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HomeMy WebLinkAbout7162 Office Location: *o� SUUTyolo Mailing Address: Town Annex/First Floor,Capital One Bank 053095 Main Road 54375 Main Road(at Youngs Avenue) CA P.O. Box 1179 Southold, NY 11971 ® COQ Southold, NY 11971-0959 100um,Nc� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 COVER SHEET WITH ZBA FILE STATUS OF FILE n ZBA# -7 //a o� Name : Fiskt 5 Sl[Five st -r CzyApp. ll !-LG Tax Map #: 1 per.— /0-7—3 Location : m ayt-"IC .4-,�e TiSkelyS I Aat4 [ ] Refund issued : CANNOT activate or reactivate file (Applicant has withdrawn application). [ ] 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.) ---------------- ----------------------------------------------------------------------------------------- I �'1 S 1�PiVS ����11-d SU✓� �6�►1, �-� lo �i s hw5 S u m sh,ac 4 7 3 `1!(02 /Yla� cz,j�e ►n�s -fa a o ex r ch nj� `� - t?�'IN i 6 � , . a-ppll�� � d�v�llr wt ll �. � oumer o"ek - 45US&-7 x( Se.c A?go--f R �eeed'�s� low, CHECK BOXES AS COMPLETED ( ) Tape this form to ouj�iriA n.f__f" ( ) Pull ZBA copy of ND ; D n D O ( ) Check file boxes for K l C CL ( ) Assign next number v, ! �n outside of file folder o ( ) Date stamp entire o I mT -ucnw � .� file number 3 X 3 o � w � N , ( ) Hole punch entire of 0) (D� � o m (n —, 0) 3 (D = Cn (before sending to T c� G, � ,�- i ( ) Create new index ca ° co o cn r D c 3vN � < �. ( ) Print contact info & 3 o co _ 3 m ( )-Prepare transmittal (D 0) A r. = o i o o M A' ( ) Send original applic; c@ C3 r— to Town Clerk 3 � n v ( ) Note inside file fold and tape to inside o 0 ( ) Copy County Tax Mi 'n neighbors and AG Ic c� ( ) Make 7 copies and I ( ) Do mailing label rn N a//a/I Co Pe a/1al► a - �10 P�,Io2S �,� 174 NZA-uWJ NbAc.,2 MATTHEV,� S & HAM ATTOF EYS AND GOUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPtON, NEw YORE 11988 PHILIP B .MATTHEWS G()1--9U2) 831-283-2400 PAGSIMILF. '831-287-1078 STEPHEN L. HwPs, III BARBARA T. HAMe-mail:Matihainesq@:tol.com March 12, 2018, By email to kimf@southoldtownny.gov Ms. Kim Fuentes Town of Southold MAR1 Board of Appeals 4;. 7t7: P. O Box 1179 Southold, NY 11971 Re: Application of Fishers Island Surf Company LLC (SCTM No. 1000-010.00-07.00-003.000) Dear Kim: Further to our conversation:this-morning, I am withdrawing the referenced application at this time due to the anticipated coststhat would-be required in order to meet Building Code requirements for the proposed business Please note your records accordingly. You may discard the materials I sent to you in connection with this application. Since 'the notice for the public: hearing has not yet been published., I am hopeful that you c'an refund.to me the full $1.,000 application fee I submitted last month. Please consider this letter a request for such a refund as well as a formal withdrawal of the application. Thank you for yo.urattention to this matter. Sincerely, f�L Stephen L. Ham, III Original By Regular Mail FORM NO. 3 RECEIVED TOWN OF SOUTHOLD FEB 0 8 2018 BUILDING DEPARTMENT SOUTHOLD, N.Y. ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL, sLAo-'�(,(Izir- 644�,L,, DATE: December 19, 2017 TO: Stephen Ham Wells) 38 Nugent Sti`eet Southampton,NY 11968 Please take notice that your application dated October 27, 2017 For permit to make alterations to an existing three-family dwelling to convert to a two-family dwelling with a retail surf shop at Location of property: Montauk Avenue, Fisher's Island,NY County Tax Map No. 1000 - Section 10 Block 7 Lots 3 Is returned herewith and disapproved on the following grounds: The proposed construction in the Business (B)District is not permitted pursuant to Article XI, Section 280-48., "use regulations", (13)"Two-family dwelling, not to exceed one dwelling on each lot. The dwelling must be occupied by the owner of the property." According to the applicant the dwelling will not be owner-occupied. Furthermore the proposed project will require site plana roval from the South-old Town Planning Board. thoriz d S' ature Cc: File, ZBA, Planning Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. J l� sTcoco C a N oo r � \ / •� O C _ SITE i 1 cz W Q co U b ca 6 .c > \ / Oc ` � •�+ i 0 > coN N 2354.35 ,� Q o POLE W 1077.50 "� , 6 713 MONUMENT co N/F \ -0 M o 00 FOUND A. JOHN GADA \ U C \- 9� 43 � ZONE ..B» 110 C4*!688 \ � U ce OF pgVe �o o� ouv rn MFNI \\ LOT F , ` PER REFERENCE , \ LOCATION MAP SCALE 1 "=400' \\ �\ MAP % _-�-'--_- MAP REFEREICES U i \ ' STONE 1.) MAP OF PROPERTY ON FISHERS ISLAND, NEW YORK, FORMERLY OWNED J i i BY MARTHA E. HOFFERT, NOW BELONGING TO THE SOUTHOLD SAVINGS BANK, RETAINING i JULY 1914- FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF }' WALL �'S . SUFFOLK ON JANUARY 2, 1915 AS MAP # 242. Z �9 ?p, ' �' NOTES Y 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED o w O i �� �� ��' HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO O } BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE z LOT E ,'� ENGAGEMENT. a_ 0 j W O, '/ IPER REFERENCE Q � Li az cP• i ,�' 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, :E MAP �/ �� UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO � = p \ALTER AN ITEM IN ANY WAY. I � z i CONCRETE WALK / i� �'g2 �' 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S � 0- O i SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF 5 Lu 0 — � I� �„Iv SL.,.EYOR. Cn i ✓ / /' i 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC or) _ PO 4E OVERHEAD / O ,' BUILDING SURVEY TRIANGULATION STATION "PROS". (n (n \ UTILITIES _ /OVERHANG LL_ \ -- ---_ W _ Gj F� / �� 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP O 1000, SECTION 10, BLOCK 07, LOT 03. 6.) TOTAL AREA = 16,116± SQ. FT. (0.37± ACRES). w WV /b , , / ^ 7.) BUILDING FOOTPRINT- 1,740± SQ. FT. (n VA? ,y PERCENT OF LOT COVERAGE- 10.8% LL. LOT D 8.) SITE IS IN ZONE "B" PER REFERENCE MAP N/F \ \ % BEACH PLUM LLC N o O "HD' i CONCRETE ZONE ,n F 1T.r .�.� : z I- \ �� \ STEPS '\ _ ' f' \ i p c) Li OVER TILT ESD CONCRETE CURB 4 \ \�� CONCRETE w Z o i STEPS w i MONUMENT FOUND � o \ z \ POLE \715 \ Q ~ � m \ ` Q 00 Irv ,aCN E3 � C5 0 wF w w N/F NOW OR FORMERLY {o"j���UP�P� w m Q Q o0 Li 0/0 OVERHEAD WIRE �� QUALITY CONTROL CERTIFICATION CATCH BASIN DATE: 12/29/2017 GROUP REVIEWED DATE PROJECT MANAGER M l/V WATER VALVE SCALE: 1 = 20 SURVEY WV ENVIRONMENTAL 20 10 o 20SHEET: 1 OF 1 CIVIL STRUCTURAL GRAPHIC SCALE IN FEET PROJECT: #2017835 ARCHITECTURAL s t4_jk(6 COUNTY,OF SUFFOLK S✓l tA— RECEIVED MAR 0 9 2018 ZONING BOARD OF APPEALS lA4JQ Steven Bellone J J3I9 jj O SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment March 5, 2018 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Simon, Thomas #7161 Fishers Surf Shack, LLC #7162 Digenakis (Katina) & Drakopoulos (Konstantine) #7164 Susannah, McDowell #7165 Chloem, LLC #7166 Very truly yours, Sarah Lansdale Director of Planning I Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 r 1 RECEIVED Fee:$ Filed By: Assignment No. FFR O 8 2018 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APJjWE%BOARD OF APPEALS USE VARIANCE House No. 956 Street Montauk Avenue Hamlet Fishers Island 010 0 SCTM 1000 Section Block 7 Lot(s) 003 Lot Size 0.37 acre Zone B , I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED December 19, 20UHASED ON SURVEY/SITE PLAN DATED October 11, 2Q17 Applicant Owner Applicant(s)/Owner(s): FISHERS ISLAND SURF COMPANY LLC: FISHERS SURF SHACK LLC Mailing Address: c/o Matthews & Ham - 38 Nugent Street, Southampton, NY 11968 Telephone: (631) 283-2400 Fax: (631) 287-1076 Email: stevehaml90@gmail.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: Stephen L. Ham, III, Esq. for(X)Owner( )Other: Address: Matthews & Ham, 38 Nugent Street, Southampton, NY 11968 Telephone: (631) 283-2400 Fax: (631) 287-1076 Email: stevehaml90@gmail.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (10 Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED October 11, 2017 and DENIED AN APPLICATION DATED October 22NOR: ( )Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: XI Section: 280-48 Subsection: 13 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 ( )Reversal or Other A prior appeal( ) has, ()) has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our officefor assistance) REASONS FOR USE VARIANCE: An applicant for a use variance MUST demonstrate unnecessary hardship by satisfying ALL of the following four tests: (Please consult your Attorney before completing,attach additional sheets as needed,and submit related documentation as required) 1. The applicant cannot realize a reasonable return, for each and every permitted use under the zoning regulations for the particular zone district where the property is located,as demonstrated by substantial and competent financial evidence because: This issue is not relevant to the existing application where the applicant is seeking to introduce a PERMITTED use and has run afoul of the Zoning Code merely becuse it has a pre—existing nonconforming use, the dggree of nonconformity of which will actually be reduced if the variance is granted. 