — Existing 53795 Main Road Southold N.Y. 11971 sc� : i�" = ►=o" S.C.T.M. 1000-061.00-01.00-016.000 -7 Received MAY 0 7 2024 Zoning Board of Appeals f • I r 1. i-- --__, - � i SOUTH ELEVATION — Existing EAST ELEVATION. — Existing L _ _j _ _I i rn r 00 i O • l r� r® Qj i 0 JJ � r� rn i i 1 Ln O WEST ELEVATION Existing : L � NORTH ELEVATION — E?Cisting G A Jewell on Main LLC •ate �} �,�< 53795 Main Road Southold N.Y. 11971 1',o" DATE: I-5'SEpTEm8r'_P.,, Wl� - S.Cj.M. 1000-061.00-01.00-016.000 jz4 __Pw `s OFFICE LOCATION: MAILI G ADDRESS: \ 1 ' ► Town Hall Annex �OF SQu�. P.O.Box 1179 I��J r�,� � 54375 State Route 25 O� y0l Southold, NY 11971 `�"(cor.Main Rd. &Youngs Ave.) h O So th d NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD I l 3(P MEMORANDUM Received To: Leslie Kanes-Weisman, ZBA Chairperson Members of the Zoning Board of Appeals AUG 2 6 2024 .. Cc: Julie McGivney, Assistant Town Attorney Zoning Board of Appeals From: Amelia Jealous-Dank, Vice-ChairpersonnR9 Members of the Planning Board C Y ` Date: August 23, 2024 Re: ZBA#7936,Jewell.on Main, LLC. Located at 53795-&53801 Main R6ad'akaNY-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, 1.995, 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. Page 12 APPLICATION TO THE SOVTHOLD TOWN BOARD OF APPEALS - �-- Interpretation 3795 &53801 Main Road aka SR25 Southo " House o. Street Hamlet �or►pjupri SCTM 1000 Section: 61 Block: 1 Lot(s) 16 Lot Size: 125 ,&Hamlet Business I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATFaQning Board of Appeals Owner(s)• Jewell on Main, 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 to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Joan H. Bischoff van Heemskercior(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: QC)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 ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy N/A ( )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 Pre Certificate of Occupancy#Z-23836 "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 property, and 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. Yy •. T i Page 2,Area Variance Application Revised 6/2023 p��.p�`/p('� i n APPLICATION IS FOR A REVIEW AND UPDATED PRE CERTIFICATE O�C�EtfPApp �Y� REASONS FOR APPEAL MAY 0 7 2024 (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 neigh]g8"ng a0ffignPloAppealS nearby properties if �b�er�ate. 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 ,because:The inspection report does not state what the'four' rooms are on =Q 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 ta equested 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 vrtanee-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 MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. By signing this document,the PROPERTY OWNER understands that pursuant to Chapter 280- 146(B)of the Code of the Town of Southold,any variance,granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMP IANC E WITH THE CODE REQUIRED . TIME FRAME DESCRIBED HEREIN. Signa of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) k �A/JtZV6f/ Vlk/7uRx G cc- Sworn to before me this day In Ll Of l, , SABRINA M 80RN Notary Public, New York 01806317038 No Qualified in Suffolk County N&AryPublic Commission Expires Dec.22,20� Received MAY 0 7 2024 Zoning Board of Appeals Project Description Zoning Board of Appeals Receevedlq?0 APPLICANT'S PROJECT DESCRIPTION Jewell On Main, LLC MAY 0 7 2024 APPLICANT: SCTM No. 1000-61-1-16 Zoning oard of Appeals 1.For Demolition of Existing Building Areas Please describe areas being removed: NOT APPLICABLE U.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: III.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 Applicable IV.Calculations of building areas and lot coverage,sky plane(From Surveyor,Design Professional): Existing square footage of buildings on your property: Proposed increase of building coverage: oApplicable Square footage of your lot: Percentage of coverage of your lot by building area(lot coverage) Gross Floor Area(GFA)of single family dwelling including the attached garage and/or habitable detached accessory structure: (Please refer to Chapter 280,Section 280-207 of the Town Code): 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. ( f Owner's Statement&.Request: Basea n the facts,testimony and written docur„c�ttation 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: ReceiveVivedin • Unknown construction/purchase date by Henry Jewell who ran a meat market at the-property and the second floor apartment until moving to his own home at 395 Beckwith Avenue. MAY '_0 7 2024 • SPLIA records indicate that the subject property was renovated in the 1930's. • Long Island Traveler Watchman'classified'ads of various dates illustrate Henry J&@t(19fi tgltbv Appeals apartment for rent. • 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. • 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. • 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). • 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/5th 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. • 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 doesWceive ul reclusion in Pre Certificate of Occupancy and offers two paths to`legalize': (a ��3�0 1. Accessory to Principal Building(code 280-45c2)requiring VARIANCE for an�Apa�rtTOhat exceeds 50%of primary floor size 2. Apartment Use(code 280-45bl 1) requiring SPECIAL EXCEPTION for conversion of sp ce to n apartment. Zoning Board of �ippeals� • 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 clarify this and update the Pre C of O,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 O description of four(4)second floor rooms. • February 11,2023 Asha Gallacher of the Village of Greenport 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. FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT I Office of the Building Inspector Received Town Hall Southold, N.Y. MAY '0 7 2024 PRE.EXISTING Zoning Board of Appeals CERTIFICATE OF OCCUPANCY No 8-23836 Date AUGUST 25, 1995 THIS CERTIFIES that the building BUSINESS Location of Property _ 53795 MAIN ROAD SOUTHOLD, 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 5-23836 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 LEWIS L. EDSON (owner) i of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. PENDING - AUGUST 22, 1995 PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION RE T. wilding Inspector Rev. 1/el BUILDING DEPARTMENT „ TOWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT LOCATION: 53795 MAIN ROAD SOUTHOLD, NEW YORK number b street - municipality ��f• �J SUBDIVISION MAP NO. LOT(s) NAME OF OWNER (s) LEFFERTS P. EDSON Received 0 6 OCCUPANCY COMMERCIAL type owner-tenant ADMITTED BY: LEWIS EDSON ACCOMPANIED BY: SAME MAY '0 7 2024 KEY AVAILABLE. SUFF.CO. TAX MAP NO. (0 - - SOURCE OF REQUEST: LEWIS EDSON DATE: of of Appeals TYPE OF CONSTRUCTION BRICK & BLOCK 11 STORIES 2 / E%ITS 3 FOUNDATION CEMENT BLOCK CELLAR 3A CRAWL SPACE TOTAL ROOMS: 1ST FLR. 2 2ND FLR .,,•,_• ,�, D FLR. BATHROOM (s) TOILET ROOM (s) 2 UTILITY ROOM REAR MOD ROOM PORCH TYPE DECK, TYPE - PAiTQ BREEZEWAY FIREPLACE GARAGE DOMESTIC HOTWATER YES TYPE UCATER LIB GAS AIRCONDITIONING 1ST FLOOR ONLY TYPE BEAT GAS LILCO WARM AIR 110TWATER IX OTHER: IST 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 6 BUILDING CODE LOCATION DESCRIPTION ART. SEC. REMARKS: BP #20053Z-CO Z-23835 (ALTERATION) INSPECTED BY ( DA7'1: OF INSPECTION JULY 29, 1995 M. BOUFIS TIME START 9:10 END 9:35 loan No. 6 t't)t•r,t OF SOU'I110H) Received Illl I LD I NG I)ETARTME.N•1' TOWN HALL 7 2024 765-1(102 MAY 0 AI'I'I.I.CATION I"Olt CERTI l"1CATE, 01" UCCIII'Ah'CYZOnjng Board of Appeals A. This application must be fi.l.led in by t:ypewriter OR itik 'Ind submitted to the bui,ldl_ng .inspector with tha Col.lut•�ing: for naw bui.J,d,ing or nets Ilse: 1 • Final survey of property with accurate_ location of a.l.l buildings, property .linr_s, streets, and unlr:;ual nal:ur;ll or t,opogr.•:Iphi.c feaEurr_s. 2• Final Apptovnl ftom lt�;ll.th I)ept. of water supply :Ind sar•.wrage-disposal(S-9 Corm) . 3 AI'1'rclvll of electricrul. it'stal-.lation from Iloard of Fire Utlderwriters• 4. Sworn statement (rainrpl.umber system co certifying that the solder used lInntains Less than 2110 of 1% least. 5• Connnercial buildin ,, industrial building, multiple residences and similar buildings and ins.tallatiorls,\a certificate of Code Conlp].iattce from architect or engirler_r responsible for the building. b• Submit Planning hoard Approval of completed site plan requirements, U. For existing buildings (prior to April. 