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Home My WebLink About7226 8rovn4.well, Pruee + mcg7ro j, Anne loa 0955 J5qaf L—e LLO 9.� P� ll I , J o ce l2obe✓f I o� i `y e ckj !i &,16-3 Spe.i z{ 3 (xd voow► 7� 0�5s-Q- al6ja CHECK BOXES AS COMPLETED e-�j ( ) Tape this form to outside of file ( ) Pull ZBA copy of ND I D n y O ( ) Check file boxes for , - a � a � ( ) Assign next number, ' cD ca outside of file folder; o ( ) Date stamp entire o file number 3 v � 5 � 03 ( ) co 8 Hole punch entire of �' x n- oCn o (before sending to T o) fu ( ) Create new index cz �'_CD ° ` o ( ) Print contact info & � �° ( ) Prepare transmittal 6 -, (D o m 0 ( ) Send original applic n' w to Town Clerk > C31 ( ) Note inside file fold CD m m and tape to inside c o ( ) Copy County Tax lVl D D neighbors and AG I m ( ) Make 7 copies and # ( ) Do mailing label V- N N I / Cn 0) aa�(3 m $1d5 • t �� - T4C M BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��0� SU(/jy0 53095 Main Road•P.O.Box 1179 !� Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �pQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �lyCOU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD & @ 9.23 Am Tel.(631)765-1809•Fax(631) 765-9064 D E C 2 4 2018 e�4� FINDINGS,DELIBERATIONS AND DETERMINATION Sou hold Town Clerk MEETING OF DECEMBER 20,2018 ZBA APPLICATION #: 7226SE APPLICANTS/OWNERS: Bruce Brownawell and Donna McElroy PROPERTY LOCATION: 1855 Depot Lane, Cutchogue,NY SCTM# 1000-102-01-09.001 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further requirements under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 30, 2018 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. BASIS OF APPLICATION: The applicants request a Special Exception pursuant to Article I11, Section 280- 13B, Subsection 14 of the Zoning Code, to operate a Bed and Breakfast within their existing single-family dwelling, accessory and incidental to their residential occupancy under the Building Department's Certificate of Occupancy —Pre-CO 39661, dated May 25, 2018. The proposed three (3) bedrooms for lodging and serving of breakfast to six(6)B & B casual, transient roomers was created by the prior owner in ZBA decision# 6453 dated March 24, 2011. ADDITIONAL INFORMATION: By deed filed August 3, 2018, the entity known as 1855 Depot Lane, LLC took ownership of the subject premises. Correspondence was received from two neighbors expressing support for the planned renovations. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 6, 2012 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, and upon review of the code requirements set forth pursuant to Article III, Section 280-13B(14) to establish an Accessory Bed and Breakfast, the Board finds that the applicant complies with the requirements for the reasons noted below: 1. Bruce Brownwell and Anne McElroy, the applicants herein, are the sole owners of 1855 Depot Page 2, December 20, 2018 #7226SE, Brownawell and McElroy, 1855 Depot Lane, LLC SUM No. 1000-102-1-9.1 dwelling with two car garage, three one-story frame buildings, and frame coup, as shown on the survey by Kenneth M Woychuck dated June 5, 2018. The owners/applicants will continue to occupy same as their principal residence while the Accessory Bed and Breakfast facility is managed and operated. Bruce Brownwell and Donna McElroy will continue to be the sole owners/ shareholders of 1855 Depot Lane LLC while the Accessory Bed and Breakfast facility is managed and operated. 2. The applicants plans comply with the on-site parking requirements and provide for five (5) parking spaces, two for the principal single-family use and one (1) for each of the Accessory Bed and Breakfast bedroom(s) 3. The applicants complies with the requirements of a dwelling unit as defined in Section 280-4 of the Zoning Code 4. The Accessory Bed and Breakfast, as applied for, is reasonable in relation to the District in which it is located, adjacent use districts, and nearby and adjacent residential uses. 5. The Special Exception is accessory to the principal use and will not prevent the orderly and reasonable use of adjacent properties. 6. This accessory will not prevent the orderly and reasonable uses proposed or existing in adjacent use districts. 7. No evidence has been submitted to show that the safety, health, welfare, comfort, convenience or the order of the town will not be adversely affected. 8. This zoning use is authorized by the Zoning Code through the Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is required by code before an Accessory use may be occupied. 9. No adverse conditions were found after considering items listed under Section 280-142 and 280- 143 of the Zoning Code. 10. Submission of a Certificate of Compliance or similar document will be necessary for issuance by the Building Inspector certifying that the premises conforms to Chapter 280 of the Zoning Code for an Accessory Bed and Breakfast use. 11. 1855 Depot Lane LLC is an Limited Liability Corporation and an LLC cannot reside in a dwelling; however, all of the owners/shareholders of the LLC use the property as their principle residence and made the special exception application in their personnel names and not through the corporation. 12. On December 3, 2018 the applicant submitted an Affidavit of Residency wherein the applicants being duly sworn and depose that they are sole members of the LLC, that the premises is their primary residence and agree not to transfer any interest in the LLC to other person or entities. RESOLUTION OF THE BOARD: In considering all of the above factors, motion was offered by Member Dantes, seconded by Member Planamento, and duly carried to GRANT the Special Exception permit for an Accessory Bed and Breakfast, to be used only in conjunction with the applicants-owners residence, as applied for and shown on the survey by Kenneth M Woychuck dated June 5, 2018 and floor plans entitled "As Built First Floor Plan" prepared by Robert I. Brown dated August 8, 2007 and labeled A-I and A-2. SUBJECT TO THE FOLLOWING CONDITIONS: 1. This Special Exception Permit requires an operating permit and inspection by a Code Enforcement Officer from the Building Department that must be renewed annually. It is the applicant's responsibility to contact the Building Department on an annual basis to schedule the required inspection. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke Page 3, December 20,2018 #7226SE, Brownawell and McElroy, 1855 Depot Lane, LLC SUM No. 1000-102-1-9.1 the Special Exception Permit granted herein. Furthermore, this Special Exception Permit is non- transferable. 2. The applicants must certify annually by affidavit or other proof that they remain the sole owners/shareholders of 1855 Depot Lane LLC. If other shareholders are added to 1855 Depot Lane LLC the Zoning Board of Appeals shall hold a hearing to determine if the special exception should be rescinded based on the fact that the property is no longer a principle residence. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. NOTE: This Special Exception permit cannot be transferred to new owners Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception permit as granted herein. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dantes(Vice Chair), Acampora, Planamento and Lehnert. This Resolution was duly adopted (4-0). (Chairperson Weisman absent) � -;z fl� Eric L. Dantes Vice Chair Approved for filing �—/�-� /2018 ISSUES/REVISIONS REcMEc R306,6D AS NOTED BPFEE: py. r (^k� �Ir�`/�� NOTIFY BUILDING f.EF,--STM' AT LUMBER CERTI`IC/',,?; L(-NTNG�j` TBS-1802 8 A TO 4P,J FOR THE 4LEAD COF:TLI!, L FDNOTIFY INVECTtO!:S CE 7T1FICATE&OCCUPANCY I.FOUKDATION-TWO P.EOUIRED 'OLDER USED IN WATER FOR H-FR TNG A FL UPPL Y SYSTEM CANNOT 2.ROUGH-FRAMING 6 FLUI,:SIIIG 3.INSULATION XCEED 2/10 OFT%LEAD. a.FINAL-CO• .7 JIDN MUST BE COMPLT_T-,;;C.O. ALL CONSTRUDi,',SHALL MEET THE REOUIgEMEN",S OF THE CODES OF NEW PLUMBING- YORK STATE NOT RESPONSIBLE FOR ALL PLUMBBJG WASTE DESIGN OR CONSTRUCTION ERRORS ,8 WATER LINES NEED 5TOPAGE TESTING BEFORE COVERING COMPLY WITH ALL CODES OF NEW YORK STATE 6 TOWN CODES AS REQUIRED AND CONDITIONS OF ELECTRICAL INSPECTION REQUIRCD OPEN PORCH \ �' v•_^E r A JJ,'4*T,,l e-er}T:?cnfi S kys=—� Mal tt req u�ra- O T� a (p USE SPANCY UNLAW UL 5 WITHOUT CERTIFICATE OF OCCUPANCY GARAGE ;-5• A AUGUST,am/ .-Are RETAIN STORM WATER RUNOFF ,AUGUST.— EwsnNc coNomoNs wc"EN PURSUANT TO CHAPTER 236 OF THE TOWN CODE �` �- THESE PIANS ARE AN INSTRUMEM OF SEAVN:E b _ M!D AIiE THE PROPERTY OF T"E MCI1RECf. INFRINGEMENTS WILLBE PROSECUTED wW ALLRICHIS RESERVED _ UP .SEI DEDROOM 3 o Robert I. Brown Architect,P.C. ZDLI T.,—�1 xo5 Bay Ave. Greenport NY info@ n brownarchitect.com ------- 631-477-9752 T-0' nREPUOE 2'G TE IS A VIOUTION OF THE NW FOR ANY PERSON, NREPIAG[ U O NLESS ACITNG UNDER THE DIRECTION OF A f IICENSED ARCHffER,TO ALTER ANP ffEM ON �� ♦ THIS DRAWING N ANY WAY.ANY AVrHOR= ALTERATION MUST BE NOTED,SEALED,AND DESCRIBEDENACOORZA EWEm TIELAW. PINING RDOAI Ary,. / o�qT L BF'D'NP E0" b w i c\ �y �\ LIVING ROOM FINAL MAP "�" UP REVIEVIVED V • ZB - NEM/OWNER I,•-�I 5• FARMHOUSE B&B SEE DECISION # _.J.L.�r JOYCE BARRY nx 1859 DEPOT LANE DATEDIL AOM.l V CUrCHOGUE,NY PORCU PROJECT TRIF AS BUILT DRAWINGS DRAWING T:RE AS BUILT .. r . . FIRST FLOOR PLAN (AS BUFIRST FLOOR PLANILT) _ $GATE I„•_i•{� �� ](I ODJ• o._f �`\` BAucusr.,e„ DRAWING NO Al ISSUES/REVISIONS RECEIVED AUG 0 8 2ojj, Lc 1NING FlOAkL,()F AWL;AIS - TUB 01 ORM[R BATHROOM i TL' 0 1 O-M BEDROOM b AUCUST.2m 4 AUGUST• q DOSONG CONDmONS THESE PLANS ARE AN INSTRUMENT OF SERVICE AND ARE THE PROPERTY OFTHE ARCHITECT- INFRINGEMENTS WILL BE PROSECUTED aub ALL RIGITISP6IRVED pl-A �• 6 a �s� BATN � Robert I. Brown ROOM2 O 7-*7— O Architect,P.C. DC'- 55 s-5 ort NY in 0@ lbrowTIa h tectxom 631-477-9752 IT BRIM CNIMN[Y UIS SICCATION OF THE UW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTIONANYIT OF A TIS DRA NGIN AN WALTER ANYPFMON _ THERATIO MIN ANY WAY.ANY LED.ANIZED ALTERATION MUST R NOTED,SEALED.AND ' DESCRIBED IN ACCORDANCE WITH THE LAW. BEDRDDI,2 � ,SERED AgCW FINAL MAP 5-BI2• r-z _ B[DRDDM3 REVIEWED BY ZBA ,�,`� �TNRDOAI3 - CLRNT/OWNER SEE DECISION # 9� N•.91,2 `-B. FARMHOUSE B&B /-29- I IS �}/ JOYCE BARRY DATED 1855 DEPOT LANE CUTCHOGUE,NY PROJECT TITLE AS BUILT DRAWINGS DRAWING TRLE : AS BUILT SECOND FLOOR PLAN (AS BUILT) FIRST FLOOR PLAN SCALE B AUGUST,aaT SC_L:44",c PRELIMINARY DRAWINGN A2 i S.C.T.M.# DISTRICT 1000 SECTION 102 BLOCK 1 LOT 9.1 7aa�(��- RECEIVEL AUG 5 2)0 Ta LAND N/F OF GRATTTAN LY RREVOCABLEM RUST014 ZONING BOARD OF ANNEALS 266 92' Xt 6°57'30"L W000 RAIL FENCE FC 0 v N U.P n � a c 0 m U' O W U' ro 45.7' - Z 1FRAME In CRUSHED STONE/CONC. DRIVEWAY v BUILDING Td 20.4' c� II 0. WOOD RAIL FENCE 0 r� b n/ TT 12.2' � � 0 N~ ^ l 25.5 ZL�OD a a aZ¢>U J�W PICKET FENCE UP j r 253- 41.6' 7 ° 8.7' �= lV 7.J FRAME �,g 2 STY FRM H COOP DWELLING 0 5 p' 25.6' 6.0' /1855 W0p L s - R ° ° �g • � I 2.9 .Y 8.6' 2 CAR ° GARAGE + G n ^8.6' N U _ U °p 24.9' 471' 24.4' I STY FIRM CRUSHED STONE/CONC. DRIVEWAY 0 fA W C7 W A N I U OI 266 92' U.P MON LAND F 546°5730° GRATTTAN Y �E�,�D BY ZBA RREVOCAB SEE DECISION # DATED-a lam_ U AREA: 80,076 93 SQ FT or 1 84 ACRES ELEVA 77ON DATUM _---___—______________ UNAUTHORIZED ALTERA77ON OR ADDITION TO THIS SURVEY IS A NOLAROW OF SECTION 7209 OF THE NEW YORK STATE EDUCA77ON LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 77T1£COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TU7700V USTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE SCHOOL HOUSE LANE THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MLWUMENT THE PROPERTY LINES OR 70 CODE THE EREC77ON OF FENCES.ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EMDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF. LOT 1 CERTIFIED TO: ANNE ELIZABETH MCELROY MAP OF JOSEPH & BARBARA GRATTAN BRUCE JAY BROWNAWELL, CITIZENS BANK N.A. FILED:JUNE 27, 2006 No.1 1403 FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC; 0 20 40 60 SITUATED AT:CUTCHOGUE TOWN of SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional land Surveying and Design P.O. Boz 153 Aquebogue, New York 11931 THE WA7ER SUPPLY, HELLS, DRYWELLS AND CESSPOOL T M PRONg(691)Y96-166e FAX(691)YYl-1666 LOCA77ONS SHOWN ARE FROM FIELD OBSERVA77OJS 7FI-. 1$-65 SCALE 1'-20' DATE. JUNE 5, 2018 N.YS LISC. NO. 050882 a UW"w.r.... a ft h N ft—w B 1L—• IL T.l.hut AND OR DATA OBTAINED FROM OTHERS. -0 W-C ?y 'eA �jG COUNTY OF SUFFOLK lmeb(�- t VP -- vnn�n RECt'TVEE) AUG 30 2.01$ 10 91301,1Steven Bellone ZONING BOARD OFApF SUFFOLK COUNTY EXECUTIVE EALS Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment August 24, 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 Maida, Marco &Alexis #7222SE Breezy Shores Comm. Inc. (Nelson, David&Diane#24) #7223 LoGrande, Michael & Colleen #7224 Bronwawell (Bruce) & McElroy(Anne) #7226SE Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 0 HAUPPAUGE,NY 11788-0099 ■(631)853-5191 r ZONING BOARD OF APPEALS TOWN OF SOUTHOLD,NEW YORK Phone(631)765-1809 (631)765-9064 `. RECEIVED ACCESSORY BED and BREAKFAST IN EXISTING DWELLING APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: ZONING BOARD OF APPEALS TO THE ZONING BOARD OF APPEALS, SOUTHOLD,NEW YORK: ` _ Applicant(s), +'y.�c��l'o.>a•>ya..�.l t�� .,. ��L�-v��y of Parcel Location: House No. Street �� +�� Hamlet Contact phone numbers: G%\— 34.!\^ �` �''�'�� 3 4-5 SCTM 1000 Section IISL. U(> Block Ci ti CO. Lot(s)00q-W Lot Size Zone District C: hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE,ARTICLE III , SECTION 280 , SUBSECTION 13(B)14 for the following uses and purposes: as shown on the attached survey/site plan drawn to scale. A. Statement of Ownership and Interest: r'v is the owners)of properly known and referred to as (House No., Street,Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section Block Lot C09.. U L-'1, and shown on the attached deed. / The above-described property was acquired by the owner on / t ht B The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons C. In addition to meeting the standards prescribed by the zoning ordinance,the following requirements will be met: 1. The accessory B&B will be located only in the principal dwelling. AUG 0 8 'VR � Z;;7 2. The owner of the premises shall occupy the existing single-family dwelling unit as the owners' principal residence. ZC'rNiNG, yNPE.AALI, 3. A smoke alarm shall be provided on each floor and in every guest room. A fire safety notice shall be affixed to the occupied side of the entrance door of each bedroom for B&B use indicating; 1)means of egress, 2)location of means for transmitting fire alarms,if any;and 3) evacuation procedures to be followed in the event of a fire or smoke condition or upon activation of a fire or smoke-detecting or other alarm device 4. No sleeping rooms for B&B use shall be located above the second story. 5. The dwelling shall have at least two(2)exits and there shall be a window to code to provide emergency egress in every sleeping room for B&B use. Means of egress shall include at least one of the following alternatives: 1)A portable escape ladder that attached securely to the sill, shall be provided for second story rooms for B&B use,constructed with rigid rungs designed to stand off from the building wall, it shall be capable of sustaining a minimum load of 1,000 pounds,and shall extend to and provide unobstructed egress to open space at grade,2)an exterior stair per code,3)or limited area sprinkler system per code. 6. There shall be no exterior signage identifying the use as a Bed and Breakfast in residential areas. 7 No accessory apartment, as authorized by Section 280-13(B)(14), shall be permitted in or on premises for which a Bed and Breakfast is authorized or exists. 8. This conversion shall be subject to a building permit,inspection by the Building Inspector and Renewal of Certificate of Compliance annually 9. The existing building,together with this Bed and Breakfast, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. 10. This conversion for the Bed and Breakfast shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes.i D The property which is the subject of this application is zoned 'r'�S\c7 �0J and rk has not changed since the issuance of the Certificate of Occupancy attached. [ ]has changed or received additional building permits, and Certificates of Occupancy for these changes are attached or will be furnished. Yom' (Signature) COUNTY OF SUFFOLK) ss.. STATE OF NEW Y. Sworn to before me this day of Auqu5i 201$ (Not�Pic) TRACEY L. DWYER NOTARY PUBLIC,STATE OF NEW YORK NO.01 DW6306900 QUALIFIED IN SUFFOLK COUNTY 3/12COMMISSION EXPIRES JUNE 30,2QQ2X u PLICANT'S PROJECT DESCRIPTION 72-2yo 59 (For ZBA Reference) r'ECEPfED Applicant: Date Prepared Fj 2010 I. For Demolition of Existing Building Areas Please describe areas being removed: �yw� c 7_0NINf;ROARD OF APPEALS v II. New Construction Areas(New Dwelling or New Additions/Extensions): V.!Ib Nat— Dimensions of first floor extension: 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: M. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: V�hotiv- .rt,�- Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: 5 V-W— Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction Requested: N14r- VI. Please describe the land contours (flat,slope %,etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): A\�' Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction),or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 !RE'ETVED.4_7Z2jo��G AUG QUESTIONNAIRE ZQNINC,,;7_A,3ARD .)F APPEALS FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes VNo B. Are there any proposals to change or alter land contours? �o Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? NA D 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? "'o 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: 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? NA E. Are there any patios,concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? w5 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?'Nc�' If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: 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? *30 If yes, please label the proximity of your lands on your survey. \ I. Please list present use or operations conducted at this parcel �\ and the proposed use ,w.� 4 (ex:existing single family,proposed.same with garage, ther) Authorized signature and Date �'J e�•��o�G QECEIVEG AGRICULTURAL, DATA STATEMENT ZONING BOARD OF APPEALS " �' `0 'l��f^ 2 GUG TOWN OF SOUTHOLD /-(,NING f�(�ARf'i, APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permi4 site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet df a farm operation located in agricultural district: All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- m and 239=n of the General Municipal Law. 1)Naive of Applicant: 3�rwCe �y.•-•Neu �.-.� ,,,,,.�V`�•�1�lr 2)Address of.Applicant: 3)Naive of Land Owner(i£other than applicant) : 4)Address of Land Owner. ._ 5) Description of Propbsed Project: . 6)Location of Property(road and tax map number): \ 5'� �.Q�� -• \u2 -R _\ 7) Is the parcel within an agricultural district? ❑No RlYes If yes, Agricultural District Number {� t✓ 8) Is this parcel actively farmed? K1V o ❑Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel slumbers on theTown of Southold Real Property Tax System. Name and Address 2. —Z — Z a'w;s c tan 6 3. 4. 5. 6. (Please use back side of page if more than six property owners are identified.) The lot numbers maybe obtained,in advance,when requested from the Office of the'Planning Board at 765- 19 o bard 6T7MIMIs at 765-1809. Signature of Applicant Date Note: 1.The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation.Solicitation will be made by supplying a copy of this statement. 2.Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3.The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement 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.Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 RECEIVED ��a�s� 617.20 Appendix B Short Environmental Assessment Form 7 ENING 50ARU,)F 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 At or Project: Project Locati (describe,and attach a location map): Brief Description of Proposed Action: W1 lrP.� SNs�'v�Qg�•.a q 4-,._ i�y�+,r�..�� .ram a�`'��i�� ^ 31 � \-•" 15 �T w� v�`n��J\h .aa�d5 �ai+z �� c�:� �thiS �� `' Y Name of Applicant or Sponsor: Telephone: E-Mail: 5-5-Au AV-11 �i.►c. � �'`^^ Address: City/PO: State: M Code: (\ 1.Does the proposed action on 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? c7 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? -(�3`A acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑ Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial .Residential(suburban) ❑ Forest J(Agriculture ❑Aquatic ❑Other(specify): ❑ Parkland Page I of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? � ;- �/` Uta �� b.Consistent with the adopted comprehensive plan? - V 6. Is the proposed action consistent with the predominant character of the exis Qn b rural NO YES landscape? 1/ 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? V c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 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: (/ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: C>'"4 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: 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 II Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban WSuburban 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? "0❑YES � b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: BINO❑YES .L! Page 2 of 4 - ,-�a10% 18.Does the proposed action include construction or other activities that result i►pZndment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: t°"r; r' 21111 � 5 7i�APPEALS 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: 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: (/ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name.