2. The alleged hardship relating to the property is unique and does not apply to the majority of parcels in the same zoning district or neighborhood because: the current use as a three—family dwelling is nonconforming in this B Zone District. The use sought is a retail store whichiisaa permitted use. Even though the end result will produce a greater degree of conformity, a variance is necessary because the dwelling is not owner—occupied. 3. The requested use variance, if granted,will not alter the essential character of the neighborhood because: thewstructure in which the retail store will be located is in existence ' and the exterior will not be altered. The use sought is a permitted use in this neighborhood. There is an exisiting business across the street. By allowing a business use to replace a residential use, the uses on the property would actually produce less nonconformity in the neighborhood. 4. The alleged hardship has not been self-created because: the applfcant merely wishes to eliminate one nonconforming use and add a conforming one. It is not seeking to legitimize anuse that has been conducted without proper authority. RECEIVED FEB 0 8 2018 In addition to the above standards,the Board of Appeals must also find that: ZONING BOARD OF APPEALS 5. The requested relief is the mimmum relief necessary to avoid unnecessary hardship, while at the same time preserving and protecting the character of neighborhood and the health,safety and welfare of the community because: the variance would actually increase the degree of conformity on this nonconforming (as to use) property. , I 6. The spirit of the ordinance will be observed,public safety and welfare will be secured, and substantial justice will be done because: the use. sought is actually a permitted use under the Zoning Code, there will be review by the Planning Board to assure that public safety and welfare will be secured and justice will be served because the applicant will be allowed to conduct a business in a B Zone without the owner losing the rights to two dwelling units that lawfully pre-exist. 7. A copy of pre-zoning covenants and restrictions recorded in the Office of the Suffolk County Clerk in Liber 983 page 82 is attached hereto. The same are the only covenants and restrictions affecting the subject premises according to Fidelity National Title Insurance Company. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this -1 t6 Stephen L. Ham, III, authorized representative Day of February , 20 18 (Notary Public) ZBA Appl.6/2012 BARBARA T. HAM / Notary Public, State of New York 1 No 02HA5061959 RECEIVED Qualified in Suffolk County Commission Expires August 15, 20 FEB ®8 2018 ZONING BOARD OF APPCALS 31, n"A ?,ti:Y�;i'r}.t ;nrF:};:r,ll.:3,rKc• i,_.er,-�''�`"r ' _ �. `:1 and beirw 8ymw LIZZIE LIh:SL j ;•Y sealedzarid`3e;1'ivEe�3+'' kno�vn and S3g�ned,... ',, :, a SAI AH BIRKS L.S. t p,reae'nce .o ';::AFF', c•. Fishers-71 I `•Fr'ailc :T.Ma l l:ay ;µy ,X; '' '•-.',`'` r `= ronnt of Mercer ss Tae it ;e>;er•.,be:rea R�CEN Savings ;;,Stat'ey. . - _.i, of onr Lord one tho»sa_r9 s t`le 2nd a:�.t the e that on this,-28th.:., ,ry,7oP J _ , my in 1 FEB ® Y 18 pr,.T, ner'•0: wily 1303 niine hundred an,i, nj;r,eteen. befo'e ire a ?Toti yrs pudic c_' llreu r as iia;i,,•d are llc r'x�to�=ZONING BOARD 1 first Pa t?i; ,rife 'ahe I a� MAL5 cap 'eared Isaiah Birks-b� Lizzi.e "ir;t r.a.ic kno'N1 the contents ". of Deed' meni,ioned in the .within indenture -^...1•i. i,r ahOw I - :tbereof,and there�pnn 't:ney ackno.ale-),Pe . t 1?I they i, cj, nlcd :I'll.. .ielivere.i ; to the i ac-0 the ,ieed for t?le n.3e3 part sh ni �nrr•o:ez thereir: ' the same as -their voluntary j expre 3ej;Pal,i the a.ai l Lizzie Birk., mein by me nriv�.o-9ly .x separate ti proper ' ,11 ..'!1 u i:n j,3 E 0.1 e,. '.;Vtb';l iv e r c•i `i•" Tha' t h and apart f.rord her husl an-j acknovie ;d Zt = e ' -� ` as her vnlunta.r;� act o.nd iee,-3 'freely t?i.T,hOU.t 'n'' f{'.a. t..hr,_.tt3 0,' COrJ- a Or Carr the sane j L.S. Fr°:nk T. Mallay 'i:%?=r3; ??O.L:ic Of 14.J. ,,. candle, pulsion of her sa.c•i husb•gn n}� H. Fetter,Clerk t tr0;: ".t; i'.i' ;"3rver 33 I, J. 0the b + < State of ew Jer ey Court and Court of Common �; the sa of the County of Mercer and also Clerk o. the Circuit certify that Pleas.,holden therein,the same being Courts of Recori DO Hereby ar;,' el name is subscribed to the acknowled?mex1t proof or TOGETI whosE Frank T. Mallay E39• _ , part i affidavit of the annexed instrument and thereon nvritiea, is and •''" at in s v e ;;ane a Notary ou':iic in aDd for sa.ii S•a.te.i":yelling � the p+ time o+ ta_.i!'�; th., j i, au by ?`� 7.n.'•= thereof to take part 1County commi:33loned and worn,an. 31J T and inst•rume.rts o." writing �tLle s jthe proofs and e.cknoale ;ment, Of, ,ieeis o.r other i + u3in"cel with the I Harty .affidavits to be reco�ied in said State,and that I and "vel_ acq na ure thereto is ac- 'han•iwriting of said official •.�n•i verily b�.lieve ths.t thc, stb _ f i hand and the seal 0_:0:? genuine. In Test Whereof 3 hs.ve hereunto set ,'r, da,7 of Jan}'.9ry A.D. tof said County an Courts at Trento l,t?.li_.; t venty-e.i;; part �R ,nineteen hundred and nineteen. T .S. John H. FeT,te^ Clerk. ^orde,i ?2 August Tn�9 A F.i. n and i ab o-v. (HO CTS U.S.I.F..S.CAN.) 3�3 ;THIS 1NDENTURE made the fourteenth day of July nineteen hundred and hineteen hun ,a• IBETWEEN SOUTHOLD SAMINGS 13AM( a corporation organized and existing under t_e swc Paws of the State of New York of Southold County of Suffolk and State of• Newunt i at Fishers Island,in 'York peaty of the -second part and LOUIS GRIECO rhsid_ng in, ' r of the sec- }the•Town of Southold County of Suffolk and State of New York na. ty ti Iona pari; WITNESSETH That the party of the first part,in cousi,ce•raticn of Two of of the United States paid by the party lawful money th ,hundred and 00 100 dollars nrt of the second Of the second-part does hereby grant and release unto the p"+ y his•he;i`ra�,and ass ign3 forever. part; 3 situate 1$ing lo"t of t)1038 pieces or parcels .Cdri ,. -,:::.. ..:. . _ :•-� •. rs r{'� _.'Aj.i1j r certain '�, _ ;:;i-•;a: •..t.-: ..•r�:i:J .er: �.:se:i-. ;-,: ..iw!.. ,�,�ir,s=xe: -i ij 4ryftRECENEI) 08 2018; 1 and State of And beine, on Fishbrss Is, land,Towri of Southald Count;,* of Suf fol qoNyNdbOARD oF,4 i Known and designated as Lots E. and F,on a certain, 1-1-sp entitle d' "map of property on -Fishers Island pew Vork formerly owned, ty Martha ETHoffert nowbelonging to the Southold ,AaVing3 Bank 'July 1914tand filed in/the Office of the Clerk of the County of Suffolk On - it he 2nd dthe ay 6f January 1915 as nap nimber 242. being •and intended to be a part of t'.-1y IA. Rrif f ind Referee to party of the A 5 P r e LIJ 3 e 3 described in a certain deed made by Tino first part• and .recorded in the office of the Clerk of the Coiinty of Suffolk in Liber subject second part accepts said conveyance !of' Deed,3! at pare 557. And the party of the to, the following restrictions against nuisances. FIRST That. the sdid,party of the second ;part shall build and maintain all such fences as Shall be jesired or required for the J. proper enclosure of the premises hereby conveyed at own cost and expense. SECOND ThabIth, said, party of the secon-A part will not permit or exec,- or allow to be erected ior carried on the said premises any brtwery,distillery bakery slaughter hou'3e or Soap candle,oil,atarch,varnisb vitriOl,glue,i-1k,t"rPenLine leaT,ac-r or sugar factory or any ot. dangerous.noxiou3 or offensive establish lie imprit or business whatever. THIRD That sell or allow to be cold on the said premises the, said party of,thz- seco. nd part will not Any alcoholic 2pirituous or of any nature or kind *chat never.intoxicating liquors ki I TOGETHER with the appu-rten),nces and, all the estate and rights of the party of the first pari in and!to ' isaid Premieres TO HAVE ANY) TO TIOLDLthe premises herein granted unto . ,the party of the secondpait his heirs and assigns forever. And the party of the first part covenants Ass follows FIRST That the party of the first part Is seized of M ,the said prem4es in fee SiMpLe7and has goodrigrit to cone,,-,,, the seine. SECOND That the party of the » !con-d' part sballrietlY enjoy the said prerii:3es THIRD That the., said prer.,i- :;c3 are free .From incumbrances. FOURTH That the party of the first part will execute or (procure any further necessary assurance of the title to said premises FIFTH That the party of the ,firs b; part will forever warrah�the tit-Le to the said. premises. IN WITNESS t WHEREOF the party of the first part has caused its CorPOr2tte seal to be hereunto affixed and these presents to be signed by