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1000-116.-6-13
o SO �"16 OFFICE MAILING ADDRESS. r ,m Town Hall Annex P.O. Box 1179 437 State Route 25 Southold, NY 11971 cor. MainYoungs Ave.)Southold, NY 11971 Oro ve 10 1 u LOCAL WATERFRONT REVITALIZATION PROGRAM 'OWN OF SOUTHOLD To:, Leslie Kanes-Weisman, ZBA Chairperson Members of the Zoning Board of Appeals Cc: Julie McGivney, Assistant Town Attorney From: feather Lanza, AICP, Planning Director LWRP Coordinator Date: June 22, 202 Re LWRP Coastal Consistency Review Tanzi Accessory Apartment, SCTM #1000-116.-- -1 ZBA File 'Ref. No #8112sE This application is a Request for special Exception Permit based on an application to build a 450 sq. ft. one bedroom, one bath apartment on the second floor of an existing detached garage at 12600 New SuffolkAve, Cutchogue, NY (SCTM #1000-116.-6-13) The proposed action has been reviewed to Chapter 23, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as Well as the records available to me, it is my recommendation that the proposed action is CONSISTENT With the policies of the LWRP as follows: Policy 1: Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. This proposed action is consistent with Policy 1 because it fosters a pattern of development in the Town of Southold. The Town of Southold Comprehensive Plan encourages the creation of accessory apartments► to expand available affordable housing units. When planning the garage alterations to make the accessory apartment, it is recommended to consider requiring the installation of an Innovative/Alternative Onsite Wastewater Treatment System (I/A OWTS) sanitary system to be more consistent with Policy 5.1.C.1, which calls for the maintenance of efficient operation of sewage treatment facilities to improve nitrogen capacity removal and reduce nutrient input to adjacent waters. The proposed action has been reviewed to Chapter§268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. 4� Yer BOARD MEMBERS So# Southold Town Tall. Leslie banes Weisman,Chairperson 53095 Main Road• P.C .Box 1179 Patricia Acampora Southold,NY 1.1971-0959 Robert Lehnert,Jr. Office Location: Nicholas Planamento � Town Annex/First Floor Margaret Steinbugler 54375 Main Road(at Youngs Avenue) , Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SCJtJTHOLD Tel.(631)765-1809 H March 10, 2026 Heather Lanza., Town Planning Director MAR 10 2026 SOUTHOLD T, ; L RP r W Coordinator Planning Board Office to low Town of Southold 'own Hall Annex Southold, NY 11971 Re: ZBA File Ref No. # 8112SE -- NOFO N . o Tanz f, Dear Sir or Madam: We have received an application to establish an accessory apartment in an existing accessory structure 450 sq ft. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description farm, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWW Section.2+6 -5I is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman C h,a rp Encl. Site Plan/Survey: Gary Steinfeld, West Creek Builders, dated:March 2, 2026 Public Hearing Date: July 2, 2026 sa ; Revised 6121123 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Phone(631) 765-1809 APPLICATION FOR A SPECIAL EXCEPTION PERMIT FOR AN ACCESSORY APARTMENT IN AN ACCESSORY BUILDING Applicant(s)Name(s) N+t FO NDS LLC, Vito Tanzi, Member Applicant(s)Address 12600 New Suffolk Avenue, Cutchogue, NY 11935 Phone: Email: M I/we are the owners of the subject property [ ] I am the agent for the property owner and my Letter of Authorization and Transactional Disclosure Farm is attached. Representative(if other than applicant):,, reek uil rs Address 335 Grathwohl Road, New Suffolk, NY 11956 Phone:631-334-920 Email:gary@westcreekbuilders.com A. Statemg,,tij 0 f w r' h lntcrgst: NOFO NDS LL , Vito Tanzi, Member is(are)the owner(s) of the property known and referred to as 12600 New Suffolk Avenue, Cutchogue, NY 11935 House