* �+.• >Jf�wNc..+�, �. `��/�Date: 4L k/ tR Signatur — Part 2- Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" �,�;`,.��- ��+�. r:i- �<. .. :,��'Y... °(cT'��fi�.� .,,,. �,_ - •sir� �' a No,or Moderate DI,. ?. ii3�_;,. :.#hT' �..t.a•r'.r.'!;�?,.rr''„H K: 7Y + Y�.aN-4SN:.i-• `psi small to large impact impact �;r"`•` -7t _�=--'�'-ty-• t�..z. .r',-• r.+.xsr t:�,4`'fi d. ,rwT,.r✓i:: may may Y :L ' ".r'�:ry',:;^+.,�.s<!;:.w,<.-.: �'�,'•f?•y.f�,,:c,r.;=fi�:.i� fY,.L,'}� K.'f.":s_. _ r ,+• ,ax �. 8.. _ .��_� .xa;t;;" :�-� �>,�' �;-'��'�:• '�,. �;, 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 '> No,or Moderate < r small to large impact impact .:_,-.'_ •= may may .� .i 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. 44-70,24�&' IECEIVED AUG r j r)N?NG rOARD OF APPEALS ❑ 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 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : �Cd� �o�� (Last name,first name,middle initial,unless you are applying in the name of someone els or other entity,such as a company.If so,indicate the other person's or company's name.) 1 X20 E TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit aECENED Variance Trustee Permit Change of Zone Coastal Erosion AUG rig 709 Approval of Plat Mooring Other(activity) Planning BONING 3OARU of APPEALS 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 V If No,sign and date below.If YES,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day o20_� Signature �--- Print Name Town of Sc i)ld 5/25/2018 c°Gym,; 53095 Main Rd '�ECETVE`) -�/ z c, Southold,New York 11971 72C�(pSL APPEALS _ PRE EXISTING CERTIFICATE OF OCCUPANCY No: 39661 Date: 5/25/2018 THIS CERTIFIES that the structure(s) located at: 1855 Depot Ln., Cutchogue SCTM#: 473889 Sec/Block/Lot: 102.-1-9.1 Subdivision: Filed Map No. Lot No. conforms substantially to the requirements for a built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 39661 dated 5/25/2018 was issued and conforms to all the requriements of the applicable provisions of the law. The occupancy for which this certificate is issued is: wood frame one family dwelling and three wood frame accessory storage sheds.* Notes: BP 33517 partial demolition C/O not requn-ed• BP 33884 relocate acct/building COZ-34138 BP 33885 relocate acct/building COZ-34139' BP 34286 interior alterations COZ-34145• BP 34400 additions/alterations COZ-34146; BP 41880 "as built"interior alterations COZ-39199 BP 42670 "as built"central au-conditioning COZ-39660. The certificate is issued to Barry, Robert& Joyce (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. 4 nut BUILDING DEPARTMENT RECEIVED TOWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT Z,_)NING DJAkU OF APPEALS LOCATION: 1855 Depot Ln.,Cutchogue SUFF.CO.TAX MAP NO.: 102.-1-9.1 SUBDIVISION: NAME OF OWNER(S): Barry,Robert&Joyce OCCUPANCY: ADMITTED BY: SOURCE OF REQUEST: Barry,Robert DATE: 5/25/2018 DWELLING: #STORIES: 2 #EXITS: 5 FOUNDATION: brick and poured concrete CELLAR: partial CRAWL SPACE: BATHROOM(S): 2 TOILET ROOM(S): 1 UTILITY ROOM(S): PORCH TYPE: DECK TYPE: PATIO TYPE: BREEZEWAY: FIREPLACE: double GARAGE: DOMESTIC HOTWATER: X TYPE HEATER: gas AIR CONDITIONING: TYPE HEAT: gas WARM AIR: HOT WATER: X #BEDROOMS: 4 #KITCHENS: 1 BASEMENT TYPE: unfinished OTHER: ACCESSORY STRUCTURES: GARAGE,TYPE OF CONST: STORAGE,TYPE OF CONST: SWIMMING POOL: GUEST,TYPE OF CONST: OTHER: VIOLATIONS: REMARKS: INSPECTED BY: JOHNJ DATE OF INSPECTION: 5/9/2018 TIME START: 11.26am END: 12 02pm - *pF SO!/Tyolo Town Hall Annex Telephone(631)765-1802 54375 Main Road Fax (631)765-9502 PO Box 1179 �o roger.rich ert a(D-town.southoId.ny.us Southold,NY 1 1971-0959 Oly Aa RECEIVE,^ 10 BUILDING DEPARTMENT TOWN OF SOUTHOLD ESL� CERTIFICATE OF ELECTRICIAL COMPLIANCE SITE LOCATION Issued To: Barry Address: 1855 Depot Lane C4 Cutchogue st: New York zip: 11935 Building Permit#, 42670 section: 102 Block. 1 Lot: 9.1 WAS EXAMINED AND FOUND TO BE IN COMPLIANCE WITH THE NATIONAL ELECTRIC CODE Contractor- AS BUILT DBA: License No. SITE DETAILS Office Use Only Residential X Indoor Basement Service Only Commerical Outdoor X 1st Floor Pool New Renovation 2nd Floor Hot Tub Addition Survey IX I Attic Garage INVENTORY Service 1 ph Heat Duplec Recpt Ceiling Fixtures HID Fixtures Service 3 ph Hot Water GFCI Recpt Wall Fixtures Smoke Detectors Main Panel A/C Condenser 2 Single Recpt Recessed Fixtures CO Detectors Sub Panel A/C Blower 2 Range Recpt Fluorescent Fixture Pumps Transformer Appliances Dryer Recpt Emergency FixtureTime Clocks Disconnect Switches Twist Lock Exit Fixtures TVSS F1 Other Equipment: "AS BUILT" - "ELECTRICAL SURVEY" - "NO VISUAL DEFECTS" Notes. 2- Central Air Conditioner Units. Inspector Signature: Date: May 22, 2018 0-Cert Electrical Compliance Form.xls FORM NO. 4 TOWN OF SOUTHOLD 7,2924 BUILDING DEPARTMENT iECETVEJ Office of the Building Inspector Town Hall (�(� Southold, N.Y. �r,NTP�r,7�ARr�OFAPPEALS CERTIFICATE OF OCCUPANCY No: Z-34145 Date: 12/23/09 THIS CERTIFIES that the building INTERIOR ALTERATIONS Location of Property: 1855 DEPOT LA CUTCHOGUE (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No_ 473889 Section 102 Block 1 Lot 9.1 Subdivision Filed Map No_ Lot No_ conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 7, 2008 pursuant to which Building Permit No_ 34286-Z dated NOVEMBER 10, 2008 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 INTERIOR ALTERATIONS TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to ROBERT & JOYCE BARRY (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO_ 4030551 09/25/09 PLUMBERS CERTIFICATION DATED 12/16/09 GARY STAHL Authorized Signature Rev. 1/81 FORM NO. 4 14--11102a&s TOWN OF SOUTHOLD tEGEIVED BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. +)NING 3OARiJ`�r At'N�AES CERTIFICATE OF OCCUPANCY No: Z-34146 Date: 12/23/09 THIS CERTIFIES that the building ADDITIONS/ALTERATIONS Location of Property: 1855 DEPOT LA CUTCHOGUE (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No_ 473889 Section 102 Block 1 Lot 9.1 Subdivision Filed Map No_ Lot No_ conforms substantially to the Application for Building Permit heretofore filed in this office dated DECEMBER 16, 2008 pursuant to which Building Permit No_ 34400-Z dated JANUARY 22, 2009 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ALTERATIONS AND ADDITIONS, INCLUDING ATTACHED TWO CAR GARAGE WITH UNFINISHED ATTIC ABOVE AND COVERED PORCH, TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to ROBERT & JOYCE BARRY (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-08-0099 09/25/09 ELECTRICAL CERTIFICATE NO. 4030551 09/25/09 PLUMBERS CERTIFICATION DATED 12/16/09 GARY STAHL r thorized Signature Rev. 1/81 Town of S, iold 5/25/2018 ay P.O.Box 1179 'ECE7VED a ' �!i 53095 Main Rd n P�IiY:! r, () 11091) Southold, New York 11971 7 nNrraG M ARf'r,r Ar'f EALS CERTIFICATE OF OCCUPANCY No: 39660 Date: 5/25/2018 THIS CERTIFIES that the building ALTERATION Location of Property: 1855 Depot Ln, Cutchogue SCTM#: 473889 Sec/Block/Lot: 102.-1-9.1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 5/10/2018 pursuant to which Building Permit No. 42670 dated 5/10/2018 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: central air conditioning for an existing one family dwelling as applied for. The certificate is issued to Barry,Robert&Joyce of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 42670 5/22/2018 PLUMBERS CERTIFICATION DATED Authorized Signature BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson y��F SID Southold 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 James Dinizio, Jr. 41 Office Location: Gerard P.Goehringer N ar Town Annex/First Floor,Capital One Bank George Horning yQ 54375 Main Road(at Youngs Avenue) Ken Schneider �'��Dur+m,��' Southold,NY 11971 kfCEIVEJ http.//southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD IR CEIVE`D r i �t �i GEfa Tel. (631) 765-1809•Fax(631)765-9064 1NING 4�"u� f�,�AR 2 4 2011 FINDINGS,DELIBERATIONS AND DETERMINATION ^�1 MEETING OF MARCH 16,2011 (� ZBA APPLICATION#: 6453 Soutifold Town Clerk APPLICANTS/OWNERS:Robert and Joyce Barry PROPERTY LOCATION: 1855 Depot Lane Cutchogue,NY SCTM#1000-102-1-9.1 BASIS OF APPLICATION: The applicants request a Special Exception pursuant to Article III, Section280- 13B, subsection 14 of the Zoning Code, to operate a Bed and Breakfast within their existing single-family dwelling, accessory and incidental to their residential occupancy. The proposed three (3) bedrooms for lodging and serving of breakfast to the B &B casual, transient roomers was created through the addition of an attached garage with unfinished attic and covered porch and other alterations to the applicants' existing one family dwelling under Certificate of Occupancy No Z34146 dated 12/23/2009 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 3, 2011 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood and other evidence, and upon review of the code requirements set forth pursuant to Article III, Section 280-13B(14) to establish an Accessory Bed and Breakfast, the Board finds that the applicant complies with the requirements for the reasons noted below: 1. Joyce and Robert Barry, the applicants herein, are the owners of the property, located at 1855 Depot Lane Cutchogue New York Suffolk County tax map number 473889-102-1-9.1 It is improved with a single family dwelling as shown on the survey drawn by Nathan Taft Corwin 3rd Land Surveyor dated July 24, 2009. The owners will continue to occupy same as their principal residence while the Accessory Bed and Breakfast facility is managed and operated. 2. The applicant's plans comply with the on-site parking requirements and provide for five (5) parking spaces, two for the principal single-family use and one (1) for each of the Accessory Bed and Breakfast bedroom.(s). 3 The applicant's comply with the requirements of a dwelling unit as defined in Section 280-4 of the Zoning Code 4. The Accessory Bed and Breakfast,as applied for, is reasonable in relation to the District in which it is located,adjacent use districts,and nearby and adjacent residential uses. 5. The Special Exception is accessory to the principal use and will not prevent the orderly and reasonable use of adjacent properties. The subject parcel is surrounded on three (3) sides by a farm and is approximately 80,100 sq. ft. in area with a principle structure of approximately 2770 sq ft. in size located well within the legal setback requirements of zoning code pertaining to this district. In addition the lot has several small accessory buildings including a horse barn and corral, r <ECETVED 79R si5 Page 2—March 16,2011 ZBA File#6453—Barry t` f h ilia ��.�a � �� 1,i CTM. 1000-102-1-9 1 pp 6. This accessory will not prevent orderly and reasonable•'ti,q��"$rQ0 s�d`��rAexi�tit in adjacent use districts. 7. No evidence has been submitted to show that the safety, health, welfare,comfort,convenience or the order of the town will not be adversely affected. 8. This zoning use is authorized by the Zoning Code through the Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is required by code before an Accessory use may be occupied. 9. No adverse conditions were found after considering items listed under Section 280-142 and 280-143 of the Zoning Code. 10. Submission of a Certificate of Compliance or similar document will be necessary for issuance by the Building Inspector certifying that the premises conforms to Chapter 280 of the Zoning Code for an Accessory Bed and Breakfast use. RESOLUTION OF THE BOARD: In considering all of the above factors, motion was offered by Member Dinizio, seconded by Member Goehringer,and duly carried to GRANT,the Special Exception permit for an Accessory Bed and Breakfast, to be used only in conjunction with the applicants-owners residence, as applied for, subject to the following condition; Condition: 1. Signs shall be located on the subject property indicating the location of guest parking and stating that cars are not permitted to back out onto the road That the above condition be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board. Ayes Members Weisman(Chairperson), Dinizio, Goehringer, Schneider This Resolution was duly adopted(4- 0) Member Horning was absent C eslie Kanes Weisman, Chairperson Approved for filing /2011 #: C18-35008 7o COUNTY CLERK'S OFFICE RECEIVED STATE OF NEW YORK COUVTY OF SUFFOLK N0,1 a i 7 ?C jt BONING BOARD pFAPPF-ALS I, JUDITH A.PASCALE,Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on 08/03/2018 under Liber D00012972 and Page 450 and, that the same is a true copy thereof,and of the whole of such original. In Testimony Whereof,I have hereunto set my hand and affixed the seal of said County and Court this 08/07/2018 SUFFOLK COUNTY� CLERK �l�.aLtXX_ Q YR a ACL_• JUDITHA.PASCALE SEAL I IIIIIII IIII VIII VIII VIII ILII ILII VIII VIII IIII IIII 1111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 08/03/2018 Number of Pages: 4 At: 11:14:03 AM Receipt Number : 18-0143182 TRANSFER TAR NUMBER: 18-00328 LIBER: D00012972 PAGE: 450 District: Section: Block: Lot: 1000 102.00 01.00 009.001 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $1,330,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE $15.00 NO $125.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $200.00 NO Transfer tax $0.00 NO Comm.Pres $23,600.00 NO TRANSFER TAX NUMBER: 18-00328 Fees Paid $23,995.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County F072 • r S� Number of pages •` RECOPDED ^�� [I i Hain C13 :1:14.0!,f AM *I cJr JUDITH R. PN1��HLE 1 This document will be public CLERK SUFFOLK GOON?V record. Please remove all L DOaLJ.��-,< Social Security Numbers P 450 prior to recording. DIS W-Ot:52o Deed/Mortgage Insenz Deed/Mortgage Tax Stamp �-xecoFding/Filing Stamps 3 FEES r Page/Filing Fee _ ao _ Mortgage Amt. — Handling 20 00 1. Basic Tax 2. Additional Tax _ TP-584 ��' Sub Total _ Notation _ Spec.'Assit. EA-52 17(County) Sub Total (` or Spec.!Add, _ EA-5217(State) TOT MTG.TAX _ R.P.T.S.q. _ �Y 'Dual Town Dual County Held for Appointment Comm.of Ed. S. 00_ p Transfer Tax --�/�— ' Affidavit Y(yMansion Tax y 1 Certified Copy _ — The property cov e y thisot a e is or will be i-prolkd by a one or twc NYS Surcharge 1.5, 00 Sub Total family dwelling only. Other YES or NO Grand Total If NO,see appropriate tax clause on page# of this instrument. �• 4 cot 11119 18021504 1000102000 000 009001 =��`�-�! 5 Community Preservation Fund Real T-I C'DTy 111111111Jill11111111111111111111111Consideration Amount$ moi-�JAg CPF Tax Due Verii 6 Satisfactions/Discharges/Reieases List Property-Owners Mailing Address Improved _ RECORD &RETLM TO: Vacant Lund Ph /02 yLla/[3�Oun (� J�c� 7S TD — �C A/V //9 7 'I'D Mall to: Judith A. Pascale, Suffolk County Clerk 7 Title Corn an 11nformation 310 Center Drive, Riverhead, NY 11901C -Name Fidelity 'title Ins. services www.suffo kccuntyny,gov/clerk Title# 8 Suffolk County Record.inn y & Endorsement Page This page forms pats of the attached made by: (SPECIFY TYPE OF INSTRUMENT) TLyCLI The premises herein is situated in G.�r SUFFOLK COUNTY,NEW YORX TO In the TOWN of In the VILLAGE or HAMLET of (:: Q � BOXES 6 THRU 8 MUST BE TYPED OR PRTNTED IN BLACK INK ONLY:PRIOR TO RECORDING OR FILING. I2-G10/..10(OOkk (over) i r0'7�—G3�4/37 Bargain and Sale Deed with ;nants against Grantor's Act, CONSUI:T YOUR LAW1_.. 3EFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD J —r13E USED BY LAWYERS ONLY 3��TH4 a IS INDENTURE,made the 11"'day of June Two'Thousand Eighteen ROBERT BARRY and JOYCE BARRY,as husband and wife 1855 Depot Lane Cutchogue,New York 11935 party of the first part, AND 1855 DEPOT LANE LLC 49 Shore Road East Setauket,New York 11733 party of the second part, WITNESSETH,that the party of the first part,in consideration of TENT DOLLARS($10.00)and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever,all that certain plot,piece or parcel of land, situate,lying and being SEE SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF. DIST: 1000 SECT: 102.00 BLOCK:01.00 LOT:009.001 SAID PREMISES KNOWN AS: 1855 DEPOT LANE,CUTCHOGUE,NEW YORK BEING AND INTENDED TO BE the same premises as conveyed by deed dated September 28,2007 and recorded October 11,2007 in Liber 12525 page 930 TOGETHER with all right,title and interest,if any,of the party of the first part of,in and to any streets and roads abutting the above-described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever,except as aforesaid AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for the conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.The word"party"shall be constructed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: / Aobertarry Joy B STATE OF NEW YORK,COUNTY OF SUFFOLK: On the 11 th day of June 2018,before me,the undersigned,personally appeared Robert Barry personally known to me or proved to the on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to the that he executed the same in his capacity, and that by his signature on the instrument,the individual,or the person on behalf of which the O individ ted, u e he instrument. No` Public 2oberT O. R�� Robert O Arrigo Notary Public,State of New York Suffolk County,No.4862988 Term Expires August 18,20 STATE OF NEW YORK,COUNTY OF SUFFOLK: On the 1 lth day of June 2018,before me,the undersigned,personally appeared Joyce Barry personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name i subscribed to the within instrument and acknowledged to me that she executed the same in her capac' ,and at by her signature on the instrument,the individual,or the person on behalf of which the indiv u act . e ted the instr t. N y Pu (.bp-- o. Arr:y Robert O Arrigo Notary Public,State of New York Suffolk County,No.4862988 d Term Expires August 18,2016 FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO.7404-000137 SCHEDULE A-1 (Description of the Land) For Tax Map ID(s): 1000-102.00-01.00-009.001 AMENDED 6/7/2018 ALL that certain plot,piece or parcel of land,situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, known and designated as and by Lot No, 1, as shown on a certain map entitled,"Map of Joseph and Barbara Grattan"and filed In the Office of the Clerk of the County of Suffolk on June 27, 2006 as Map No. 11403,which said lot is bounded and described as follows, BEGINNING at a point on the Southwesterly side of Depot Lane the following 206 65 feet from the comer formed by the intersection of the Northwesterly side of School House Lane with the Southwesterly side of Depot Lane; RUNNING THENCE along the lands now or formerly of Grattan Family 2014 Irrevocable Trust the following three courses 1.South 46 degrees 57 minutes 30 seconds West,266.92 feet; 2.North 40 degrees 32 minutes 19 seconds West, 300.29 feet, 3.North 46 degrees 57 minutes 30 seconds East,266.92 feet to the Southwesterly side of Depot Lane, THENCE South 40 degrees 32 minutes 19 seconds East along the Southwesterly side of Depot Lane,300.29 feet to the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commitment will Insure the title to such buildings and improvements on the premises which by law constitute real property FOR CONVEYANCING ONLY: Together with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises END OF SCHEDULE A Commrtmert for Till.Insurance Schedul.A-1 Descdpt— P^.nt.d: oe.w 15 9 1249 PM NY-FT-FR VH-01030.431004-SPS-<-1 a-7404.000137 Bargain and Sale Deed with Cov, is against Grantor's ,Acts CONSUw' YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS 1NSTRU`it N + ' 04 BE USED BY LAWYERS ONL'S' THIS INDENTURE made the 1 1''' clay of.lune Two Thousand Eighteen ROBERT BARRY and JOYCE BARRY, as husband and wife 255 Depot Lane Cutchog ue, New York 11935, part f the I. 1,.�i f �idIVED AND � a�S� IS-5-5 DEPOT LANE LLC AUG 'li E 2018 49 Shore Road 7�-)NTNG i?