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HomeMy WebLinkAboutJustin Mirro - 3850 Alvahs Lane LLC & Cutchogue Vineyard LLC TOWN OF SOUTHOLD RECEIVECti :, 059 AUG 2 1 025 BUILDING DEPARTMENT NOTICE OF DISAPPROVAL ZONING BOARD OF APPEALS DATE: August 1,2025 TO: Justin Mirro(3850 Alvahs Lane LLC & Cutchogue Vineyard LLC) 3 Greenacre Court Great Neck,NY 11021 Please take notice that your application dated July 3,2025: For a permit: for a lot litre change at: Location of property: 3850 & 4050 Alvahs Lane Cutcho ue,bl'' County Tax Map No. 1000—Section 102 Block 4 Lot 3_4 & 10 Is returned herewith and disapproved on the following grounds: The proposed lot line chan e on this nonconformina 24,888 st.ft. lot in the AC District lot 3.4 land conformirr 1h21a5 sq. lI. lot in the AC District lot l fl is raot ermined ursuant to Article Ill Section 280-14, which states, No lauildin or remises shall be used aatd no buildin or art t ereofhall he erected or altered in the AC district unless the same conforms to the re uirernents of the Bulk Schedule and of the Arkinp Schedule, with the same force and effect as if such re ulation were set forth herein in full. Pro Deed Lot 1 Lot 34 -Bulk Schedule re it°es a minimum lot size of M 000 s tire feet lot width o 175 feet and lot depth of"250 feet. Following the PLO-posed lot line chan e Lot 1 will be non-conformwn meas riniz 24.888 s uare feet with a lot width of 5.31 fleet and a lot de th of 231.92 feet:. Add"rtionall the ro Deed lot Tine charte re mires a royal frorn the Southold.Town Planning Board. Authorize re Note to Applicant: Any change or deviation to the above referenced application,may require further review by the Southold Town Building Department. CC.ZBA, Planning,file RECEIVED AUG 21 2025 COS1 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ?ems" AREA VARIANCE ZONING BOARD OF APPEALS House No. 4050 StreetA Iv As Ln Hamlet e U tAA4� 3•`� t 1 �w •Elr "�- SCTM 1000 Section: 107, Block: ,Lot(s) Lot Size: 7 ' ylou I(WE) APPEA fHE WRITTEN DETERMINATION OF THE BUILDING I SPECTOR DATED ` I Z<' BASED ON SURVEY/SITE PLAN DATED ` 4 Owner(s): :Kwj 4,w 1*+ 4U. Mailing Address: Ne Telephone: " -UZ-511 "Fax: Email: ��Lo )4 m;4 .�.tom' 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: for( ) Owner( ) Other: Address: Telephone: Fax: Email: Ple se check to specify who you wish correspondence to be mailed to,from the above names: ( Applicant/Owner(s), ( )Authorized Representative, ( ) Other Name/Address below: WHEREBY THE PUILDING INSPECTOR REVIEWED SURVEY/SITE P A;N DATED ul f: Z<—_ and DENIED AN APPLICATION DATED 7 ?1 FOR: Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction (� Other: 4- . Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: 1S. Section: 0-1 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 Other A prior appeal ( ) has,Whas not been made at any time with respect to this properly, UNDER Appeal No(s). Year(s). , (Please be sure to research before completing this question or call our office for assistance) RECEIVED Page 2, Area Variance Appilcation Revised 6/2023 AUG 21 2025 REASONS FOR APPEAL ZONING BOARD OF APPEALS (Please be specific,additional sheets may be used with preparer's signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: e I 0 io V I.' t 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: r 3. The amount of relief requested is not substantial because: r 0 %"pA�4 O� 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: , /Vo 1I/S/ ' 5. Has the alleged difficulty been self created? ( } Yes, or XNo Why: « Are there any Cove ants or Restrictions concerning this lan m 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 COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Signatur I" plicant or Authorized Agent (Agent t submit written Authorization from Owner) Swor to be'oi me this day Kim E rates of_ 20d\ Notary Public,State of New York Qualified in Suffolk County LIC.#01WFU4811709 Notary P blic Commission E it S A r11 e Zoning Board of Appeals RECEIVED APPLICANT'S PROJECT DESCRIPTION AUG z 1 2025 APPLICANT: V V' I rvv SCTM No. BOARD ARD Pl' ALS 1. For Demolition of Existing Building Areas Please describe areas being removed: i _. II.New Construction Areas(New Dwelling or New Additions/Extensions): �1�o�� Dimensions of first floor extension: /v 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 (a round) 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: — Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: _ IV. Calculations of building areas and lot coverage,sky plane(From Surveyor, Design Professional): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area(lot coverage) dross Iwloor Areal of single family dwelling including the attached garage and/or ha "' ble detached accessory structure: (Please refer to Chapter 280, Section 280-207 of the Town Code): For Residential lots, is project within the allowable Sk. Pie?