9, 1957) non-conforming uses, or buildi.ng;s and �1j)Ve-ex irl>;" land uses: 1 . Accurate survey of property, shoaritt ll g ,Iproperty Lines, streets, buildinr, and urltrstla natural or topographic f.eatur:es. 2. A ptoperly completed aZRLic<�rion and a consent io inspert. signed by the appliennt. If a Certificate of Omit rincy is ciertied,ifle flulld.f.ng Inspector shall state the reasons therefor in writing to the appllciZ C. Fees 1 . Certificate of Ovcupeulcy - 1•lew dwelling; $25.00, Additions to dwelling; $25.00, Al.tern,ti.otls to dwelling $25:00, Sla11tilnillg pool. $25.00, Accessory buildi.11p ;�'2.'i.UU, Additions to :accessory building; $7.5.OU. 1)usinesses $50,UO, 2. Certificate of Occupancy an Pre-exi4tinp Suildine e $100.00 3. Copy of. Cer.tifjcate of Occupancy `- -�- - 4. Updated Certificate of Ocel.lpancy _ $2().U(.) _ 50. 0 5. Temporary Certificate of t3ccupancY Iftesidetrti.al. $15•00•, Commercial $15.00 Date . . �� . . f... Paw Construction. . . . . . . . . . . Old Or P . . . . . . . . . . . . . . . . . . . . . re-existing ,]l�ujlildi.ng. / Location of Property. . . . . , ,r:,•�1�!{/ . � ,�v• . . . . . . •�a��?4��,House No, Street • . . . . lfamlet Onwer or Owners I:f Property. . . e�c . . . .�.• D!./. . .. . . . . . . . . . . ,��`:.ZZ��'. . . outrty Tax ifagl No 1000, Section. . . / . .. . . . .. . . . . . . . .�.� . . . . .131uck. . . ...�. . . . . . . . . .Lot. . ;ubd iv i.,i.on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Fi.led mil). . . . . . . . . . . .Lot. . . . . . . :'er . . mit No„ • , • • • , , , , , ,,, , ,bate UC Permit. . • . . • . . - • • . • ".. . . . . . . . . . . . .Applicant. .. . . . . . . . . . . • :1e:.11t11 Dept. Approval. . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . .Underwriters Approval. . . . . . 1111111r.lg Boar'd Approval. . . . . . . . • . . . • • . • . . . t�-'g Temporary UCSt COC: Certificate. . . . . . . . . . . !'illat Certi sate. . .. . . . . . . . . lea Submitted: $. . .. . . f saoa`� . . . . . . . . . . . . . . . . Received INSPECTION MAY 0 7 2024 r r- Zoning Board of Appeals G CS �f L rs �G 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 Jr 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 laws. ordinances, rules and regulations of the Town of Southold. The undersigned, in consenting to such inspections, 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, Dated:_1�2 If s gn u e) L (print name) Z�S 2 L F 4s-i�+rc�ta-Pe� 23.0 Received MAY '0 7 2024 1 0 Zoning Board of Appea s M A P OP P-W-)PEF27, LETJ C! AT IR TOWN OF 51*17-..',rHION:.C, ,Iy. C kZ3 tArt LL Gcmn bW" II IL wo. bxm"w ".WWI L I SMW CONCRETE ei-M. SUFFOLK CO.TAX MAP DATA:1000-061.1.16 m 4 2 2 STOW SQICJe BOG. $U'rSJJSk,FEOEt2AL OF SfWaYN A14P 10 q,')IJTH 9AY ABSTRACT- AS 9URVEYE-0 U; QODEQICle VW,!TUYL.PC ALCOVF LAW SUIZ\/EWQS GP,6E"p7rZT ti y IVI.07 TO%UCWITk4 We. 29,S7 MAJN WAD f V Received MAY 0 7 2024 Zoning Board of Appeals Questio nnaire t Revised 6/2023 q�* QUESTIONNAIRE j FOR FILING WITH YOUR ZBA APPLICATION Received A. Is the subject premises currently listed on the real estate market for sale? MAY ® 7 2024 Yes X No B. Are there any proposals to change or alter land contours? Zoning Board of Appeals X No Yes,please explain on separate sheet. C. 1.)Are there areas that contain sand or wetland grasses? 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 Commercial Buildin retail down/apartment u J. mples:existing ingle family,proposed:same with garage,pool or other) Author_ d sk jature Date 1 - 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 Received MAY _0 7 2024 Zoning Board of Appeals --------------------------------X 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@JBISCHOFFLAW.COM Attorneys for Appellant i t Received MAY 0 7 2024 Table of Contents Zoning Board of Appeal PRELIMINARY STATEMENT..........................................................:................. 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 UNDISPUTED FACTS..........................................................................................................................'........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 INTERPRET AND 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 ( 1 Recei fea Southold Town Code §280-45 B (11) .. A�,.:Q. ,. 2 ..................................................... 2�24 Southold Town Code §280-45 C........................................................................ ........6 Southold Town Code 280-45 C 2 f Zoning Board of Appel § ( ) ........ 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 (1 st ed. 2022.................................................................................19 Sandbornmap ..................................................................................................................3 Society for the Preservation of Long Island Antiquities....................................................1 iii I \, 1 Received 'jqW PRELIMINARY STATEMENT MAY 07 2024 Zoning Board of Appeals 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, SCTM2 1000-061.-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 z Suffolk County Tax Map 1 In 2021, the prior owner of The Building applied for a rental permit as re%eceived red 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. MAY '07 2024 Zoning Board of Appeals 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 variance', followed by installation of a full building fire suppression system, Al 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 RE AND CERTIFY OCCUPANCY AND USE 'OF THE SECOND FLOOR OF THE BUILDING AS AN APARTMENT MAY 0 7 2024 Zoning Board of Appeals 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. s See: S.P.L.I.A records attached to this Application. 6 See Sandborn map included in the Application underlying this Memorandum of Law, 7 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. s Idem and 1910 U.S. Census, 1901 Belcher Hyde map. 3 Received lm� 6. It is undisputed the Town does not have, or has not provided, any rWdD 7 2024 pertaining to the Building, its structure, occupancy and/or use history prior t2o .goard of Appeals 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"("LILCO") gas heater", "LILCO gas heat", air conditioning"on the first floor only", "hot water," and a"Pt 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.11 10. The building was built in 1876,12 probably by David T Conklin(1839-1920).13 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 15 The building also housed a bakery(C. Bardoff).16. 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. 131dem 14 Idem 15 See 1910 US census 16 Email II from Amy Folk, Town Historian and 1910 U.S. Census 4 1 t 11. It is undisputed that the first floor of The Building since 1910 was useAddeived butcher shop;a market,possibly a bakery,retail stores and/or offices. 17 MAY 0 7 2024 12. It is undisputed the second floor, since it was built,was used as livLr&WfleXcfo@f Appeals 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 "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 l i 23 such as the Fire Prevention and Building Code in.1984, 22,Local Law 1 in 198 � (� 1989") and any later amendments to any of these statutes: MAY '®1 2024 a. When zoning was first enacted in Southold, in 1957, The Ap2!8R%tBMd of App eats 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 1989.25 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.26 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 non4[ � conforming uses are extinguished if they are discontinued for over 2 years4&6Wedhe Current Code does not extinguish pre-existing conforming uses,nor does anyw0PrP Z82#See below under 58). Zoning Board of Appeals 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. 30 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.31 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 b�s�eeci l�e�c�ption by the Zoning Board of Appeals in the Hamlet Business District. ee C20 MAY 0 7 2024 26. No special exception were required if The Apartment pre-exliSAAabtWAiiae4peals o 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 faeade of the Retail Store and entry to The Apartment.12 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. 31 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 3s 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 Received housing inspection report to the Pre-CO specifying the inspection took all of 25 minutes; and he MAY '®7 2024 certified the building broadly as a"commercial building structure." 38 Zoning Board of Appeals 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 a 35. The housing inspection report, attached to the Pre-CO, described the second floor as containing"four"total rooms without further detail. ai 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 39 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 0 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 Ifilclen returned.45 MAY 0 7 2024 oard of Appeals 41. The Building Inspector today will not allow a Rental Per @?VpAe 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 45 See the application underlying this Memorandum of Law. 48 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, including4n.spections to determine that said premises comply Received with all of the laws, ordinances,rules and regulations'of the Town of Southold."49 MAY 0 7 2024 THE APARTMENT AT THE TIME OF THE PRE-CO zoning Board of Appeals 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, ii. 