(iARB')rAPPEALS East Setauket, New York 11733 party of the smomii 1,, WITNESSETH. that the parte of the first part; m consideration ofTETQ DOLLARS Q 10 00) and odum kw,il.w cunuderatron paid by the party of the second part, does hereby grant and release unto the party of the McvnHl IRIJ i the heirs or successors and assigns of the party of the second part forever, all that certain plot. low" a 1,arw , Matz. Iving and being SEI; SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF. DIST: 1000 SECT: 102.00 BLOCK: 01 00 L(.1T: 009.0011 SAID PREMISES KNOWN AS• 1855 DEPOT LANE, CUTCHOGUE, NEW YORK BEING AND INTENDED TO BE the same fNemtses as conveyed by deed data--1 September 28, -'t O ,n October 11, 2007 in Liber 12525 page 930 TOGETHER with all nght, title and intr_rest, if anv, of the party of the first part of, ,I and to an, �trc�t abutting the above-described premises to the center Imes thereof. TOGETHER with ''•e appurtt n.t " ;-:state and rights of the party of the not part in and to said premises, TO 1 A\/E ANL '0t- herein granted unto the party of the second part the aetrs or successors and assigns of ; party oI !, forever AND the party of-the first part covenants that the parry of the not part has not done or su 't• ed anyth y w'�n eb said premises have been incumbered in anv wa) whatever, except as aforesaid AND the p, of tilt: !rr,t compliance with Section 13 of the Lien La" covenants that the Part), of the hist part will n _ivc th•= : .; i „ti;• for the conveyance and W hold the nght to receive such cOnsw1eratron as a trust fund to be t olod list int u k "'Pose of Paying the cost of the improvement and will apply the same first to the payment o e cost �. !rj, improvement before usmg any parl of the total of the same for any other purpose The ",ord '.l, i y ' shall N constructed as if it read "parties" whenever the some ofthis indenture so requires 1N WITNESS \WHEREOF_ the Party of the first part has duly executed this d ced rile day a; ; , ycat first above �N mien. J IN PRESENCE OF: / Robert Barre Joyc 1 STATE OF NEW YORK, COUNTY OF SUFFOLK- On the I I th day- of June 2018, before me the uncleingned. personally appeared Robert Barre personally known to me or proved to me on the basis of satisfactory evidence to be the HAVIdual WhOW nanle is subscribed to the WqNn Instrument and ackno"ledged to me that he executed the same In ht" capacity and that by ills slnnature on the instrument, the Individual, or the person on behalf of whruh the mdlvld ari ted,�rr u e `Ile mstRlmult Nor n Publlc +� Robert 0 Arrigo Notary public,State of New York SAfoll<County,No 4862988 . Term Expnes August 13, 20l STATE OF NEN\ FORK, COUNTT OF SUFFOLK: 0A APA EAL_q On the I I til day of June 201 S. before ine the unclerslRned, personally appearecl Jopce Barre personally known to me or proved to m,2 on the basis of satisfactory evidence to be the Indlvidtlal I ,, name is,subscribed to the w Ithm instrument and acknowledged to me that she executed the same in caPacl y, and that by her swrlo ire on the inti meat. the mclivAual, or the person on behalfol'whlch W Indiv 'lux aemd TV( d the Instrt ljent N lti ry Pubil Robert 0 Arrigo Notary r'uN c, State or No✓York Suifoik Cr,unty,No d8ii9�,3 Term Expres��,igusl 1S, 20 /� FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-U.lO13 S(,'HEDIJLE A-1 (Description of the Land) � ��p� For Tax Map ID(s), 1000-102.00-{)1.00-009,001 AMENDED 6/7/2018 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in t,ie Town of Sout;;,lo, I;o,rlfy Suffolk and State of New York, known and designated as and by Lot No 1, as shown on a certain maF ?nti ;,:d -mE,� cf Joseph and Barbara Grattan" and filed in the Office of the Clerk of the County of Suffolk on June 27, 200r) r:;s Ma,; ii\): 11403 which said lot Is bounded and described as follows BEGINNING at a point on the Southwesterly side of Depot Lane the following 206 65 feel rom the cc-,mire; 4,n- ed l.,r intersection of the Northwesterly side of School House Lane with the Southwesterly side of Depot Lure, RUNNING THENCE along the lands now or formerly of Grattan Family 2014 Irrevocable Trust the follo'vinti three cv,- es 1 South 46 degrees 57 minutes 30 seconds West, 266 92 feet, 2 North 40 degrees 32 minutes 19 seconds West, 30C) 29 feel, 3 North 46 degrees 57 minutes 30 seconds East 266 92 feet to the Southwesterly side of Dp:�ot 1.1-r,c THENCE South 40 degrees 32 minutes 19 seconds East along the Southwesterly side: of iDe.cot ,_a ,C "u'-) _ ,,t;; rr t,;, Point or place of BEGINNING THE POLICY TO BE ISSUED under In!s commitment will insure the title to such buildings an ,,;c,',; ,t; o premises which by law constitute real property FOR CONVEYANCING ONLY Together with all the right, l.itle and Interest of the pally of the firsi pail :?I ;n !I?ci land lying in the street in front of and adjoining said premises END OF SCHEDULE A Commitment for Title,isurance ------ Schedule 4-1 Oescripllo., ---- P;Inicd 0' IJ i�� '�a9 NV-FT-FR'\ -•-01030SPS-?-,?- 1n.1-00r TP-584 (4/13) New York State De ent of Taxation and Finance ;r, Reccrd!foif,cc c�',;>7e ta, , f' Combined Real Estate Transfer Tax Return, _ Credit 'Line (Mortgage Certificate, and Certification of Exemption from the I RECEIVED Payment of Estimated Personal Income Tax ')NTNG ,1,1ARr,(�F;APPEALS See Form TP-584-1, Instructions for Form TP-584, before completing this form Print or Type_ Schedule A - Information relating to conveyance Grantor/Transferor Name(if,nd,vrdual last first noddle uufrall(Q check,(more than one granto,) Socia! `h L1 Individual Barry, Robert and Barry, Joyce ❑ Corporation Mailing address Sociui s -„r,l, runt ❑ Partne.rship 1855 Depot Lane ❑ Estate/Taisr City - - - -El ----- --------- State ZTIP codeFede al F_iNI Singe,n-iember LLC CUtchogue NY 1 1935 ❑ Other Single member s name: if grcintor is a single member LLC (see,nsfiuchons) Singe. me^. bei EIN e SSN Grantee,/Transferee Name Irl rndrvrdual.laSL i,rst m,ddlem Uall(�check,fmore than onegrantee) ��- a�rit i Indw,du,11 1855 Depot Lane LLC Corporation Mailing address -- Social seca.�r,t� iamb -- L1 Partnersn,p 49 Shore Road Estate/Trust City State ___ - - - ZIF ,:;ode i Federal EI^J ❑I Single member LLC East Setauket NY 11733 [�j Other Single member's name rf grantee is a single member LLC(sea,nshucbons) I Sieg,emher EIN o ':>N - i Location and description of property conveyed Tax map designation - SWIS code Street address -- —,------ — Section, block & lot (six digits) ❑ City, ,o�"l or v'lage County (include dots and dashes) 102 00/01 00/009 001 1857 Depot Lane ❑ 473889 Southold Suffolk Typ,: of property conveyed (check applicable box) -- ---------- __ 1 [J One- to three-family house 5 ❑Con-imerc(al/i ndustrial Date of conveyance 2 ❑ Res�dentlal cooperative � Percentage o1 real propel-.,y❑Apartment building cor;veyed vi! ict, i` res(oential 3 ❑ Residential condominium 7 ❑Office building 06I 11 12018 4 ❑ Vacant IanCl month real properly ----____--SOU 8 ❑ Other day year - (seg r,�stnucfin^s) Condition of conveyance (chec!,all that apply) - -- - - ---- --- f ❑ Conveyance which consists of a I ❑ Option assignn-,er,i or c ur(ende, a �x� Conveyance of fee interest mere change of Identity or form of ownership or organization(attach `:otm TP-584 1, Scheovle F) m ❑ Leasehold assn e; or su.,cr,Jei b ❑ Acquisition of a controlling interest(state percentage acquired o 9 ❑ Conveyance for wh(cl t credit for tax n ❑ Leasehold grant previously paid will be claimed(attach ❑ Transfer of a controlling interest (state Foran TP-584 1, Schedule 3) percentage transferred /oo o ❑ Conveyance of an aasnrrr,r r) h El Conveyance of cooperative apartment(s) d ❑ Conveyance to cooperative housingp EDConveyance for tvhie'h c,empt,o;- corporation ❑ Syndication from transfer tax clair,led (ComnlEte Schedule 8, Part 1//) ❑ t ❑ Conveyance of air rights or development rights q ❑ Conveyance is grope 1} partly hie Conveyance pursuant to or in lieu of foreclosure or, Y k ❑ Cenforcement of securit and partly outside the s t ate interest(attach Form TP-564 1, Schedule E) ontract assignment r ❑ Conveyance pursuant In drvorc-j ;r ;eF.+ral!on Forrecording officer's use Amount received s ❑ Other(describe) Date received Transacti VI rurnl.F!r Schedule 6 , Part I S Schedule B Part II S --- Page 2 of 4 • TP-584 (4/13) -7,1^ �((�J Schedule B — Real estate transfer tax return (Tax Law, Article 31) Part I - Computation of tax due -- 1 Enter amount of consideration for the conveyance (if you are claiming a total exemption from tax, cl,eck the exemption claimed box, enter consideration and proceed to Part 111) Exemption claimed 1. 133 00 00 2 Continuing lien deduction(see instructions if property is taken subiect to mortgage or lien) 3 Taxable consideration (subtract line 2 from line 1) � i — _ 133 X00 00 4 Tax S2 for each $500, or fractional part thereof, of consideration on line 3 F .•t, f 20 00 5 Amount of credit claimed for tax previously paid(see instructions and attach Form TP-584 1, Schedule G) 5 __ _00 G Total tax due' (subtract line 5 from line 4) i 0. � "�20 00 — Part 11 - Computation of additional tax due on the conveyance of residential real property for S1 mullion or more _ 1 Enter amount of consideration for conveyance (from Pal I, line 1) 1 1. 2 Taxable consideration(rnultroly line 1 by the percentage of the premises which is residential real proper(- as shown rn Schedule A) 3 Total additional transfer tax due' (multiply line 2 bh 10/o (ol)) Part I I I - Explanation of exemption claimed on Fart I line 1 (check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the followincl reason a Conveyance ,s to the United Nations, the United States of America, the state of New York, or any of their instrumentailie.s, agencies, or political subdivisions (or any public corporation, including a public corporation created pursuant to ay e.�menl cr compact with another state or Canada) L_) b Conveyance IS to secure a debt or other obligation c Conveyances without additional consideration to confirm, correct modify or supplement a i_)rIor conveyance d Conveyance of real property is without consideration and not in connection with a sale, inclua ng conveyances cv realty as bona fide gifts _:inveyin:, e Conveyance is given in connection with a tax sale L ] f Conveyance is a mere change, of identity or foim of ownership or organization where there is no change in be r ti ial ownership (This exemption cannot be claimed for a conveyance to a cooperative housing corpor�ition of real prop-ero,, comprising the cooperative dwelling or dwellings ) Attach Form TP-584 1, Schedule F g Conveyance consists of deed of partition I h Conveyance is given pursuant to the federal Bankruptcy Act Conveyance consists of the execution of a contract to sell real property, without the use or occupancy o f such properly, or the granting of an option to purchase real property, Without the use or occupancy of such property ! � Conveyance of an option or contract to purchase real property with the use or occupancy of such properly, where the consideration is less than 5200,000 and such property was used solely by the grantor as the grantor's pers,)nal residence and consists of a one-, two-, or three-family house, an individual residential condominium unit, or the sale of stock in a Cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold coven ,I air ndividual residential cooperative apartment EJ h Conveyances not a conveyance within the meaning such claim) of 'ax Law, Article 31, section 1401(e) (attach documents ul;vc rr,q The; total tax (frorn Part 1, line 6 and Part fl, line 3 above) is due within 15 days from the date conveyance Please mak h s ck s) pay I to the county clerk where the recording is to take place If the recording is to take place in the New York City borough .;ttan Bronx, Brooklyn, or Queens, make check(s) payable to the NYC Department of Finance. If a recording is not require : ibis rete -n and your check(s) made payable to the NYS Department of Taxation and Finance, directly to the NYS Tax Depart',-'& -T Retu, -i Processing, PC Box 5045 Albany NY 12205-5045 i Page 3 ofd TF 84 t%'? Scl-redule C -- Credit Line Mortgage Certificate (Tax Law, Article 11) --. -- Complete the following only if the interest being transferred is a fee simple interest. AECEVED �r��s I (we) certify that (check the appropriate box) 1 LnJ The real property being sold or translerred is not subject to an outstanding credit line mortgage Z 2 ,-)NTNC, rrV)'APr0 )r-APPE�+i..� ❑ The real property being sold or transferred is subject to an outstanding credit line mortgage However, an exemption fr,,lm tax is claimed for the following reason ❑The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee sin-rple merest the real property(whether as a joint tenant, a tenant in common or otherwise) immediately before the transfer ❑The transfer of real property is (A)to a person or persons related by blood, marnage or adoption to the original obligor to one or more of the original obligors or(B) to a person or entity where 50% or more of the beneficial interest in such r property after the transfer is held by the transferor or such related person or persons (as in the case of a transfer to a tr .,tee fol the benefit of a minor or the transter to a trust for the benefit of the transferor) ❑The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee, or other officer of a court ❑The maximum principal amount secured by the credit line mortgage is 33,000,000 or more, and the real properly bring -DId or transferred is not principally improved nor will it be improved by a one- to six-famil;, owner-occupied residence or dv,e!Img Please note, for purposes of determining whether the maximum principal amount secw ad is $3,000,000 or more as de,cribeo above, the amounts secured by two or more credit line mortgages may be aggregated under certain circumstance.. Se TSB-M-36(6)-R for more information regarding these aggregation requirements ❑Other(attach detailed explanation) ❑ The real property being transferred isr- ' following reason p cs�nil subject to an outstanding credit line mortgage However, no tax is clue fort, ❑A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed ❑A check has been drawn payable for transrn ssion to the credit line mortgagee or his agent for the balance due anc; a satisfaction of such mortgage will be recorded 3s soon as it is available 4 ❑ The real property being transferred is subject to an oulstanding credit line mortgage recorded in (insert liber and page or reel or other identification of the mortgage) The maximum principal amount of debt or obligation se irecd is the mortgage is No exemption from tax is claimed and the tax s being paid herewith (Make check payable to county&ark where deed will be recorded or, If the rec )rd,ng rs to take New York City but not in Richmond Count),, make check payable to the NYC Department of Finance t place / l�-y Signature (both the grantor(s) and grantee(s) must sfgt-t) _-- The undersigned certify that the above information contained in schedules A, B, and C, including any return, cert` cat on, schedule, attache/A t is to the best of his/her knowledge, true and complete, and authorize the person(s) submitting such fc mon their behalf recerv�e UGian Puses of recording the deed or other instrument effecting the conveyance ialure TI fle Grantee signature Title ❑ /r�1'`� G,anlorslgnatuie — c� Return Grantee signature --------- Did you complete all of the required information in Schedules A, B, anc' r orequired c ) 'f checked e f or g in Schedule A, did you complete Form TP-584 1? Have you attaci-ied you ch c (s) i-ade payable teeth dI cot)Lity CIE y ,I where recording will tale place or if the recording is in the New York City boroughs of Manhattan, Bronx, Brooklyn, or C.(trecr,s, �o the &CDepartment of Finance? If no recording is required, send your check(s), made payat,le to the Department of Taxation an Fi; ance, directly to the NYS Tax Department, RETT Return Processing, PO Box 5045, Albany NY 12205-5045 Page 4 of 4 TP-584 (4/13) 0 • Schedule D - Certification of exemption from the payment of estimated personal income tax (Tax Law, Article ??., sec::on 663) Complete the following only if a fee simple interest or a cooperative unit is being transferred by an indivi(iaUV ate 4)Vt If the property is being conveyed by a referee pursuant to a foreclosure proceeding, proceed to Part II, ,0`fI coeZk1ry¢�eco td box under Exemptions for nonresident transferor(s)/seller(s) and sign at bottom. F ' �; ''L r" Pari I - New York State residents Z('-NTNG R ARl,i Ftp APPEALS If you are a New York State resident transferors)/seller(s) listed in Schedule A of Form TP-584 (or an attachment to Form TP-564) , )u must sign the certlflcal on below It one or more transferors/sellers of the real property or cooperative unit Is a resident of New York :state each res dent transferor/seller must sign in the space provided If more space is needed, please photocopy this Schedule D and sul mit ma ly schedules as necessary to accommodate all resident transferors/sellers Certification of resident transferor(s)/seller(s) -- -- —This Is to certify that at the time of the sale or transfer of the real property or cooperative unit, t he transferors)/seller(s) as signed bt- w was a resident of New York State, and therefore is not required to pay estimated personal income tax under Tax Law, section 6(33(a) upr the sale or transter of thi real roperty or cooperative t.lnit SiPn,'ihnry Print roll n,_ime - -- ----- - - GDate - ) _ Robert Barry 06-11-2011. Signahin' Print iull n;,ime - -- ---- --"— n 1 Dale � �_ 1 -- / Joyce Barry 013-11-.?01 E Signatw"' / /\ Print full name — --' ----.— Date. Sinn,Vnie Print full name --I I -- -- Date I Note A resident of New York State may still be required to pay estimated tax under Tax Law, section 86(c), but not as a condition o recording a deed Pari: 11 - Nonresidents of New fork State If you are a nonresident of New York State listed as a transferor/seller in Schedule A of Form TP-584 (or ;in attachment to Form TP-,)84) but are not required to pay estimated personal income tax because one of the exemptions below applies ,ender Tax Law, section 66;(c), check the box of the appropriate exemption below If any one of the exemptions below applies to the transferor(s)/seller(s), tha transferor(s)/seller(s) is not required to pay estimated personal income tax to New fork State under Tax Lav, section 663 Each nonr;side n transferor/seller who qualifies under one of the exemptions below must sign in the space provided If more space is needed pleasr- photocopy this Schedule D and submit as many schedules as necessary to accommodate all nonresident tr r-sferorsisellers If none of these exemption statements apply, you must complete Form IT-2663, Nonresident Real Property Esfrmafed Intorno Tax P&,r)�E It Form, or Form IT-2664, Nonresident Cooperative Unit Estimated Income Tax Payment Form For more informa is n, see Pavrner,,t of p nate"; Personal income tax, on page 1 of Form TP-584-1 Exemption for nonresident transferor(s)/seller(s) -- -- – - --------.__-_This IS to certify that at the tame of the sale or transfer of the real property or cooperative unit, the transferor(s)/s='1 =r(s) (grantor) of thr "ea property or cooperative unit was a nonresident of New York State, but is not required to pay estimated personal come fax urger Ta _a-j section 663 due to one of the following exemptions The teal property or cooperative unit being sold or transferred qualifies in total as the transferor's/sellet oCinc pal res i de,n (within the meaning of Internal Revenue Code, section 121) from to fSe Date Cra (seeIn$l!UC ;I �J te The transferor/seller Is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure, or i eu of foreclos with no additional consideration ❑The transferor or,transferee is an agency or authority of the United States of America, an agency or authorlty of th- _, state o New York, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Gcverrum ant Na, nal Mortgage Association or a private mortgage insurance company 'iiryialurc+ Print full name __—_---___--- Dale signahira I I Print full name Date j Sirtnature — ------------- ----� Print iull name Dale signahire Pnnt full name _ n, RECEIVE[) y Region ,� V s (Community Preservation Fund ZONING 00ARL)(JF APPEALS Please prutt or I�he — - —.— --- Schedule A l.1furnmtron Relaung to Conveyance -- Gr,,nt„r Fress antc (individual Iasi• fn'st, noddle rnuntJ) Sr„`�,I `��cunl ”' 'mbc. arry RoWI and Barry, JgTe [] lud;vulual t L-3 ❑ CniPnr,rl;oil t;lmr i lilS ecurtly Numbe 8��Uepol Larne ❑ I',illncrshlP I ❑ (hhc; II\ State ZIP code -- Federal ent,lovcr 1e •unthc Cutchobue ivy 1193, Gran(ce Name (individual In;:t, lust. noddle inrunl) -- - --- - - 1SJ� Depot Larne LLC Snci,il Sccunly Numbc. ❑ Incln'rdual —3 ❑ Cnrlmralion t`�tatlin�_ address - ---- Soc;��l Sectu'it�� i\�umbc� -- ❑ Pnrinersh;p -19 Shore Road C —3 iv State ZIP code Fedcrtl enu,lovcr IJenl uuttber ❑ olhc; East Setauk;el My —_— 11733 Location and description of propcl'tti' cunve�ed - --- -- Tax ntaP ucslgl1a11oll -3 __ Address Village w. Dw Scruun Blmk Lul -- --To— 1000 102.00 01 00 009 0( 1 185-5 Depot 1Lane Cc.ttchobuc Southold l\pc of properly conaeYd (check gWbcuhh-h,)v) -- — - - --- - Dwc Mcnncctancc � Improvccl Dupl 7,wns ❑ Vacan! land 0I l3 - ---- — mnnih d.n Cnnduunl of curn'Milicc (chc•.k all thur applh) - - - - -- --- --- d Conveyance of Ice nucresi C,•nc y.tncc which consists of a m,,I, Acquisition of a cnnn'nllrn' ;nleresl ( or suricnd sl�lc Cnnlr ICI ,Issi� i ull[ chance Midenuly or Foam of ownership I Option assignr r.. t.; pcircnla�e�icquiied �:.) ` --� ill i,I`„1n IZ�Ilr,11 r I i.tnsfci of a rnntiollim; ;nlacst (dale m Lc;ischolel ;usi, tr,-nl nr sluicnJcr Can,-, vance mi which credit (or tas Pcrcentaer tiansfcnrd •1 - Le,isehold`•r;r, J - ---g ”) I)re\';�,usly paid will be claimed Cunve�'ance to cuuperaln'c housm�e It o - Cnnvey,incc of �.,cmcnl CO"\'Q once of cooperative aparrmenjO P - Conveyance lir v .Al csc;nPnon is cnrpnr;tt;c,it ; - Syndiruron e Con\eyance pursuant to or nt Ilett til Cyn icmu'c' of air nghis Or development y clatrtted (compo° Lhedul�' B Par, f(,ITCIOSUre n; enforccntcnl nl sccuruv - Ww"ancc of pro, rn- path. •, IM, �cl Ighis intcicsl partly wuhout the sig Other(elescnhe) Sc hcdule B - Communt[v --�—._ — ------- — Preservation Fund ---- Part I GtntPutatmn (II Ta\ Du _-__-- 1 Enter amount of consiclermion for the convcymKc (Ran tine I ITS84 Schedule B) .. -- --- — _' 'All t once (sce hel( w) 1 --P,;330,0 )0 Z — 1�0,C )0 Taxable cunsidcruron (subtract line 2 from line I) ........ . r 3 _ 80 0�'0 -I Communrt)' Presen•ation Fund (of line 3) make certified check ,,a tble to SUFFOLK COUNTY CLERIC 4 11I23 i ProPcrly nut suhlecl to CPF Fax (See Schedule C) --- --i- — Far iccnrd;ng officer's use - --- -- ann,unl reccned Date received -hransact;�� , nt�;,t i I I I East I-laniptctn X254000 00 lmpru`cd ti I00 000 00 Vacant Land (Unlityn ped) Shelter Island SHAM 00 Impm\cd So ~100,000 00 Vacant Land (Unimproved) Southampton S250 000 00 Impruvecl 5100.000 00 Vacant Lmicl ("Unimprovec]) Rn erhead S 150 000 00 Imove n d ! S 75.000 00 Vacant Land (Unmtprovccl) Southold $10000 00 Ln x-nved S I 75,000 00 Vacant Land (Unrmprovcd) 4- 7Q�26s& 2ECENEL-) &hcdulc C - - -- - -- — fart II - Lxplanation of Exemption Clarirte(j nt Part I, tine 1 (check an)' boxes lha[ apply) ;r� - jr, -- — The conveyance of real property is exempt from the real estate transfer tax for the follownt reason CiN1NU r'riliR� 0 a Conveyance is to the United Nations, the Uruted States of America, the state of New York or any of then insirumcntalthcs, a"cncies or pohucal subdnVisions (or any public corporation, mcludim, a public corporalinn ere,[ed pursuant In a;reemcnu, mi Copact o ith another state or Canada) —I h Conve)an e is to secure a debt or other obhgaiion �—J .... ..... . . C Cunveyancc is without additional consideration to confirm correct, modify ur supplement a poor conveyance L' Con%-cyance cif real property is without consideration and not ill connection with a sale udine convcVances conveying icatlty as bona fide _itis .. mcl. •.