its duly aiithorized officer the day and year first above written (L.S.) SOUTHOLD SX4INCISS BAIFK HENRY W. PRINCE.. . State of liew York County of Suffolk ss On the fourteenth day of July nineteen I hundred and nineteen before me came Henry W. Prince to me kno-,,in who being by me duly sworn,did,depose anti say that he re3iles- in the village and town of Southold,Suffolk Co- Unty New Yorkthat he is the President of Southold Savings Bank the corporauion described i In, and which !executed the foregoing instmuiLent;that he knoznis the seal of said corpora- tion;that the',peal affixed to said instrument IS, -uch.corporate seal; that it was so id -orporatio); ;and that he signed his name affixed by order of the board of Trustees of 3,' thereto by like! order. L.S. Frederick K. Terry Notary publteisliff Co. Reco-;-ded 22 August 1919 9 A.M'; Fuentes, Kim N. From: Fuentes, Kim FEB 1 Sent: Friday, February 09, 2018 8:30 AM ?Q18 a To: Duffy, Bill; Weisman, Leslie Subject: FW: ZBA Fishers Surf Shack LLC - Use Variance Attachments: Fishers Island Surf Company Filing Receipt & Articles.pdf, Fishers Surf Shack Filing Receipt & Articles.pdf; 20180209082056.pdf Hi Bill, Leslie, Please see attached Use Variance Application and corporate documents. We've recently starting requesting that applicants submit documents of incorporatio n/LLCs as part of the application process. Stephen Ham submitted the attached, and below commented on his submissions. Please let me know if submissions are acceptable. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 1� 631-765-1809, Ex. 5011 Cate (Qoc s C)K E-mail: kimf@southoldtownnv.gov From: Stephen Ham [mailto:stevehaml90@gmail.com] Sent: Thursday, February 08, 2018 4:03 PM To: Fuentes, Kim Subject: Re: ZBA Fishers Surf Shack LLC - Use Variance Hi Kim - I will ask Cory Anderson for more photos as you have requested. I formed the two limited liability companies (owner and applicant) any my name alone is on the Articles of Organization and Filing Receipt filed with and received from the NY Dept of State. The actual owners and titles are handled internally and do not appear on the public documents. Would it be acceptable if I give you a legal opinion on my letterhead that I filed for and organized the two companies and that, having examined the corporate records, I can affirm that Robert G. Warden is Managing Member of Fishers Surf Shack LLC and Cory J. Anderson is Managing Member of Fishers Island Surf Company LLC? (Since lawyers are often the only ones whose names appear on the documents filed with NY State, the Health Department and some Building Departments often ask for legal opinions when inquiring as to who has the authority to act for an LLC or corporation.) Attached are the Articles and Filing Receipts for both entities that show my connection to them as organizer. (The addresses for service of process are those of the owners.) i Thanks. 1 Steve RECEIVED Stephen L. Ham, III, Esq. FEB O 9 2018 Matthews & Ham 38 Nugent Street ZONING BOARD OF APPEALS Southampton,NY 11968 Phone: (631) 283-2400 Fax: (631) 287-1076 e-mail: steveham1902gmail.com On Thu, Feb 8, 2018 at 3:35 PM, Fuentes, Kim <kimf@southoldtownny.gov> wrote: Hi Stephen, We received your application for the above subject use variance today. Would you be able to provide us with corporation documents indicating principals' names and titles. We received photos, but would you be able to provide more photos showing all sides of the building and all floors with identifying labels. Thank you. r' Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex. 5011 E-mail:kimf@southoldtownny.gov 2 Fuentes, Kim From: Stephen Ham <stevehaml90@gmail.com> Sent: Thursday, February 08, 2018 4:03 PM To: Fuentes, Kim Subject: Re: ZBA Fishers Surf Shack LLC - Use Variance Attachments: Fishers Island Surf Company Filing Receipt & Articles.pdf, Fishers Surf Shack Filing Receipt & Articles.pdf I J U'0 Hi Kim - RECEIVED FEB 0 9 2018 I will ask Cory Anderson for more photos as you have requested. ZONING BOARD OF APPEALS I formed the two limited liability companies (owner and applicant) any my name alone is on the Articles of Organization and Filing Receipt filed with and received from the NY Dept of State. The actual owners and titles are handled internally and do not appear on the public documents. Would it be acceptable if I give you a legal opinion on my letterhead that I filed for and organized the two companies and that, having examined the corporate records, I can affirm that Robert G. Warden is Managing Member of Fishers Surf Shack LLC and Cory J. Anderson is Managing Member of Fishers Island Surf Company LLC? (Since lawyers are often the only ones whose names appear on the documents filed with NY State, the Health Department and some Building Departments often ask for legal opinions when inquiring as to who has the authority to act for an LLC or corporation.) Attached are the Articles and Filing Receipts for both entities that show my connection to them as organizer. (The addresses for service of process are those of the owners.) Thanks. Steve Stephen L. Ham, III, Esq. Matthews & Ham 38 Nugent Street Southampton, NY 11968 Phone: (631) 283-2400 Fax: (631) 287-1076 e-mail: stevehaml90(a�gmail.com On Thu, Feb 8, 2018 at 3:35 PM, Fuentes, Kim <kimf cQsoutholdtownny. ov> wrote: Hi Stephen, We received your application for the above subject use variance today. Would you be able to provide us with corporation documents indicating principals' names and titles. We received photos, but would you be able to provide more photos showing all sides of the building and all floors with identifying labels. 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SS•_ir ' - ::i. y :,f�: a'.�': s. v3. 73'�:,t::>5..:,'f %"44�t*:': ",: S+-.k4.t,rz.o- .:,)+ 'a�''s• `rl+: .t.._ - j,r:^•}"' et - -ro,:x;Yi•,yt='�• -.,i np U „r <°y r",a:sJ.„,,- ,�', .,o, .L +•dei a ]' RECORDED Number of pages 2017 Nc-4 24 04:35:51 PM JUDITH A. PASCALE CLERK OF I This document will be public SUFFOLK COL94TY record.Please remove all L D00012939 Social Security Numbers P 383 RECEIVED I prior to recording. DT# 17-13599 � 201 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps FEB 0 3 FEES ZONING BOARD OF APPEALS Mortgage Amt. Page/Filing Fee 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation SpecJAssit. or EA-5217(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX �f R.PT.S.A. ,a r� Dual Town Dual County _[�s[�c_ Held for Appointment { Comm.of Ed. 5. 00 Transfer Tax Affidavit Mansion Tax The property covered by this mortgage is Certified.Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only Sub Total Other YES or NO �/��� Grand Total J"� rpyge O, s -ap prlate tax clause on f this instrument. 0 4 Dist. 17038208 1000 01000 0700 003000 1:000 5 munity Preservation Fund Real tqI II11tt11 Tax p T Consideration Amount$ 375,000 Tax Service R CvvH A I tullll II I'llll ,I Illi l� l ` Agency 13-NOV-1 CPF Tax Due S 4,500 Verification J Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land STEPHEN L.HAM,III, ESQ TD J �� MATTHEWS&HAM TD 38 NUGENT STREET SOUTHAMPTON,NY 11968 TD Mail to:Judith A. Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk Co.Name Fidelity National Title Ins. Co. Title.# F17-7404-105555-SUFF 8 Suffolk County Recording & Endorsement Page This page forms part of the attached DEED made by' (SPECIFY TYPE OF INSTRUMENT) STEPHEN N.WELLS The premises herein is situated in SUFFOLK COUNTY,NEW YORK TO In theTOWN of SOUTHOLD FISHERS SURF SHACK LLC In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over MATTHEWS & HAM ' 7 ATTORNEYS AND COUNSELORS AT LAW eR v 1 38 NUGENT STREET SOUTHAMPTON, NEW YORK 11968 a�!