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 AeWkfed the Pre-CO;S2 MAY 07 2024 b. A former Town Assessor provided evidence that she assesse00�'i p�operfy ads peals a mixed-use property and attested to personal knowledge of the existence of The Apartment in the 1970s, both prior to the Pre-CO. ss 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.ss 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 r V 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.Sout old, Receive& New York. MAY 7 2024 h. The Building's first and second floor have maintained se arategotk1Aie Appeals Zoning 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 Behlke 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* 1199955. 06' other prior Code) as a permitted use, and ��--(( i MAY .072024 ii. fails to indicate what the certificate's certified usesZoonocgc ®ice Fxppeals 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. 59 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: ' 59 See e.g. Certificate of Occupancy Z-10409 14 r eCeived i. Is identical to the description on the Town Assessor property card MpY 0 7 202� provide to the Building Inspector(and may solely be based on that Board of Appeals property card and not on an actual physical inspect R o�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-'/2 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 60 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--exxig6 edf a Ffeu rental unit on the second floor of the building: MAY 07 2024 The Board of appeals may reverse or affirm, wholly or paJ&hiRr D9b%rd of Appeals modify the order, requirement, decision, interpretation or de ermination 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.62 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 63, 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.64 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) sa 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 `THE DOCTRINE OF EXTINGUISHING NON-CONFORMING USES DOES NOT APPLY ReCeIVed 58. No Town code or amendment provides or has ever provided: AIO� MAY 0 7 2024 a. That a conforming pre-existing use is extinguished by disc2o i ng cdow;of Appeals 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; J t ` 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 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 r 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; CL 16� f. The interpretation of an unclear and inaccurate Pre-CO s�oleely bll he Building Department which issued it is inherently unfair to Appellant. MAY 07 2024 Zoning Board of Appeale 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 r 5 l Apartment existed legally prior to the enactment of all projg ordinances, codes and amendments.67 MAY _®7 2024 4"0 Zonin B 62. A housing crisis and the need for housing are well documented on�he 1 �eals 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 19`h 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) 66 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 i 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 distinctionDbeetweee��n the two uses Jq* residential and office in the context of a small business property of a slo y ifli a�n apartm�_entt upstairs if one can be found at all, would not constitute abandonment." 73 MAY ® 7 2024 Zoning Board of Appeals 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 r i v �1 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 A rtment, q)�o ecei and instruct the Building Department to issue a Rental Permit and expungeRany violations. ' MAY p� 202 Zoning Board of Appeals Dated: SOUTHOLD,NEW YORK APRIL 30, 2024 Resp submi,ed, BI FF A LLC B -- Joan 4off van Heemskerck Attorneys for Appellant Jewell on Main LLC 7160 Hortons Lane Southold, NY 11971 631-948-0234 joan@jbischofflaw.com 21 - ' Received MAY 0 7 2024 ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK Zoning Board of Appeals 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. 1 ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK MEMORANDUM OF LAW IN SUPPORT OF JEWELL ON MAIN LLC'S "l APPLICATION TO THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD TO INTERPRET AND AMEND A CERTIFICATE0j&8& ,fNCY ISSUED IN 1995. MAY 0 7 2024 EXHIBIT A: TOWN RECORDS Zoning Board of Appeals 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 523 FHV LLC Jewell 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 Properties L 5948 P 111 Workmen's and Lefferts Paine 1966 Suffolk Mutual Ins Edson L 3042 P 495 Jewell SC Mutual 1950 Insurance Co BUILDING PERMITS,CERTIFICATES OF OCCUPANCY Complaint No. Violation 3/29/2021 2nd Ft Apartment Second Ft.Apt 2021-841 not on CO 20053-7 Certificate of 08/25/1995 Install Partition& First Floor Retail OccupancyZ23835 Electric Outlets Space 7-93836 Pre-existing 08/25/1995 Commercial Building Certificate of Building Structure OccupancyZ23836 1000-61:1-16 Planning Board 1 0/2411 9 9 4 Waiver of Site Plan Sign Application 19017--z Building Certificate of 08/13/1990 Renovation Front First Floor Retail Department OccupancyZ19288 Entrance and Space and Windows Entrance to Apartment ' Suffolk County Tax Map { r` Received MAY '®7 2024 Zoning Board of Appeals Cert *if'icate of Occupahcy t i FORM N0. 4 Received � TOWN OF SOUTHOLD BUILDING DEPARTMENT MAY 17 2024 office of the Building Inspector Town Hail Southold, N.Y. Zoning Board of Appeals CERTIFICATE OF OCCUPANCY No Z19288 Date AUGUST' 13, 1990 THIS CERTIFIES that the building RENOVATION 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 LEWIS EDSON (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N144288 AUGUST 6, 1990 PLUMBERS CERTIFICATION DATED N/A BuIlding Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Received qq Office of the Building Inspector Town Hall MAY ® 7 2024 Southold, N.Y. Zoning Board of Appeals CERTIFICATE OF OCCUPANCY No 2-23835 Date AUGUST 25, 1995 THIS CERTIFIES that the building ALTERATION Location of Property 53795 MAIN ROAD SOUTHOLD, NEW YORK 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, 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. EDSON (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 Bui ding Ins ctor Rev. 1/81 r' t Received MAY 0 7 2024 Zoning Board of Appeals Short S 10 in I C am doa inaa far calae, X I M 'fad a profeaww X I 4 tarm of eaN1cM ry-Seirch X I Saullwld,W-Offidal Vrebv X ® 'f14Z57AfrerfgdanosApph X I 4 lama ddr nod,asap-St X FEMA Flood Map Service Ce- x + — O X E- C3 0 8 mscfemagw/portaysewch A> ? !i a a EO S Q lQ ... Q Prod,a Amilabdlp• DYNAMIC MAP MAP IMAGE Changes to this FIRM A F.iSC Frequently Psked questiorn+,FhOs± Revisions 1 Amendments(l) MSC Email Subscriptions r M".a ,„ ,•„E� Revalidations(1) contact MSC Help irs'rn. You can choose o new flood map or move the location pin by selecting a different location on the locator map below or by entering o Go To NFHL Viewer. new location rn t—zemo it may rake r, ^wr=er peak hours to generate o dynamic FIRMette 44 • Lary y�7y�! -i •t: ac i \ \\\ USC-S?^e\ecans-.4.+ap 0oeo megery-Dra.e're:nea Decembc b7: Po:•= I ' rp�mr.rr..r�+ irrrarar.r aaro a.ora.rrrwa�r... rr•�w�'a•w•• ��waab ur�i.ar era Tarr arr r r,e.errrr ■aura �Mraw+�eraaaar U--rra�r _.urn~rrr u..ar Q awrwrrrr.. = rr, assr�rwartia,aewr __r..rr rrn __ eyrarrrr� e..or r.r.Fr .: ra�rarrrr �rrrr�••rrrae ---o..rt..a.a..r. �r r:•••• anq--nw rrr av earaaa k ...wr R�aEa Ne.eaa.rm.,. warr.ro.i rr..ur aalfslalaa0 amucaaa,.�.. Oa..wM1Mr. rrr,rrer,rrarra w.. •M naaFae //rrrrrr rr,w..:�a N ona aaw r.er.rr..a,r..r O ® P Type here to search a e Q1 0- 0 i. O V �\ 0 FEMA flood map(screen shot taken May 5,2024) based on address search. Subject property, 53795 Main Road is not located in a f1pod z Yfe (its CD classified as X zone) W �C� 617.20 Appendix B Short Environmental Assessment Form Received- \00 Instructions for Completing Not Applicable MAY ® 72024 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 ect further verification. Complete Part 1 based'on information currently available. If additional research or investigation wo d e dt64alS respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: 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 Joan H. Bischoff van Heemskerc E-Mail: Joan JBischoffLaw.com Address: 7160 Horton's Lane City/PO: 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? 