•........ . [� c Convcvantc is gn-en ui umllcL[Ion with a tax sale I Cniivcvance is mere change of identity or form of ownership or organization where Ihcic is lin chan-c in hcneficial nwncrs,iip (This exemption cannot he claimed for a Lonvevance In a cooperative housing corporation or cooperaliti eat properly utmprsmg the LlC dwelling or dwellim's ) CuiivcYance consists of deed of partition h ConvcYance is "iven pursuant to the federal bankrupiCy act. . ... � Cuiiveyance consists of the cxe.cutiun of a Contract to yell real property without the use or oc cupai c of such plrpcity or the _ ranting of an option to purchase real property withcnti the tine or occupancy of such pioperty I Cunveyaiue or real property whiCh is subject to res[rictions which prohibit the use oh the CX(-Cl)( agriuilluic, recreation or conservation, pursuant to Section entire plop 'Ly for any purposes 1449-cc (2) 0) or (k) of Ar(icle ;1 i; of the Taa Lf a (See required Town approval, hclowl . k Com,cynnce of'real property for open space, parks, or historic preservaliolt purposes to any out for pro!'t tax exempt curporahon operated for�onsei vation, ens irunnterital or historic prescr\a[ion purposes J --I I Other lis[ c,Nplana[lolls til space below (Grandfather/Con(ract) .. .... Ill The Conveyance is approved for an exemption from the Community Preservation Transfer Tax, under Sectic;n 1449-ce of Article 31-D of the Tax law (Sec I m Schedule C) Town Attornev ur other designated oil Icial -- ------ Penalties and Interest -- — Penalties An} ,rancor or grantee failmInterest to file it return or to pay any tax within Daily Compounded tinterest will be charged , i the amount o. !ie he time icquircd shall be subject m a penally of 10'c of the amount tax due not paid within the hint required of tai due plus an interest persalt} uh ?% of sw-h amount of ea(h nniitllt uh delay - fraction thereol after the expiration of' the fust ntuiilh altrr such return was requu-ed to he filed or the [ax became duc Ho%vever, the interest penally shall Int exceed '_�;; in the aggre_M( SI nature (both the Zranfor(S) and rat Aust SI(111)The undersig��ed certify that the above return includut y -- — >w uugc, tie Cl L.i n lc e , any ceruficahun. schedule or auachineitt is to the best of tits/he 1 Grantee ��----- Grantee —_` • • NSTRUCTIONS(RP-5217-PDF-INS) www orps state ny us FOR COUf'TY USE ONLY C1 SWIS Code New York State Department of I 3 Taxation and Finance C2. D,to Deed Recorded I / I 011iCo of Rival Prr-.•p(-.,-ty Moml, Day tt�� r C3 Book I IC4 Page � RP�- 52 1,q 7-I' E)C Real Property Transfer Report( '',Q) PROPERTY INFORMATIONRET-EM1V[T____ 1 Property 1855 AUG 0 " �09 Location Depot Lane STREET NUMBER Southoldld STREET NAME 6)NING 3 - T)IAT EA LS- ----- ---- Cutchogue CITY OR TOWN t VILLAGE 2.Buyer 1855 Depot Lane LLC Name LAST NAME/CONIPnnn FIRST NAME LAST NAME/COMP ANI _ 3 Tax FIRST NAME ---" --' Billing Indicate where future Tax Bills are 10 be sent - Address If other than buyer address(al bottom of form) LnsT NANIE/CONIPAPr, STREET NUMBER AND 11AME CITV OR TONM ------------ - .--____ STATE _r- i�nF 4 Indicate the number of Assessment Roll parcels transferred on the deed 1 9 of Parcels OR Pari of a Parcel (Only if ha t of a Parcel)Check as they apply 5 Deed 4A.Planning Board wiffi Subdivision Authonty Exls!s Properh/ FONT,CFEET X - OR 1 84 48.Subdivision Approval was Required for Transfer SIZe DEPTH ACRES 4C Parcel Approved for Subdivision will)Map P;e•nded _l Barry - 6.Seller Robert LnSi NAA4F_/COMP•\N1' - Name Barry FIRST NAME --------- Joyce LAST NAMEICOMPANI' _ FIRST NAME '7 Select the description which most accurately describes the use of the property Check the boxes.below as they apply P p rty at the time of sale 8.Ownership Typ=Is Condominium -I r� �7 I-J ne T.unlly fZesldrntial 9 New Construchorn on a Vacant Land 10A Properly Located vnlhin an Agncuilural D,stncl - 106.Buyer received a Disclosure notice indicairlg!hat SALE INFORMATION Agricultural District 15.Check one or more oi`these conditions as apolirable to tram - 11 Sale Contract Date 0411012018 A.Sale Between Rel<thves or Former Rel=l: �, B Sale between Relal ed Companies or Pariners n Business 0 6/11/2 018 C One of the Buyers I6, also a Seller `12.Date ofSale/Transfer D Buyer or Seller Is Government Agency or Lendm nshlutior E DeedType g ype not Warranty or Bargain and Sale(Specify Below Full Sale Price 1, 330, 000 00 F Sale of Fraclional or Lass than Fee Interest(Speedy Below) Full Sale Price is the lot G Significant Change In Property Belwee:,Taxabie Stall's and !e Or,.es at amount paid for the properly Including personal properly H Sale or Business Is Inclu,led In Sale Price This payment may be In the form of cash,other property or goods,or the assumption of J mollgages or other obligations)Please round to the nearest whole dollar amount. Other Unusual Factors Arfecling Sale r^nee(Spe:ufy Belo\,) None Comment(s)on Condition 14 Indicate the value of personal property included in the sale 00 ASSESSMENT INFORMATION-Data should reflect the latest Final Assessment Roll and Tax Bill 16 Year of Assessment Roll from which information taken YY ( ) 18 17 Total Assessed Value " 300 18.Property Class 210 -- 19 '20 Tax Map Identifiers)/Roll Identifier(s)(If more than four,attach sheet with additional School identifier(s))(Name Mei t t 1 tUC};-t,�L tC 1000-102 00-01 00-009 001 CERTTIFICATION — -- — - - I Certify that all of the items of information entered on this form are true and correct(to the best olr my knowledge and belief)and I understanc'that.'- akine of false statement of material(act herein subject N T the provisions of P-e the nal law relative to the making and filing of false instruments . SELLER SIGNATURE BUYER CONTACT INFORMAI_G_r1 1 �r (Enter Informa lion for the Meyer Note If buyer is LLC,sociely association,corporal tor, ,- / l/ JJJ`I entity that Is not an Individual agent or fiduciary then a name and contact ml `u''Ipa' •slate or I party who can answer quesuon;regarding the lransler must 7e entered Tv:_;.ar�r,\r Icn 'r 3i/resp bre �CLLER SIGN I` DATE BUYE GNAT RE- , 1855 Depot La;- LLC `\n LAST NAME —�-- L FIRST NAME BUYER SIGNATURE DATE 1855 Depot Lane STREET NUMBER S,REET NAME --__ I I■1II I I 1 if I I 11�If 6 Cutchogue iso 119.. --- C IT Y OR TOWN ---- I�1 ( �,I 'r ST.-_ ZIP cDi --- '✓ ATTORNEY 4 1r}J f1 I ' I f I n f 411 I�fI 61 il+� I ti I { 1 I I�J 1 I McLaughlin Devin I ( I I f l II I �I I I I II i t 1 LAST NAME 1111 I I I I FIRST NAME `[ (6 3 1) , ------- -- -- ---- I II I) I1 I I 715-bObS I L¶ 1ry� 'I I II i I 1 1 1 I AREA CODE _- 1gI�111 �I 1 �' `II Il it llI I�li II`1 ltlli I'yI �f(y��I' �I TELEPHONE NI1k• EP(E. RECEIVED STATE OF NEW YORK Nov 0 167 ?018 ZONING BOARD OF APPEALS DEPARTMENT OF STATE 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 true copy of said original. ••'•0.0••'•• WITNESS my hand and official seal of the •;a� pF NEW$-. Department of State, at the City of Albany, on •�� 0�• May 29, 2018. 7 1' • • •, r 5 .• Brendan W. Fitzgerald •••*ENT O •'• Executive Deputy Secretary of State ,• Rev. 06/07 R jd,2,b� ARTICLES OF ORGANIZATION OF 1855 DEPOT LANE LLC Under Section 203 of the Limited Liability Company Law FIRST: The name of the limited liability company is: 1855 DEPOT LANE LLC SECOND: The county, within this state, in which the office of the limited liability company is to be located is SUFFOLK. 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: 1855 DEPOT LANE LLC 1855 DEPOT LANE CUTCHOGUE, NY 11935 FOURTH: The limited liability company is to be managed by: ONE OR MORE MEMBERS. FIFTH: The existence of the limited liability company shall begin upon filing of these Articles of Organization with the Department of State. SIXTH: The limited liability company shall have a perpetual existence. 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. J. KEVIN MCLAUGHLIN, ORGANIZER (signature) J. KEVIN MCLAUGHLIN , ORGANIZER WINDSWAY PROFESSIONAL CENTER 44210 RT. 48, PO BOX 1210 SOUTHOLD, NY 11971 DOS-1239-f-11 (Rev.02/12) FILE NUMBER. 180529010229;DOS ID:5348946 Page 1 of 2 Filed by: -t DOS CORPORATE RECORDS LLC 41 STATE STREET ALBANY,NY 12207 PLATINUM FILINGS LLC (MF) DRAWDOWN CUSTOMER REF# 231470446 FILED WITH THE NYS DEPARTMENT OF STATE ON: 05/29/2018 FILE NUMBER: 180529010229; DOS ID: 5348946 Page 2 of 2 LIMI"tED LIABILITY COMPANY OPERATING AGREEMENT OF 1855 DEPOT LANE LLC A NEW YORK LIMITED LIABILITY COMPANY THIS LIMITED LIABILITY COMPANY OPERATING AGREEMENT of 1855 DEPOT LANE LLC. a New York Limited Liability Company("the Company")is entered into and shall be effective as of ►'fav 29 ,20 lQ by and among the Company and each of the Members of the Company executing this Limited Liability Company Operating Agreement("Agreement"). For and in consideration of the mutual convenience herein contained and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the Members executing this Agreement,made pursuant to Mckinney's Consolidated Laws of New York Annotated, Chapter 34,cited as New York Limited Liability Company Law§101 et seq.,as amended fi•om time to time (the "Limited Liability Company Act," "Law" or"Act") do hereby agree to the terms and conditions of this Agreement. The Members hereby agree that each Member shall be entitled to rely on the provisions of this Agreement, and that no Member shall be liable to the Company or to any other Member or Members for any action or refusal to act taken in good faith reliance on the ten-ns of this Agreement. The Members and the Company do hereby agree that the duties and obligations imposed on the Members of the Company as set forth in this Agreement,which is intended to govern the relationship among the Company and the Members, notwithstanding any provision of any common, federal or state law or regulation to the contrary. Each Member agrees to be bound by al l the terms and conditions of this Agreement and the formation certificates or Articles of Organization. This Operating Agreement shall be subject to the Limited Liability Company Act. Each Member acknowledges that the interests in the Company have not been registered under the Securities,4ct of 1933 or the laws of New, York governing the sale of securities, or the securities layrs of any other state, because the Company is issuing interests in reliance upon the exemption from the registration requirements of such laws providing for non-public offerings. The Company has relied upon representations of the 1Vlembers that each is acquiring the interest for investment purposes and not resale or distribution to others. Ectch Member has been fin•nis,hed till information regarding the interests and warrant and represent that the Member has the experience and sophistication as an investor adequate for evaluation of the merits and risks of investment in the Company. `This document has been prepared from standard compilations West's[2]Statutes Annotated,[2]Revised Statutes, Title 12. Corporations and Associations,Chapter 22. Limited Liability Companies,cited as[2]Limited Liabibly Company Law, [insert] et seq. This document is drafted for the basic L.L.C. managed by either Members or Managers-Members. If other management is desired modifications will need to be made. Due to statutory changes and special client considerations,each user should confirm the statutory accuracy of these provisions for the L.L.C. NY LLC- I ARTICLE I Definitions SECTION l.I. For purposes of this Operating Agreement, and unless the context indicates otherwise,the word or words set forth below and in other provisions hereof within quotation marks shall be deemed to have the meaning set forth below or in such provision: A. "Additional Member" - A Member, other than an Initial Member, who has acquired a Membership Interest from the Company. B. "Articles" -The formation documents and Certificates filed with the Secretary of State. C. "Assignee" - The transferee of a Member's Membership Rights. D."Admission Agreement"-The Agreement between an Additional Member and the Company as described in this Agreement. E. `Bankrupt Member"- A Member who has filed a petition commencing a voluntary case under the Bankruptcy Code; a general assignment by a Member for the benefit of creditors; an admission in writing by a Member of his or her inability to pay his or her debts as they become due,the filing by a Member of any petition or answer in any proceeding seeking for himself or herself, or consenting to, or acquiescing in, any insolvency, receivership, composition, readjustment, liquidation; dissolution, or similar relief under any present or future statute, law, or regulation, or the fling by a Member of an answer or other pleading admitting or failing to deny,or to contest,the material allegations of the petition filed against him or her in any such proceeding; the seeking or consenting to, or acquiescence by a Member in,the appointment of any trustee,receiver or liquidator of him or her,or any part of his or case under the Bankruptcy Code,or a proceeding under any receivership,composition, readjustment, liquidation, insolvency, dissolution, or like law or statute, which case or proceeding is not dismissed or vacated within 60 days. F. "Certificate" - The Articles of Organization as properly adopted and amended from time to time by the Members and other documents filed with the Secretary of State, G. "Dissolution"- Those events of dissolution set forth herein and(1)In the case of a Member who is acting as a Member by virtue of being a trustee of a trust, the termination of the trust (but not merely the substitution of a new trustee); (2) in the case of a Member that is a partnership,the dissolution and commencement of winding up of the partnership; (3) in the case of a Member that is a corporation, the filing of a Certificate of Dissolution, or its equivalent, for the corporation or its equivalent, for the limited liability Company, or the involuntary dissolution by a non-appealable order of a court; or(5)in the case of an estate, the distribution by the fiduciary of the estate's entire Membership Interest. H. "Initial Members"-Those persons identified on Schedule A attached hereto and made a part hereof by this reference who have executed this Agreement. I. "Member" - Each of the persons signatory hereto either by signing this Agreement or agreeing to be obligated by the terms of this Agreement and any other person or persons who may subsequently be designated as a Member of this Company pursuant to the terms of this Agreement. J. "Membership Interest" - The share of profits and losses, gains, deductions, credits, cash, assets,and other distributions(liquidations and otherwise)and allocations of a Member or,in the case of an Assignee, the rights of the assigning Member. NY LLC-2 K. "Membership Rights" - The rights of a Member which are comprised of a Member's (1) Membership Interest, and may or may not be comprised of a Member's right to(2)vote and (3)participate in the management of the Company, if so specified herein. L. "Notice" - Notice shall be in writing as set forth herein. M. "Person" - An individual, business entity, business trust, estate, trust, association, joint venture,government,governmental subdivision or agency or any other legal or commercial entity. N. "Resignation" - The decision or determination of a Member to no longer continue as a Member. C. "Retirement"-The withdrawal of a Member or Manager from the Company upon such times and events as are provided in this Agreement which will permit withdrawal of a Member without violating or breaching the terms of this Agreement. P. "Substitute Member"-An Assignee or other person who has admitted to all of the rights of membership pursuant to this Agreement. ARTICLE II Organization of the Company SECTION 2.1. BUSINESS OF THE COMPANY. The Company may engage in any lawful business for which limited liability companies may be organized in the State of New York, or the laws of any jurisdiction in which the Company may do business. The Company shall have the authority and power to do all things necessary or convenient to accomplish its purpose and operate the business as described herein.The terms of this Agreement and the laws of the State of New York shall govern the operation of this Company. SECTION 2.2. COMPANY NAME. The Company name shall be as set forth above. The Members shall be Members in the Company and shall continue to do business under the name, as permitted by law, until the name of the Company or the Company shall terminate. SECTION 2.3. PRINCIPAL OFFICE. The principal office of the Company shall be located in the State of New York at 1855 Depot Lane, Cutchogue. Ny 11935 , or such other place or places as the Managers may determine. The Managers will give notice to the Members promptly after any change in the location of the principal office of the Company. SECTION 2.4. REGISTERED AGENT FOR SERVICE OF PROCESS. There must be at least one registered agent for the service of process for the Company and the registered office shall be that person and location set forth in the Articles or Certificate as filed in the office of the Secretary of State. The Secretary of State of New York has been appointed as agent for service of process in the Company's Articles of Organization.The Members or Managers,may,from time to time, change the registered agent or office through appropriate filings with the Secretary of State. In the event the registered agent ceases to act as such for any reason or the registered office shall change, the Members or Managers shall promptly designate a replacement registered agent or file a notice of change of address as the case may be. If the Members shall fail to designate a replacement registered agent or change of address of the registered office, any Member or Manager may designate a replacement registered agent or file a notice of change of address. NYLLC-3 SECTION 2.5. DURATION. The Company is formed as of the date when the Articles become effective and will continue to exist in perpetuity or until such time as set forth in the Articles.The Company shall dissolve and its affairs should be wound up in accordance with the Act and this Agreement, except that the Company may terminate prior to such date as provided in this Agreement. SECTION 2.6. TAX STATUS. The Company shall be treated as partnership for federal and New York tax purposes unless classified otherwise for federal income tax purposes. If so otherwise classified for federal tax purposes, the Company shall be classified in the same manner for New York tax purposes. Capital accounts of the Company shall be maintained in accordance and consistent with United States Internal Revenue Code § 704 and the regulations thereunder, as amended from time to time. SECTION 2.7. FISCAL YEAR. The fiscal and tax year for the Company shall be the calendar year ending on December 31 of each year. ARTICLE III Members SECTION 3.1. NUMBER OF MEMBERS. There shall be at least one Member. SECTION 3.2. ORIGINAL MEMBERS. The original Members of the Company shall be those persons who have signed this Agreement and are admitted as a Member of the Company upon the later occurrence of either(a)the formation of the Company or (b) the time provided in and upon compliance with the Articles or this written Agreement.If neither so provides,then(c)a person is admitted as a Member when their admission is reflected in the records of the Company. SECTION 3.3. ADDITIONAL MEMBERS. Subsequent to formation,a person acquiring an interest directly from the Company is admitted as a Member(an"Additional Member") at the time provided in and upon compliance with the Articles and any written agreement. If neither should so provide,then such Additional Member is admitted Upon the consent of all Members and when the person's admission is reflected in the records of the Company. Any additional Members shall be reflected on Schedule A, at which time they shall become Members of record. SECTION 3.4. MEETINGS OF MEMBERS. All meetings of the Members shall be held at such place within or without the State of New York as shall be designated from time to time by the Members or Managers and stated in the notice of the meeting. SECTION 3.5. ANNUAL MEETING. The annual meeting of the Members shall be held on the first Monday in the month of March in each year beginning with the year in which the Company was organized, at the hour of I 1 o'clock in the NY LLC-4 A.M.,for the purpose of electing Manager and if necessary,Officers,and for the transaction of other business as may come before the meeting. If the day fixed for such meeting in a legal holiday in the State of New York,such meeting shall be held on the next succeeding business day. If such election shall not be held on the day designated herein for any annual meeting,or at any add ournment thereof, the Members shall cause the election to be held at a special meeting of Members as soon thereafter as such meeting may be conveniently. SECTION 3.6. SPECIAL MEETING. A special meeting to conduct the business of the Company may be called at any time by any Manager of the Company upon at least two (2) days' notice. Upon at least two (2) days' notice, a special meeting may be called by twenty-five (25) percent of the Members of the Company, or by any Members owning at least twenty-five(25) percent of the Members' Interest in the Company. SECTION 3.7. NOTICE OF MEETING. Written or electronic notice stating the date, time and place of the meeting and, in the case of a special meeting,purpose for which the meeting is called,shall be delivered not less than two(2)days prior to the meeting if communicated personally or five(5)days