(Please refer to Chapter 280, Section 280-208 of the Town Code): V.Purpose of New Construction: 0 VI. Please describe the land contou flat, pe %, 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: Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. �) Revised 6/2023 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A., Is the subject premise, currently listed on the real estate market for sale? AUG 2 � 2025 do Yes No lo B. W ere any proposals to change or alter land contours? ZONING BOARD OF APPEALS No Yes, please explain on separate sheet. C, 1.) Are there areas that contain sand or wetland grasses? NO 2.) Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? 6 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? E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? 117 _ 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? 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, 1410 H. Do you or any co-owner also own other land adjoining or close to this parcel? 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 (examples:existing single family,proposed:same with garage,pool or other) Auth i' d signature Date TOWN OF SOUTHOLD, NEW YORK DATE.F,eb,, ll 1979 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2505 Dated December 20, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To John E. and Gail M. Lademann Appellant Pine Neck Road Southold New York 11971 (Abiqwa>_1 A. Wickham, as Attorne }„ ,�w_ww—.. at a meeting of the Zoning Board of Appeals on January 11, 1979 the appeal was considered and the action indicated below was taken on your �C ( ) Request for variance due to lack of access to property RECEIVED ( ) Request for a special exception under the Zoning Ordinance (X Request for a variance to the Zoning Ordinance AUG 2 1 2025 t 1. SPECIAL EXCEPTION.By resolution of the Board it was determine AP LB granted ( ) be denied pursuant to Article ................. Section ...................VSubsection paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8.15 P.M. (E.S.T.) Upon application of John E. and Gail M. Lademann, Pine Neck Road, Southold, New York (Abigail A. Wickham, as Attorney) , for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient area and frontage. Location of property: Alvah's Lane, Cutchogue, New York, bounded on the north by Remski; east by Long Island Vineyards, Inc. ; west by Alvah's Lane; south by Blachly. 2. VARIANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( } be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. VEa SEE REVERSEm Z NINO BOARD OF APPEALS FORM ZB4 C( �frin ( Of After investigation and inspection the Board finds that the applicant has a parcel of land consisting of 1.2 acres of land. They wish to divide the parcel into two parcels, one of which will contain 24,888 square feet and the second one will contain 24,887 square feet. Both parcels will have approximately 126 feet of road frontage. The findings of the Board are that this will not effect the area because of the size of the existing lots in the area. It is only fair to permit these two lots to be created since each of them will be 20 to 25 percent larger than the lots to the north and south of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and the same use district and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED that John E. and Gail M. Lademann, Pine Neck Road, Southold, New York, be GRANTED permission to divide property with insufficient area and frontage. Location of property: Alvah's Lane, Cutchogue, New York, bounded on the north by Remski; east by Long Island Vineyards, Inc. ; west by Alvah's Lane; south by Blachly Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. RECEIVED �D� AUG 21 2025 ZONING BOARD OF APPEALS LATE Town Cl_erk ..._ of Sr,&Lold RECEIVED AGRICULTURAL DATA STATEMENT AUG 2 1 202560,,-5� ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: 11-,ro _ - 2. Address of Applicant:—,I 3. Name of Land Owner(if other than Applicant): 4, Address of Land Owner: 5. Description of Proposed Project: �- 6. Location of Property: (Road and Tax map Number) Sa 4oS-0Arl-V AkS ..