0.0 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 X Commercial X Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): c ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or r� 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: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES MAY ® 7 2024 X b.Are public transportation service(s)available at or near the site of the proposed action? Zoning Board of Appeals 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 j 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 W 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 t� 1 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the locatioin NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE TION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE I, Q Applicant/sponsor name:- Date: .5— 2 7� 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 energy opportunities? 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, waterbodies,groundwater,air quality,flora and fauna)? X Page 3 of 4 6 tr No,or Moderate small to large impact impact may may cur 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 pp Part 3-Determination of significance. The Lead Agency is responsible for the compehon of Part 3pFor 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 Received IAN MAY '® 7 2024 Zoning Board of App@alS LLC Paperwork And Deed STATE OF NEW YORK DEPARTMENT OF STATE Received Certificate of Status MAY'®7 2024 Zoning Board of Appeals 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, • • Q.F NB ••• at the City of Albany,on April 19,2022 at 12:55 P.M. • • ROBERT J.RODRIGUEz Secretary of State •Co' W• • ••�� ,•rguso Su�R° • • •• ENT � By Brendan C.Hughes .S •' ••.•••••• •• 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 hW://ecorp.dos.ny'ggv NEW YORK STATE DEPARTMENT OF STATE DIVISION OF CORPORATIONS, STATE RECORDS AND UNIFORM COMME FILING RECEIPT MAY .0 7 2024 ENTITY NAME : JEWELL ON MAIN LLC Zoning Board of Appeals DOCUMENT TYPE: ARTICLES OF ORGANIZATION ENTITY TYPE c DOMESTIC LIMITED LIABILITY COMPANY ••' of NEw••.• DOS ID : 6461388 • �,`�� �. ��•' FILE DATE : 04/19/2022 IF FILE NUMBER: 220419001520 * ?` • TRANSACTION NUMBER: 202204190001635-820577 • EXISTENCE DATE : 04/19/2022 DURATION/DISSOLUTION: PERPETUAL •� d due esu��', �• COUNTY: SUFFOLK •.�� S`� • 00 ••..EN s•s* 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 verfiy this document online at: http://ecorv.dos.ny,zov 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. ReCe1ved 'jq� MAY 0 7 2024 Zoning Board of Appeals 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, -- pF NEWoo.. on April 19, 2022. Cc • I • w. �. &ACELSIO �• • '•'''��';�ENT ��5• Brendan C. Hughes ''••••••'' 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 httn://ecorp.dos.ny_.gov f � Received ARTICLES OF ORGANIZATION MAY 07 2024 OF �9� JEWELL ON MAIN LLC Under Section 203 of the Limited Liability Company Law Zoning Board of Appeals 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 Limited Liability Company Law provided that the limited liability company is not formed to engage in any act or activity requiring the consent or approval of any state official, department, board, agency, or other body without such consent or'approval first being obtained. THIRD: The county, within this state, in which the office of the limited liability company is to be located is SUFFOLK FOURTH: The Secretary of State is designated as agent of the limited liability company upon whom process against it may be served. The address within or without this state to which the Secretary of State shall mail a copy of any process against the limited liability company served upon him or her is: 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 Received amounts paid in settlement) incurred in connection with any claims, VI 2024 action, demands, damages, liabilities of the limited. liability company, a I any pending or threatened action, suit, or proceeding. Such indemnification SS},all e Zo of Appeals made to the fullest extent permitted by the laws of the State i I416M oin �w 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.lnnited liability company and was not as a result of his or her fraud, gross negligence, willful misconduct or a wrongful taking. The indemnification provided herein shall inure to the benefit of successors, assigns,,heirs, executors, and the administrators of any such person. I certify that I have read the above statements, I am authorized to sign these 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 Received I���IIII IIII.III�����II IIIII IIIII�I�II IIIII IIIII II�� III MAY 9 7 2024 I Zoning Board of Appeals I IIIIII IIIII IIIII IIII IIII 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 TAR NUMBER: 22-12971 LIBER: D00013183 PAGE: 523 District: Section: Block: Lot: 1000 • 061..00 01.00 016.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $795,000.00 f 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.Pres $12,900.00 NO Fees Paid $13,420.00 TRANSFER TAX NUMBER: 22-12971 THIS PAGE IS. A PART OF THE INSTRUMENT THIS IS NOT A BILL JUD.ITH A. PASCALE County Clerk, Suffolk County 11 2❑ RECORDED 2022.Dec 29 03:29:47 PPi f ( JUDFTH A. *CALE Number ofpages ( CLERK: OF . 5UFFOLK COUNTY L D00013283 523 This document.will be public P -12 p 6T� 22-12971 'J record.Please remove all Social Security Numbers prior to recording. Received Deed[Mortgage Instrument Deed/Mortgage Tax Stamp Recording/.Filing Stamps _ MAY .®7 2024 s 1 FEES Page/Filing Fee 7O Mortgage Amt. ` 1,aaslcTax Toning Board of Appeals Handling 20. 00 ` 2. Additional Tax f TP-584 SubTotal �_ , Notation SpeclAsslt. _ _ or EA-52 17(County) SdbTotal. �� Spec./Add. EA-5217(State) TOT.MTG.TAX �,�,ll �► Dual Tow?, Dual County _ R.P.T.S.A. ��. u V � Held fa ppointment Comm..of Ed. 5. 00 - Transfer ax Affidavit ' Mansion Ta Certified Co R . The propeity covered by this mortgage Is Copy or will be Improved by a one or two NYS Surcharge 15, 0o -�.— family dwelling only. Sub Total YES or NO Other Grand Total. If NO,see appropriate tax clause on page# ' of this Instrume 22047418 i000 o6lo0 o100 016000 '(•ub 5 Community Preservation Fund Real Property' P T S IIIUI�IWtI�W�IIWII�I�II�I CPF Tas Due ation Amount$ Tax Service R CGR A 111 IW ul w _ • Agency , 13-0EC-2 Verification — _ Improved. �. Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD.&RETURN TO: Q Vacant Land /SG� L, ✓ /�'C TD 7/(0o .Ho,7-" LAP-Z TD IJ 1137/ TD Mall to:Judith A.Pascale,Suffolk CountyClerk 7 'ntle Company Information 310 Center Drive, Riverhead, NY' 11901 Co.Name www.suffolkeountyny.gov/clerk Title# a Suffolk County Recordin & Endorsement Page This page forms part of the attached I made by: (SPECIFYTYPE OF INSTRUMENT) F/4 LL C The premises herein Is situated In SUFFOLK COUNTY;NEW YORIG TO In the TOWN of �c�- -JIA UEw—r--LL. 01J /VIA-:r/J 'L LC.. In.the VILLAGE or.HAMLET of BOXES 6THRU 8 MUST 8ETYPED 0R PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over 1 _ ' 1 I Standard N.Y.B.T.U.dorm B002-Bargain and Sale Dead,with Covermor against Grantors Ads-Uniform Acknowledgment r Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT.SHOULO BE USED BY LAWYERS ONLY THIS INDENTURE,made the ay of August,2022 BETWEEN FHV,LLC,a New York limited liability company with offices at 2315 Pine Tree Road,P.G. gem-4296, (/1 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, Qe ���""' Southold,New York 11971,party of the second part, n " • MAY ®'12��� WITNESSETH,that the party of the first part;in consideration of Ten and 001100-($10.00)-Dollars,and other good and valuable consideration paid by the party of the second part,does hereby grant and release and Ot p ppeaks unto the party.of the second part,.the heirs or successors and assigns of the party of the second part ZOn�ng BO forever, ALL that certain plot,piece or,parcel of land,with the buildings and improvements thereon erected, situate,lying and being at Southold,Town of Southold,.County of Suffolk and State of New York,bounded and described on Schedule"A'.attached hereto and-made a part hereof. (See attached Schedule"A") l Being and intended to be.the$ame premises described in a-deed made by 53795 Southold Properties, LLC and recorded January 18,Z019;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 tines 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 some 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: FH By: Char res V.Salice;Managing Member Re/deeUrhv9faeholf2022 i FIDELITY NATIONAL TITLE iNSURANCE.COMPANY TITLE NO.7404-013bcu SCHEDULE A-1 (Description of the Land) For Tax Map ID(s): 1000.061.00.01.00.016.000 ALL that certain lot lace or parcel of land situate I In and being at Southold Town of.Southold Count of Suffolk and State of New York,bounded ad described as follows g g y ��C�t�e� 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 orformerly of Dobi Inc.,which point is.distant 187.07 feet westerly from the corner formed by ZR4 the intersection of the northerly side of Main Road with the westerly side of Beckwith Avenue; ®1 AY ®I RUNNING THENCE along the northerly side of Main Road,south 61 degrees 06 minutes west 29.57 feet to land now or �tllN peals formerly of H.D.N.Karsten,now or,formerly of The Southold-F�ee Library; g0ard Of AP Zoning 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 1 S 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 