N...........o. Street Hamlet Zip Code Identified on the Suffolk County Tax Maps as District 1000, Section 116. Block 06 Lot(s) 13 Lot Size 1. Zone District R40 as shown on the attached deed and survey The above-described property was acquired by the owner(s)on August 23, 2022 I/we hereby apply to the Zoning Board of Appeals for a Special Exception Permit pursuant to Section §280-13 B(13)of the Zoning Ordinance to establish an accessory apartment in an accessory building as shown on the attached survey/site plan and floor plan(s) B. proiect° es cri tio : 450 SF one bedroom, one bath apartment on second floor of existing detached garage July 2023 Application Page 2,Special Exception for Accessory Apartment C. The applicant alleges that the approval of this special exception would be in hannony with the intent and purpose of said zoning ordinance,and that the proposed use conforms to the standards prescribed p #- h e' o ti gi&hbrh,ood,,,for,the to].low, therein and Awoqld noi be detrimental,to V!:QP�� r_-persons in t reasons: The application conforms to the standards and requirements prescribed by the code for an accessory apartment located in an accessory buildind and will include the required SCDHS approval and septic system D. The applicant alleges that the following standards prescribed by Section§280- 13(13)(13)(a)-(k)of the zoning ordinance will be met: a. The accessory apartment will be located in the accessory building. b. The owner of the premises shall occupy either the existing single-family dwelling or the accessory apartment in the detached accessory structure as the owners' principal residence.The other dwelling unit shall be occupied by a family member as defined in Section §280-4 of the code or a resident who is currently on Southold Town's Affordable Housing registry and is eligible for placement,evidenced by a written lease,for a term of one or more years. c. The accessory apartment shall contain no less than 220 square feet and does not exceed 750 square feet of livable floor as defined in Section§280-4 of the code d. The accessory apartment will be located on one floor of the accessory building and will contain No more than two bedrooms and No more than one bathroom. e. A minimum of three on-site parking spaces shall be provided as shown on the attached survey. f. Not more than one(1)accessory apartment shall be permitted on this parcel. g. No Bed and Breakfast facilities,as authorized by Section§280-13(B)(14)hereof shall be permitted in or on the premises for which an accessory apartment is authorized or exists. h. The accessory apartment will meet the requirements of a dwelling unit as defined in Section 280-4 of the Zoning Code. i. This conversion shall be subject to a building permit,inspection by the Building Inspector and Renewal of Certificate of Occupancy annually. j. The existing accessory building which is converted to permit this accessory apartment has been in existence and has a valid Certificate of Occupancy and is attached hereto. k. The existing building,together with this accessory apartment,shall comply with all other requirements of Chapter§280 of the Town Code of the Town of Southold. I. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. E. The property which is the subjtct of this application (Cheek all thiWapply'),- lttas,,ti�ot,ch�migeds"tnce,�the,i,sstiaTi,ce��of'tlie att,,ached C:e�ti,*t"fi,cate,s o,f"Occu,ppancy, ]has,changed,or receive additional building permits.Certificates of Occupancy for these changes are attached or will be furnished has been the subject of a prior ZBA decls"on(s),col lies a"Del"attaZ d o Own gnatu,re ss. STATE OF NEW YORK) Sworn to before me this V40 day of r y 20* /Rol 10' ............... 