�%N_, tc0o&VC 7. Is the parcel within 500 feet of a farm operation? {,A Yes { } No 8. Is this parcel actively farmed? { } Yes * No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS JO 3. lrt. w � 3 �►ca. a- - ...( fA/r -1 wzi ""J €9l a. 10 ��.__..� — Vim! . 3 V� .....�.. .. 1. 6P 11 5...l ......- �y...'..` ............. wr► S0$ �?c 'Z c I t 4'2.. 6. (Please use the back of this page if there are additional property owners) ...._... . .�...... ....... Signature f pplicant Date Note: 1. The k cal Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. RECEIVED APPLICANT/6� AUG 2 1 2025 TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the art of town offices s N� f this form is to provide information which can alert the town of possible conflict of interest and allow it to take whatever action as necessary to avoid same. YOUR NAME : Pq (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling, parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship" includes by blood, marriage,or business interest."Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A) through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) Q an officer,director,partner,or employee of the applicant; or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this y of „;20 Z Signature r Print Name RECEIVED easy AUG 21 2025 OPERATING AGREEMENT ZONING BOARD OF APPEALS OF 3850 ALVAHS LANE LLC This Operating Agreement dated as of May 23,2024(this"Agreement")is between 3850 Alvahs Lane LLC, a New York limited liability company(the"Company"), and Elizabeth G. Mirro a/k/a Elizabeth E. Grolnick,as trustee of the Kensington Capital Trust U/AID 6/27/20(the"Member"). The Member is forming,and becoming the sole member of,the Company, and desires to provide herein for the management and the conduct of the business and affairs of the Company. Accordingly,the parties agrees as follows: Article I Formation Section 1.1 Formation. The Company was formed as a limited liability company under the New York Limited Liability Company Law(the"NYLLCL"),upon the filing of the Company's articles of organization with the Department of State of New York. Section 1.2 Admission of Meml cr Ca ital Contri uti�ons. By executing this Agreement,the Member is being admitted as the sole Member of the Company,all upon the terms and subject to the conditions set forth in this Agreement. Simultaneously with the execution of this Agreement,the Member is contributing$100 to the capital of the Company, in exchange for all of the Company's membership interests. Except as expressly provided in this Section 1.2, the Member shall not be required to,but may in his sole discretion,make capital contributions or lend or advance funds or property to the Company for any purpose whatsoever. Section 1.3 Purpose. The purpose of the Company is to engage in any lawful business as the Manager(as defined below) may determine,and perform any activities incidental thereto. Article II Distributions and Allocations Section 2.1 Distributions. The Company shall make distributions of cash or other property to the Member at such times and in such amounts as the Member may determine. Section 2.2 Allocation of Pro- 11 and Loss. All profit or loss of the Company for each period shall be allocated to the Member. Article III Fiscal Matters Section 3.1 Tax Returns. The Company shall prepare and file, or shall cause to be prepared and filed, all tax returns required to be filed for the Company. All other tax and all accounting decisions and elections required or permitted to be made by the Company under applicable law shall be made by the Manager. RECEIVED AUG 21 2025 904 Section 3.2 Disregarded Entity. The Member intends that the GZ"WG kmNubgWas a disregarded entity for United States federal income tax purposes. EALS Article IV Administration Section 4.1 Management c. th_e C'om arsat;�,. The Manager shall have the full right,power and authority to manage all of the business, assets, affairs and operations of the Company, with all rights and powers and the full authority necessary, desirable or convenient to administer and operate the same and to make all decisions and do all things necessary or desirable in connection therewith. The"Manager" shall be Justin Mirro or such other person as shall be designed by the Member by amending and restating this Agreement. Section 4.2 Limitation of Liabffily. Except to the extent required by law,neither the Member nor the Manager shall be liable to the Company any