� O PHILIP B MATTHEWS (1912-1992) 631-283-2400 FACSIMILE 631-287-1076 STEPHEN L. HAM, III BAEEeae T HAM e-mail:Matthamesq@aol.com February 14, 2018 Ms. Kim Fuentes Town of Southold Board of Appeals 54375 Main Road Southold, NY 11971 i Re: Application of Fishers Island Surf Company LLC (SCTM No. 1000-010.00-07.00-003.000) Dear Kim: In connection with the referenced application, I have enclosed two legal opinions relating to the limited liability company owner and applicant, respectively, along with nine copies of two sheets containing some exterior and interior photographs additional to the ones I submitted with the application last week. Please let me know if you need any further information or documentation at this time. Sincerely, Y '" g_x� Stephen L. Ham, III Enclosures MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON, NEW YORK 11968 PHILiP B. MATTHEWS A� -7/6 � (1e12•1e92) 631-283-2400 V ♦ / /I6 / STEPHEN L. HAM, III FAGSIMILE 631-287-1076 ♦♦ ♦♦ BARBARA T. Hen e-mail:Matthamesq@aol.com �♦♦ February 14, 2018 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: FISHERS SURF SHACK LLC Dear Board Members: I have acted as counsel to Robert G. Warden at whose instance and behest I prepared and filed Articles of Organization for a New York limited liability company named FISHERS SURF SHACK LLC (the "Company"). Attached hereto are copies of the filing receipt for the Articles and of a certified copy of the Articles. I have also prepared an Operating Agreement for the Company. Please be advised that Robert G. Warden, who maintains a mailing address of 370 Park Avenue - Box 5, New York, NY 10022, is the sole member of the Company. Pursuant to the Company's Operating Agreement, Robert G. Warden is named and is now serving as the Managing Member of the Company. The Company purchased premises at 956 Montauk Avenue on Fishers Island from Stephen N. Wells on October 16, 2017 and is the current owner of such premises. I am providing this opinion knowing your Board is relying on it in recognizing the Company's letters of authority submitted with the application to your Board made by FISHERS ISLAND SURF COMPANY LLC. Very truly yours, Stephen L. Ham, III N. Y . S . DEPARTMENT OF STATE DIVISION OF CORPORATIONS ; ';D STATE RECORDS ALBANY, NY 1223.1-0001 -------------- FILING RECEIPT O� ENTITY NAME : FISHERS SURF SHACK LLC Fc B DOCUMENT TYPE: ARTICLES' OF ORGANIZATION (DOM LLC) CF' ___________________________`_ ��______-_= ==_ FILED : 09/21/2017 DURATION.: *******'** CASH# : 170-921000369 PLM # : 17 21000355 DOS ID: 5205'740 FILER: EXIST' DATE STEPHEN L. HAM, III, ESQ. 09/21/2017 MATTHEWS & HAM 38. NUGENT STREET SOUTHAMPTON, NY 11968 ADDRESS FOR PROCESS : - - - - -- - - - - - - - - -- - -- - - THE LLC --- 370 PARK AVENUE - BOX 5 NEW YORK, NY 10022 REGISTERED AGENT: - -- - - - - - ----- - ---- The limited liability company is, requir.ad to file .a 'Biennial Statement with the Department of Stat..e every two years pursuant to Limited Liability Company Law Section 301 . Notification that the biennial statement is due .:111 cnl b^ made ..:ice emai Please ATO.- to c iT V r r l . ebi enn s... v-.- to provide an email address to receive an email notification when the Biennial Statement is due . SERVICE COMPANY: ** .NO SERVICE COMPANY ** SERVICE CODE : 00 FEES 23-5 . 00 PAYMENTS- 235 ..00 - - --- - - - -------- FILING 200 . 00 CASH 0 . 00 TAX 0 . 00 CHECK 23'5 . 00 CERT 0 . 00 CHARGE -0 .'0 0 COPIES 10 . 00 DRAWDOWN 0 . 00 HANDLING 25 . 00 OPAL .0 . 00. REFUND 0 . 00 DOS.-1025 (04/2007) STATE OF NEW YORK RECEIVED FEB o 9 2018 DEPAR TME NT OF -STA TE Zo"JG E30ARD OF APPEALS I hereby certify that the annexed copy has been compared with the original document, in the custody of'the Secretary of State and that.the same is a true copy of said original. WITNESS my hand and official seal of the Ole*-.00!00,00 0 Department of State, at the City of Albany, Ol. NEW/ on .September 2-2, 201'7. Al CCL910 Brendan W. Fitzgerald 000 011�0 N 000 Executive Deputy Secretary-of State Rev. 06/13 709210. ARTICLES OF ORGANIZATION of FISHERS SURF SHACK LLC FB 2 Y, 7g Under Section 203 of the-Lihifted Liability Company Law FIRST: The name of'the limited liability.company is FISHERS SURF SHACK ILLC, (hereinafter referred to as the "Company"). SECOND: The County within this'StAte in which the office-of the Company;is to be' located is Suffolk. THIRD: The Secretary of State is designated as agent of the Company upon whom process against it may be served. The post office address within or without this State to which the Secretary of State shall mail a copy of any process against the Companyserved upon him or her is 370 Park Avenue- Box 5,New York,NY 10022. FOURTH: The Company is to be managed by one or more members. FIFTH: The-Company-is formed to conduct any lawful actor activity for which limited liability companies may be formed under the Limited Liability Company Law,provided that. the Company is not intended to be formed to engage in any act or activity requiring the consent or approval of any State official,department,board or agency or other body without such consent or approval first being obtained. IN WITNESS WHEREOF,, this Certificate, has been subscribed: this 19" day of September, 2017 b -affirms that the statements made herein are true -y the undersigned who under the penalties of perjury: Stephen.L. Ham;III Organizer, 1709210.00355 ARTICLES OF ORGANIZATION. OF FISHERS SURF SHACK LLC RECEIVED (Insert,name ojLimited Liability Company) FEB ®ay 2018 Under Section 203 of the Limited Liabi-lity Company Law ZONING BOARD OF APPEALS Filer's Name and.Mailing-Address: STEPHEN L. HAM, 111, ESQ. Naive; MATTHEWS & HAM STATE �Ohr NEW YORK OT Company,ijApplickble: IMENT tE NT O F STATE 38 NUGENT STREET Mailing Address: F1111 ED 5 ' P 21 2017 SOUTHAMPTON;,NY 11968 ��($ _ City.State and;Zip Code: "� B7: f NOTES: 1 This form was prepared by the New York State-Department of State for filing articles of organization for a domestic. limited liability company.It does not contain all optioriM.provisions under the law.You are not required to use this form. You may draft your own,form or use forms available at legal stationery, stores. 2.The Department of State recommends that legal documents be prepared under the guidance of an attorney.. 3.The Limited Liability Company Law requires that the name end with"Limited Liability Company," "LLC"or"L.L.C." The name of the limited liability company must be uniformly stated throughout this certificate. 4 The filer may not be the limited liability company being formed. 5.The certificate must be submitted with a$200 filing fee made payable to the Department of State. N (For Office Use Only). O_ N N Zn U-) O C— CG } 'm — U N - UJ Q V) ti m 1. DOS-1336-f(Rev 03/17) Page 2 of.2 MATTHEWS & HAM y� ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON, NEW YORK 11968 'r U(J �S O PHILIP B. MATTHEWS �O1R (1e12-19e2) 631-283-2400 Y v STEPHEN L. HAM, III FACSIMILE 631-287-1076 BARBARA T HAM e-mail:Matthamesq@aol.com February 14, 2018 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: FISHERS ISLAND SURF COMPANY LLC Dear Board Members: I have acted as counsel to Cory J. Anderson at whose instance and behest I prepared and filed Articles of Organization for a New York limited liability company named FISHERS ISLAND SURF COMPANY LLC (the "Company"). Attached hereto are copies of the filing receipt for the Articles and of a certified copy of the Articles. I have also prepared an Operating Agreement for the Company. Please be advised that Cory J. Anderson, who maintains a mailing address of P. O. Box 636, Fishers Island, NY 06390, is the sole member of the Company. Pursuant to the Company's Operating Agreement, Cory J. Anderson is named and is now serving as the Managing Member of the Company. The Company is a tenant of the owner of the premises located at 956 Montauk Avenue on Fishers Island and, subject to receiving all necessary governmental approvals, intends to use a portion of the space it is leasing from the owner for a retail store. I am providing this opinion knowing your Board is relying on it in recognizing the Company's letter of authority submitted with the application to your Board made by the Company. Very truly yours, L ,�- Stephen L. Ham, III !v . Y J . 1Jr YL�K.liY1r1V 1 .V r' �'1H'1'� DIVISION OF CORPORATIONS STATE RECORDS 'LBANY, NY 12231-0.00,1 -----------------------------FILING-RECEIPT --- ENTITY NAME FISHERS ISLAND SURF COMPANY LLC - -- ----------------- DOCUMENT TYPE: ARTICLES OF ORGANIZATION (DOM LLC)' f�e 9 1D1 D COUNTY: SUFF FILED: 11/24/2017 DURATION: ********* CASH# : 171124.000185 TT +. $`x : 171124000160' DOS ID: 5240022 FILER: EXIST DATE - - - - - - - - -------- STEPHEN L. HAM,, I.II, ESQ. 1.1,/24/2:017 MATTHEWS & HAM. 38 NUGENT STREET SOUTHAMPTON, NY 11968 ADDRESS FOR PROCESS : - - - - - - - - - - - - - - ----- -- THE -LLC - -- - - P. O. BOX 636 FISHERS ISLAND, NY 06390 REGISTERED AGENT: -- - - - --- - - -- - - - - - - The limited liability company is required to file a Biennial Statement with the. Department of State every two years pursuant to Limited. Liability Company Law Section 301 . Notification that the bi.e,nnial statement is due _- wi].1 only b_e made via email . Please- go to www. email . ebiennial.. dos..ny.. gov to provide an. email address to receive an email notification when -the Biennial Statement is due... -------------------------- SERVICE COMPANY: ** NO S.ER:VICE COMPANY ** SERVI.CE CODE-:- 00 FEES 235 . 00 PAYMENTS 235 . 00 FILING 200 . 00 CASH 0 . 00 TAX 0 . 00 CHECK 235 . 00 CERT 0 . 00 CHARGE 0 . 00 COPIES 10 . 00 DRAWDOWN 0 . 00, HANDLING 25 . 00 OPAL 0.. 00 REFUND 0 . 