r Commitment for Title Insurance Printed: 08.03.22 @ 09:53 AM ScheduleA-1 Descotlon NY-FT-FRVH-01030.431004SP5.1-22.74D4-013820 r BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN New York STATE State of New York,County of Suffolk,as: Slate of New York,County of Suffolk,as: On the a 'day ay 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. SALICE personally known to me+or proved to me on the basis of personally 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 Individual(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 he/shetthey executed the. same In his/her/their me that helshetthey executed the'same in his/her/their capacily(Jes), .and that by hismerttheir signature(s) on the aapacity(ies), and that by his/her/their signature(s) on the instrument he individual(s),or the person upon"behalf of which instrument,the Individual(s)„or the person upon behalf of which / 1 the in ' I(S)acted,axe ed th instrument. the Individual(s)acted;executed the instrument. r' sign re and o i dgni (signature.and office of individual taking acknowledgment) �QCe�V�� No Public Received NDTAF:N PUBIlC,STATE OF NEW YOPoC Notary Public Ragistrallon In Suft kd81287t 2= MAY 17 2024 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State(or District of Columbia,Territory.or.Foreign Country)of ,County of as: Zoning Board of Appeals 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 individual(s)whose name(s) is(are) subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in hisn,eritheir capacity(ies),and that by hls/herAheir slgnature(s)on the-instrument,the Individual(s),-or the person upon behalf of which the:individual(s)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'S ACTS BLOCK 01.00 Title No. LOT 016.000 FHV,.L•LC DISTRICT 1000 TO JEWELL ON MAIN-LLC STANDARD,FORM OF NEW YORK BOARD OF TITLE UNDERWRRERS IN9TRUCT)ONS(RP-S217-PORINS):werw.orps.tttEl.ityAm FOR COUNTY USE ONLY /� (/� NtYY YOfk ftJ1Ea i c•saltla taro tT q � I Taxation and Finance C2.Oft Coe Rtsoldtd .I f Z/Z 1•/ZZ OEice of Real Pmpefty Tax SwAm Yr RP-5217-PDF �y MN rir C&acall I �,�, � ,O�(ram,Pqt � � Rol PnWf41 TYtnsbr Rtporf I8H0) PROPERTY WFORMAMON 53795 Main RoadLOCOM '111MUNUMM .pWIFTIO Q Southold Southold Received 11971 'oaf SA TOIMI Vl.Aat. 'LPr6! 2.Eeye► Jewell on'Main LLC N.m. MAY 0 7 2024 LASTMM901e•Aw FMT MAW . Indafe where fuhnTwSbaetobevaa Zonin Board of Appeals 6111111111 RQUINrtlwrtuAddrimmeyefaftnW 1b011umdfmm) uurxMemrruv T57SfMgR g 9TRQ•MOei1 AMWM a:l.ar-aw STATE 'swam a;prdr�BeaenueberalAvennews tdfPamis PaddePard PaMB Part d►Partal)check asa"apply. Roll parWv trarafplat on ere tYd NL PIcvYnp BuM vAh SubdMdon Aut"E*m t.DMd S OR 0.12 10 tlutxiriabn Avowal wa R"Pred fa Trader �rb •FaarrF£T •can. 'ACM AIM PanalAppmved far Sub*"on WIT Map Pralded rhy, Ld,C t•seta► •wTN�IaJWM.1M1� ,aroMFn Miaw - .Aft w,IFOtYNwf nmrwp 7.StlM2110 Wvalpion which aletaccurMyowcam dw Chadthe baare bow n they appr two afar pm"attlwdaa of am S OWonvhlpType to CaMaltinim F.C L Nm Comlru*m on a Veant LwA 10A.PRO"LOMMwale inApdaAruY ohtdal p M Brig ry I a audmura nadm rrm,rabp Ual im praperty b b an ❑ ApraauSl Deader :)ALE INFORMATION IaClleaonormaTeatluwwrrtmraoappaaaoabtrattgSr A.Sea A reen Relftm or Famvr ReWas sl.sob Coetragtlad •Q4/20/.2022 B.We',.tae.tR0hhacwttrdmeaParoewsin Enna C.On d 4r lluyaa o rare a Ssbr �11CStedsalartFinaM 08/05/2022; uudukm E�Typ.not u�raraw as b(Bps*BSbo F:SaY'd Frtllalrl a Leae ttun F�hdai�t(Spedry Rebel •17.Fdlselebrio 795F'000;00 0.tCpkwdCh&Wto Property ea unTwAMmsumwWtoleDeus IL tole d Dusinea Is h Eluded in ado Pow 1 Fid Sala Prm la Ihi tool eowd pad hr um pmpany hldidrp P Pr Y• 1:Other UnwtW FvCME Alfta t Salo PrimISpef>Tfemmo This primal may beb the term deskafarpmpedyaoom%or Suit assutptiond nadprpw a Ctra ebSpetlaa)piaaamrMb dw neare>t ande maaraeraa¢ A Nate Caemaelhl on Cart 1i huseab tw,rtlrad palsentl preppy hiduded IS Ile Ale .00 ASSESSMENT INFORMATION-Dart$hMId rdect Iltt Itbtt Fbtal Aataamtnt Rdl and Tax IMI ILYwdAnnumtlldlhoewllehbftrmodantdwn"22 -IT.TM Assumed Value 5,600 -11I'wepaga a 'Sl - — ht BEnagots>,ktnwa Ajy6W5'Southold 'it.Te Mmj bedMar(spM IdadMgi(a)Pf iaam thaj hue.Smith shad%a a mww karMS413) 1000-061.00-01.00-016.000 1 TI ICalfyfamonofow fldlwmaWn mpe0 Oft km are bmeptdcvmaf(btMMstai'myk rbdW and bdkgwAIuduitardlhdewaakIngofany Of o&be aabent bank t tltt! LolalyperprUpaAlatlretothe p"g nd lflpq of ma haburnents. L .11RIMCCRMCTM on a t°danambr�tlrir"Meavrtaamiz them 0turMAl mii�m Fro aa�newraaYiebwnb�Y r • t.rbretampwptuamvraptivrq a,.roamer oval bit aacna.7yps ptwaffwM•1 �^ i�1e>tilr Bischoff Joan -WrrWv own oaT. gall 4Ai8-&7a14 weuaae •,u,,.avu,anac.r�rsma, to 0 �r�4n S the •ur.nMuwaa •a,annrar. I:d � ir47 • -�raa+aesr ,r •error Bischoff Joan LAST MAIM FPar Mr,¢ 631 948-0234 A.Nf:a1C MEF"mN11fi90.mum I Received unr 07 2024 zoning l3oard of Appeals Transactional Disclosure APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM n The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Jewell on Main, LLC c/o Joan Bischoff van Heemskerck YOUR NAME (Last name,first name,middle initial,unless you are applying in the name of someone else or oth company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) MAY 0 7 2024. Tax grievance Building Permit Variance Trustee Permit Zoning Board of Appeals Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) tlon 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 dv Submitted this d of y AVL41 ,20 III Signature Print Name 1 S Received MAY 0 7 2024 • Zoning Board of Appeals Site otos SITE PHOTOS JEWELL ON MAIN LLC 53795 MAIN ROAD, SOUTHOLD NYReceived SCTM: 1000-61-1-16 MAY 0 7 2024 of Appeals r- 71 r s, E 53795 Main Road (SR25) Southold NY front facade taken August 8, 2023 III all AL �.r Western facade and rear of building ived 0 7 2024 �- � oard of Appeals . b - _ rF'�c Shop entry, taken October 24, 2022 00010 Retail entry, taken Fall 2023 U� 2024 wed 011 41 - and 01 Appeals Zont Retail space, taken Fall 2021 E Retail space with `vault'visible, taken Fall 2021 1. ! eceived l - MAY 0 7 Z024 " Z ing Board of Appeals ' Retail space, taken Fall 2021 i Retail space, taken Fall 2021 ReceNe(' SAY p� 2024 °nin9 Board of Appeals Z 2" Floor Apartment entry (street level) i a� it Apartment entry IVed 0 7 ZR4 and of Appeals Living Space u t e � 0 i 1 i k K_ �l Living Space r r� IV Kitchen (refrigerator to the right of doorway) 07 2024 Zoning rd of Appeals 4 1 - i Kitchen t._ i# 24 Bathroom Zoning Board of Appeals IMF ,f Bathroom Twow Receiver . MAY 4 7 2N4 `— � Zoning Boar(: v� Bedroom #1 *' f Bedroom #2 r H Mh'w2y4 S t ���i` '"1•i.•�i. 'tI'• n'V',.q � sir y Ar yr z rti �' t w :y � � l��S.' � t�t� � Ott„ ,, t n`a ".y�'•,>�,' Yii. k �,'� � t l•, � ...q 7y,P�ta � 'CtS.f'`�' �,�f�i"t !t{j Get. '�P.'""� cr'�d: >''4."I f"; .�"�.. ,.� y ,�°.. �t.y, g�l:� `"` fi?;>:! ,�n,�'��-•...},Ji f±.*:e ' �°-°p; t ,,Z`t,�•-��"t�y 't�', •,x�w h f. r i I;ec,eived ��lP MAY 012024 Zoning gird of APP88ir- own Asse ,ssor S Property Tax B *11 NOTE: Classification Code#481 i (see NYS Dept of Taxation & Finance definition) l TOWN OF SOUTHOLD PROPERTY RECORD 5)/a1 OWNER STREET VILLAGE DIST SUB. LOT FORMER OWNERa N E ACR. _ f F CIS on W �j ++ TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 0 0 U 12 400 6,)o?OOS" ' �r1-: 1)��fC� -49e Kejei i J Sk ke lv L- Z y1 7 Z85-F ► Csf 5375 �Z AGE BUILDING CONDITIONL,9 / IIA j �aD/�f NEW NORMAL BELOW ABOVE Z S--_ �� �S _ FARM Acre Value Per Value Acre I'A - 1511(;5 !Ea . in fAJ.�-LL `yC),o o Tillable 1 Tillable 2 N Tillable 3CD 3 �7 Woodland o n CD- Swam land FRONTAGE ON WATER o <_ Brush and FRONTAGE ON ROAD a L� o N :- Q- Aa ® a f � o House Plot DEPTH e� BULKHEAD Total IDOCK M■E■■■ w ■■■ ■■■■■■■■■■■ :a . . . MEESE M MIMMMUMMOMME ■ ■MEMO NOON ■MMMM■■E■N NEE■E WM■■■M■■MM■M■■■MN■ �.. ■EE■E ■■■■MONMMOM■■■■N0 . 44, NONE MEMMEMMOMMOMMOMMOMEN - ■■■■■ .■!