loss,damage, liability, obligation, fine,claim, action, suit,proceeding, demand,expense,tax or similar item,or any attorney fees relating to any of the foregoing(collectively,"Damages")suffered or incurred by any person on account,or by reason, of any claim based on or arising from, any act taken or omitted to be taken in the course of representing or performing services for the Company. Section 4.3 Indemnification. The Company will to the fullest extent permitted by law indemnify the Member and the Manager and hold them harmless from and against all Damages suffered or incurred by either of them in the course of serving in any office of,or otherwise representing or acting for or on behalf of the Company. Article V Dissolution and Li uidation Section 5.1 Dissolution. The Company shall be dissolved upon the first of the following events to occur: (a) the determination of the Manager; or (b) the entry of a judicial decree of dissolution of the Company pursuant to the NYLLCL. Section 5.2 Liquidation. (a) Upon a dissolution of the Company, the Manager shall take or cause to be taken a full account of the Company's assets and liabilities as of the date of such dissolution and shall proceed with reasonable promptness to liquidate the Company's assets and to terminate its business and affairs. The Company's assets,or the proceeds from the liquidation thereof, shall be applied in cash or in kind in the following order: (i) to creditors(including the Member or the Manager if either is a creditor)(other than on account of their capital accounts)to the extent otherwise permitted by applicable law in satisfaction of all liabilities and obligations of the Company,including expenses of the liquidation; (ii) to the establishment of such reserves for contingent liabilities of the Company as are deemed necessary or desirable by the Manager;provided,however, that such reserves shall be held in escrow for the purpose of disbursing such reserves for the payment of such contingent liabilities and, at the expiration of such period as the Manager may reasonably deem advisable, 2 RECEIVED AUG 21 2025 669 ZONING BOARD OF APPEALS for the purpose of distributing the remaining balance in accordance with subparagraph(iii)below; and (iii) to the Member. (b) Following the liquidation of the Company,the Manager shall within the time period specified by the NYLLCL file articles of dissolution with the Department of State of New York. Article Miscellaneous Section 6.1 Governina Law. This Agreement shall be governed by,construed, interpreted and enforced in accordance with the laws of the State of New York that apply to contracts made and performed entirely within such State. Section 6.2 Severability. The provisions hereof are severable and in the event that any provision of this Agreement shall be determined to be illegal,invalid or unenforceable in any respect by a court of competent jurisdiction, the remaining provisions hereof shall not be affected, but shall,subject to the discretion of such court,remain in full force and effect, and any illegal, invalid or unenforceable provision shall be deemed,without further action on the part of the parties hereto,amended and limited to the extent necessary to render such provision, as so amended and limited, legal,valid and enforceable. Section 6.3 Binding,Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and permitted assigns. This Agreement is not intended,and shall not be deemed,to create or confer any right or interest for the benefit of any person not a party hereto. Section 6.4 Titles and C Laptions. The titles and captions of the Articles and Sections of this Agreement are for convenience of reference only and do not in any way define or interpret the intent of the parties or modify or otherwise affect any of the provisions hereof and shall not have any affect on the construction or interpretation of this Agreement. Section 6.5 ntr . This Agreement constitutes the entire understanding and agreement among the parties hereto with respect to the subject matter hereof and supersedes all prior and/or contemporaneous understandings and agreements,relating thereto(written or oral) all of which are merged herein. [The next page is the signature page] 3 The parties have executed and delivered this Operating Agreement as of the date first written above. 