00 DOS'-1025 (04/2007) STA TE OF NEW YORK P 8 Y. DEPAR TMEN T OF SIA TE -..;7��a I hereby certify that the annexed copy has been compared with the original-document in the custody of the Secretary of State, and that the same is a true copy of said original. WITNESS my,hand and official seal of the Department of State, at the City of Albany, 0* 0 00 $ 000 on November 27, 2017. • 0 0 C9L810 Brendan W. Fitzgerald •000NT 0V Executive Deputy Secretary-of.State 0 0 10,000000009 Rev. 06/13 17112,'40 00 `60 ARTICLES OF ORGANIZATIONFB 19 of ?g 7g FISHERS ISLAND SURF COMPANY LLC Under Section 203 of the Limited Liability Company Law FIRST: The name of-t'he limited liability company is FISHERS ISLAND SURF COMPANY LLC (hereinafter referred to as the "Company'). SECOND: The County within this State in which the office.of the Company is fo'be located is Suffolk THIRD: The Secretary of State is designated'as agent of the Company upon whom process against it may be served. The post office address within or Without this State to which 'the-Secretary of State shall mail a copy of any process against the Company served upon'him or her is P. O.Box 636,Fishers Island,New York.06390. FOURTH: The.Company is to bemanaged by one or more members, FIFTH: The Company is formed to conductanylawful actor activity for which limited liability companies may be formed under the Limited Liability Company Law,,provided that the Company is not intended to be formed to, engage in any act or activity requiring the consent or approval of any State official,department,board or agency or other body without such consent or approval first being obtained. IN WITNESS WHEREOF, this Certificate has been subscribed this. 25" day of October,2017 by the undersigned who affirms that the staternents,madg herein are true under the penalties of perjury. t$tepben L.Ham,111, Organizer 1711'24000160 r ARTICLES:OF ORGANIZATION OF 7 FISHERS ISLAND SURF COMPANY LLC s (Insert name of Limited.LiabilityCornpariy) ►��a, "t Under Section 203 of.tfie:LitnitedLiability Goinpany Law RECEIVED t Fir's Name And Mailing Address: FEB 0 9 2018 STEPHEN L. HAM, Ili, ESQ, MATTHEWS $ HAM BONING BOAR[?OF APPEALS Company,ifApplfcable: 38 NUG.ENT"STREET • Maltln�Address: SOUTHAMPTON, NY 11968 Ciry,Stale aril Zip Code.• NOTES: 1,This form was prepared by the New York State Department of.State for filing articles of organization fo limited liability company, r a,domestic form. You may ,It does not`contain all optional'provisions under the law.You.are not required to use this draft your own form or..use.,forrns availableat legal stationery stores. 2.The Department of State recommends that-legal documents be prepared.under the guidance of.an attorney. 3.The Limited Liability Company Law requires:that the.name end with."Limited'Liability Company, "LLC"or"L:L.C." The name of the limited liability company mustbe:uniforinly.stated throughout this certificate. 4.The filer may not be the limited liability company being formed. 5.The certificate must be submitted with a1260 filing.fee made payable'to the:bepartment of State. (For office Use Only) � cc d w STATE OF NEW YORK Lli ka DEPARTMENT OF STATE LIJ `-,' FILED NOV 2 4 2017 o TAX$ ti BY:_At` M 10 :0,"y O :plNb 1 1 DOS-13364(Rev.03/17) Page 2 of 2 a * APPLICANT'S PROJECT DESCRIrf'JiON APPLICANT: FISHERS ISLAND SURF COMPANY LLC DATE PREPARED: FEBRUARY 2018 1. For Demolition of Existing Building Areas RECEIVED I 1 /� Please describe areas being removed: not applicable FEB 0 a 2 018 10 ZONING BOARD OF APPEA1 S II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: not applicable Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): 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: Number of Floors and General Characteristics BEFORE Alterations: Three floors with living accommodations permitted as a three-family dwelling in Pre-Existing Certificate of Occupancy Number of Floors and Changes WITH Alterations: Three floors with living accommodations permitted as a two-family dwelling with a retail store on the ground floor IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 1,740 +/- sq. feet (existing) Proposed increase of building coverage: 0 Square footage of your lot: 16,116 +/- s q. feet Percentage of coverage of your lot by building area: 10.87 V. Purpose of New Construction: There will be no new construction except what is necessary to convert ground floor apartment to a retail store. There will be no change to the building footprint but there will be new openings on the ground floor for doors and windows. 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): Land contours have no impact on this project. 0 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. 4/2012 AOL Mail-Message View RECEIVED FEB ®8 2018 ZONING BOARD OF APPEALS L�i%e vnfr el '1 J6 A It X r s- L 11LI, 74 OWERHANO All %% -t https://mall.aol-com/webmall-std/en-us/baslc# 3/3 RECEIVED FEB 0 8 2018 ZONING BOARD OF APPEALS n .au �� bra r;•dar_..jic s� U��,,_ CD i Cell z CO 13 L' ra co co /^l h� Ul �i 7� ,•'% rli Fishers Island Surf Company RECEIVED P.O. Box 636 FINY 06390 FEB 0 S 2018 959.929.2255 ZONING BOARD OF APPEALS Fishers Island Surf Company will provide Surfboards, boogie boards and other aquatic sports and recreation gear. In addition we will have a large selection of safety equipment and flotation devices available. Sunscreen and other beach needs. Basic outerwear, t shirts+sweatshirts, hats, flip-flops, sunglasses. This business is owned and operated by a Veteran from this area. We will promote safe responsible use of the beaches while working in conjunction with other organization on the island. i a QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIM A. Is the subject premises listed on the real estate market for sale? FEB 0 8 2018 Yes X No ZONING BOARD OF APPEALS B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? NO 2.)Are those areas shown on the survey submitted with this application? n/a 3.)Is the property bulk headed between the wetlands area and the upland building area? n/a 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction?n/a Please confirm status of your inquiry or application with the Trustees: n/a and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? NO Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? NO If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: n/a G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? NO If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel three—family dwelling and the proposed use two—family dwelling with retail store (ex.existing single family,proposed:same with garage,pool or other) !!:�E &, L- b_4---"' 02/07/2018 Authorized signature and Date Stephen L. Ham, III, authorized representative FORM NO. 4 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT FEB 0 9 2018 Office of the Building Inspector Town Hall ZONING BOARD OF APPRAIS Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-23568 Date MARCH 29, 1995 THIS CERTIFIES that the building MULTIPLE FAMILY DWELLING Location of Property MONTAUK AVENUE FISHERS ISLAND, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 10 Block 7 Lot 3 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a Multiple Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-23568 dated MARCH 29, 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 THREE FAMILY MULTIPLE DWELLING * The certificate is issued to GADA FAMILY PARTNERSHIP (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLgASE SEE ATTACHED INSPECTION REPORT. wilding Inspector Rev. 1/81 BUILDING DEPARTMENT TOWN OF SOUTBOLD HOIISING CODE INSPECTION REPORT I_ LOCATION: MONTAIIR AVENUE FISHERS ISLAND, N.Y. p��. I b,,.a number d street municipality REE"D SUBDIVISION MAP N0. LOT(s) NAME OF OWNER (s) GADA FAMILY PARTNERSHIP FEB 0$ 2018 OCCUPANCY MULTIPLE - RESIDENTIAL (3 UNITS) type owner-tenant ONING BOARD OFAppFALS ADMITTED BY: F. DIMELLA ACCOMPANIED BY: SAME KEY AVAILABLE SUFF.CO. TAB HAP NO. 1000-10-7-3 SOURCE OF REgUEST: DADA FAMILY PARTNERSHIP DATE: MARCH 26, 1995 DWELLING: TYPE OF CONSTRUCTION WOOD FRAME f STORIES 2-1/2 f EXITS 7 FOUNDATION CONCRETE CELLAR PARTIAL CRAWL SPACE TOTAL ROOMS: 1ST FLR.3. .(R&SPlFu)2ND FLR. II 3RD FLR. 4 BATHROOM (s) 4 TOILET ROOM (s) UTILITY ROOM PORCH TYPE OPEN WOOD DECK, TYPE N/A BREEZEWAY FIREPLACEPATIU GARAGE NONE ' DOMESTIC HOTWATER ffi TYPE HEATER PROPANE 6 OIL AIRCONDITIONING TYPE BEAT ELECTRIC WARM AIR ffi HOTWATER ST>=AM OTHER: ACCESSORY STRUCTURES: NONE GARAGE, TYPE OF CONST_ STORAGE, TYPE CONST, SWIliKING POOL GUEST, TYPE CONST. OTHER: VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION d BUILDING CODE LOCATION DESCRIPTION ART, SEC. REMARKS: PRE EXISTING APARTMENTS - 1951 INSPECTED BY DATE OF INSPECTION MARCH 27, 1995 ROBERT WALL TIME START 10:00 AM END 11:00 AM f � - MW E fa! ����✓�t1�• r f .. .. ... - - � .SIM► _--_---- _ ,.. ._ r ti 16 �� w { �•� _�� _ * .e.� ?.. i by MAR I� _O18 BY:4- Lle - �y�" '1• � y �'�, to s• � l r . �.. i{ „'fix- • , t s ate Y f �' ��, r• ;ren` �-G - MAR 11 2018 fl 1 ✓ I � � � Y4• '(R +W 41, 1p- �1t � � .�� yi1r� �r�r•f �a psi r8 f ��t ���� �' • '- w+'rte_ s ♦• -.-o _. .. _ ` d `'� "� -?'•.`. ',f - „i>Its � \ 1r�, J - Mh. fizz^.e ,.i' '�y.�.�,� :#.. T - 'r851 +� : ...aR �-. r t3 ".z v.-:r✓�;- ,. � "Mow • 12 a � i r MAR 1 Sol ok j / �1► I �1 pc�� �y - R7 ? 