�■■■N■■■■■■■■■■■■ --- - _ _ NOON■■ ■■■■■■■■■■■■■■■■■■■ ■MEN■■■ ■■■ME■■■■■■E■■■NOON ■■El�.flA■71■NEE■E■■■■■■■■ON■■■ ,.. MEEME■ N■■■■ENE■■■■■■■■■■■■ ' Sam M E ■■■EMM■EEM■■■MMEM■■E ■NONE M ■■■MEMO■■■■■■■■■ ONE ENO■■■■ ■■NMMMM■ ■■ MMMMNNN■ON Interior Finish • •ce • r• __TypeRoof •.. .. . zMMOMMUMMINOMM■■■■MEMO■■■■■■■ ■■MMM MOHMMOMEMOMEME MEN ME 0 ■M■■memo , WOM■■EMINEMEMEMEMIN■■M■■MM■■ ■ENE■ ME MOMMOMMERMEM ■EE■■EMEEEM■■■■a■ EME■E■ ■OMMEEEEM■■■EM■MM■■ --- Err■ EEEMMM■MMMMMMMMMMMM Sam MEM MOSEMM■M■■■MMEMMEMM■ ■ ME■E■ M■REMEME■■MMEMO■■■NERMEME ■ .. NOMMMOMM FOUnclation _• Basement •• Ext. Walls [Fire Place ' Dormer Driveway Qb I 4_american'vstrMefor comervaC!X FadaProf".d X I 4 new York state assessors pr,- Xj { Prepertytypedassif.V—& X Imo} C a n to ny.gw/research/property/assess/manuals/prcias.htmtcommercial Aa t� � Q �j Cp� s-= -qb �YO T Services News Government I - STATE Department•nline services I Individuals- Businesses- Tax professionals Real property Forms and guidance Tax data About� Search Tax Q Property tax and assessment Property type classification codes administration New York State developed proper class codes to_p'rovicl a statewide uniform classification system for assessment administration.Assessors assign a code to each_p-roperty Assessment administration on an asseasment rot 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 lridicate 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 pLner propel-type classification code • 600-Community services 100- Equalization rates'&information Ag ultuml • 700-Industrial QQ,yRs; - • 800-Public'Services Exemption administration � 300-Vacant land 900-Wlld.forested conservation lands and pub'c arks Legal information • 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 Lp-r Uag€ Valuation tools&information There are nine categories of property class codes: f0 Type here to search g • • ' EP13 rPM Al _ o CD D N v CD O to ® I Q amerimn'vnt'earte X for mnso 6 X I rind a Raessurel X I 4 —yorke teassessorsProperi { Property type class'dimtion code X -}--`—.4�. (23 taxny.gov/research/propertyfassess/manuals/prcias.htm#commercial A" {f I � 465 Professional building ----------- - - - - - - - - - - - -- - - - -- --------------------- 470 Miscellaneous services I 471 I Funeral homes 472 }Dog kennels..veterinary clinics j i 473 I Greenhouses i 474 1 Billboards 475 Junkyards A building readily adaptable,with little physical change,for more than one use or 480 Multiple use or multi-purpose pu pose. I _ 'Downtown row type(with j Usually a two or three story older structure with retail sales/services on the rust floor I 481 i common wall i and offices and/or apartments on the upper floors;little or no on-site panting. ; 482 o.vnto type he ame type of use a in cod 7, ov�e Li s is—separate structure with (detached) party walls. i A building usually located in a residential area,which has been partially converted or 483 ;Converted residence adapted for office space(e.g..a dolor's or dentist's office with an apartment upstairs). Usually a modem,one occupant,building adaptable for several uses(e.g.,retail clothing 484 ;One story small structure i 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 i Minimart —` Combination snack bar,market and gas station. --- ---{ TQPP_oL-9e t 500—Recreation and entertainment — 1 Code;Type Description — f0 Type hereto search - _ n • • 44 50-F Al -� 0 CD Q •® - ° �r%ks (D �\ � N 7 -� n � - OFFICE ADDRESS: ;OTOWN OFF SOUTHOLD I OFFICE HOURS PHONE 63096 ROUTE 26•P.0,BOX 1409 C',— LIDATED REAL PROPERTY TAX BIL',' MON-FRI 8:00 AM TO-4:00 PM SOUTHOLD,NY 11971.0499 DECEMBE- '13-NOVEMBER 30,2024-TAXES BECOME A LIEN DECEMBER 1• 631.765.1803 FAX:631-765.5189 COUNTYSUFFOLK •• • IF THE WORD"ARREARS"IS PRINTED HERE SEE _ c - NOTICE OF ARREARS ON REVERSE SIDE.,`, 473889 61.-1-16 610 08 7060 .• • . . , 53795 ROUTE 25 0.12 COUNTY , TqWNAID BANK CODE 349,275,904 2,912,706 481 1 ATT ROW BLDG WELL ON MAIN LLC F12/05/2023 1,300 0 7160 HORTONS LN �SOUTHOLD, NY 11971L ON MAIN LLC MAY 07 2024 2022-2023 TAX PAYMENT INFORMATION • • MAMM Sol 1st Half 7061 $4,023.60 . 01/26/2023 ASSESSED VALUE 2nd Half 7061 $4,023.61 05/30/2023 4,600 WHICH OFITS: IS: 0.57% 807,018 VY DESCRIPTION LEVY% TAXABLEVALUE TAX AMOUNT TOTALTAXAMOUNT SOUTHOLD SCHOOL 64.54% . 4,600 948.492 2--90% 4,363.06 SOUTHOLD LIBRARY 2.53% 41-500 ;1,. 37„229;. 2.40% 171.25 TAX LEVIED67.07% FOR SCHOOL4,534.31 SUFFOLK COUNTY TAX 1.90% 9,;600 2.7:.901 ' 0.00% 128.39 SC COMMUNITY COLLEGE. 0.13% 4;'600-.- ,% •1:959 0.00% 9.01 TAX LEVIED FOR COUNTY SOUTHOLD TOWN TAX 23.81% 4,600; ,,�399i937`• 3.40%' P,609.71 j 4 23.81% 1,609.71 MTA PAYROLL TAX 0.05% •4,600 0.675 5.60% 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 -76.10% 6.95 SOUTHOLD FD 4.54% ,'%14 600 '"• 66..674-, =0:30% 306.70 SOUTHOLD PARK 1.34% •�9;600- '19.642 - •2:00%. 90.35 SOLID WASTE DISTRICT 1.02% 4,.600 14.928 -24.10% 68.67 TAX LEVIED7.10% FOR OTHER DISTRICTS479.00 FIRST HALF TAX SECOId®HALF TAX TOTAL TAX LEVY DUE DEC.L2023 PAYABLE WITHOUT PENALTY TO JAN,10,2D24 DUE DEC.1.2023 PAYABLE WITHOUT PENALTY TO MAY 31.2024.SEE REVERSE THIS TAX MAY BE PAID IN ONE OR TWO INSTALLMENTS, SEE REVERSE SIDE FOR PENALTY SCHEDULE: SIDE FOR PENALTY SCHEDULE AND COUNTY COMPTROLLERS NOTICE. —————— SECOND HALF—SOUTHOLD TAX LEVY•2023-2024 SUFFOLK COUNTY TAX Me NUMBER DETACH STUB AND RETURN WITH SECOND HALF PAYMENT RETURN BOTH STUBS g73889 61.-1-16 FOR PAYMENT OF TOTAL TAX,MAKE CHECK PAYABLE TO:KELLY J.FOGARTY, RECEIVER OF TAXES AND WRITE BILL NO.AND TAX MAP NO.ON FACE OF THE CHECK. AMOUNT DUE BILL NO. �ECOND HALF TAXES BECOME A LIEN DEC.1,2023.PAYABLE WITHOUT PENALTY TO MAY 31,2024 PAID BY: . ❑ ASSESSED ❑ OTHER $3.380.19 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 47388 9 61.-1-16 PAYMENT OF TOTAL TAX,MAKE CHECK PAYABLE TOd KELLY J.FOGARTY, RECEIVER OF TAXES AND WRITE BILL NO.AND TAX MAP.N0.ON FACE:OF THE CHECK. AMOUNT DUE GILL'NO. i PAID BY: ❑ ASSESSED ❑ OTHER. A3-3R01R 70� ❑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. 473889000000061XZ1Z16007060230033801800000000006760370 Received Supporting MAY A7 2024 4oning Board of AppealsDocumentation : Historic Images Letters of Testimony ' SPLIA Record Maps Advertisements Etc . i POLICE TOWN OF SOUTHOLD POLICE DEPARTMENT 41405 State Route 25, PO Box 911, Peconic NY 11958 11",O (631) 765-2600 • FAX(631) 765-2715 sn Martin Flatley ChiefofPolice Received April 10"',2024 MAY _®7 2024 Nicholas Planamento Zoning Board of A 7160 Hortons Lane ppeals 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. Sin rely, . 1' in,.Flatl Southold Irce.Chief MF/ns Darline Duffy #3 Watersedge Way Port Jefferson,NY 11777 631-525-1604 I DDuffy2oio@Aol.com Ms. Leslie Kanes Weisman,Chairperson Southold Town Zoning Board of Appeals \V Received 53095 Main Road,PO Box 1179 Southold, NY 11971 MAY ® 7 ZO24 Zoning Board of Appeals �) April 2,2024 RE: 53795 Main Road,Southold NY—Jewell on Main;LLC ;i Dear Ms.Weisman, I 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,LLC). 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 f personal friend of mine,Ms.Mary. Ann Feavel was a tenant in the apartment in the mid 1970's for 1 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. i Respectfully submitted, I Darline Duffy l I f j f {i VYLLAGE OF GREENPORT ® HOUSING AUTHORITY 236 Third Street.*Greenport,NY 11944 EQUAL HOUSING OPPORTUNITY Phone: 631 477-2391 x 208-Fax: 631 477-1877 Received MAY 0 7 2024 To Whom it May Concern: Zoning Board of Appeals 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: 537.95 (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, Asha Gallacher Housing Administrator if you.or anyone ill your family is a person with disabilities and you require a reasonalile accommodation ire order to fidlY utilize our programs or services,please contact(or have your proxy contact)the Housing Authority office. Nicholas Planamento From: Nicholas Planamento Sent: Sunday, February 11, 2024 5:16 PM Received To: Nicholas Planamento Subject: FW: 53795 Main Rd Southold Property MAY o 7 2024 Attachments: Nick Letter re. 53795 Main Road.pdf Zoning Board of Appeals 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 Vil+age 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, A5TvX llacltier Housing Administrator Village of Greenport Housing Authority 2363 d Street,Greenport, NY 11944 PH: 631-477-2391 x208 Fax:631-477-1877 a_gallacher@greenportvillage.org IMPORTANT NOTICE:This electronic moil 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@tchamptons.com> Sent:Tuesday,January 23,202411:54 AM To:Asha Gallacher<a gallacher@greenportvillage.org> Cc: Nicholas Planamento<NJP@tchamptons.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 Received F ' PEN MAY 0 7 2024 oning Board of Appeals F } 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 Gallacher<a_gallacher@greenportvillage.or'g>wrote: Regards, ,,bko-CgallacAzr Housing Administrator Village of Greenport Housing Authority 236 3`d Street,Greenport, NY 11944 2 PH:631-477-2391 x208 Fax:631-477-1877 a gallacher@greenportvillage.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. Received wAY 7 2024 Zoning Board of Appeals , 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 y 9WV IIdNAIP Received MAY 0 7 2024 [ro�jev N Zoning Board of Appeals c jaaftyo G►d f aGJ� al Q t 1 t. ♦Jle., a1 Ott o 1 fw,r •r/srw � 1Y� � V a o x %O a r� q Ln 1 0 f0 o a? G v LL L O Ln a) ® C r 1 1 A ao�0y°"k�co�K SOUTHOLD LANDMARKS PRESERVATION COMMISSION SD-50 4` Historic Building/Places Inventory T :own of Southold 54375 Route 25, P.O. box 1179 .—A Southold, NY 11971 Name: Town of Southold Date: 2013 Organization: mown of Southold Landmarks Preservation Commission eceived Inventory Undat.: MAY 0 7 2024 Building/Place Name/Date: Edsor. and Bruer, Attorneys, Henry Jewell Butcher Shop, (unknown date, remodeled 1930'stoning Board of Appeals 2. Tax Map Number/Address: 1000-61.-1-15.2, 53745 Main Road 3. Town of Southold Identification. Number: Sp-50 4. Current Status of Historic Building(s) or Place(s) : -Extant. 5. Evidence of Structural Modifications: -None, Intact. 