3850 ALVAHS LANELLC:` By. . Nan Justin Mirro Ti tl Manager Elizabeth G.Mirro aWa Elizabeth E.Grolnick, as trustee of the Kensington Capital Trust U/A/D 6/27/20 0 RECEIVED AUG 21 2025 ZONING BOARD OF APPEALS NEW YORK STATE DEPARTMENT OF STATE DIVISION OF CORPORATIONS, STATE RECORDS AND UNIFORM COMMERCIAL CODE FILING RECEIPT RECEIVED i3o:o AUG 21 2025 ENTITY NAME : 3850 ALVAHS LANE LLC DOCUMENT TYPE : ARTICLES OF ORGANIZATION ZONING 99ARD OF APPEALS ENTITY TYPE : DOMESTIC LIMITED LIABILITY COMPANY •• of NEW*** DOS ID : 7335697 FILE DATE : 05/23/2024 FILE NUMBER: 240523001548 TRANSACTION NUMBER: 202405230001723-3282442 EXISTENCE DATE : 05/23/2024 "• DURATION/DISSOLUTION: PERPETUAL :� " COUNTY: ALBANY •""V1 ` • • ANT •,. SERVICE OF PROCESS ADDRESS : UNIVERSAL REGISTERED AGENTS, INC., 10 COLVIN AVENUE, SUITE#101, ALBANY,NY, 12206,USA ELECTRONIC SERVICE OF PROCESS EMAIL ADDRESS : N/A REGISTERED AGENT : UNIVERSAL REGISTERED AGENTS, INC. 10 COLVIN AVENUE, SUITE#101, ALBANY,NY, 12206,USA FILER: CAROL REMY,ESQ. C/O HUGHES HUBBARD&REED LLP,ONE BATTERY PARK PLAZA, 13TH FLOOR NEW YORK,NY, 10004,USA You may verify this document online at: hap:17ecolge'losmV20V AUTHENTICATION NUMBER: 100005787132 TOTAL FEES: $210.00 TOTAL PAYMENTS RECEIVED: $210.00 FILING FEE: $200.00 CASH: $0.00 CERTIFICATE OF STATUS: $0.00 CHECK/MONEY ORDER: $0.00 CERTIFIED COPY: $10.00 CREDIT CARD: $210.00 COPY REQUEST: $0.00 DRAWDOWN ACCOUNT: $0.00 EXPEDITED HANDLING: $0.00 REFUND DUE: $0.00 STATE OF NEW PORK $.1`d3ddV=10 Cl,&408 ONINOZ DEPARTMENT OF STATE J M 5zoz 4 z gnd 10 Certificate of Status Q3AI303a 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: CUTCHOGUE VINEYARD LLC DOS ID Number: 6386026 Entity Type: DOMESTIC LIMITED LIABILITY COMPANY Entity Status: EXISTING Date of Initial Filing with DOS: 01/26/2022 Statement Status: CURRENT Statement Due Date: 01/31/2024 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, •• • N�• • at the City of Albany,on May 23,2022 at 01:46 P.M. • r , .rr • ROBERT J.RODRIGUEZ, Secretary of State r ; • w • w 1 w�^ • • • • r^�i1 � m to '- • ••" � •• By Brendan C.Hughes •• N • .*• Executive Deputy Secretary of State Authentication Number: 100001607897 To Verify the authenticity of this document you may access the Division of Corporation's Document Authentication Website at NEW YORK STATE DEPARTMENT OF STATE DIVISION OF CORPORATIONS, STATE RECORDS AND UNIFORM COMMERCIAL CODE FILING RECEIPT REGE'VEL� ENTITY NAME : CUTCHOGUE VINEYARD LLC AUG 2 1 2G25 DOCUMENT TYPE : ARTICLES OF ORGANIZATION ENTITY TYPE : DOMESTIC LIMITED LIABILITY COMP151ONG BOAR®®F APPEALS Is0000..wws of NETS DOS ID : 6386026 FILE DATE : 01/26/2022 FILE NUMBER: 220126003639 w TRANSACTION NUMBER: 202201260003714-567033 EXISTENCE DATE : 01/26/2022 DURATION/DISSOLUTION: PERPETUAL : r , 4 v COUNTY : NEW YORK w.www*www• SERVICE OF PROCESS ADDRESS : CHARLES A. SAMUELSON HUGHES HUBBARD&REED LLP, ONE BATTERY PARK PLAZA 13TH FL NEW YORK,NY, 10004,USA FILER: CHARLES A. SAMUELSON HUGHES HUBBARD&REED LLP,ONE BATTERY PARK PLAZA 13TH FL NEW YORK,NY, 10004,USA You may verfiy this document online at: h1t //eco ,d(?- ov AUTHENTICATION NUMBER: 100000982372 TOTAL FEES: $210.00 TOTAL PAYMENTS RECEIVED: $210.00 FILING FEE: $200.00 CASH: $0.00 CERTIFICATE OF STATUS: $0.00 CHECK/MONEY ORDER: $0.00 CERTIFIED COPY: $10.00 CREDIT CARD: $210.00 COPY REQUEST: $0.00 DRAWDOWN ACCOUNT: $0.00 EXPEDITED HANDLING: $0.00 REFUND DUE: $0.00 Y RECEIVED ARTICLES OF ORGANIZATION AUG 21 2025 OF CUTCHOGUE VINFYARD LLC ZONING BGARD OF APPEALS Under Section 203 of the Limited lability Company Law FIRST: The Name of the limited liability company is: CUTCHOGUE VINEYARD LLC SECOND: The county, within this state, in which the office of the limited liability company is to be located is NEW YORK THIRD: 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: CHART FS A. SAMUELSON HUGHES HUBBARD & REED LLP ONE BATTERY PARK PLAZA 13TH FL NEW YORE, NY 10004 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. CHARLES A. SAMUELSON (Signature) ------------------------------------------------------------- CHART FS A. SAMUELSON, ORGANIZER HUGHES HUBBARD & RE® LLP ONE BATTERY PARK PLAZA 13TH FL NEW YORK, NY 10004 Filed by: CHARLES A. SAMUELSON HUGHES HUBBARD & REED LIT ONE BATTERY PARK PLAZA 13TH FL NEW YORK, NY 10004 RECEIVED STATE OF NEW YORK DEPARTMENT OF STATE Aug 2 t 2025 ZONING BOARD OF APPEALS I hereby certify that the annexed copy for CUTCHOGUE VINEYARD LLC, File Number 220126003639 has been compared with the original document in the custody of the Acting 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, Of NEB ., on January 26, 2022. 