10,g ,f RECEIvEr) =� .BAR { ZONING BOARD OF aPPEA��. Fzzl y i 1� . r w - y e . v R 1 ? 073 E,l_'7 i 4(y1NG BOARD OF ApPEA Pr N0 SMOKING1 v a y� � r 4 v _ � I MAR 203 Ike 'S ............... Aih • v � � x✓f � Y � r i , 1 � ,a lI FEB 4 �. s E � 1 mit h rc3o �-- _ i 4 n Nb RECEIUEp MAR 142018 IbNING GUARD OF,,,,o PicsArt_02-07-12.51.17.jpg Page 1 of l - � t 4 t i P , RECEIVED FEB 0 8 2018 ZONING BOARD OF APPEALS https://mail.google.com/_/scs/mail-static/ /js/k=gmail.main.en.5L3RpK0ut0I.0/m=pds,pol,... 2/7/2018 617.20 RECEIVED 11A Appendix B FEB 0 8 201 Short Environmental Assessment Form ZONING BOARD OF APPEALS Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: FISHERS ISLAND SURF COMPANY LLC Project Location(describe,and attach a location map): 956 MONTAUK AVENUE, Fishers Island, Town of Southold, County of Suffolk SCTM NO. 1000-010.00-07.00-003.000 Brief Description of Proposed Action: Conversion of one unit in three—family dwelling from residential to business use as retail store Name of Applicant or Sponsor: Telephone: (631) 283-2400 FISHERS ISLAND SURF COMPANY LLC E-Mail: steveham190@gmail.com Address: c/o Matthews & Ham — 38 Nugent Street City/PO: State. Zip Code: Southampton NY 11968 1.Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, NO YES administrative rule,or regulation? i X 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: X Town of Southold Planning Board Site Plan Approval 3.a.Total acreage of the site of the proposed action? 0.37 +/—acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.37 +/—acres 4 Check all land uses that occur on,adjoining and near the proposed action. ❑Urban at Rural(non-agnculture) ❑ IndusMal 2 Commercial ❑ Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ®Other(specify): Residential (rural) ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? *goal of conversion of one unit X* of 3—family dwelling is permitted but resulting 2—family is not b. Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: Fishers Island X 8. a. Will the proposed action result in a substantial increase in traffic above present lev '1 NO YES FEB 0 8 2018 I� X b.Are public transportation service(s)available at or near the site of the proposed action? � N� .gyp X c.Are any pedestrian accommodations or bicycle routes available on or nearZsUife'oN&'topropo9fd 2lc�FA� S X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: FX 11 Will the proposed action connect to existing wastewater utilities? NO YES I 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 i ❑ Wetland ❑Urban ❑ Suburban X Rural 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,Yrected to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ' M NO❑YES X Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X i 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname:- FISHERS ISLAND SURF COMPANY LLC Date: February 7 , 2018 I� Signature: �f-}�G• L•�7^'~•� Stephen L. Ham, III, authorized agent RECEIVE FEB 0 8 2018 Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer allg0l ®OF APPEALS questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4 Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIVED No,or Moderate FEB Q.$ :2p�g; small to large impact impact ZONING BOARl7 OFAPp may may �� occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The 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 AP..P,LI.0 AN T/OWNER. TRANSACTIONAL,DI:SCL.OSURE FORM' Ttie`Town ofSoutholdN.,Cod`e-of Ethies�orofiibits`coniticts of-ifitiidt on'the part of"town':office"rs:an"d emOlovees:.The,puraose of itiis'forrn'is°to provide information which can-alertthi towwof'uossibiweonflids of2interest•.and allow ifto fake=whatever. ;actiohis necessary-to,avod same. YOUR.NAME: FISHERS° SURF SHAC—k.AU` _. ([ast named dist,name;;triiddlean[Nal,unless r are applyl4.4 tHi name'of<someong,else'or:otlier`.endty;sucli.'as a company.If so,andtcatestheoiher person's:or company.'s 'TYPE`OF'_APPL;IC:ATION':-(Check.AVthht;apply) Tas.;grievance. lanilding'Permit. FEB Q Variance. X. Trustee Permit .Cliange:of-lone: Coasial EroMbn ONTNG 130ARD . . . . ._. DFAPP&g1.S ,Approval of Plat: 1VIoori6g Other(activity)• _ , "Piauning: Do:yon:personally.(or t6roughi youc�company,spouse;.•sibling�pa"rgnt.,or child)have gifelji(loi0hl0 witli,'atiy�ORO or'employee of=the:Town;of Southold?"Relationsfiip"'Inclh&s by.,blood;:inarriage;.or business interest.".Business interesin'means a'business,i'nclading anpartnersh'ip;ia.wtiich theaotvp`:officer or employee haseven.a:partial ovinership of;(or employ-inent;by);a corporation,m whtch:the town officer or employee owns�more-than ofahe _ . YES NO X. ;If'yoy answered"YES";coinpletg tt►e'.tiali►iice of`,tliis form and_date and;sign°where indicated:: ;Name of°p.ersowemployed'by-the Town.of Southold ' ... . _...•-.-....,.., Vitl'e:orPosition offthat:person. Describelhe relaiionstiip?•6ctween.yourself:(the applicant/agent%regresentative)and;.'the town:,officer'of.,.em ddvy e;- _..: Either:.check,the,appe, priat'e;line,A):.t)irough I)).,and/or de§cri¢e�-in thespace;provWe,& The;town.ofticer,.or employee,or his osier spoyse;;sibling,parent,of cli s(check sil tliat.apply) A)the owner of:greaterthat'S%sof'the shares:ofahe,coiporatestock�ofahe'applicapt(wheirtlie applicant isa, corporation); B)'the=legal:oFbetieflclal';owper of;any'.interest;tii anon-corporate entity-.(wh'en�fhe_applicant is<noi a:corporation), iGyiiiv fficer diYector,:partner;or etpployee:of thti applicant .or 1))th'c.-actual;applicant ME.-SCRIPTION.OF nL.AT:IONSHI-P Submitted;this. . day of; ,.1O Signature Print Name; lob'efa ;.G, Warden,. Managing`.Memli'ev___ RECEIVED FEB 0 8 2018 i APPLICANT/OWNER ZONING BOARD OF APPEALS TRANSACTIONALDISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : FISHERS ISLAND SURF COMPANY LLC (Last.name,first name,middle initial,unless yon are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or companv's name.) '.TYPE OF APPLiCATiON: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning .Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship" includes by blood, marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicanVagentlrepresentative)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) 13)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) CI an officer,director,partner.or employee of the applicant;or U)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day o eb _20 Signature Print Name Cory J. Anderson, Managing Member RECEIVED FEB 0 8 2098 ((p AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS 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. FISHERS SURF SHACK LLC YOURNAME : Stephen f. Ham, III, authorized agent for FISHERS ISLAND SURF COMPANY LLC (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 fk day of February '20 18 Signature �L L- 4"W: Print Name Stephen L. Ham, III Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM FEB 0 8 2018 A. INSTRUCTIONS ZONING BOARD OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-010 - 07 - 003 The Application has been submitted to(check appropriate response): Town Board Planning Dept. D Building Dept. D Board of Trustees D Zoning Board x 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital D construction,planning activity, agency regulation, land transaction) D (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Pq Nature and extent of action: conversion of one unit in a three-family dwelling from a residential use to a business use (retail store) in a B Zone District rJ' Location of action: 956 Montauk Avenue, Fishers Island (SCTM No. 1000-10-7-3) jl / n Site acreage: 0.37 +/- acre RECEIVED oC Present land use: Pre-Existing nonconforming three-family residence FEB 0 8 2018 Present zoning classification: B ZONING BOARD OF APPEALS 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: FISHERS ISLAND SURF COMPANY LLC (b) Mailing address: c/o Matthews & Ham, 38 Nuget Street, Southampton, NY 11968 (c) Telephone number: Area Code( ) (631) 283-2400 (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No❑x If yes,which state or federal agency? DEVELOPED COAST POLICY February 2018 Stephen L. Ham, III, authorized agent Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ❑ Not Applicable J Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LVVRP Section III-Policies Pages 3 through 6 for evaluation criteria ❑ Yes 11 No ❑ Not Applicable RECEIVED FEB 0 8 2018 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Fishers Island Surf Company LLC 2. Address of Applicant: c/o Matthews & Ham, 38 Nugent Street, Southampton, NY 11968 3. Name of Land Owner(if other than Applicant): Fishers Surf Shack LLC 4. Address of Land Owner: c/o Mattehws & Ham, 38 Nugent Street, Southampton, NY 11968 5 Description of Proposed Project: Conversion of one unit in three—family dwelling from residential to business use (retail store) 6 Location of Property: (road and Tax map number) 1000 — 010.00 — 07.00 — 003.000 7. Is the parcel within 500 feet of a farm operation? { } Yes P} No 8. Is this parcel actively farmed? { } Yes {3q No 9 Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) 7 L . 