6. Notes: -N/A. Photographic Record of Historic Building(s) or Place(S) - 2013• i Front Facade, West Elevation, Northeast View. BUILDING-STRUCTt)RF INVENTORY FORD! FOR OFFIC!~ USE ONLY SD 50 lRalt;� t03r0.crdo�gZ W\1 10N fOR 111SI )RII PRI•SER� %110% INIQUf SI]`L NO. 11t� Y(tkktil \11 P�kkti AD %\DRI(RL%110% SERIES �I tt1,�t, til h )OKK 45Ih) 4-4-04-9 ;�E'(, NO. Y01 R NAMI -Town of Southold/SPLIA DAIF lloveTA' /1(0 YOUR At)URrSS Town Hall, Main Road —TELEPHONE 1�) 76�-1AY U4 024 OR6ANIZATION W any) Southold Town Community Development Office Zoning Board of Appear • , , • . , . . . . . . , . . . . . . . . . . . . . . . . . 1D6N71FKA HON I Hl'll DING NAME 61 ..��Son_ S_ nd Iner, ,Q t.Qrge/H_enry. Jewell butcher shop (tlltViy Sufrolk lrouN,( rrti' Southold -.VILI 4c,I Southold I. S'IRLI-1 LOCATION Main Road. _Route 25. north side, 4 t1Wh1 R1111P a puhh, ') h private P�1 s PRI`A %I 0%NPR ADDREM h 1 51 Ornptnal _ _ Prewnt 7 A" I VISIHII IIN 10 PtlgLlt I"xterint vimble ftonl pubic, turd Ye. IR [t CR IP7-IOh Interior rt. cuthlt• Explain R B011 1►1NI, r claphoard C! b. stone _1 c. brick It d. board and batten El Al,%I I klAt a cobblestone n f. s►ungles FI S stucco D other Sl RI C I I'RAI :r. wtr,sd Wine with tnteritwktng Joints Ll 10,ti11 %1 h wood frame with light member 33 Itt kntw,l► c. tna-unry Iwd bearing walk r-7 d meat! (A tplatn) - c, oll,r+ _ It) (t)NI I11trN i exeelle,r. "x h pxW [-I c. lair ;"I d deteriorated CI 11 INIHARHY a anginal sue x b. moved Ll if mi,when' t IN major altrfall ins anal glitz•, ftl know•it originally S butcher shop. this building was re-designed and remodeled SD Rsiyl v1-3 by Goorgo W. Smith circa mid 1930's. t, 1'1u)I() from south west 11, MAP N.Y.S. DOT Southold quad Front (south) and west Plovation ''tnlarged T. r • c } t thold���l ,> yD • % `µ J «• 'tea - • r • • • o f •. SD 50r 14. TIIRLATS 70 BUILDING a.none known b.coning❑ c. reads ❑ d. detelupen ❑ e. deierioratton C f other 15 KLLAIL-1)0(:IBLILI)I`t.,5 A,%D PROPLRIY J. barn C) b. .:arridge huum ` garage d privy ❑ e. ►hed C f. greenhouse ❑ g. shop ❑ h. gardens ❑ ' 111 ✓�`f r. landxapt: features y usher s9pne;vf_ It, SURROLNDMus Oi 1 HL BUILDING (check more than one if necessary)- a.upen land M b. woodland X c.scaitered bwidtngx X MAY 0 7 2024 d.densely built-up ❑ e. commercial f. rndustnal ❑ g. residential W Zoning Board Of tippeait, h.uther: 17. INTI RRELA7IONSIIIP Of BUILDING AND SURROUNDINGS (Indicate if building tit structure is in an historic disaictl In medium density area in the center of historic Southold Town. The Main Road, once the old Kingb Highway, is lined with traps and many interesting old structures, some of them for commercial use and some residential, sur�roorunddnedyyby ►b. t)Iltt E �!il ltst i 1 [ 1Tt kt �. (�� ksL'11UING ANDSIrF (incl,�lawna.ral�atlrrer TRl.. ) 2-story, 2-bay,gablp roof, gable end to the streetared brick building with modillioned cornice. 6/6 windows. Copper pent roof on front faCada, SIGNIFK'ANCL P$ BAIL eta INITIAL CONSTRUCTION unknown / 1930's for remodeling ARt.HITI CI BUI LDI.R _,,._..�nzrEmo de i p _ enrge_ W. Ralth 'U HISIOWAL AND ARCHITt( it KAL IMft)Rl,vN( t. Southold's business district dates from, before 1858. Many of the original shops are still standing although often remodeled. This building recalls the prosperous period in the 1930's. In contributes to the ambience of the streetscape. 'I SOURCES Intearviow Daniel T. Smith, son of Gporge W. Smith. October 1986.. i :� IHI 'fl Form prepared by Rosemary Skye Moritt, research assistant. Receive6 MAY 0 Jaa 6 ly1�O Zoning Boar.G -ai Building Namei Henry jawoll butcher shop/ Fdson and Bruer. Attorneys r Photo by Daniel T. Smith 1986 o L�Ak v►� �c �c b# 20 j] Alm _ _ J y rtd 2 02 q /0 2 •4?0 Ail fie, 424 4254 d� FN 4'Z74&4?.9 430 4,y 4V2 53495 iACAu, Lk 4S2 4�3 �`4 45;; 43� 7 �58 9 �6'Q Gr.sTtkN I G r i, SAYtZI iP:f '''� ALL p w E++64 z..r .._ , CD M B. 3 jJ L� � � (l.� -. R7 Eiq✓ES �T. CDfu,4 � ti n . '. 9 IJLt 4 CD 1920 Sanborn Fire Map of Southold p6 Find a Gpv- M�* Received MAY 0 7 2024 Henry L Jewell Zoning Board of Appeals BIRTH 24 Mar 1877 a 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 parents when he was two years old. HENRY L. JEWELL IP,77 --A19 3 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 Gpg- Mary Christine " Kittle" V*fik�en Jewell MAY 0 7 2024 BIRTH 26 May 1879 Zoning Board of Appeals • ,� Southold,Suffolk County, New York, USA DEATH 26 Jan 1970(aged 90) BURIAL Old Burying Ground of First Presbyterian Church Southold,Suffolk County, New York, USA MEMORIAL ID 100128678 Photo added by Joy Ann Strasser MRS HENRY L JEWELL Mary Christine"Kitty" Jewell of Beckwith Avenue,Southold passed away at t 'ra t' lL�WFL( Jit , 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"Bette"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 w-efu-.WAfta— x 4 Fd.ftka W x Jobs-9-.er� X sane riaua ary fired x a "d.dn- L,—tLi r,. x Tr�L,tea aT.. 1�,W x T rersds.ra.,File h—, x + - a /x� oystw9mcnewspape org a 9.t.9 F ft `J9e-_-_._._r - :f _ (t Q a [p {3 Ce+ `'$' "� 4 \y NYS HISTORIC NEWSPAPERS N n. rt * The Long Isiand Traveler,Mattdudc Watchman 18 September 1941 The Long Island Traveler,Mattituck Watchman, 18 September 1941 i IOLAND TRAVELER•MATTITUCK WATCHMAN THURSDAY, SEPTEMBER 18, 1941 ® C limlSuffolk Blackout 'LASS I Fl E D ADS ' a Set For Oct. 14 SS CENTS MINIMUM — 10 CENTS PER LINE or, 1 (Contlnuet from Page 1) the county council. Spotter ponfe FOR SALE FOR RENT sighting the hostile bombers,telephone their reports to the army's FOR SALE: 75 tons of manure and APARTMENT for Rent. Henry L. filter center and Mitchell Field will! 1000 cubic yards of top soil. Her- Jewell, Southold, L. I. f A NER GOLF ANGLErelay the warning to the council's bert Booth. Tel. 3817, Peconic, L. 1. 1 PROFESSIONAL gall needs a new control center now being set up in II-iB-ufn ROOM FOR RENT, Cottage Flae� angle In a ranking or scoring !the bnsement of the courthouse at ff' Southold, Deforrest Payne — Tell 1 way. It needs badly something like C Riverhead. Through the telephone! 1 Thor Washer 3832. 1 the "Standing of the Clubs" in base- system, the warning will be broad- I 1 G. E. Washer - - ball. There are too cast throughout the country and I Kelvinator Electric Refrigerator FOR RENT:8 room house on Young's many different win- w•ithlb a matter of seconds,fire sirens 1 Saxophone Ave. All improvements . Mrs. ners in too many Lr' ' • Margaret will announce the beginning of the at M U L F O R O Conway, Southold. tournaments for the _ public to know who �'- blackout. „ Oraanport, L. I. 8-18-7� is ahead and who The problem of handling traffic FOR SALE: — Pipeless furnace MISCELLANEOUS isn't, during the blackout — and this is !I ( I E10 D. J. Suck, Log Cabin —I WILL EXCHAN � This could be ar- admittedly the most vexing dlLfi- Boulevard,Mattituck. 9-18-1t• GE a De1co Car Ra_ 4111116 ai. ® 0 Type here to search r X 00 n CD w° n o <�y N CD Z) ro 0_ m ch S NYS 1H�yISTORIC NEWSPAPERS The long Island trawler.Matborck watchman.,September 18,1941,Papa 8,Imapa 8 u.,a IDaraaalatafaratJlM6.elmar._ifaaWl a[,afttst� s•aw w.wrn.adti rno.swa dr.n nra�•, �f 1tC!►± 604aa(7=.441. 63 RaP Maau p aaaMa p rase as11 at llIiUU M it CLASSIFIED ADS i c. 33 CUM MIN9MNM _ IS CENT! M UN/ r FOR SALE ►oII 7e toms of d A—� fbr Mr 1. ruble yards of b soli.y ao1L Aaa r- Tal 8917.Daoeefq L.1. ►-1►-nm PKX)M PIRA t`af+ae P1ao` 8oathole, Ps�ne — Te or Washer E. Washer Ivinaeor Lleetrir Sefrl►erator lOH ►room he an Yuur4,.. tophon0 A Imyroyarnents . hits. 1 M U L f O A C'8 Mnprel Coney,8outhol& Orese�L.1. ►-1►-� pipaw" furnace -- D. J.8taea,Lod Cable Mattitueb. ►-1t-Ile t111S.ISXCiIANOE•Dek»Car Sae CD die for a lady', bk7ale. Must bb�� L' ltje 9t aw for tictnQ ul Boca cond/tlon Bet 155, lowers . C. W. !both.!loin- eiue. I. 0-18-31 e C c� I.e:ties Studebaker.1 door. UNIIIIIIA SEWING MACHINE CO. . $11,0, Pete I.atsan. Torm AttNrwi:N Safe! attr fae•kaOL . .:.o.a`•.�rt•;e:.lva:zt;u.�wry ITS , 4h. \� 13 • r kCk(/t(*;, 5C vu-C C (1 t JNXN -rL; , 4� <5 3 S3 ,k ! 14 p( I ( � �� H a.,�i.ww . •...ra.,.aarw.. . •...e.....ar,.. ........rrYw. . .�,...,e.-� .n...�...,w...... M,....r a-,.a. • + o i�NYS HISTORIC NEWSPAPERS rn.Lay W4.0 Mwlar.MM%W0 witch sn,J*17,1941.Psya!.ITaae rRalpb . Imptovements, d a month with leae t . D. Faulkner, Main 8t., South APARTAMNT for L PP*Mk tlwtholdl GAS STATION and garage for rent. Apply John M Lehr, Southold. i utn. _ FOUNO grout Plants, FOUND -- White canvas covered White le. Phodinghy. Inquire Southold P. O. Box 7-10-2t 31• 7-17-I0 Farm — ex- MISCILLANEOUS -- located four 7 7... N 0 2 cfl (r CD n. � C- vCD 1>0 w b � •�•..r w . •r...r w.arrw. �sr s�u.r� ..�...�,.,. � . a..-w-•sr •wwr+rr . �+nur;sr rr.. • i - e NYS HISTORIC NEWSPAPERS 111.0 * Mr rr Vw r.0 .w..ws•r It•hr TM Long%IanO nay.••Mann-k—h.n n.Aut1 31.041.Pap•9.1..*.1 rr ryrs w:t.a•wra.s.•wa,.YrL�•.-ls..r'J 1 �Y I Yk•�r11 1 �Mw �1v Wi l•N rr•wr r�'r rrrw..r+Y _IK~r rr 1..