if communicated by mail,nor more than sixty (60) days before the date of the meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail with postage prepaid,addressed to the Member at the address appearing on the records of the Company. SECTION 3.8. WAIVER OF MEETING Written waiver of notice of the meeting,signed by the Member entitled to the notice or attendance at the meeting waives any objection to the lack of notice or defective notice, unless attendance at the meeting was solely for the purpose of objecting to the meeting. SECTION 3.9. QUORUM. Except as otherwise provided by law,the Articles of Organization or this Agreement,the holders of a majority of the interests issued, outstanding and entitled to vote thereafter, present in person or represented by proxy,shall constitute a quorum at all meetings of the Members for the transaction of business. If, however, such quorum shall not be present or represented at any meeting of the Members, the Members entitled to vote present in person or represented by proxy, shall have the power to adjourn the meeting, until a quorum shall be present or represented. Such adjourned meeting at which a quorum shall be present or represented,shall constitute the meeting as originally notified, SECTION 3.10. VOTE. When a quorum is present at any meeting,the vote of the holders of a majority of the interests having voting power present, in person or represented by proxy, shall decide any question brought before such meeting, unless the question is one upon which by express provision of the Act, law or the Articles of Organization, a different vote is required in which case such express provision shall govern and control the decision of such question. SECTION 3.11. MEMBER'S VOTING RIGHTS. Unless stated otherwise by law,the Articles or this Agreement,each Member-shall be entitled to one vote weighted in proportion to the Member's respective per capita interest in{the Company as NY LLC- 5 reflected in Schedule A hereto,as amended from time to time. For purposes of this Agreement,the term"majority of the Members"shall mean the majority of the ownership interest percentage of the Company as determined by the records of the Company on the date of the action. SECTION 3.12. MEMBERS ONLY POWERS. Notwithstanding any other provisions contained in the Articles or this Agreement,only a majority of the Members may take action binding the Company in the following actions: [insert or delete as necessary] (a) sell, encumberfyxmmleasei*any real estate owned by the Company; (b) incur debt, expend funds, or otherwise obligate the Company if the debt, expenditure,or other obligations exceeds $1,000,00 (c) as set forth in the Limited Liability Company Law of New York. (d) (other:) , SECTION 3.13. MEMBER WITHDRAWAL. Each Member shall be entitled to withdraw by giving at least six months prior written notice to the other Members of the Company at their respective addresses as shown on the Company's books and records. Such withdrawal shall not relieve the Member of any obligations to the Company. SECTION 3.14. EVENTS OF WITHDRAWAL. A person shall cease to be a Member of the Company upon the occurrence of any of the following events: a. such person withdraws; b. such person resigns; e. such person becomes a Bankrupt Member; d. such person dies; e. such person is adjudicated incompetent to manage his or her person or property; f such person is a trustee and the trust is terminated (not merely the substitution of a new trustee); or g. such person is an estate, Company, partnership or other limited Iiability Company that is dissolved or wound up. SECTION 3.15. EXPULSION OF A MEMBER. A member may be expelled by unanimous vote of the other members under Section 35-45 of the Limited Liability Company Law. NY LLC-6 ARTICLE IV Management of the Company (Note: Under New York law, a Company may be managed by its Members; it is not necessary to elect Managers to manage the Company. If a Company chooses not to elect Managers, then this Article should be omitted from the Agreement and all relevant provisions regarding management of the Company should be inserted under Article III, Members.) SECTION 4.1. MANAGEMENT. The business and affairs of the Company shall be managed by or under the direction of the Members pursuant to the authority granted by the law of New York. The Members have elected to manage the Company as follows [check the applicable provision below and strike the other provision; this will conform to the provision on management in the articles of organization]: a• n The management of the Company shall be vested in the Members without any appointed Manager(s). Except as otherwise provided in the Articles or this Agreement, the Members have the right and authority to manage the affairs of the Company and to make all decisions with respect thereto. This right and authority includes the right to elect officers who shall manage the Company and have the Power to bind the Company in all transactions, subject to contrary provisions or limitations in this Agreement. b• D The Members hereby delegate the management of the Company to Managers and referred to as appointed"Manager(s),"subject to provisions and limitations contained in the Articles or this Agreement. The Managers shall be selected as provided herein. ARTICLE V Managers SECTION 5.1, APPOINTED MANAGERS. If this Agreement provides for management by appointed Managers,then such persons shall have the right and authority to manage the business and affairs of the Company subject to limitations placed in the Articles or by written Agreement. Unless otherwise provided, such persons shall be designated, appointed, elected, removed or replaced by the approval of the majority vote of the Members. SECTION 5.2. QUALIFICATION OF MANAGERS. Managers need not be Members of the Company or natural persons. A Manager who is both a Member and a Manager has the rights and powers of both a Member-and a Manager, subject to any restrictions and limitations placed in the Articles or this written Agreement. SECTION 5.3, INFORMATION TO MEMBERS. The Managers shall provide reports at least annually to the Members at such time and in such manner as the Managers may determine reasonable. The Managers shall provide all Members with those information returns required by the Internal Revenue Code and the laws of the State of New York or any other state having jurisdiction over this Company. NY LLC-7 SECTION 5.4. NUMBER OF MANAGERS. The number of Managers of the Company shall be set b the Me P Y y tubers. SECTION 5.5. TERM OF MANAGERS. Each Manager shall hold office until: A. the next annual meeting of Members or until his or her successor shall have been elected and qualified; B. the resignation of such Manager from the Company; C. Removal of such Manager by the Members of the Company in the manner set forth in this Agreement. SECTION 5.6. DUTY OF MANAGER. A Manager of the Company shall perform his or her duties as a Manager, including his or her duties as a member of any Committee upon which he or she may serve,in good faith and that are necessary and convenient to carry out the business and affairs of the Company, in a manner he or she reasonably believes to be in the best interests of the Company, and with such care as an ordinarily prudent person in a like position would use under similar circumstances. In performing his or her duties,a Manager shall be entitled to rely on information,opinions,reports,or statements,including financial statements and other financial data, in each case prepared or presented by persons and groups listed in paragraphs(A),(B)and(C)of this Section. But he or she shall not be considered to be acting in good faith if he or she has knowledge concerning the matter in question that would cause such reliance to be unwarranted, A person who so performs his or her duties shall not have any liability by reason of being or having been a Manager of the Company. Those persons and groups whose information, opinions,reports and statements a Manager is entitled to rely upon are: A, One or more employees or other agents of the Company whom the Manager reasonably believes to be reliable and competent in the matters presented; B. Counsel, public accountants, or other persons as to matters which the Manager reasonably believes to be within such persons' professional or expert competence, and C. A Committee appointed by the Managers upon which he or she does not serve, duly designated in accordance with the provision of this Agreement, as to matters within its designated authority,which Corrimittee the Manager reasonably believes to merit confidence. SECTION 5.7. RESIGNATION OF MANAGER. Any Manager may resign at any time by giving written notice to the Company. The resignation of such manager shall take effect upon the receipt thereof or at such later time as shall be specified in such notice;and, unless otherwise specified therein,the acceptance,of such resignation shall not be necessary to make it effective. When one or more Managers shall resign,effective at a future date,a majority of the Managers then in office, including those who have so resigned,shall have power to fill such vacancy or vacancies,the vote thereon to take effect when such resignation or resignations shall become effective. i SECTION 5.8. REMOVAL OF MANAGER. Any manager may be removed from office at any time with or without cause by the vote of Members then entitled to vote at an election of Managers. ,I NY LLC- 8 SECTION 5.9. VACANCY IN MANAGER. Any vacancy occurring in the Managers may be filled by the affirmative vote of a majority of the remaining Managers entitled to vote though less than a quorum of the Managers. A Manager elected to fill a vacancy shall be elected for the unexpired term of his or her predecessor in office. Any Manager position to be filled by reason of an increase in the number of Managers may be filled by election by the Managers for a term of office continuing only until the next election of Managers by the Members. SECTION 5 10. AUTHORITY OF MANAGERS. All other Managers, if any, shall have such authority and shall perform such duties as may be specified from time to time by the Members. SECTION 5.11. COMMITTEE OF MANAGERS. The managers may designate two or more managers to constitute a Committee(s)("Committee"),any of which shall have such authority in the management of the Company as the Managers shall so designate. SECTION 5.12. LOANS. No loans shall be contracted on behalf of the Company and no evidence of indebtedness shall be issued in its name unless authorized by a resol ution of the Managers. Such authority may be general or confined to specific instances. SECTION 5.13. CONTRACTS. A. No contract or transaction between the Company and one or more of its Managers, or between the Company and any other Limited Liability Company, partnership, association, or other organization in which one or more of its Managers are Managers,or have a financial interest,shall be void or voidable solely for this reason,or solely because the Manager is present at or participates in the meeting of the Managers, or Committee thereof which authorizes the contract or transaction;or solely because their votes are counted foi•such purpose, if: 1. the material facts as his/her relationship or interest and as to the contract or transaction are disclosed or are known to the Managers or the Committee,and the Manager or Committee in good faith authorizes the contract or transaction by the affirmative votes of a majority of the disinterested Managers, even though the disinterested Managers be less than a quorum; or 2. the material facts as to his/her relationship, interest and as to the contract or transaction are disclosed or are known to the Members entitled to vote thereon, and the contract or transaction is specifically approved in good faith by vote of the Members: or- the contract or transaction is fair for the Company as of the time it is authorized, approved or ratified, by the Managers, a Committee thereof, or the Members. B. Common or interested Managers may be counted in determining the presence of a quorum at a meeting of the Managers or a Committee which authorizes the contract or transaction. NY LLC- 9 SECTION 5.14. MANAGERS MEETINGS. The Managers of the Company may hold meetings,both regular and special,either within or without the State of New York. SECTION 5.15, ANNUAL MEETING OF MANAGERS. Annual meetings of newly elected Manager(s)shall be held after the meeting of Members,and notice of such meeting shall not be necessary to the newly elected Managers in order to hold a valid meeting,so long as a quorum shall be present. In the event of the failure of the Members to fix the time or place of such first meeting of the newly elected Managers,or in the event such meeting is not held at the time and place so fixed by the Members,the meeting may be held at such time and place as shall be specified in a notice given as provided for in this Agreement,or as shall be specified in a written waiver signed by all of the Managers. SECTION 5.16. MANAGERS MEETINGS. Regular meetings of the Managers may be held within or without the State of New York with at least two (2) days' notice of any such meeting given by the Manager or Members calling the meeting, unless it is a regularly scheduled meeting. Such meeting shall be held with either written or in- person notice, unless oral notice is reasonable under the circumstances. Written notice shall be sufficient when given by telephone,telegraph,teletype or other form of wireless communication,or by mail or private carrier. If such forms of written notice are impracticable, notice may be communicated by a newspaper of general circulation in the area where published or by radio, television, or other form of broadcast communication. SECTION 5.17, QUORUM AND VOTE AT MANAGERS MEETINGS. At all meetings of the Managers, a majority of the Managers shall constitute a quorum for the transaction of business. However, in order for a Manager to vote, such Manager must also be a Member of the Company. If a quorum shall not be present at any meeting of the Managers, the Managers present thereafter may adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present. Each Manager shall have one vote, unless otherwise provided in this Agreement. SECTION 5.18, DELEGATION OF MANAGER DUTIES. The Members may from time to time delegate the powers or duties of any Manager of the Company, in the event of his absence or failure to act otherwise, to any other Manager or Member or Person whom they may select. SECTION 5.19. COMPENSATION OF MANAGER. The compensation of each manager shall be such as the Members may from time to time determine. The Managers may be paid their expenses,if any,of attendance at each meeting of the Managers and may be paid a fixed sum for attendance at each meeting of the Managers or a stated salary as Manager. No such payment shall preclude any Manager from serving the Company in any other capacity and receiving compensation therefrom. Members of special or standing Committees may be allowed like compensation for attending Committee meetings. NY LLC- 10 ARTICLE VI Officers SECTION 6.1. OFFICERS AND RELATED PROVISIONS. In the event the Members elect to manage the Company directly without appointing a manager,the Members shall elect and appoint officers for the Company who shall act in the name of the under the direction and management of the Members pursuant to this written Agreement. In the event that the Managers manage the Company,the Managers shall elect and appoint officers, The officers of the Company shall include a President,one or more Vice Presidents(the number shall be determined by the Members or Managers), a Secretary and a Treasurer, each of whom shall be elected and appointed by the Members or Managers. Any two or more offices of the Company may be held by the same person. SECTION 6.2. ELECTION AND TERM OF OFFICE. The officers of the Company shall be elected by a majority vote of the Members or Managers annually at the first meeting of the Members or as soon thereafter as is convenient, or by the Managers, as the case may be under this Agreement. Each officer shall hold office until his successor shall have been duly elected and shall have qualified or until his death or resignation or removal in the manner hereinafter provided. Such appointment to a position as officer of the Company does not, in and of itself,create contract rights on the part of the officer of the Company. SECTION 6.3. REMOVAL OF OFFICERS. Any officer or agent appointed by the Members may be removed by the Members whenever,in their judgment, the best interest of the Company would be served thereby, but such removal shall be without the contract rights,if any,of the person or entity so removed. Any officer or agent appointed by Managers may be removed by the Managers SECTION 6.4. VACANCIES. A vacancy in any office because of death,resignation,removal,disqualification or otherwise may be filled by the Members or Managers for the unexpired portion of the term and until the successor shall have been chosen and qualified. SECTION 6.5. THE PRESIDENT The President shall be the principal executive officer of the Company and, subject to the control of the Members or Manager, shall in general supervise and control all the business and affairs of the Company. He shall preside at all meetings of the Members or Managers. He may sign, with the Secretary or any other proper officer of the Company thereunto authorized by the Members or Managers, any deed, mortgages, bonds, contracts, or other instruments which the Members or Managers have authorized to be executed, except in cases where the execution thereof shall be expressly delegated by the Members or by this written Agreement to some other officer or agent of the Company, or shall be required by law to be otherwise signed or executed; and in general shall perform all duties incident to the office of President and such other duties as may be prescribed by the Members or Managers from tirne to time. NY LLC- 1 1 SECTION 6.6. THE VICE PRESIDENT. In the absence of the President or in the event of his death, inability or refusal to act, the Vice President (or in the event there be more than one vice president, the vice presidents in the order designated at the time of their election) shall perform the duties of the President. When so acting, such vice president shall have all the powers of and be subject to any and all restrictions placed upon the President. Any vice president shall perform such other duties as from time to time may be assigned by the President or by the Members or Managers. SECTION 6.7. THE SECRETARY. The Secretary shall: (a)keep the minutes of the Members' and Managers' meetings in one or more books provided for that purpose; (b) see that all notices are fully given in accordance with the provisions of this Agreement or as required by law; (c) be a custodian of the records of the Company; (d) keep a register of the post office address of each Member which shall be furnished to the Secretary by each Member; (e) certify the Members' resolutions and other documents of the Company as true and correct;and(f)in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned by the President or by the Members or Managers, as the case may be. SECTION 6.8. THE TREASURER. The Treasurer shall be the chief financial officer of the Company and shall have charge and custody of and be responsible for all finds and securities of the Company and shall keep regular books of all receipts and disbursements of the Company,and in general shall perform such other duties as may be assigned to him by the President or by the Members or Managers. The Treasurer shall disburse out of the firnds of the Company payment of such just demands against the Company as may from time to time be authorized by the Members or Managers. The Treasurer shall sign or countersign all checks,notes and such other instruments or obligations as require his signature,and shalt per all duties incident to his office, or that are properly required of him by the President or Members or Managers, provided however, that by resolution of authority and responsibility for the signing of check,notes,and other obligations maybe assigned to either the President or Treasurer or other such officer or officers as the Members or Managers may designate from time to time. SECTION 6.9. COMPENSATION. The salaries of the principal officers shall be fixed from time to time by the Members or Managers. No officer shall be prevented from receiving his salary by reason of the fact that he is also a Member or Manager of the Company. SECTION 6.10. INDEMNIFICATION OF MEMBERS,MANAGERS AND OFFICERS,AGENTS AND EMPLOYEES A Member, Manager, or Officer, agent, employee or former Member, Manager, Officer or other person acting on behalf of the Company (the "Indemnified Party") shall have no liability to the Company or to any other Member, Manager, or Officer for his or her good faith reliance on the provision of this Agreement including,without any Iimitation,provisions that relate to the scope of duties, including the fiduciary duties, of Members, Managers; and Officers. Subject to such NY LLC- 12 �V v standards and restrictions as set forth in the Articles and this Agreement, the Company shalt indemnify any and all its Members, Managers, Officers, or any persons, or such persons testate or intestate, who may have served at its request,or by its election or by its appointment as a Member, Manager,or Officer,against expenses,including attorney's fees,actually and necessarily incurred by them in connection with the defense or settlement of any action,suit,or proceeding in which they,or any of them, are made parties,or a party, by reason of being or having been Members,Managers,or Officers of the Company, except in