44 `'. ' `� ,N,t, Brendan C. Hughes `9106•6000*''` Executive Deputy Secretary of State Authentication Number: 100000982373 To Verify the authenticity of this document you may access the Division of Corporation's Document Authentication Website at U v RECEIVED ARTICLES OF ORGANIZATION AUG 21 2025 OF CUTCHOGUE VINEYARD LLC Under Section 203 of the Limited Liability Company LaVZONING BOARD OF APPEALS FIRST: The Name of the limited liability company is: CUTCHOGUE VINEYARD LLC SECOND: The county, within this state, in which the office of the limited liability company is to be located is NEW YORK THIRD: 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: CHARLES A. SAMUELSON HUGHES HUBBARD & REED LLP ONE BATTERY PARK PLAZA 13TH FL NEW YORK, NY 10004 1 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. CHARLES A. SAMUELSON (Signature) ------------------- CHARLES A. SAMUELSON, ORGANIZER HUGHES HUBBARD & REED LLP ONE BATTERY PARK PLAZA 13TH FL NEW YORK, NY 10004 Filed by: CHARLES A. SAMUELSON HUGHES HUBBARD & REED LLP ONE BATTERY PARK PLAZA 13TH FL NEW YORK, NY 10004 Filed with the NYS Department of State on 01/26/2022 Filing Number:220126003639 DOS ID:6386026 RECEIVED OPERATING AGREEMENT AUG 21 2025 OF ZONING BOARD OF APPEALS CUTCHOGUE VINEYARD LLC This Operating Agreement dated as of January 26,2022(this"Agreement")is between Cutchogue Vineyard LLC,a New York limited liability company(the"Company"),and Kensington Real Estate Holdings LLC(the"Member"). The Member is forming,and becoming the sole member of,the Company,and desires to provide herein for the management and the conduct of the business and affairs of the Company. Accordingly,the parties agrees as follows: Article I Formation Section 1.1 Formation. The Company was formed as a limited liability company under the New York Limited Liability Company Law(the"NYLLCL"),upon the filing of the Company's articles of organization with the Department of State of New York. Section 1.2 Admission of M nbgr C ital ant 'bution By executing this Agreement,the Member is being admitted as the sole Member of the Company,all upon the terms and subject to the conditions set forth in this Agreement. Simultaneously with the execution of this Agreement,the Member is contributing$100 to the capital of the Company, in exchange for all of the Company's membership interests. Except as expressly provided in this Section 1.2,the Member shall not be required to,but may in his sole discretion,make capital contributions or lend or advance funds or property to the Company for any purpose whatsoever. Section 1.3 Purpose. The purpose of the Company is to engage in any lawful business as the Member may determine,and perform any activities incidental thereto. Article II Distributions and Allocations Section 2.1 Distributians. The Company shall make distributions of cash or other property to the Member at such times and in such amounts as the Member may determine. Section 2.2 A i n f P ofit and Los . All profit or loss of the Company for each period shall be allocated to the Member. Article III Fiscal Matters Section 3.1 Tax geturns. The Company shall prepare and file,or shall cause to be prepared and filed,all tax retums required to be filed for the Company. All other tax and all accounting decisions and elections required or permitted to be made by the Company under applicable law shall be made by the Member. RECEIVED AUG 21 2025 Q 'PEALS Section 3.2 L?isre aided E it . The Member intends that the Coii��� a ayIiaracten e as a disregarded entity for United States federal income tax purposes. Article IV Adrnin'stration Section 4.1 Management of the Company. The Member shall have the full right,power and authority to manage all of the business,assets,affairs and operations of the Company,with all rights and powers and the full authority necessary,desirable or convenient to administer and operate the same and to make all decisions and do all things necessary or desirable in connection therewith. Section 4.2 Limitation gELdghft. Except to the extent required by law,the Member shall not be liable to the Company any loss,damage, liability,obligation,fine,claim,action,suit,proceeding, demand, expense,tax or similar item,or any attorney fees relating to any of the foregoing(collectively, "Damages")suffered or incurred by any person on account,or by reason,of any claim based on or arising from,any act taken or omitted to be taken in the course of representing or performing services for the Company. Section 4.3 ndemn cati . The Company