•r.q..r r.!rr,••t•w rw re ar + a 1„ r,ra a.rrw a ru ■w+n�`Mid 1OW 16 •.rra.4r r�o..r.r.OY f•na r r•�r l+►ar..��r+_wr.. yr a..c 1+w war �^w....••r ��_I'� 4�•i'+i�f M•ar+r 4�rr. w aM w w. nra 6—M 1; ism n�0Yrw1YU ++Ir • � �1..r��r rrra>.1 • oM• 4Y Rothman • a.a.+.u.Y.iiLLaA.M4 mY •*.r....e b v.H �0 N 0 3_ TT (Q :10 CD itn n OL � CD • a O C p v CD �. N C y o m i ,;.ar,,, _• t - �. � ---+IDS 09 53795 Main Road (1950's image) Received MAY 0 7 2024 Zoning Board of appeals c��j� 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. -l"W'y I have not been able to spot the building in any of our old photos. ReCelved -Amy MAY U 12024 Zoning Board of Appeals Amy Folk Manager of Collections Southold Historical Museum Consider becoming a member! https://www.southoLdhistoricaL.org/contributions 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.org> Sent:Wednesday, May 1, 2024 4:00 PM To: ioan@ibischofflaw.com Cc: Nicholas Planamento<NJP@tchamptons.com> Subject: Re: 23795 Main Rd. 1 m v a 0 O � �(D tts United1910 • 1 •(k > Suffolk > Southold N C Relation K Race matu Birthplace Father's Birthplace Mother's Birthplace I�i Natui Speaks English Occupation Industry tw � �} sit..✓. i4;� YN it !/wif j�/�t.�. . //..'wi flvt... _ !1./�,, rlt!•L �F'a�f: / .low t f I �Jir,-�i•.»...1 .. �......w �ir. �lfis•u //d '�•-�1. / t►1 �set7ss 61.0 o 'ftr ..-t l liis�.tf* ..I{ /h�i« -►+t i +G.•�' '�F.� r �''�►.A �+e P •' —. cur/ems 1111,6 �e,.�.. ........ I ..►. �1i.i....we► �/ttyr..w �nid.. ,r,�,...16 117 1'el ?k1,)v A'I 2' tls t. T 2", rQ �Sot r'+t�► %L•I9K. Y ,......«..........« FS Oko*� m' MO, v PTI IV d CD ...-- F10C2rv¢G MAY 01 2021 Zoning Bo.1rd of Appgaig Complaint & Building Department - N.on = Corn.,pl'i8ance g�fFOt Town of Southold 53095 Main Rd 3/28/2022 Southold,New York 11971 o • 631-765-1802 o?f Z`.auz• COMPLAINT To: FHV LLC Complaint#: 2021-841 PO BOX 1295 SCTM#: 61.4-16 Cutchogue,NY 11935 Follow-up Inspection Date: 3/29/2021 Location: 53795 Route 25 PLEASE TAKE 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 Received This condition constitutes a violation of: MAY 0 7 2024 Zoning Board of Appeals When on 3/15/2021,.I did observe the following: This property will be re-inspected for compliance on: 3/29/2021 John Jarski ZBA CHECK FEES - 2024 Funding Account - B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 5/7/2024 Jewell on Main LLC �=7936 $1,000.00 11008 5/10/2024 5/10/2024 Campbell,Jeffrey&Sara 7937 $750.00 1378 5/10/2024 $1,750.00 RECEIVED MAY 13 2024 Southold Town Cis:;;'{_ 'Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 05/13/24 Receipt#: 327399 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7936 $1,000.00 1 ZBA Application Fees 7937 $750.00 Total Paid: $1,750.00 Notes: Payment Type Amount Paid By CK#1378 $750.00 Finnegan, Law P. C. CK#11008 $1,000.00 Jewell on Main LLC Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Finnegan, Law P. C. PO Box 1452 Maiituck, NY 11952 Clerk ID: JENNIFER Internal ID:7937 NYS HISTORIC NEWSPAPERS ,;3 Empire State NNYLN Libntrg:Cenrurk The County Review, 18 October 1934— Page 14 r---� pug, r ceu r., noon :t:rc uus wrt•x ,or ,•na his:u:nu:tl visit ror up-Sutt,t a•lu•r':l ul:ulm lun bt• will visit his soil, Blum. `` on 'I°he correspondent u•1s1jus ttr (;,,I*- ter. rest the l(Ull is htst week's Insua in i,t:; t reference to 1{cnry 11Ish w et' .Jnt6tr, trill: on rho Lthn of Henry Jntt•,e11':: r,•si-r_x- deuce. It should httel• read, "F uwy %. rind Booth WV paittt:rtg ill(: Jietrcll� v11• hour on 1ieclae11.11 uvenue uud :n:ho in Henry Muller Is doing some paint- %reek Pmcy-re= NYS HIS-F O A RIC NEWSPAPERS Empire State NNYM LibraryNetwork The County Review, 13 January 1922— Page 9 t(0 , A 11ry JV.well hi, over tht- pcolet-Ly hii'marliet, il the villil.,e, D.T. CunkHv. Wil!'a7li Most: ;1,111 fi. 1, tall, c., Itruill.! have lensed the Cl'Uk -Wimel's the Monda.v k P-cy-T- TORIC NEWSPAPERS smP��st�t�NYS HIS NNYLN UbraryNetwork The Long Island Traveler, Mattituck Watchman, 1 November 1951 — Page 14 Twenty-five Yews Ago _ mto 04 a a M=% hmm DA 3ictkalth ere., m .cw Yr / -ly►,V U/� Ve new wane.wgt w wem vud d rar tho nr t,ux* tad eeumd no o konu.to thy um. . AI 4th— n-elackd•em'e<Aw of Now Y.L Privacy-Terms NYS HISTORIC NEWSPAPERS EmpireState NNYM [abran Network The County Review, 1 April 1921 — Page 13 Sunday. 1a H. W. Prince and daughter, Edith t.i have re;trued front a visit with Mrs. ,13C If. D. Hedges in 117cst Orange, N. J. .vb r Henry Jewell has purchased from fe± he D. T. Conklin estate the brick PL building on Main street which he has ate: (��O occupied for some time. tI Misses .Meta and Madeline Wolferz, '''Q of Brooklyn, spent Easter in the cast er[ end. =r: The W. C. T. U. enjoyed a large t�� -and interesting meeting; with Mrs tr, P—a -Tenn, 208 CENSUS OF SOUTHOLD CENSUS OF SOUTHOLD 209 Annie (Surezensky So rd Lewis, C J Mrs (Korn Main "Ernest C far Huntington Mary' Krukovsky, Phelix far ,-Iva M (m Goldsmith Raymond H IUD Jewell, Henry butcher Fannie (Stepnoska 525 Summit av So Orange N J Maier, Katherine IV 1�y CL� Beck av Martin S Eleanor at home Maier, Martin far No rd ' Kiddy (Van Dusin ��° Felixa Lowerre, .A F Horton's lane Marre-Cella, Henry J far Leslie V pl !ruse, John bar tend NIain asst treas Southold Sav Bk Catherine (Blume Caroline M (Peck "Henry J Jr stenog K L Lowry, Win far Newark, N J Margaret (Lindsay Marshall, J H phys Kaley, Wm lab So rd Leach, Nettie (Boerum Main Lucey, James far Maria (Rockwell Mary (Howard C Herbert pl. Lucey, Jeremiah far Georgie at home Rose pl Ledyard, Abigail (Moore May, Patrick janitor Main Marie pl Main M Marguerite (Turner Anne pl Lehr, John H far Julia M pl Carlis Mary Louise (Conklin Macevitz, Joseph lab Josephine E pl I Wm Eugene L C Vadislava (Kvos Susie R pl ICanolcl, Lucy pl NIain Martin Sophia Maynard, Wm M retd Kenney, Catherine A Nor rd Da.-id Macomber, B F plumb Frances M (Sherman Kenney, John W far Nor rd Lehr, Martin far So Har rd Beck av Mayo, Oliver A far Main i Nellie (O'Neil Anna "(Leicht Mary A (McCarter Julia F (Webb Kenney, Mary E Nor rd John H far Eunice pl Florence L (m Simons King, Charles care tkr Leicht, Christopher far Esther McCabe, John far Mary (cane Anna (Boller Mahoney, Peter J Hummel av Marie (Dooley Korn, John far Hor lane `"Lucy M nurse N Y City ' agt for L I potato exc>1 Frank 'John E Montana Fred C far Letitia (Hannabury Henry Carrie (m Lewis `Caroline L (in Smith "M Genevieve (m Maier McCabe, Michael far Louis W mer Brooklyn A Huntington Anne (Hilse Mary L (Newbold Leicht, Ernest shoemkr Main -Anna J nurse ';John far 'Emma L stenog Theresa (Stauber � Mary Imaculate Hosp Jamaica "Michael Jr lab N Y City Rudolf blk Rose E at home Brooklyn "Annie B (m Taylor `-Josephine at home Agnes V stu ,_tiVm police Jamaica W Phil, Pa N Y City Letty C Stu Marguerite at home Korn, Louis W mer Hilda dress mkr Peter L Jr pl Katherine at home Agnes S (Terry Geo Stu Maier, Frank J far Bois av `Agnes (m Callahan I,-otianski, Geo far Main Frances pl Elizabeth S (Hahn Jamaica Jessie ( Leicht, Fred C far Florence (m Anderson Merwin, F A Mrs (Jennings Jane Elsie (Baldwin Maier, Geo A far milliner j Kreutzer, Mrs Marie hotel Doris Carrie (Glover Richard T pl BAY VIEW GREENHOUSE, - Southold I. M, RAYNER—THE HARLOWARDEN GREENHOUSES Phone 87-W GREENYORT, N. Y. All Vegetable Plants in Season. FLOWERS FOR ALL PURPOSES FUNERAL DESIGNING A SPECIALTY i J NYS HISTORIC NEWSPAPERS "Alt . - Empire:State NNYLN UbmryNetwork The Long Island Traveler, Mattituck Watchman, 20 May 1954 — Page 12 Fifty Years Ago j M,m lb-Dw d Th teet roled W I Drasrntt0 all r.0:.mddrnts cho took, i e1DRld w othQ andlfLh }rom tom hl 1) aatero. of Prank E H[Oegeke was enpaC4 as u DrIacID01 at the Eoathdd tlnton&Aaoi Otl 1w the =Ulm Sear. 11! Henry Jewell rented Mo.btety Va.atl Iona''.hODae®Hel=th A- is nary R Vah au painting tho llgh4 ,i b—.. fm ©twl.E.Terry cmght 10 tined 0[h- a eakltil[lu hls pound dp d0 Privacy-Terms BOARD MEMBERS rV SO �® Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �O� Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento C®U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 MEMO RECEIVED TO:' Planning Board MAY 0 8 2024 Sout o Town FROM: Leslie K. Weisman, ZBA Chairperson 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 Preparer of Survey: John C. Ehlers, Land Surveyor Thank you. Encls. tp \ ' . �- ": .., - `,\�^•.J' -. '�r'ye��\ 2 \a\ � ' '... `` ram. � \s `\ OF P, Nb el10 �' ry .e/ /�� ps'�� \ \ X \ 5 � $ + ��, 5R• 1ym \ q1 �s �:Qi w\ G� \-. 00 `✓' -.ram' i e+ `\ \\ �s 2 �cE \ \ `� � \ \ p� 'a. / '� 2 � - (\" 50 \ °' \ job »i ♦ 2P \92\ \ \e 2 �,�, •�.�\ bil ;� \ � r /0y A�\`1}�@ a \a\ \ � "`/ \cP�\ \ sp \ % / ,`�°�� 'yG;(\\\111Q ,; \ \ \ .//�Q. '1" 3. W 1- y'% \•L�'U 9 3'` Nam! �J` / \\ 5 1`�,is �p\N \y \ l� \✓a \S O .... �17 z ° 111014 F\assGNJ�Ft�\Nso \\ J `t Dn I', L-Lc l000 , lob , —Ib t / nrl Aa.n]w wiw 23 y afmnm One L o— r FeJ Ny Le Uro ——————- Cel°.NmElum 121 A(C) Ilx 6OPnJn La Na 1,a1 MMuem v �4Y] � ____ s�eatlwyw. (21) bu+eO•wem ,], �a5