relation to matters as to which any such Member, Manager, or Officer, either current or former, or personal shall be adjudged in such action, suit or proceeding to be liable for willfid misconduct in the performance of duty and to such matters as shall be settled by agreement predicated on the existence of such liability as set forth therein, and may advance such expenses,all in accord with the law of New York. The indemnification provided hereby shall not be deemed exclusive under any agreement or otherwise,as both to action in his official capacity and as to action in another capacity while holding such office. The Company may purchase and maintain insurance on behalf of any Member, Manager, Officer against any liability asserted against and incurred by them to the extent the Company would have the power to indemnify them against such liability under the provision of this Agreement and the law of New York. Notwithstanding a written agreement to the contrary, no Member shall be personally liable to the Company or any other Member for damages of any breach of duty in such capacity,provided that such liability shall not be limited if a judgment or other final adjudication adverse to such Member establishes that his acts or omissions were in bad faith or involved intentional misconduct or a knowing violation of law or that he personally gained,in fact,a financial profit or other advantage to which he was not legally entitled or that his acts violated New York law regarding indemnification, or is for any act which is an intentional violation of criminal Iaw. ARTICLE VII Capital SECTION 7.1. CAPITAL CONTRIBUTIONS The Members have contributed to the Company in exchange for their membership interests the cash, services and other property as set forth on Schedule A, annexed hereto. SECTION 7.2. VALUE OF CAPITAL CONTRIBUTIONS. The fair market value and the adjusted basis of the contributing Member of any property,other than cash, contributed to the Company by a Member shall be set forth on Schedule A, annexed hereto. SECTION 7.3. ADDITIONAL CAPITAL CONTRIBUTIONS. Except as expressly provided in this Agreement;no Member shall be required to make any additional contributions to the capital of the Company, SECTION 7.4. NO INTEREST. No interest shall be paid on the Capital Account of any Member. NY LLC- 13 SECTION 7.5. CAPITAL ACCOUNTS. An individual capital account shall be established and maintained for each Member of the Company ("Capital Account"). The Capital Account of each Member shall consist of his or her original capital contribution,increased by(a)additional capital contributions made by him or her,and(b)his or her share of the Company's gains and profits, and decreased by (i) distributions of such profits and capital to him or her, and (ii)his or her share of Company losses. SECTION 7.6. OBLIGATION OF MEMBER. Each Member is obligated to the Company to perform any promise contained in this Agreement to contribute cash or property or perform services, even if he or she is unable to perform because of death, disability, or any other reason. The obligation of a Member to make a contribution the Company may be compromised only by a written consent signed by all the Members of the Company. SECTION 7.7. NO WITHDRAWAL OF CAPITAL CONTRIBUTION. No Member shall have the right to withdraw or be repaid any cash or property contributed to the Company and as set forth on Schedule A attached hereto, except as provided in this Agreement. SECTION 7.8. ADDITIONAL MEMBER CAPITAL CONTRIBUTION. Each Additional Member shall make the Contribution and shall perform the Commitment described in the Admission Agreement entered into between the Additional Member and the Company and which shall adjust Schedule A hereto in accordance with the terms of such Admission Agreement. ARTICLE VIII Distributions to Members SECTION 8.1. DISTRIBUTIONS TO MEMBERS. The Company shall make distributions to the Members of the Company, from time to time, except that no distribution may be made if,after such distribution,the Company would not be able to pay its debts as they become due in the usual course of business,or the Company's assets would be Iess than the sum of its total liabilities (except liabilities to Members),unless otherwise stated in the Articles. For purposes of this Agreement,distributions shall be allocated among the Members in proportion to each Member's Total Capital Contribution on the last day of each calendar month during the year,to the total Capital Contributed by all Members pursuant to this Agreement, without regard to the number of days during such month in which the person was a Member. SECTION 8.2. DISTRIBUTIONS ON DISPOSITION OF ASSETS. In addition to the distributions pursuant to Section 8.1 of this Agreement, upon any sale,transfer,or other disposition of any capital asset of the Company (hereinafter referred to a"'Disposition"), the proceeds of such Disposition shall first be applied to the payment or repayment of any selling or other expenses incurred in connection with the Disposition and to the payment of any indebtedness secured by the asset subject to the Disposition immediately prior thereto. All proceeds remaining thereafter(the"Net Proceeds")shall be retained by the Company or to be distributed,at such time or NY LLC- 14 • • times as shall be determined by the Managers, to the Members in proportion to their respective percentages of Membership Interest;provided however that for purposes of Sections 702 and 704 of the Internal Revenue Code of 1986, or the corresponding provisions of any future federal internal revenue law,or any similar tax law of any state or jurisdiction,that each Member's distributive share of all items of income,gain, loss,deduction,credit,or allowance in respect of any such Disposition shall be made and based upon such Member's basis in such capital asset. SECTION 8.3. DISTRIBUTION TO RESIGNED MEMBER. Upon resignation of a Member,a resigning Member shall be entitled to receive only the distributions to which he or she is entitled under this Agreement. SECTION 8.4. DISTRIBUTION IN KIND. A Member,regardless of the nature of his or her contribution, has no right to demand and receive any distribution from the Company in any form other than cash. However, a Member shall be required and compelled to accept the distribution of any asset in kind from the Company , as determined from time to time by the Managers, in accordance with this Agreement, whether the percentage of the asset distributed to him or her exceeds the percentage of that asset which is equal to that Member's Membership Interest in the Company. ARTICLE IX Profits and Losses SECTION 9.1. PROFIT AND LOSS DEFINED. The "Net Profits and Net Losses" of the Company shall be the net profits and net losses of the Company as determined for Federal income tax purposes. SECTION 9.2. DISTRIBUTION OF PROFITS AND LOSSES. The Net Profits and Net Losses of the Company and each item of income, gain, loss, deduction or credit entering into the computation thereof, shall be allocated to the Members in the same proportions that they share in distributions as set forth in this Agreement. A member shall not be compelled to accept a distribution of any asset in kind to the extent that the percentage of the asset distributed to the member exceeds the Members Percentage. SECTION 9.3. MEMBER'S DISTRIBUTIVE SHARE For purposes of Sections 702 and 704 of the Internal Revenue Code of I 986, or the corresponding provisions of any future federal internal revenue law, or any similar tax law of this state or jurisdiction,the determination of each Member's distributive share of all items of income,gain,loss, deduction, credit or allowance of the Company for any period or year, shall be made in accordance with, and in proportion to, such Member's percentage of the total Membership Interest of all Members as it may then exist. The Net Profits and Net Losses of the Company and each item of income gain/loss deduction or credit entering into the computation thereof, shall be allocated to the Members in the same proportions that they share in distributions pursuant to Section 8.1. SECTION 9.4. MEMBER'S OBLIGATION TO RETURN DISTRIBUTION. A. If,at any time,a Member receives in distribution the return of any part of his contribution NY LLC- I5 without violation of law, the Articles of Organization of this Company or this Agreement, such Member is liable to this Company for a period of one(1)year after receipt of such contribution,for the amount of such returned contribution, but only to the extent necessary to discharge the Company's liabilities to creditors who extended credit to the Company during the period the contribution was held by the Company. B.In the event that a return of any part of a Member's contribution is made in violation of the law, the Articles of Incorporation of this Company, such Member is liable to this Company for a period of six (6) years after the receipt of such contribution, for the amount wrongfully returned. ARTICLE X Admission and Withdrawal of a Member; Transfer of Member's Interest SECTION 10.1. SALE OF MEMBER'S INTEREST, AND RIGHT OF FIRST REFUSAL. A Member who wishes to sell his Member's Interest in the Company in whole or in part(the"selling Member") shall: (1) give written notice to the Company of his intent and give first offer of his interest to the Company. The Company shall then have the option to purchase the interest at the price("Set Price"), if any, as provided in the Articles or this Agreement. Such decision by the majority of remaining Members or Managers (not to include the selling Member or Manager), of the Company will be communicated in writing to the selling Member within thirty(30)days from receipt of this Member's written notice of request to sell. If the Company's decision is to purchase the interest,the purchase price will be paid in cash and the closing will take place within ninety(90)days of the notification to the selling Member or upon such terms as agreed by the Company and selling Member. (2)If the Company decides not to purchase the offered selling Member's Interest in whole or in part,then the other Members shall have the option ofpurchasing the offered Member's Interest at the Set Price, if any, on a pro rata basis based upon the remaining Member's percentage ownership interest in the Company. Should a Member choose not to purchase his proportional share of the offered interest,the other Members shall have the option of purchasing this share on a pro rata basis. After written notice from the selling Member,Members shall have thirty(30)days to provide notice to the selling Member of their intention to purchase The purchase price will be paid in cash and closing will take place within ninety(90)days of notice to the selling Member or upon such terns as agreed by the Company and selling Member. (3) If neither(1) or(2) are applicable, the selling Member may sell share interest to a non- member. A non-member purchaser of a Member's Company interest cannot exercise any rights or receive any benefits of a Member unless a majority of the other Members consent to his becoming an Additional Member upon such terms as are set forth in an Admission Agreement. However,a non- member purchaser of a selling Member's Interest will be entitled to share, to the extent of such selling Member's percentage interest, in any distribution, allocation or profits, losses, deductions, allocation credits or any similar item in the percentage to which the selling Member Interest sold to i him would have been entitled. A non-member purchaser, by his purchase, agrees to be subject to all the terms of the Articles and this Agreement as if he were a Member,including any calls for capital contribution. I NY LLC- 16 0 J�Oso SECTION 10.2. ASSIGNMENT OF MEMBER'S INTEREST. A Member may assign his Company interest, in whole or in part,only upon the unanimous approval of the Members. Such an assignment entitles the Assignee to share in the profits and losses and to receive distributions to which the assignor was entitled,to the extent of the interest assigned. Such an approved assignment does not dissolve the Company or entitle the Assignee to become a Member or to exercise rights of a Member in the Company until he may be admitted as a Member. A Member who assigns his entire interest ceases to be a Member or to have the power to exercise any rights of a Member once all the Assignees become Additional Members; subject to the other Member's right to remove the assignor Member earlier pursuant to this Agreement. A pledge of, grant of security interest in, lien against,or other encumbrance in or against any or all of a Member's Company interest is not an assignment of this interest and shall neither cause the Member to cease to be a Member nor to cease to have the power to exercise any rights or powers of a Member. SECTION 10.3. COSTS OF SALE, ASSIGNMENT, ETC. OF MEMBER'S INTEREST. All costs and expenses incurred by the Company in connection with the transactions set forth in this Section or any similar transaction(s) concerning a Member's Interest, including any costs for disbursement,publishing, counsel fees, shall be paid or assessed against such Member's Interest. SECTION 10.4. ADDITIONAL MEMBERS. The Members may admit Additional Members and determine the Capital Contributions of such Members as set forth in this Agreement and the Admission Agreement to be entered into between the Additional Member and the Company; provided, however, if the Admission Agreement or this Agreement so provides, that each Member consents in writing to the addition of such Additional Member. SECTION 10.5. AGREEMENT BINDING ON ALL MEMBERS. Each person who becomes a Member or Additional Member in the Company, shall and does hereby ratify and agrees to be bound by the terms and conditions of this Agreement. ARTICLE XI Merger or Consolidation With Other Entities SECTION 11.1 MERGER OR CONSOLIDATION. Upon a unanimous vote of the Members and pursuant to any provisions in the Articles or this Agreement, the Company may enter into a lawful merger or consolidation with or into one or more business entities. Such merger shall take place pursuant to a written plan of merger, unanimously agreed upon by the Members,setting forth the constituent business entity planning to merge and the name of the surviving business entity resulting from such merger or consolidation, the terms and conditions of the merger or consolidation and the manner and basis upon which the Members' interests will be converted. Subsequent to approval of such agreement;this merger or consolidation plan may be abandoned upon the unanimous consent of the Members. NY LLC- 17 ARTICLE XII Dissociation,Dissolution, Winding Up & Termination SECTION 12.1. DISSOCIATION. Notwithstanding contrary provisions in the Articles or this written Agreement,a Member's interest in the Company shall cease upon the occurrence of one or more of the following events: (a) a Member submits a notice of withdrawal to the Company thirty (30)days prior the withdrawal date; (b) a Member assigns his entire interest in the Company to a third party; (c) a Member's entire interest in the Company is purchased or redeemed by the Company; (d)a Member is Bankrupt; (e) upon the adjudication of the Member as incompetent to manage his or her person or affairs; or(f) upon the death of a Member. Dissociation of a Member does not entitle the Member to receive the fair value of his Company interest. A dissociated Member who retains an interest in the Company shall be entitled to continue receive profits, losses, distributions, and allocations of income, gain, loss, deduction, credit or similar items to which he would have been entitled if still a Member. For any and all other purposes,including voting,a dissociated Member shall no longer be considered a Member and shall not be entitled to any rights or benefits of a Member. SECTION 12.2. DISSOLUTION. The Company shall be terminated prior to the date of expiration of the term if a term is set in the articles, according to the law, or if. A. Each Member consents in writing that the Company should be terminated and dissolved; or B. the Company is dissolved pursuant to this Agreement. SECTION 12.3. TERMINATION. The Company shall be terminated: A. When the Company has Iess than one member; or B. If any Member; 1. Dies, withdraws, resigns, or expelled from the Company, or upon the occurrence of any other event'which terminates the continued membership of a Member in the Company; 2. Becomes Bankrupt; or 3. A judgment is entered by a court of competent jurisdiction adjudicating him incompetent to manage his person or his property; C. Unless, if there are at least two or more remaining Members, the business of the Company may be continued either(1)with the unanimous written consent of the remaining Members within ninety (90)days after the event causing termination of the Company,so long as such termination is not due to a judicial decree of dissolution,or(2) if under a right of the Company to continue as stated in the Company's Articles or this Agreement. SECTION 12.4. LIQUIDATION AND WINDING UP. Upon the termination and dissolution of the Company, a Person shall be elected to perform such liquidation by the written consent of the majority of the Members. Such Person shall apply and distribute the proceeds of such liquidation as follows: NY LLC- 18 I i A. If any assets of the Company are to be distributed in kind,such assets shall be distributed on the basis of the fair market value thereof, which shall be determined by an independent appraiser to be selected by the Company's independent public accountants. The amount by which the fair market value of any property to be distributed in kind to the Members exceeds or is less than the basis of such property, shall; to the extent not otherwise recognized by the Company, be taken into account in computing Net Profits or Net Losses (and shall be allocated among the Members in accordance with this Agreement)for purposes of crediting or charging the Capital Accounts of, and liquidating distributions to, the Members. B. All distributions upon liquidation of the Company shall first be distributed to creditors, including Members who are creditors, to the extent permitted by law in satisfaction of liabilities of the Company, whether by payment or establishment of reserves; then to each Member,in proportion to the amounts of their respective positive Capital Accounts,as such accounts have been adjusted in accordance with this Agreement to reflect the Net Profit or Net Loss realized or incurred upon the sale of the Company's property or assets; a to reflect all Net Profits or Net Losses with respect to the year of liquidation. No Member shall be liable to repay the negative amount of his Capital Account, SECTION 12.5. LIQUIDATION STATEMENT TO MEMBERS. Each of the Members shall be furnished with a statement,reviewed by the Company's accountants, which shall set forth the assets and liabilities of the Company as of the date of the Company's liquidation. Upon completion of the liquidation, the Company shall execute and cause to be filed dissolution Certificates and any and all other documents necessary with respect to termination of the Company with the appropriate officials of the State of New York. SECTION 12.6. JUDICIAL AND ADMINISTRATIVE DISSOLUTION, Upon good cause shown, a Member or Members holding at Ieast twenty-five (25) percent of the Member's Interest in the Company may apply to the court for judicial dissolution of the Company. SECTION 12.7. REVOCATION OF DISSOLUTION. The Company may revoke its Dissolution at any time prior to the expiration of 120 days following the effective date of filing dissolution documents with the appropriate State office. Revocation of Dissolution shall be authorized when each Member consents in writing to such action being taken by the Company. Such revocation of Dissolution becomes effective as of the date of the Company's dissolution being revoked and the Company shall resume carrying on its business as if dissolution never occurred. ARTICLE XIII Books and Reports SECTION 13.1. BOOKS AND RECORDS; INSPECTION. Accurate and complete books of account shall be kept by the Managers and entries promptly made therein, of all of the transactions of the Company,and such books of account shall be maintained at the principal office of the Company and shall be open at all times to the inspection and examination NY LLC- 19 of the Managers and Members of the Company. The books shall be kept on the basis of accounting selected by the accountant regularly servicing the Company,and the fiscal year of the Company shall be the calendar year. A compilation,review,or audit of the Company,as shall be determined by the Managers in accordance with this Agreement, shall be made as of the closing of each fiscal year of the Company by the accountants who shall then be engaged by the Company. SECTION 13.2. INSPECTION BY MEMBERS. The Company shall maintain the books of account,and the following records at the principal office of the Company, subject to inspection and copying during ordinary business hours at the reasonable request and expense of any Member upon such Member's written request: A. a current list of the full name and last known business and/or residential address of each Member, former Member and other holder of a Membership interest; B. a copy of the Articles and all Certificates and amendments thereto of the Company,together with any executed powers of attorney pursuant to which any certificate was executed; C. a copy of this Agreement, Admission Agreements and any amendments thereto; D. a copy of the Company's Federal,state and local income tax returns for the three most recent fiscal years.