will to the fullest extent permitted by law indemnify the Member and hold him harmless from and against all Damages suffered or incurred by him in the course of serving in any office of,or otherwise representing or acting for or on behalf of the Company. Article V Dissolution and Liquidation. Section 5.1 l i so tgtigA. The Company shall be dissolved upon the first of the following events to occur: (a) the determination of the Member; or (b) the entry of a judicial decree of dissolution of the Company pursuant to the NYLLCL. Section 5.2 Laton. (a) Upon a dissolution of the Company,the Member shall take or cause to be taken a full account of the Company's assets and liabilities as of the date of such dissolution and shall proceed with reasonable promptness to liquidate the Company's assets and to terminate its business and affairs. The Company's assets,or the proceeds from the liquidation thereof,shall be applied in cash or in kind in the following order: (i) to creditors(including the Member if he is a creditor)(other than on account of their capital accounts)to the extent otherwise permitted by applicable law in satisfaction of all liabilities and obligations of the Company,including expenses of the liquidation; (ii) to the establishment of such reserves for contingent liabilities of the Company as are deemed necessary or desirable by the Member; rod vided„however,that such reserves shall be held in escrow for the purpose of disbursing such reserves for the payment of such contingent liabilities and,at the expiration of such period as the Member may reasonably deem advisable,for the purpose of distributing the remaining balance in accordance with subparagraph(iii)below; and 2 - , RECEIVED AUG 21 2025 ZONING BOARD OF APPEALS (iii) to the Member. (b) Following the liquidation of the Company,the Member shall within the time period specified by the NYLLCL file articles of dissolution with the Department of State of New York. Article Miscell@meous Section 6.1 Qgverw Law. This Agreement shall be governed by,construed,interpreted and enforced in accordance with the laws of the State of New York that apply to contracts made and performed entirely within such State. Section 6.2 Severability. The provisions hereof are severable and in the event that any provision of this Agreement shall be determined to be illegal,invalid or unenforceable in any respect by a court of competent jurisdiction,the remaining provisions hereof shall not be affected,but shall,subject to the discretion of such court,remain in full force and effect,and any illegal, invalid or unenforceable provision shall be deemed,without further action on the part of the parties hereto,amended and limited to the extent necessary to render such provision,as so amended and limited,legal,valid and enforceable. Section 6.3 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives,successors and permitted assigns. This Agreement is not intended,and shall not be deemed,to create or confer any right or interest for the benefit of any person not a party hereto. Section 6.4 Titles and Captions. The titles and captions of the Articles and Sections of this Agreement are for convenience of reference only and do not in any way define or interpret the intent of the parties or modify or otherwise affect any of the provisions hereof and shall not have any affect on the construction or interpretation of this Agreement. Section 6.5 Enti 'e A ee nt. This Agreement constitutes the entire understanding and agreement among the parties hereto with respect to the subject matter hereof and supersedes all prior and/or contemporaneous understandings and agreements,relating thereto(written or oral)all of which are merged herein. [The next page is the signature page] 3 The parties have executed and delivered this Operating Agreement as of the date first written above. CUTCHOGUE VINEYARD LLC By: Kensington Real Estate Holdings LLC Its: Sole Member By: Nar. � rro Titleber KENSINGTON REAL ESTATE HOLDINGS LLC By:___ . :�a�iac• Justin Mirro `ritl Sole Member RECEIVED / r �- AUG 21 2025 ZONING BOARD OF APPEALS 86!;7617.20 RECEIVED Appendix B AUG 21 2025 Short Environmental Assessment Form Instructions for Comgleting ZONING BOARD OF APPEALS Part I -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part I -Project and Sponsor Information Name of Action or Project: L�- �C Project Location(describe,and attach a 'cat'ion map): 3 w 40 uia, Lot,. Cu Brief Description of Proposed Action: low-WaWL Name of Applicant or Sponsor: Telephone: b�(6.3 cb 2.