6121123 JANI A.nouwxft Kax"am OF MW ym July 2023 WO C40* Commkokwa 16*, Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A, INSTRUCTIONS 1_., All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained *in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LVVRP policy standards and conditions contained in the consistency review law. Thus,, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be'tindertake.n. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B, DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 116 06 �, 13 The Application has been submitted to(check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees I Category of Town of Southold agency action(check.appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action.- Accessory apartment on second floor of existing accessory building Location of action: 12600 New Suffolk Avenue, Cutchogue, NY 11935 Site acreage: 1-853 Present land use: Existing Single Family .- Present zoning classification: R40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant-Gary Steinfeld,West Creek Builders (b) Mailing address: PO Box 256, New Suffolk, NY 11956 (c) Telephone number.- Area Code 631-334-9205 (d) Application number,if any.- Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes No If Yes,which state or federal agejuicy?, DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes No &Z Not Applicable ............ Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable Attach additional sheets if necessary -Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes rnNo Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria El Yes No V, Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply M* the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 1E Yes No r '4loot Applivable ------- ......----- Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRV Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy S. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. Yes 1:1 No R Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWARP Section III—Policies; Pages 38 through 46 for evaluation criteria. [E� YeLl� No X1 Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. 11�Yes No Not Applicable .......... o ....................... Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LVVRP Section III—Policies; Pages 57 through 62 for evaluation criteria. "v Yes No Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWR-P Section III — Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable Created on 5125105 11:20 AM FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY NO: Z-34872 Date: 03/17/11 TH3:S CERTIFIES that thim building UNHEATED ACC`" GARAGE Location of Property: 12600 NEW SUFFOLK AVE CUTCHOGUE (HOUSE NO. ) (S ET) (HAMLET) County Tax Mp No. 473,889 Section 116 Block 6 Lot 13 Subdivision Filed Map No. Lot NO. conforms substantially to the Application for Building Permit heretofore filed in this office dated APR IL 23, 2010 pursuant to which Building Permit No. 35514-Z dated APRIL 27, 2010 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 UNHEATED NONHABITABLE ACCESSORY TWO CAR GARAGE WITH ATTACHED SCREMiED PORCH (RELOCATED AND RENOVATED) AS APPLIED FOR. rvrvrvry The certificate is issued to LEONARD & A P WESSELL III (OWNER) of the aforesaid building. SUFFOLK DEPARTMEW OF E[EALTH 1PPRCP4AL NZA ------------"WN*W-1 In& CAL CERTIFICATE NO. 33514 -------- ,pLUMERS CERTIFICATION DATED NZA__ iri e 4 z , Si, I l,ure v I. S , u Rev. 1/81 Town of Southold P.O. Box 1179 53095 Main Rd Southold, New York 11971 CERTIFICATE OF OCCUPANCY No: 46802 Date.- 0 1/20/2026 THIS CERTIFIES that the buiflding ADDITION/ALTERATION W oh, Location of Property'. 12600 New Suftblk" 4'kve ("'L'I't"C1,110'aLlic" NYm 1, 1935 See/Block/Lot: Conforms substantially to the Application foi- Building Pemik lieretoforc, filcd in this office dated.. 02/06/2023 3 P ng ursuant to which Buildi Permit No, 4,9303 and dated. 