- E. ears;E. the Company's financial statements for the three most recent fiscal years; F. A writing setting forth: I. the amount of cash and/or property along with relevant statements as to the agreed value of the property and/or services contributed or agreed to be contributed by each Member; 2. any agreed upon time or event causing the Members to make additional contributions to the Company; J. any agreed upon events, other than those stated in this Agreement, the happening of which will cause the Company to be dissolved. G. Copies of records that would enable a member to determine the relative voting rights, if any, of the Members; and H. Such other information as may be specified in this Agreement, an Admission Agreement or otherwise agreed by all the Members or Managers from time to time. ARTICLE XIV Miscellaneous SECTION 14.1. NOTICES. Any notice or other communication under this Agreement shall be in writing and shall be considered given when mailed by registered or certified mail, return receipt requested, to the parties at the following addresses (or at such other address as a party shall have previously specified by notice to the others as the address to which notice shall be given to him): A. If to the Company, to it or in care of any one or all of the Managers at the address of the Company. B. If to any one or all of the Managers, to them at the address of the Company. NY LLC-20 C. If to any Member, to him at his address set forth on the books and records of the Company. SECTION 14.2. WAIVER OF NOTICE. Whenever any notice is required to be given under the provisions of the Act, the Articles or this Agreement, a waiver thereof in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. SECTION 14.3. COMPLETE AGREEMENT. This Agreement and exhibits attached hereto and thereto set forth all (and are intended by all parties hereto to be an integration of all) of the promises, agreements, conditions, understandings, warranties and representations among the parties hereto with respect to the Company, and there are no promises, agreements, conditions, understandings, warranties, or representations, oral or written, express or implied, among them other than as set forth herein of all of the arrangements among the parties with respect to the Company and cannot be changed or terminated orally or in any manner other than by a written agreement executed by all of the Members. There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties relating to the subject matter of this Agreement which are not fully expressed in this Agreement. SECTION 14.4. CONSTRUCTION OF THIS AGREEMENT. This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party causing this Agreement to be drafted. SECTION 14.5. EFFECT OF INVALIDITY. Nothing contained in this Agreement shall be construed as requiring the commission of any act contrary to law. In the event there is any conflict between any provision of this Agreement and any statute,law,ordinance,or regulation contrary to which the Members or,the Company have no legal right to contract, the latter shall prevail. In such event, the provisions of this Agreement thus affected shall be curtailed and limited only to the extent necessary to conform with said requirement of law. In the event that any part, article, section, paragraph, or clause of this Agreement shall be held to be indefinite, invalid, or otherwise unenforceable, the entire Agreement shall not fail on account thereof, and the balance of the Agreement shall continue in frill force and effect. SECTION 14.6. BINiDiNG EFFECT. This Agreement shall be binding upon, and inure to the benefit of all parties hereto, their personal and legal representatives guardians, successors, and assignors to the extent, but only to the extent. that assignment is provided fbr in accordance with, and permitted by, the provisions of this Agreement. SECTION 14.7. GOVERNING LAW. Irrespective of the place of execution or performance, this Agreement shall be governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be performed in the State of New York. NY LLC-21 cv SECTION 14.8. CAPTIONS, ETC. The captions and table of contents in this Agreement are solely for convenience of reference and shall not affect its interpretation. The headings herein are inserted only as a matter of convenience and reference, and in no way define or describe the scope of the Agreement or the intent of any provisions thereof. SECTION 14.9. GENDER NEUTRAL. Throughout this Agreement, where such meanings would be appropriate (a)the masculine gender shall be deemed to include the feminine and the neuter,and vice versa,and(b)the singular shall be deemed to include the plural, and vice versa. SECTION 14.10. TAX MATTERS. The Members may make any tax elections for the Company allowed under the Internal Revenue Code or the tax laws of the State of New York,or other jurisdiction having taxing jurisdiction over the Company. SECTION 14.11. EXECUTION. This Agreement may be executed in any number of counterparts, each of which shall be an original but all of which shall be deemed to constitute a single document. IN WITNESS WHEREOF,the parties hereto, have executed this Agreement effective as of the day and year first above written. . ... .. . . .. . . ...... . ANNE E. KELROY RU J. BROWNAWELL ............................... ................................ i NY LLC-22 j i v STATE OF NEW YORK COUNTY OF SUFFOLK x AFFIDAVIT OF RESIDENCY In the matter of the Application for a Special Exception for a Bed and Breakfast File No 7226SE By BRUCE BROWNAWELL and ANNE MCELROY, 1855 DEPOT LANE, LLC x BRUCE BROWNAWELL and ANNE MCELROY, each being duly sworn, depose and say: 1. We are the sole Members and owners of 1855 Depot Lane, LLC, each owning a 50%Membership Interest. No other persons or entities own any membership interest, and we have no agreements to transfer any membership interest to any other party or entity. The LLC is the owner of 1855 Depot Lane, Cutchogue,NY. 2. 1855 Depot Lane, Cutchogue,NY is our primary residence, and we are the only permanent occupants of the residence. We have lived at this address since early July, 2018. Our prior residence in East Setauket has been on the market for sale since that date and we no longer reside there. 3. It is our intention to continue to live at 1855 Depot Lane, Cutchogue,NY as our primary residence for the entire time that we operate the proposed bed and breakfast. 4. We each agree not to transfer any interest in the LLC to any other person or entity during our operation of the bed and breakfast. 5. We make this affidavit in connection with the consideration of our application to the Southold Town Zoning Board of Appeals for a special exception to operate a bed and breakfast, knowing that the Board will rely on same in making a decision. In witness whereof, we have each executed this affidavit to set forth below. . /0�'��t�C'_�� — rownawell BruceLefore ll Anne McElroy Sworn me Dec. 3, 2018 Sworn,3ob or a c. , 2018 Notary ublic N tary^Public DONNA McGAHAN ----- Notary Public, State of New York lam E.FuenW No. 01 MC4851459 No"pubM,em Of Now York Qualified In Suffolk County OLOOMQ in ft"k ommy Commission Expires Aug. 18, 204.2 UC,001FU4611700 Comm"M I SCHEDULE A—REVISED 12/3/18 r', . 3 ��lg 1855 DEPOT LANE LLC f [NAME OF LLC] List of Members Member Name Address Capital Percentage Contribution of [Cash, Property/Other] Ownership Anne E. McElroy 1855 Depot Lane $500.00 50% Cutchogue, NY 11935 Bruce J. Brownawell 1855 Depot Lane $500.00 50% Cutchogue, NY 11935 I 12-1 }>n-ne-E-WElroy Da Bru J. Brownawell Date I i I Fuentes, Kim From: Anne McElroy <1855depotlane@gmail.com> Sent: Monday, December 03, 2018 3:38 PM _ To: Fuentes, Kim SCC 3 ? '8 Subject: Re: ZBA #7226SE -Bruce Brownawell & McElroy Attachments: Signed ammendment to Schedule A 1855 Depot Lane Ll_ .pdf- Kim: Attached is the document I mentioned to you today when I was in the ZBA office. Gail Wickham suggested revising Schedule A at the back end of our LLC operating agreement (which I submitted with our application package to reflect that we now reside at 1855 Depot Lane. We set up the LLC before we actually purchased the property so the address listed in the original creation documents was our former home in E. Setauket. The revised address is attached. We will bring extra copies to the hearing, but Gail thought it best to give it to you before if possible. Let me know if you have any questions. Thanks. Anne On Sat, Oct 27, 2018 at 12:39 PM Anne McElroy <1855depotlanengmail.com> wrote: We can make Monday, Nov 19th work Kim. Would it be in same time window? Thanks. Anne On Fri, Oct 26, 2018 at 2:13 PM Fuentes, Kim <kimfnsoutholdtownny_gov> wrote: Is Monday, November 19 convenient? 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: Anne McElroy [mailto:1855depotlane(�)gmail.com] Sent: Friday, October 26, 2018 2:08 PM To: Fuentes, Kim Subject: Re: ZBA #7226SE -Bruce Brownawell & McElroy B & B 1 SCHED ULE A 1855.DEPOT LANE LLC [NAME OF LLC] List of Members Member Name Taxpayer Address Capital Percentage ID Number Contribution of [Cash, Property/Other] Ownership ANNE E. MCELROY 49 Shore Road $500.00 50% East Setauket, NY 11733 BRUCE J. BROWNAWELL , 49 Shore Road $500.00 50% East Setauket, NY 11733 I NY LLC -23 TOWN OF SOUTHOLD PR6PERTY RECORD CAiD OWNER STRE�!�J!��5 VILLAGE DIST. UB. LOT d,74 44 �oqve c, �1-06�-rl v FORMER OWt4ER N Cyc&C4,1;I E La A A C P- s W TYPE OF BUILDINd kt rc,-z-e,6o5k-, G ratk, G-ye(4-6 +; - +-ki q f, � � W�L-e/ -c Z- RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Vplue REMARKS 1,YX Lrxi,,D IMP. TOTAL DATE 0�k s-6 d J11�6-6 (Z-// -7 9-6 C) 0A 7 1 3 li CR's4- <,4n��o (,j I jl�-/1-1 C-) 7 (Xi� V, L� /Z :3 C 12 3 C,-- r �3 / h 5 1 (1 a V/ .2,// L I rtze.u):5k,' r4 h2 6ra-#al) �W;2 49,xy A I 4"e A411- -5z/ �2-000 00 Q 9 ,,q� , -,L--D . .2- Lf-on "v 9 4 0 -3 �IL 5' �qj 136) (,2,,aD 0j)) C) NpcLy s e4- ILI -ejt4i tp I L .........T- BUILDING CONDITION _ " I IVG BOA RL)OF ^GE 'I I glol 6p# S-�S-11 kMb Of dw-A I in NEW NORMAL BELOW ABOVE R&/Q 7-L I a 2 k- (S r-,a i 3 0 Y 75, w FARM Acre Value Per Value Acre It))D9 - 8f 3 429(, FRONTAGE ON WATER 22 Tillable Woodland FRONTAGE ON ROAD Meadowland DEPTH House-,F��-� BULKHEAD d//6re04 -),?"34 DOCK FIli-111 -6 Total "At-, left SCTM # /pod p a _ _ TOWN OF SOUTHOLD PROPERTY RECORD CARD �— J/qC�T_ OWNER STREET ' L� /� VILLAGE_ 1_ DIST SUB. LOT ACR. / pREMARKS �O v - /d 70 - C C TYPE OF BLD. �— PROP. CLASS�I v - LAND IMP TOTAL DATE S -16 R�OF PP $0 FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL ■■■!�■■■■■iii■■■■■■■■■■■■■■■■■ .a ■.-T , _■■_■�➢■■I■■■■■■■■I■■■■■■■■■■■■■■ i 1 PC FULL Basement CRAWL SLAB Finished B. Interior Finish Fire Place Ext. Walls INN N, '11.S, MAINE!N;Nl�- =N N ■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ,• IS► •• =1NI�IEEMIEE MAIN �a IEIEIE - � - ■ t � RECEIVED AUG Q 8 2018 ZONING BOARD OF AppEAL.S . 4 WON R Yti . +. i r Living room Dining room Exterior of home showing front, back, and view • f 2car attached garage U RECEIVED AUG 0 8 2018 S -ZONING BOARD �J I L i 1 ati- �'F r � � DECEIVED AUG 0 8 2018 ZONING BOARD OF APPEALS rt, Half bath off Mud room s� ry "k x t t Laundry in Mud room 4 kECEIVEG AUG 0 8 2018 ZONING 130ARD OF APPEALS Kitchen viewed from 2 angles First floor B&B Bedroom 1 from 2 angles showing full and attached full bath &--7,qQ6SL RECEIVED Au G 0 ZONING BOARD OF APPEALS t fi�k kw" w " T� RECEIVED AUG 08 2018 G BOARD OF APPEALS 2nd Floor B&B Bedroom 2 and attached full bath C �►� RECEIVED AUG 4 8 2013 • y G BOARD OF APPEALS �t 2nd Floor owner occupied Bedroom and full bath -* 7,,?--)6SE RECEIVED AUG 0 S X010 ONING BOARD OF APPEALS 6 PPPT' 7-11A Y a F 2nd Floor B&B Bedroom 2 and attached full bath r r JZM DECEIVED ZO NG�)QAAD OF APPEALS R 2nd Floor aundry closet a _ r 2nd Floor hallway extra full bath 7/16/2018 Brook University Mail-Fwd:STAR credit registration enation CNN stony Brook Anne McElroy <anne.mcelroy@stonybi, University Fwd: STAR credit registration confirmation 1 message Anne McElroy <anne.mcelroy@stonybrook.edu> Sun, Jul 8, 2018 at 10:40 AM To. Bruce Brownawell <bruce brownawell@stonybrook.edu> Bruce This email proves we filed our application for the STAR credit registration to get the refund due on primary residencies in NY I would print this out and bring it with you to show Kim at the ZBA. Tell her I asked the Tax Assessor in Cutchogue whether or not we woulo be able to get Star as an LLC, I called hien, and he said since it was a new application that we'd have to talk to Albany. The person in Albany said there was no problem and took our registration information over the phone The property Key and Confirmation number in this email confirms that. She said it should be automatic. Anne � aAnne E.McElroy,Ph.D Professor,School of Marine&Atmospheric Sciences K ECEIVED Stony Brook University,Stony Brook,NY 11794-5000 Office:Dana Hall room 113;T:631-632-8488 http.//www.somas.stonybrook.edu/people/faculty/anne-mceiroy/ https.//you.stonybrook.edu/mcelroylab/ - -)NTN� ---------- Forwarded message-------- From: New York State Department of Taxation and Finance <info@messages.tax.ny.gov> Date- Fri, Jul 6, 2018 at 3:45 PM Subject: STAR credit registration confirmation To:ANNE.MCELROY@gmaii.com Thank you for submitting your STAR credit registration; we are reviewing your submission. Please retain this email as a record of your transaction. Transaction details Property key: RK21-142M Confirmation number: STEX0706181271742 Property address: 1855 DEPOT LN CUTCHOGUE Time of transaction: 07/06/2018 03.34 33 PM The Tax Department will never send you an email asking you to validate personal information such as your username, password, or account numbers. Please do not reply to this email. Replies are routed to an unmonitored mailbox, so we don't read them or respond https://mail.google.com/mail/u/0/?ui=2&ik=79fdObb31 d&jsver—KYX)�B dF l9M.en.&cbl=gmail_fe_180617 14_p4&view=pt&q=brute.brownawell%40stonybrook.e. 1/1 LK 5 �O vNTY ;JECEiVED AUG � L,)NTNG �9 TER AUTH0 2045 Route 112, Suite 5,Coram,New York 11727-3085 ANNE E. MCELROY 40 June 13, 2018 1855 DEPOT IN CUTCHOGUE NY 11935 RE: Premise: 1855 DEPOT IN Contract Account number: Security Code: Dear ANNE E. MCELROY, We want to take this opportunity to welcome you as a new customer of the Suffolk County Water Authority. The Authority has supplied pure, safe, constantly-tested and affordable water service to the residents of Suffolk County since 1951. Throughout the years we have been committed to providing exemplary Customer Service. Recently we upgraded our Customer Information System, centralized our staff, updated our meters and contracted with a lanquage translation provider to offer over-the-telephone real time translation of several lanquages. In addition, we have instituted many convenient ways for you to electronically manage various aspects of your account. With our e-billing program, you can receive your bill electronically, setup automated payments from your checking or savings account, make a one time payment and view your current and past bills online. For more information or to sign up, go to www.scwa.com. (As a reminder, your first bill will include a $30 processing fee.) Our Customer Service Center stands ready to answer questions and respond to your service needs. Please feel free to contact us at 631-698-9500, 8:30am to 7:45pm, Monday through Friday, or 8:00am to 4:15pm on Saturdays. You can also view our website at www.scwa.com anytime. All of us here at Suffolk County Water Authority look forward to serving you for many years to come. Sincerely, SUFFOLK COUNTY WATER AUTHORITY Customer Service Department �OFFOL/r ELIZABETH A. NEVILLE, MMC �O C Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS � Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ��,( �v 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: August 17, 2018 RE: Zoning Appeal No. 7226SE Transmitted herewith is Zoning Appeals No. 7226SE for Bruce Brownawell & Anne McElroy (1855 Depot Lane LLC): The Application to the Southold Town Zoning Board of Appeals(5E _Applicant's Project Description Questionnaire Agricultural Data Statement Short Environmental Assessment Form ,/ Applicant/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- ::I:Copy of Deed(s) Building Permit(s) Property Record Card(s) _,,Survey/Site Plan Maps- Drawings _7Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) _Misc. Paperwork- STA W A� AJ i o, r`a.\ brr►d Craim4 s-&kA Town of Southold P0Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/17/18 Receipt#: 247511 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7226SE $75000 Total Paid: $750.00 Notes: Payment Type Amount Paid By CK#1439 $75000 Brownawell, Bruce &Anne Mcelroy Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Brownawell, Bruce &Anne Mcelroy 1855 Depot Ln Cutchogue, NY 11935 Clerk ID: JENNIFER Internal ID-7226SE BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �QF $I�Ury 53095 Main Road- P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �p� 54375 Main Road(at Youngs Avenue) Nicholas Planamento OI,YC�(1 Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809-Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 6, 2018 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, DECEMBER 6, 2018. 1:30 P.M. - 1855 DEPOT LANE, LLC., BRUCE BROWNAWELL AND ANNE MCELROY #7226SE — Applicants request a Special Exception under Article III Section 280-13B(14). The Applicants are the owners requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with three (3) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Located at: 1855 Depot Lane, Cutchogue, NY. SCTM#1000-102-1-9.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov. Dated: November 15, 2018 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 TYPESET- Mon Nov 19 12:51:05 FST 2018 an existing single family dwelling,at: 1)lo- southoldtownny.gov LEGAL NOTICE sated less than the code required minimum Dated:November 15,2018 SOUTHOLD TOWN ZONING BOARD side yard setback of 15 feet;2)located less ZONING BOARD OF APPEALS OF APPEALS than the code required minimum combined LESLIE K A N E S W E I S M A N, THURSDAY,DECEMBER 6,2018 side yard setback of 35 feet;at: 2125 Pine CHAIRPERSON PUBLIC HEARINGS Tree Road,(Adj.to Little Creek)Cutchogue, BY Kim E.Fuentes NOTICEIS HEREBY GIVEN,pursuantto NY.SCTM#1000-98-1-13. 54375 Main Road(Office Location) Section 267 of the Town Law and Town Code 11:15 A M -JANE SMERGLIA#7220- 53095 Main Road(Mailing/USPS) Chapter 280(Zoning),Town of Southold,the Request for a Variance from Article XXIII, P.O.Box 1179 following public hearings will be held by the Section 280-124 and the Building Inspector's Southold,NY 11971-0959 SOUTHOLD TOWN ZONING BOARD OF July 23,2018,Notice of Disapproval based on 2286580 APPEALS at the Town Hall, 53095 Main an application for a building permit to con- Road,P.O. Box 1179,Southold,New York struct additions and alterations to an existing 11971-0959,on THURSDAY,DECEMBER single family dwelling,at;l)located less than 6,2018. the code required minimum front yard set- 9:30 A.M. - ANTHONY PIROZZI, JR. back of 35 feet;at:225 Sigsbee Road,Mat- #7216-Request for a Variance from Article tituck,NY.SCTM#1000-143-2-5. XXIII,Section 280-124 and the Building In- 1:00 P.M. - MMC REALTY 2 FAMILY spector's July 16, 2018, Notice of Disap- LIMITED PARTNERSHIP #7221 - Re- proval based on an application for a building quest for a Variance from Article III,Section permit to construct deck addition to existing 280-13A and the Building Inspector's June single family dwelling,at;1)located less than 12,2018,Notice of Disapproval based on an the code required minimum combined side application to legalize"as built"alterations to yard setback of 35 feet;at:1769 Smith Road, an accessory building, at; 1)more than the (Adj. to Hog Neck Bay) Peconic, NY. code permitted one dwelling on each lot;the SC7M#1000-98-4-20. proposed construction constitutes a second 9:45 A.M. - CINTHIA THORP. #7218- dwelling unit in the accessory building; at: Request for Variances from Article XXIII, 7625 Nassau Point Road, (Adj. to Little Section 280-124 and the Building Inspector's Peconic Bay) Cutchogue, NY. SCTM# June 29,2018,Notice of Disapproval based 1000-118-4-4. on an application for a building permit to 1:15 P.M DAVID AND DIANE NELSON construct additions and alterations to an exist- #7223-Request for a Variance from Article ing single family dwelling,at;1)located less XXIII,Section 280.123 and the Building In- than the code required minimum side yard spector's June 25, 2018, Notice of Disap- setback of 10 feet;2) located less than the proval based on an application for a building code required minimum combined side yard permit to make additions and alterations to an setback of 25 feet;at:120 South Lane,(Adj.to existing seasonal cottage, at; 1) a non- Orient Harbor) East Marion, NY. conforming building containing a non- SCTM#1000-37-6-3.4. conforming use shall not be enlarged,recon- 10:00 A M -MICHAEL AND COLLEEN structed,structurally altered or moved,unless LOGRANDE#7224-Request for Variances such building is changed to a conforming use; from Article III, Section 280-15 and the at: 65490 Route 25, (aka Sage Boulevard, Building Inspector's July 6,2018,Notice of Breezy Shores Cottage#24,Adj.to Shelter Disapproval based on an application for a Island Sound)Greenport,NY.SC'I14#1000- building permit to demolish an existing single 53-5-12.6. family dwelling and accessory barn and build 1:30 P.M. - 1855 DEPOT LANE, LLC., a new single family dwelling and accessory BRUCE BROWNAWELL AND ANNE garage,at; 1)existing accessory garage lo- MCELROY#7226SE-Applicants request a cated in other than the code required rear yard; Special Exception under Article III Section 2) proposed accessory garage partially lo- 280-13B(14).The Applicants are the owners cated in other than the code required rear yard; requesting authorization to establish an Ac- at: 550 Fleetwood Road, Cutchogue, NY cessory Bed and Breakfast,accessory and in- SCTM#1000-137-5-1. cidental to the residential occupancy in this 10:15 A.M. - DEBORAH OSTROSKY single-family dwelling, with three (3) bed- #7225-Request for a Variance from Article rooms for lodging and serving of breakfast to III,Section 280-13A and the Building Inspec- the B&B casual,transient roomers.Located tor's August 9,2018,Notice of Disapproval at: 1855 Depot Lane, Cutchogue, NY. based on an application for a building permit SCTM#1000-102-1-9.1. to make additions and alterations to an exist- 1:45 P.M.