• �� S E-Mail: " Address: City/PO: State: Zip Code: A— Af (L- A y (0-z 1 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 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: 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned 0-4 or controlled by the applicant or project sponsor? _acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑ Urban ORural(non-agriculture) ❑Industrial ❑ Commercial *Residential(suburban) ❑ Forest Agriculture ❑ Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 RECEIVED 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? IV I b.Consistent with the adopted comprehensive plan? ZONING BOARD OF APPEALS x 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? ?4 c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 14 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 0 41 e— 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 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? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: n rT y 14. Identify the typical habitat types that occur n,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest occur ❑Early mid-successional ❑ Wetland ❑Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ,riNO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? �t If Yes,briefly describe: ❑NO❑YES , Page 2 of 4 18.Does the proposed action include construction or other activities that result inodWE#ment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: elo tj 19.Has the site of the proposed action or an adjoining property been the location�f v6 jprA*PCiNLS NO YES solid waste management facility? ZONING 8�� If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: KI I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE .pplicantlspon r nam : ' + late: Signature: Part 2-Impaet 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 I 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 I. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 04 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? w 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available ener conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIVED AUG 21 2025 1 smallr olargee impact impact may may ZONING BOARD OF APPEALS occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 4/ 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration, irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 80�3850 Alvahs Lane, Cutchogue RECEIVED AUG 21 2025 BOARD OF APPEALS I r !� I M ;1 r 4050 Alvahs Lane, Cutchogue 8,0,5cl RECEIVED UG 21 2025 j4GN U � O 'RD OF APPEALS c� s! yF, la DI fhINyVI'II��� a TOWN OF SOUTHOLD PROPERTY REC D 1 vt OWNER STREET VILLAGE SUB. LOT A veil s law FORMER OWNER N E ACR. 1 ,V� !:n% 572 -J! -5- W TYPE OF BUILDING S 4 ra RES. SEAS. VL. 3// FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS f 2 4 2 :3;�o 0 Uj 0 I> X 0 cm > Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH TOVVeN OFSOUT190 House Plot BULKHEAD 6 Total - - - 4 COLOR TRIM E f , , , s A t , 3 • i e I � — o F Ll _ p a a , , s a s — — L4 M. Bldg. Extension Z G I ' E l I 1 € pp I Z Extension I _ I t F - ,z7Exension „c jFo�n at€onOa Bath o Dinette Porch - I Basement - Floors f K. Porch - - "Ext. VMIIs ! -- Interior Finish r LR. Breezeway ? lrire PlaceFs,j DR. Garage Type Roof Rooms lst Floor I BR. Z Jri� you Patio _ Recreation Room Rooms Ind Floor ! FIN. B O. B. 1 a ,`'Dormer t Driveway .. — ' m rn Total K I i r - - tZ � � J U) 101:2-24.5 RECEIVED R Satur Paulette Mueller Eberhard AUG 21 2025 3705 Alvahs Ln Cutchoque, NY 11935 ZONING BOARD OF APPEALS 101.-2-24.6 Satur Paulette Mueller Eberhard 3705 Alvahs Ln Cutchoque, NY 11935 102:4-10 Cutchoque Vineyard LLC 3 Greenacre Ct Great Neck, NY 11021 101.-2-21.3 Cutchoque Vineyard LLC 3 Greenacre Ct Great Neck, NY 11021 109.-1-24.4 Macari Farms Cutch LLC tl PC Box 2 Mattituck, NY 11952 RECEIVED i AUG 21 2025 _ ZONING BOARD OF APPEALS __ _ v � .w SITE DATA X OWNERS � .- �` .,..•. � _ scrww wmwa.aA auouv,wsace _ LERTAiN AREAS ._ Aamwwmunow _Hart ama = AunwasouaoarvA nn.e _•' r t ' SURVEYOR'S CERTlFILATION PROP05EDLOT2 3.]395 AL(162,6]55F) _�. LdiiSf M �a a � ggaa F { SURVEY FOR KENSINGTON REAL ESTATE HOLDINGS,LLC fIVaT Lwlcho ,Town a 5aothuld z PROPOSED LOT - SRffalkkQ h New Yask 057I3 AL(29,RRB SFJ i LOT v,ATI� '3 _ _ - .4 � LE6EN�D � e Record of Revisions "'°1°was nv w .amxmEsaxn .-. � �n •wowuuT . ._ �, a. Y uu ,efuu•ru a Sml:1' LOCATION MAP srAu.i•m \ - �``'$- -sronwuscarpu .,.s� =40` t /