05/2 /2023 Wats issued, and confornis to all of the requirem oats of the applicable provisions of the law. The occupancy for which this certificate is issued is: Addiki"ons and alteraflons Weludi"ng a front covered porch, tmro (2) rear covered porches, and one (1) rear enclosed porch to existing single-family divelling as applied for. Nofo Nd ( njc ccafficate is issue d to"" s LL " Of the aforesaid bUilding. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL,*, ELECTRICAL CERTIFICA'rE- 49303 10/17/20-25 J ze"C's Plui & 11C 5 PLUMBERS CERTIFICATION:1 1P Town of Southold Annex 3126/2011 5 54375 Main Road µ Southold,New York 11971 M k., CERTIFICATEU"F OCCUPANCY No: 35243 Date: ,.. 11 THIS CERTIFIES that the building ADDITION/ALTERATION Location of Property: 12600 NEW SUFFOLK AVE C UTCI-OGUE, SCTM#: 473889 Sec/Block/Lot: 116.-6-13 Subdirv"ioQ* F'ded Map No. Lot No. c+onforrns substantially to the Application for Building Permit heretofore filed in this off.ced dated 416l2010 pursuant to which Building Permit No. 35508 dated 2 2010 was issued and confo ms to all of the requirements of the applicable provisions of the lave. The occupancy for which this certificate is issued is: alto ate onA a ti p nclu h and,attac ed�three c . r � nth bat ��� to c � a �. gxistia a�fa M ljy deII ing as a The{certificate is issued to Wessell ill,Leonard&Wessell,Amy (OWNER) of the aforesaid building. .SUFTOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R I p-08-001 6 9/14111 ELECTRICAL CERTIFICATE NO. _ 11 3.5 548 7122 PLUMBERS CERTIFICATION DATED 7/21/11 Mattituck Plumbing&Keating e Sul n Signature FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY go: Z-33986 Date: 10/01/09 THIS CERTIFIES that the building ADDITIONVALTERATTONS Location of Prcperty: 12600 NEW SUFFOLK AVE CUTCHOGUE I HOUSE NO.) (STREET) (HAMLET) County Tax KAP No. 473899 Section 116 Block 6 Lot 13 Subdivision Filed Map No. Lot NO. conform5 substantially to the Application for Building Permit heretofore filed in this office dated j= 18, 2008 pursuant to which EkjLjjdjn9 permit No. 340,10-Z dated JUNE 24, 2008 was issued, and conforms to all of the requirements of the applicable I provisions of the law. The occupancy for which this certifi cate is issued za ALTERATIONS AND ADDITIONS, INCLUDING OUTDOOR SHOWER STALL DECKS AND ..................... COVERSt) PORCH, TO AN 'EXIST"ING ONE FAMILY DWELLING AS APPLiTZ"D 'F'OR* The certificate is issued to AW P & LEONARD P WES (OWNER) of the aforesaid building- SU FOLK CKXIWff DEPAR,THMM, OF HEALTH "PROVAL ICAL CKRTIEFICATE ]NO 8549 pLUMRII CWTTFICATICH DATM 0 9 "12"10,9 MAT TI'TUC'K PLUMBING, HEAT U" or S igAture Rev. 1/81 FORM NO, 4 TOWN OF SOUT"HOLD BUILDING DEPARTMENT" TOWN CLIERWS OFFICE U'THOLD, No Y. a� CERTIFICATE OF OCCUPANCY 1 a •+4r1r•r r�■r►•rr• 11�'. late r••►r•rir••rrr►rr►►•►r►•wy�•ri.SqvembfiW 1.19 1 9r•6-6 • THIS CERTIFIES that the building located at Nev.r rr r•I•r••rrr►rrr•rrr•r+r•rrrrrrr*. Street MaNV .r rr •rwrrWr'NM44 block No Lot No* /�rrrrr•rr•4• �rr ,�x��lr•►r•rrarrr•4 l ,conforms substantially to the Application for Building Permit heretofore filed in this office dated . • .r.r.r....r..r.rrr.r.. .►.►. . ., 19.61+r. pursuant to which Building Permit No. ';Or+z rr►►►rr4rr • rr e�� � dated •r•r••►44•►rrrrrrr•ir►• •rrr ♦•.►r••4rr 0006.0,Not 19•4 rr was issued, and conforms to all of the requirements provisions of the law. The occupancy for which this 4iotificate is issued is .+....,. of the applicablep , o'YW*r**44►0#1b'r'!NN 1100.r•.r$0110 Y• rrr rrr•rrrrrrrr+�'�li i► / r1.i1M. �.w,►r�►•r;r•r-.r�.4.;►►►. 4"r-+rrWrrr.rr gar,ray►4►�r�irr•44roYr�yrr•rrr�r��w�r.r The certificate is issued to ....