-TRACY PECK AND DAVID ing accessory building,at: 1)more than the CORBETT#7209-(Adjourned from No- code permitted one dwelling on each lot;the vember 1,2018)Request for a Variance from proposed construction constitutes a second Article XXIII, Section 280-124 and the dwelling unit in the accessory building;at: Building Inspector's June 25,2018,Amended 1260 Koke Drive, Southold, NY. July 20,2018,Notice of Disapproval based on SCTM#1000-87-5-17 an application for a building permit to demol- 10:45 A.M - ANDREW AND LINDA ish an existing single family dwelling and TOGA#7219-Request for a Variance from construct a new single family dwelling,at;1) Article XXIII, Section 280-124 and the located less than the code required minimum Building Inspector's May 16,2018,Amended front yard setback of 35 feet;located at:1305 August 1,2018,Notice of Disapproval based Sigsbee Road, Mattituck, NY. SCTM No. on an application for a building permit to 1000-144-2-6. construct additions and alterations to an exist- The Board of Appeals will hear all persons ing single family dwelling,at;1)located less or their representatives,desiring to be heard at than the code required minimum rear yard each hearing,and/or desiring to submit writ- setback of 50 feet;at:2425 Mill Creek Drive, ten statements before the conclusion of each (Adj.to Arshamomaque Pond)Southold,NY. hearing.Each hearing will SCTM#1000-51-6-40. not start earlier than designated above.Files 11:00 A M -RICHARD AND SIOBHAN are available for review during regular busi- HANS#7228-Request for Variances from ness hours and Article XXIII, Section 280-124 and the prior to the day of the hearing.If you have Building Inspector's August 9,2018,Notice questions,please contact our office at,(631) of Disapproval based on an application to 765-1809, or by email KimF@ legalize an"as built"deck addition attached to ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net November 5, 2018 Re : Town Code Chapter 55 -Public Notices for Thursday, December 6, 2018 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before November 19th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than November 26th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later November 28th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before December 4, 2018. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends ,4UTItMOE UF HEARIi4o "he following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME :0 BROWNAWELL , BRUCE & MCELROY , ANNE # 7226SE SCTM # : 1 000- 1 02- 1 -9 . 1 ARIANCEE SPECIAL EXCEPTION VEQUESTO 3 BEDROOM BED BREAKFAST SATE : THURS . DEC . 6 , 2018 1 : 30 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS (p SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS �:�+-tct i�To-a as.��.a�\� � �v�••Q ��.��\,rte (Name of Applicants) SCTM Parcel # 1000- --ck.� COUNTY OF SUFFOLK STATE OF NEW YORK I, residing at New York, being duly sworn, deposes and says that: On the -Lc' day of '� �''` , 20NV, I personally mailed at the United States Post Office in �v.,�os-� ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the (L-j Assessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature?_, Sworn to before mg this 40-N day of Nby1f1l. `1 20 CONNlE BUNCH �� Notarr Public, State of New York �► rr^ No. 01 BU6186050 Qualified in Suffolk County \ Commission Expires April 14,2�cJ (Notary Public) PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. I U.S. Postal Service" U.S. Postal Service'm CERTIFIED , k O • • Cr Domestic Mail • nly LIII• • O uI Q' `° For delivery information,visit our website at www.usps.com-11. CO CUTCHOGUE r-N� 11,935 .oUL-11 F111 Certified Mail Fee $3.45 0029 �-• Certified Mail Fee . $ $ �(%o N 9 Era Services&Fees(check box,add tee p �`a �� Or p�ryp �Y Extra Services 8 Fees(check box,add tee alrr)gp@te) r��t �„ letum Receipt(hardcopy) $ �+.V ❑Return Receipt(hardcopy) $ 7 IVJVV e �1 O ❑Return Receipt(electronic) $ Poste rLl ❑Return Receipt(electronic) $ !�' Postmark ❑Certified Mail Restricted Delivery $ 0 Certified Mad Restricted Delivery $ sL_(Ifl I O ?O er I= -'�/�2 � O ❑Aduk Signature Required $ � �� ) O []Adult Signature Required $ �f_ —r Imo_ V/1� ,Z�J E-]Adult Signature Restricted Delivery$ ❑Adult Signature Restricted Delivery$ ,S• p Postage C3 Postage 0 ��,'4 $ $0.50 3/2 5�F 018 M $ / a `� r40 Total Postage and F�: I r7� cO Total Postage and ��7G $� $ 43 Sent To — I ` CO Sent To -� . rl Vii_.. +'�-`� �• C tVCJ�----------------- \, \�21J0' a -_�_ a__ C-3 trees o D S an Apt.No., r PO B x o ------------------------------------------------------------------ �r�ypr O Stre�tandApt No.. PG J ` { 9 ----- �------------------------- f� �a --------------------------- City, ZIP+4 -_.� City,State,ZIP+4® `�\J �\Ct• �� -.fie-��o, V`•+ \ LS FoEm 3800,April 2015r rrr•r 3800, 7530-02-000-9047 See Reverse for InstructiorM I U.S. Postal Service'" • • CERTIFIED , k p • • CERTIFIED MAILP RECEIPT r1J I Domestic Mail Only fTl Domestic Mail I ...0 CO 00j.,rwebsiteat Certified Mail Fee , , �'� 9 Certified Mail Fee UUly Q 05 $2.75 $ .�p.T IOW N G5 r1 Extra Services&Fees(check box,add tee�� r� Extra Services&Fees(check box,add fee a ❑Return Receipt(hardcopy) $ V,20 A [:1 Return Receipt(hardcopy) $ N ❑Return Receipt(electronic) $ ' ) IU ❑Return Receipt(electronic) $ ~ Postm t C3 ❑Certffed Mail Restricted Delivery $ I-3 ❑Certified Mail Restricted Delivery $ Here C3 E]Adult Signature Required $ O F1 �Q Adult Signature Required $ ' — / .�' 1:3 []Adult Signature Restricted Delivery$ ❑Adult Signature Re dj 'very$ �/� Postage SPS C3 Postage , m $ $G'SG 11/20/2018 $ Sp ,$ .0 Total Postage and Sys CO Total Postage and S r-1 $ W.7G $ c[3 Sent T42-- cc S t ra �a.,�..� -- ------- �� N c��(" ------------------------ l� Street and L IVq. or Pb Box No. -8------------------------ O treet an Apt.No.,or P Box No. r- , _ \(� 4,..17�'� sv�_ Ciry State,ZIP Cti City State,ZIP+4® �--p ---------i---(�--'-�--(-j=--- _ `—� r r r •r - TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Ap icants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) _ I, ��3—� � residing at `-65 �1- ' C 4-= ,New York, being duly sworn, depose and say that: On the day of ��. � , 201 , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be (Signature) T Sworn to befo e me this ?� Day of VA- 1� , Klm E.Fuentes NoMq Pubilo,StMe of Now York MOW In Suffolk County UC, M01 FU4611709 Notary Public I cam 11Ion Eac Irss A HI 30 * near the entrance or driveway entrance of my property, as the area most visible to passerby. • COmpLL rHIS SECTION COMPLETE THIS SEC. -N ON ■ Complete items 1,2,and 3. DELIVERY Sig a ■ Print your name and address on the reverse so that we can return the card to you. XS Agent ■ Attach this card to the back of the mailpiece, Add ssee �(�/ or on the front ifs ace permits. iv i�� e D• D v p C 1. Article Addressed to: J ` D. Is delivery address differen from its 1? Yes If YES,enter PoloW: No CID II I'III'I I'll III I II it III Il i i III I I I III I I I Il I III 3. rvice D SSign ture R ❑Registered l Exprresse 9590 9402 3751 8032 1050 10 g ��Delivery ❑Registered Mall Restricteo ❑Certified Mal® Delivery ❑Certified Mail Restricted Delivery D Return Receipt for AMir-IP 111111c, ?rancfar fmm sarvirq/ahP/1 ❑Colied on Delivery Merchandise C]8 183Collect on Delivery Restricted Delivery ❑Signature ConftnnationrTM 0 0 0 2 14 41 6 9 6909 ❑Insured Mail ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 over$50o Domestic Return RetG•ipt COMPLETE ■ Complete items 1,2,and 3. A. Signat ■ Print your name and address on the reverse X ^ gent so that we can return the card to you. ❑ ddressee ■ Attach this card to the back of the mailpiece, ace' b ( N d Name) Da eliv ry or on the front if space permits. Qi I 1.jArficleed to: D. Is deliv address different from item 1? s 4v_�� z\� � If YES,enter delivery address below: ❑No {I3. Service Type ; ll I IIIIII I'll III l ll ll III 11 I I III I I l I ill II I I III 0 Adult�nnaaturree Restricted Delivery ❑Registermail Expresser ed Mailnil 9590 9402 3751 8032 1061 30 El Certified Mail® �' ❑R iste ed Mail Restricted D.�i very ❑Certified Mail Restricted Delivery ©Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmaftonTM ❑Insured Mail ❑Signature Confirmation 7 018 1830 0002 14 41 6893 ❑Insured Mail Restricted Delivery Restricted Delivery over ssoo PS Form 3811,July 2015 PSN 7530-02_000-9053 Domestic Return Receipt • • ON DELIVERY ■ Complete items 1,2,and 3. A are ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. (*� Addressee ■ Attach this card to the back of the mailpiece, b'�y(P � fed f D to of ; or on the front if space permits. �p� nl%-4 I& 1. Article Addressed to: �,D. s deliv address different from item 1? ❑Y I If YES, ter delivery address below: ❑N II I IIIIII IIII III I II ll 11111 I I III I I I III II I II I III 3. Service Type ❑Priority Mail Express® ❑Adult Signature ❑Registered MI ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 3751 8032 1050 34 11 Certified Mari® Delivery ❑Certified Mal Restricted Delivery ❑Return Receipt for ❑Colied on Delivery Merchandise 2. Article Number(Transfer from service laben 13 Colied on Delivery Restricted-Delivery ❑Signature ConflrmationI tall ❑Signature Confirmation ?018 1830 0002 14 41 6855 I�I Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt 4�i Michael and Carol Malkush 890 Depot Lane Cutchogue, NY 11935 Town of Southold Main Road Southold, NY S� December 4, 2018 Dear Board Members, We have resided at 890 Depot Lane, Cutcchogue, for the past 14 years. We are writing this letter in support of Bruce Brownawell and Anne McElroy, who are planning to open a Bed and Breakfast across the street from us. We have gotten to know them very well since they moved in this past July. We believe they will do a wonderful job hosting guests. Previously, Joyce and Bob Barry, ran the Farm House B & B for a number of years and there was never any problems. Bruce and Anne are an asset to the community. Thank you. Sincerely, Michael and Carol Malkush r Louise Harrison S 175 Diamond Lane P.O. Box 214 \ Peconic, NY 11958 631-428-1315 louise.w.harrison@gmail.com December 4, 2018 Leslie Kanes Weisman, Chair Members of the Zoning Board of Appeals Town of Southold Zoning Board of Appeals Town Hall Annex Building 54375 Route 25 P.O. Box 1 179 Southold, NY 11971 Re: Anne and Bruce Brownawell for the Farmhouse B & B Dear Chairwoman Weisman and Members of the Board: Please approve the application of Anne and Bruce Brownawell for The Farmhouse B & B. In doing so, you will be adding a friendly, welcoming, and beautiful bed and breakfast to Southold's inventory of overnight accommodations. I have known Dr. Anne McElroy (Anne Brownawell) and Dr. Bruce Brownawell since 1992. We became friends when I had an office at Stony Brook University at the School of Marine and Atmospheric Sciences (then known as the Marine Science Research Center). We found out we share a love of animals and all things related to nature and became good friends. We later became neighbors, when I moved to a house near them. I have been in their former home in Setauket countless times. We have trusted each other to care for each other's dogs when we are away (and our dogs loved it). We also are colleagues and have worked on conservation concerns together in community and Long Island Sound -related projects over the decades. Most recently, Dr. McElroy volunteered to assist Save the Sound, where I work, in understanding the effects of dredging in eastern Long Island Sound. Both Anne and Bruce are trusted and well-respected experts in their fields. I hope we all can welcome them to our community. I believe Southold will find they engage in civic life in a positive way and make friends easily. Moreover, Anne and Bruce are great neighbors. They maintained their home in Setauket beautifully and have a high level of aesthetic appreciation for historically appropriate interior and exterior design. Their country-style flower garden on Shore Road in Setauket was one to admire and envy. I know after the impressive, yet understated, modifications they made to their former historic home, it was very difficult for them to make the decision to sell it, but they are dedicated to living here in Southold now, sharing their new home with guests. 2 I have every reason to believe Anne and Bruce will be great as B & B owners. First, you must realize they are researchers and have thoroughly investigated all aspects of B & B ownership prior to engaging in this new venture. They know this is right for them and they will be right for their guests and the community. This was not a decision they made lightly. Moreover, Anne and Bruce are outgoing and welcoming. For decades they have accepted visiting professors, graduate students, and others in their former home because of the delight they feel in meeting new people and sharing. They are generous of heart and will help make Southold even friendlier than it is today. I was thrilled to learn of Anne and Bruce's plans to move here permanently and open a bed and breakfast here in Southold. I know it will be a success and people will want to return there. Please give them a chance at their dream and approve their application for Bed and Breakfast status. Very sincerely yours, Stony Brook Anne McElroy<anne.mcelroy@stonybrook.edu> University Purchase of B & B 1 message Arthur Levy<arthur@theroartgroup.com> Wed, Dec 5,2018 at 5:02 PM To:Anne McElroy<anne.mcelroy@stonybrook.edu> Cc:Bruce Brownawell<bruce.brownawell@stonybrook.edu> Anne You and Bruce retained my company, The Roart Group LLC, in March 2018 to assist you in examining the tax and financial aspects your proposed real estate acquisition. My professional experience included several years as the tax advisor to the National Bed& Breakfast Association as well as a writer and speaker to"B &B"groups nationwide. I have represented and advised Bed & Breakfast owners and provided tax and business consulting services to owners and operators.My experience and qualifications are available at www.theroartgroup.com. It was my recommendation that you acquire the property in question by taking title in an LLC .There are substantial tax advantages to owning the business in this legal entity.The owners of the LLC will take advantage of legal tax shelter opportunities while protecting themselves and their other assets from potential liability.The actual operation of the business will be the responsibility of the individuals . The use of the LLC is merely"form over substance". If there is any additional information you need, let me know. Good luck Arty Arthur D Levy, CPA The Roart Group, LLC www.theroartgroup com arthur@theroartgroup com 917 744 3661 f,'_{fo RONALD G. FARNWORTH, CFA K ANIDELL, rhi2PdVJOR��i ,�. CJ PUBih'IS,CPA"S' PC: l 5 December 5, 2018 Mr. Bruce Brownawell & Ms Anne McElroy 1855 Depot Lane Cutchogue, NY 11935 Re: Bed &Breakfast Dear Anne& Bruce: It was a pleasure to meet with you and discuss your plans for your bread and breakfast at your new principal residence on Depot Lane in Cutchogue. As we discussed,for tax planning and asset protection purposes, I suggest that you hold title to the property in a newly formed Limited Liability Company (LLC). I appreciate the opportunity to work with you on preparation of your tax returns and any planning concerns that you may have once your B&B is approved. Please contact me if you have any questions or need any assistance. Very truly yours, Ronald G. Farnworth CPA CGMA s T November 1911, 2018 Estate of Lewis Edson Parcel 102-2-16.2 AGR PO Box 939 Cutchogue, NY 11935 Estate of Lewis Edson Parcel 102-2-16.3 AGR PO Box 939 Cutchogue, NY 11935 Carol and Michael Malkush Parcel 102-2-6.4 890 Depot Lane Cutchogue, NY 11935 Jamie and Terry Wilsberg Parcel 102-2-6.5 800 Depot Lane Cutchogue, NY 11935 Dear Neighbors: My husband, Bruce Brownawell, and I purchased Bob and Joyce Barry's home at 1855 Depot Lane last summer with the intention of making it our home and operating it, as they did, as a three bedroom bed and breakfast. In order to obtain a permit to reopen the bed and breakfast we have filled an application to establish an Accessory Bed and Breakfast with the Town of Southold Zoning Board of Appeals. Our hearing before the Board will be at 1:30 pm on Thursday, December 61h. A copy of the public notice and our survey is attached. Please note that we are making no modifications to the home, and that we plan to operate the B&B in a manner similar to the Barry's, primarily accepting guests only on the weekends. If you have any questions or would like to take a tour of our home or the property either before or after the hearing, please feel free to contact me at 631-379-6165 (cell) or at our home number 631-734-8539. Sincerely, cip Anne McElroy and Bruce Brownawell 1855 Depot Lane Cutchogue, NY 11935 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �OF S0�/jyOlO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Robert Lehnert,Jr. G 54375 Main Road(at Youngs Avenue) Nicholas Planamento Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 August 16, 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 #7226SE Owner/Applican : Bronwawell, Bruce & McElroy, Anne Action Requested : Special Exception for a 3 bedroom Bed and Breakfast. Within 500 feet of: ( ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) 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 C er By: Encls. Survey/Site Plan: Kenneth M. Woychuk June 5, 2018; Floor plan: Robert Brown Aug. 8, 2007 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O��QF SOUj53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes 7' Town Annex/First Floor,Capital One Bank Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento 27, � Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 TO. SOUTHOLD TOWN BUILDING DEPARTMENT RE: VERIFICATION OF PERMITTED BEDROOM SPACES/LIVING AREAS TO ESTABLISH Special Exception Application for a bed and breakfast. ZBA Application No.: #7226SE Brownawell, Bruce & McElroy, Anne Date sent to Building: August 16, 2018 In compliance with requirements of Chapter 280 of the Town Code of Southold, Zoning Board of Appeals is forwarding the above referenced application for verification that all designated bedrooms and living areas are permitted. Please return verification to this office within 14 days of receipt. FOR BUILDING DEPARTMENT USE Our office has reviewed the following documents provided in the above referenced application: Based upon the information submitted to this office: Rooms labeled to be used by accessory Bed & Breakfast occupancy are permitted. Rooms labeled to be used by the Owner are permitted. COMMENTS: Signature of reviewer Dated. January 27, 2017 Survey/Site Plan Kenneth M Woychuk dated:June 5, 2017 Floor Plan -Robert1 Brown dated:August 8, 2017 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O��F S0(/j�ol 53095 Main Road• P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Robert Lehnert,Jr. G 54375 Main Road(at Youngs Avenue) Nicholas Planamento �� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 TO: SOUTHOLD TOWN BUILDING DEPARTMENT/FIRE MARSHALL FROM. OFFICE OF THE ZONING BOARD OF APPEALS RE: REQUEST FOR REVIEW: Special Exception Application ZBA Application No.. #7226SE Brownawell, Bruce & McElroy, Anne Date sent to Bob Fisher(Fire Marshall) . August 16, 2018 The Office of the Zoning Board of Appeals is forwarding the above referenced application to determine if additional review or approval is required, to be returned to this office. Our office has reviewed the following documents provided in the above referenced application: This is for a Special Exception from the Zoning Board of Appeals for a three (3) bedroom Bed and Breakfast. They will be put on the December 6, 2018 Pubic Hearing Agenda. 05/2014 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��0� $�UjyO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA Town Annex/First Floor, Robert Lehnert,Jr. • �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento �I,YCOU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 December 26, 2018 Bruce Brownawell and Anne McElroy 1855 Depot Lane Cutchogue,NY 11935 RE: Special Exception Bed & Breakfast#7226 SE SCTM No. 1000-102-1-9.1 Dear Applicants; Enclosed, please find a copy of the Zoning Board of Appeals determination rendered at the Board's December 20, 2018 meeting, granting a Special Exception Permit to operate a Bed and Breakfast, pursuant to Article III, Section 280-13B(14) of the Southold Town Code. Before the Bed and Breakfast is occupied by guests, the applicant must obtain the final Certificate of Compliance for Bed and Breakfast occupancy from the Building Department. Please also be advised that this Special Exception Permit requires an operating permit and inspection by a Building Inspector from the Building Department that must be renewed annually. It is the applicant's responsibility to contact the Building Department to schedule the required inspection. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. Please also note that this Special Exception Permit cannot be transferred to new owners If you have any questions, please feel free to call the office. Sincerel , Ki E. Fuentes Board Assistant Encl. cc: Building Department 7Q i SEE SEC.NO. 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