02 / 07 / 2018 Signature of Applicant Date Stephen 1. Ham, III, authorized agent Note: 1 The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review i RECEIVED �� a FEB 0 8 2018 Fishers Island Surf Company LLC ZONING BOARD OF APPEALS P. O. Box 636' Fishers Island, NY 06390 February , 2018 i r Board of Appeals Town of Southold ' P O. Box 1179 54375 Main Road Southold, NY 11971 Re Application for Variances at Premises at Fishers Island .(S^C.T.M. No. 1000-010.00-07.00-003.000) Dear Board Members- The undersigned, a tenant of the owner of premises situate at 956 Montauk Avenue, Fishers Island, New York(SCTM# 1000-010.00-07.00-003.000)and prospective applicant to your Board, hereby authorizes Stephen L. Ham, III of Matthews & Ham, 38 Nugent Street, Southampton, New York 11968, to act as its agent in making such applications to your Board and in taking any and all incidental actions in regard thereto, including without limitation, completing and executing the required forms, giving any required notices and appearing at any public hearings, as he.shall deem necessary or advisable in order to obtain approval of any variances that are required for the issuance of a building permit and/or Certificate' of Occupancy and/or other authorization for the conversion of the ground floor of the three-story dwelling on the subject premises to,a retail store on such premises, a survey of which was prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC under date of December 29, 2017. Very truly yo rs, FISHER SLAND S F COMPANY LLC By 06rJ. Anderson, Managing Member RECEIVED ;Fishe'rs Surf Shack,LLC= FEB 370*.'Park Aveifiu*e ;;-,Box 5 08 2018 we bik�,W1.0,022, _w Y ZONING BOARD OF APPEALS Board of,Abpeal.s Town.of Southold Box-1 179, 543:75 Main Road S.owthold,,NY 11:971 k6l' Application-for r- V.J-da- des'j at-Firemise&6t Fishers lsland: p Dear Board Members.. The : lundersigned,.,the;owner-,o�f -p' rpMiseS.-.sitqato'a t956M'oit Fishers: Islan4, NeW York (SQTM # lwb010.0,Q-0T'QQ-Q0-$'000) hereby, authorizes rishets° lsland .$urf'compqnyLLL; P. O':..Blx6 6,Tishers1slano, 'N w r 0,63,90''W .to.your bard and to.'t6WAy-AM,611 irbid6fitLzetbiltin regard lherqtqjncWdi :-withput'Irnitafton. co ng I m any required notices:and-appearing aft-,any public Jhearings„:as it,shalll deem necessarypr advisaWodn!order-to obt-did approval of any variances:that ate'required`for-the,,Jissuance n of'a building Ocirrfiit zind/br'.Certificqte of Occupancy'p,.ndio.rother authorization for the conversion on the Y, we dwelling,on', e su q store omsuch s)rernises..a,.-surveyf -0 which was pr0p_,0rpd,bY- n ing, Lah-d-Sutv6yihg,&,mdhitedtare PLLC.under date:of Decernbor,29i .wry truly yours, FISHERS`S.0 F'SHACK LLC By Robert G: Warden;0a nag.i Oa Merhber. RKWED Fishers-Surf Shack I_LC FEB 0 8 2018 3 ,,70,Park Avenue Box 5 Newi York,. NY 10622 ZONING BOARD OF APPEALS P-66ruary- 2,.2048 Board bf:Ap*p'eals Tbwn,of Southdid P:.O,. Sox 1179. 5-4:3"76.M 9 i h:Rd 6 d Southold,,NY, 1`1:971 Re: Appl ib6,t,ibnJ AtTighers,"Wand. Pear Members', Thd uh-dwsig-hod th'e­owner-dif'pri-b Miseis.,situat6zit 956 Montauk Avenue., Fishers; Island!, New York1:00.0=Q`1.0°.90-.07:0.0=0.03.'00:0):,::# ere y authorizes S.fqphen L-. Hbrh-,. III, 38 Nugent,Street,'Squthampton-,; New-'Yo' i 1`0 g 0 rk.,, 68--, td-;make:_ such t applications ,.td,y0ur,Bqar :And,to,tako-Any'an'd all incidental­bibtibfts,in- regard.the lb 6 including Withb-Cit]imit6ti6h,,. completing and executing the required fb1M1§,j; ,giv_(,n,9;wq_ required Qgs "and ,appearing,I' t,any publi .hearings,,ngs,as tie,shall,deem' necessay;or .ad,Vitable,yin:,orderto,.obtpin,approval;of any yprian ie,$,tha are.requiii�a-fot,-,ih-,o�issuance of A building permit: 0 ndlbr-Certifita te� Of Occ I q..panq :,apthrorizdtion-for the conversion to A retail'i n of�'fh.-P:g.t�,oUndflope�of,'the- story-story dwelling OnAh-ei subject pro m. ise$, ail - - store oh'.sJUch premi'ses :a�;surve-Y.ofwhit-h,wqs.:prepir6d-O.y.lCME,Associates.lEngineering,. Land& &..Ardhife,'Qtpr ,kLQ under date',of Deceffib6v29, 20171 S,,qrV"ing_. Very,truly yours; FISHERSf8URF sHACX'LLC ,Rob,6rt ' 'OWN OF SOUTHOLDtOP�RTY RECORD CARD w OWNERf C STREET VILLAGE DISTRICT SUB. LOT CL N Wells kya �Y�Q E4 ACREAGE �E6�ORMER WNEE� �`) v �t � a re.- t r rte- Ca. 5 S9- WC ` TYPE OF BUILDING G acct RFS. 7p SEAS. VL. FARM C0M)W IND, CB. MISC. cn o - LAND IMP. TOTAL DATE REMARKS COCn . cn C U Q JHa � 5� oCT'C) y` U 4 0 1 b I - s3 -� s s 0 cn ��--L tz 721 oz is s o AGE BUILDING CONDITION l NEW NORMAL BELOW JEABOVEFarm Acre Value Per Acreue :: M Ti Ilabte l LD Tillable 2 o Lo Tillabf� 3 ? Woodland C caM ,Kr — � 1 ,D Swampland ` CD m 00 Brushland � D m � � N House Plot CS) CD - -- Total CD u CD .. OD �, � �_.�......._i�iili■■11 cn LO Cp CO - ■■■lF��tiliv��li! !■� . . ■l■�■�.■■■��iC�'iliiii■ ■ill�i��f•■�i■!i U a� 0 M. Bldg. Foundation ' i• 7Z AY Floors Extensfi ' Extension LO -_ CO xt. • Interior1/ i Place LO CO ■ , 70 Extension - Porch Attic: •1 '�/1 Porch Rooms 1 stFlo-or CuPatio Rooms 2nd Floor 3> r," Breezeway -1 Garage -� Driveway -� S MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW RECEIVED �'� L 38 NUGENT STREET SOUTHAMPTON, NEW YORE: 11988 FEB 0 S 2018 PHILIP B. MATTHEWS (1912.1662) 831-283-2400 STEPHEN L. HAM, III FACSIMILE 831-287-1070 ZONING BOARD OF APPEALS BAEEeaw T. HAM e-mail:Matthamesq@aol.com February 7, 2018 BY FEDEX Ms. Kim Fuentes Town of Southold Board of Appeals 54375 Main Road Southold, NY 11971 Re: Application of Fishers Island Surf Company LLC (SCTM No. 1000-010.00-07.00-003.000) Dear Kim: In connection with the referenced application, I have enclosed nine sets (including the attached set of originals) of the following documents: 1. Three Applicant Transactional Disclosure Forms, one signed by the owner, Fishers Surf Shack LLC, one signed by the applicant, Fishers Island Surf Company LLC (a tenant of the owner), and one signed by me as agent. 2. Notice of Disapproval, dated December 19, 2017. 3. Application to the Southold Town Board of Appeals, duly sworn to by me as agent, including Use Variance Reasons and Applicant's Project Description with attached sketches showing portion of building affected and floor plan and description of business to be conducted. 4. Questionnaire, signed by me as agent, together with a copy of Pre- Existing Certificate of Occupancy No. Z23568 covering a three-family dwelling. 5. Short Environmental Assessment Form, signed by me as agent. 6. LWRP Consistency Assessment Form, signed by me as agent. 7. Agricultural Data Statement, signed by me as agent. FEB ®�RECEIVED �c �a Ms. Kim Fuentes 2018 Page 2 February 7, 2018 ZONING BOARD OF APPEALS 8. Two letters of authorization, each dated February 2, 2018, signed by Robert G. Warden, as managing member of the owner, Fishers Surf Shack LLC, one authorizing the applicant, Fishers Island Surf Company LLC to make this application and the other authorizing me to act as its agent in connection with this application. 9. Letter of authorization, dated February 5, 2018, signed by Cory J. Anderson, as managing member of the applicant (a tenant of the owner), Fishers Island Surf Company LLC, authorizing me to act as its agent in connection with this application. 10. Copy of current assessment cards for the subject premises from the Office of the Board of Assessors. 11. Sheet containing seven color photographs showing the exterior of the building and the interior space to be used for the business. 12. Survey Map prepared for Fishers Island Surf Company LLC by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated December 29, 2017. 1 have also enclosed my check to the Town of Southold in the amount of $1,000 to cover the application fee. Please review the enclosed and give me a call if you require any further information, documentation or payment before this application can be placed on your calendar for the earliest possible public hearing. Thank you for your attention to this matter. Very truly yours, Stephen L. Ham, III Enclosures �*AfF0[,r ELIZABETH A.NEVILLE,MMC ,ZO CQ Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS %A-O Fax(631)765-6145 MARRIAGE OFFICER ,y ��. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �0,� •�� www.southoldtownny gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: February 13, 2018 RE: Zoning Appeal No. 7162 Transmitted herewith is Zoning Appeals No. 7162 for Matthew & Ham Attorneys & Counsellors at Law for Fishers Surf Shack LLC. The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire Agricultural Data Statement Short Environmental Assessment Form ___LApplicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form Notice(s) of Disapproval Board of Zoning Appeals Application Authorization �Certificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos Correspondence- crl 011 f rnfiYf/h Zcl�dl wl�l `�()� �il'Y�G (S PrVL Copy of Deed(s) -/i'vtn Fu wtr 5 -+ �o h e4,-L;}IiI.,w j A p p I. e byt r 1-tftf-r Building Permit(s) Property Record Card(s) Survey/Site Plan Maps- Drawings Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- R P5 Wtf In huf o f ro 5Py oyxlI S to Fi -er'5 6ha,( - L C-; Ar+icfe5 0f DrIZaiOYU I ZONING BOARD OF APPEALS — i Hall Annex, 54375 Route 25 P.O. Box 1179 I OG Southold, New York 11971 y� Fax(631) 765-9064 a Telephone (631) 765-1809 dol �a MEMO Date: March 15, 2018 To: Elizabeth Neville, Town Clerk From: Leslie Kanes Weisman, Chairperson ZBA Kim Fuentes, Board Assistant Subject: Refund request Please see MinuteTraq entry—Record No. 13939 completed by Kim F. A refund is requested for the following application: ZBA File No. 7162—Fishers Surf Shack LLC (Partial) Refund recommended - $750.00 Reason: Variance—Applicant Withdrew Use variance pursuant to Section 280-48A(13). Please send the check to: Matthews & Ham, Attorney's at Law 38 Nugent Street Southampton,NY 11968 Thank you. . Encls. cc: Acct. Dept. * * * RECEIPT * * * Date: 02/13/18 Receipt#: 234840 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7162 $1,00000 Total Paid: $1,00000 Notes: Payment Type Amount Paid By CK#15388 $1,00000 Fishers, Surf Shack Llc Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Fishers, Surf Shack Llc C/o Matthews & Ham 38 Nugent St Southampton, NY 11968 Clerk ID: SABRINA Internal ID*7162 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE : FEBRUARY 12, 2018 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP Matthew & Ham RECEIVED Attorneys & Counsellors 7162 at Law for: 15388 $1000.00 FISHERS SURF FEB 1 3 2018 SHACK LLC Southold Town Clerk TOTAL $1000.00 Sent via Inter-Office to Town Clerk by: ES Thank you. .��.,--yam..•-� �..�- -.,.,. ..,�� TRN .1� & COCS: L;LRS- r'A ^�'y/l-s r38 Nl 'NT&E T_ -`�'j �\t`✓r`✓��.`. ,. -„�_s'"�✓ i �. -ti• �./ .'� .-';+.,✓ :�.J'FY. _ �. .+_ !� 1 /210. \r �.- '"��t9� /�~`�.-��:�+.�..✓�..���,; ".-.` 'moi`- �'..`-../''ti✓'.��✓...'�.� J--.. '�v:- +`Y',.,-+,�'-�,.,,,`-:r -�:.� ,`` AT _ ._ -„ - �-. - "•PAIS ✓- i--� _f. --•`� }� ..-� .��".--^�`'' ,�'�-'ii"'y�'`�_'_... ' .._'����.,�- .•r"�`•-`r"� -- 'ORDER OF- +'�-'':: �" .. :�"!•�"'".�' ~..�� f_��'��+ .r_o i� �� _.-��-�--'..-� �/ "�` 'IDOL-L'AR�I•*j�`�-m i — pis/y~��.�1 � ,r, \�'�-moi•.h._. -y` J..� �'� y,1�.����`.,'^�, 4-'—1 mo.`s ....� �!^_'•a�Y.-�./~.. - .� .,;- .may 1PMo.Igan Cha a sank MA-1-►"�I =✓� � ._ _� ��✓�^ ✓_;..!';� 1��.� `+�!-~`\' W"kWC6 a Mm --_ ._-. -...-•�;''.-�' r ter_,-��•-��,. �!' .1'�`��,.��✓'��%'^^�'� -✓ �•�.� ..,,,^� �_. „�✓„�,�/4"�„t�•�� � r _ r BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson 0f S0UryO 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporat Office.Location: Eric Dantes Co- Town Annex/First Floor,Capital One Bank Gerard P.Goehringer .�c►O • �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento IyC�U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax (631)765-9064 MEMO To: Mike Verity, Chief Building Inspector From: Leslie Weisman, Chairperson Kim Fuentes, Board Assistant Date: February 21, 2018 RE: ZBA#7162 Fisher's Island Surf Shack Montauk Avenue, Fisher's Island SCTM No. 1000-10-7-3 Please see attached application requesting a use variance for property located on Fisher's Island. The public hearing is scheduled for May 3, 2018. We ask that the Building Department conduct an inspection of the site during a visit to the Island. If you are able to take photographs of the site, it would be most helpful. Furthermore, we can ask the applicant to arrange for auto transportation to the site, if required. Just let us know when you wish to calendar the visit. Thank you for your assistance and please let us know if you need any further information. Encl: Copy of Application—Fisher's Island Surf Shack Fuentes, Kim From: Fuentes, Kim Sent: Wednesday, January 10, 2018 12:10 PM To: 'Stephen Ham' Subject: RE: Wells - Montauk Avenue, Fishers Island - Retail and two dwellings Hi Steve, I was able to receive guidance relating to your inquiry. Your application seeking relief from Section 280-48A (13) requiring that "dwelling must be occupied by the owner of the property" would be considered a Use Variance. Please let me know if you have any additional questions or concerns. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex. 5011 E-mail:kim-f@southoldtownny.gov - From: Stephen Ham [mailto:stevehaml90(a)gmaii.com] Sent: Friday, December 29, 2017 11:30 AM To: Fuentes, Kim Subject: Re: Wells - Montauk Avenue, Fishers Island - Retail and two dwellings Thanks, Kim I hope to have the measurements/square footage of the apartments themselves by the end of the day. Happy New Year to you as well! Steve Stephen L. Ham, III, Esq. Matthews & Ham 38 Nugent Street Southampton, NY 11968 Phone: (631) 283-2400 Fax: (631) 287-1076 e-mail: matthamesq a,aol.com On Fri, Dec 29, 2017 at 11:26 AM, Fuentes, Kim <kimf e,southoldtownny,gov> wrote: i Fuentes, Kim From: Stephen Ham <stevehaml90@gmail.com> Sent: Tuesday, December 19, 2017 12:02 FM To: Fuentes, Kim Subject: New Variance Application Question Attachments: Warden - Surf Shack Disapproval.pdf Hi Kim - A client who has a Pre-Existing 3-family residence in a "B" Zone wants to convert the bottom floor residential space to a retail business use. Building Department says lot area OK eve though less than 30,000 square feet because we are in the same building but we need variance for a 2-family. See attached disapproval. My question is whether the Board would consider this an area or use variance for purposes of my application. Thanks. Steve Stephen L. Ham, III, Esq. Matthews & Ham 38 Nugent Street Southampton,NY 11968 Phone: (631) 283-2400 Fax: (631) 287-1076 e-mail: matthamesq(@aol.com i Fuentes, Kim From: Fuentes, Kim Sent: Tuesday, February 13, 2018 11:26 AM To: 'Stephen Ham' Subject: RE: Fishers Island Surf Shop Steve, ZBA counsel reviewed your legal opinion, and he deemed it satisfactory. Thank you. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex. 5011 E-mail:kimf@southoldtownny.gov From: Stephen Ham [mailto:stevehaml90@gmaii.com] Sent: Tuesday, February 13, 2018 10:48 AM To: Fuentes, Kim Subject: Re: Fishers Island Surf Shop Thanks, Kim. May 3 should be fine. I expect to have more photos for you by the end of the week. Does my plan to send you a legal opinion attesting to the authority of the managing members of the two LLCs work for you? Best. Steve Stephen L. Ham, III, Esq. Matthews & Ham 38 Nugent Street Southampton,NY 11968 Phone: (631) 283-2400 Fax: (631) 287-1076 e-mail: stevehaml90@gmail.com i R On Tue, Feb 13, 2018 at 10:29 AM, Fuentes, Kim <kimf e,southoldtownnygov> wrote: Hi Stephen, We previously tentatively scheduled the subject public hearing for June 2018, but we are able to move the hearing up to May 3, 2018, instead. Let me know if the date is satisfactory. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809. Ex. 5011 E-mail:kimf@southoldtownnv.dgov r 2 BOARD MEMBERS OF S0 Southold Town Hall Leslie Kanes Weisman,Chairperson �y,� y�l 53095 Main Road•P.O.Box 1179 ti O Southold,NY 11971-0959 Patricia Acamporac Office Location: Eric Dantes N Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 0 ,^�aa�� 54375 Main Road(at Youngs Avenue) Nicholas Planamento lycouff Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS ,n TOWN OF SOUTHOLD D UVJ Tel.(631)765-1809 •Fax (631)765-9064 6 218 FEB 4 MEMO Southold Town Planning Board TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: February 12, 2018 SUBJECT: Request for Comments ZBA #7162 FISHERS ISLAND SURF SHACK, LLC The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, 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 TAX# ZBA# HEARING CODE DATE OF PREPARER ZONE DATE SECTION STAMPED OF SURVEY DIST SURVEY/SITE PLAN FISHERS 1000-10- 7162 June 7, Article XI 12/29/2017 CME ISLAND 7-3 2017 Section 280- Associates SURF 48 Engineering SHACK, LLC Your comments are requested 1 week prior to hearing date. Thank you. Ends. BOARD MEMBERS �QF sorry Southold Town Hall Leslie Kanes Weisman,Chairperson y> 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora [ Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 0 �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento IyC�U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 -Fax(631)765-9064 February 12, 2018 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale : Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 7162 Owner/Applicant : FISHERS SURF SHACK, LLC Action Requested: Alterations to an existing three family dwelling to convert to a two family dwelling with a retail surf shop. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA irperson By; e Encls.