• '• •• (owner, lessee or` to t of the aforesaid building* Vq. 1W I _�rwr{,,�ww r Ir►r•.r r►•r•Y r.r .4r,�rrr -r.wM 4M •4-rrrr7�rrrr444. ►for r+rr�f►irta�� • Building Inspector wo ,W ,X BARGAIN AND SALE DEED with Covenant against Grantor-s Acts THIS INDENTURE, made the 23dday of August, 2022 BETWEEN TRACY A. VOIGT and ERIK A. VOIGT, 60 Grammercy Park North #12B, New York, NY 100 10, party of the first part and NOFO NDS LLC, c/o Brick & Patel LLC., 600 Fifth Avenue, 10 floor, New York, NY 10020, party of the second part. WITNESSETH., that the party of the first part in consideration of Ten dollars and other valuable consideration paid by the pw-ty 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, frith the buildings and improvements thereon erected, situate, lying and being in the (see attached schedule "A"). BEING AND INTENTED TO BE THE SAME PREMISES AS DESCRIBED IN DEED DATED OCTOBER 31, 2020 AND RECORDED MARCH 30, 2021 IN LIBER 13097 PAGE 498 AT THE OFFICE OF THE COUNTY CLEW COUNTY OF SUFFOLK, STATE ON NEW YORK. Suffolk County Tax Map # 1000-116-00-06.00-013.000 TOGETHER with all right, title and interest", if any, of the party of the first part I 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 encumbered in any way whatsoever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "'party", shall be construed as if it read (.(.parties 1� whenever the sense of this indenture so requires. FIDELITY....... NATIONAL TITLE INSURANCE COMPANY TITLE No. t''��j f�4-0Ti� 1 789 SCHEDULE A-1 (Description of the Lind) For Tax Map 1121(s): 1000-116-00-06-00-013.000 ,ALL thatcertain plot., piece or parcel of lard. situate, Lying and being at Cutchogue, Town of Southold k and State of New York, being bounded and described as follows- , County �uffol,ti BEGINNING at a point on the southerly side of New Suffolk Avenue where the sar-r-re is intersected by the boundary line of lard now or formerlyof,loan R. Stiles. westerly RUNNING "HENCE from said point for place of beginning along said land of Joan Pie Stiles, South 11 00 seconds West 484.81 feet to the high water mar on April 2 degrees r��rnutes '� � �. � + of great �econ�� at. RUNNING THENCE along a tie lire of the high water mark on April 4 2006 of the Great Peconic Bay North 68 -� 57 minutes seconds West 17, .7 feet to land now or formed of'Donald Case et al- degrees RUNNING THENCE along said land North 11 degrees 25 minutes 00 seconds East 455.43 feet to the New Suffolk Avenue; and southerly side of THENCE along the ,southerly side of New Suffolk Avenue South 78 degrees 35 minutes oo seconds the point or place of BEGINNING. East 17 .E feat to THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements premises which by lair constitute real property. gon the FOR CONVEYANCING ONLY; Together with ;all the right, title and interest of the art of the fiaartt land lying in the.street in front of and adjoiningsaid remises, p p � of i� and to the END OF SCHEDULE Commitment for Title insurance Schedule A.-1 Deschption Prnted 08 05 22 11 59 AM N Y T-FrR'"Mi- 1,0 0 431 004-SPS-1-22-7404-014789 F I p ♦ ■ m I d .....�... h ti � f � � av 'A tr o t. fore r , the 1.11 I-Si n , personal I �� � � Lr A w - :. r onal k known to m rr. proved to 11�lccm the r of sl:Atlsfactory , denc _ tie tho. individULtlk) °f iose na (are) bs rihect to the �vitlljn instrUITIC11t tand tacknowledcfect to r ne thilrt he t he y, eXeCLIted the same in h e r r r try:ity . t h rt by lits/her/thch' fl11�� r r d r "S) L-[C , (LXOCL1[O(.1 the mstrMlleflt befcvcn t I S C( k C(Alllt,V i. IN v I oI- m m A r rirc S'Tz rFEOF NNE y YO r Ors the �' `�� c��r of AUk-TU , 2-0 2 before rile, the Utid rs"a ned, personally appeared ERIK A. VORY"T. personally known to me or proved to nic on the axis of*gat€sfYactor'; evtclence to he the in iV iCkiar(s) whose name(s) is (are) Subscribe to the within i ns'trUment and ac now-ledic►ed to r�r,e that he/shc/the executed the scanic i n hip;/her/the" ir c a acit (ies). that her his/her/their siunature s on tl�� instrument, the Individual(s) acted, C`X.CCLItCd the inStrUment before notary in Suffolk CO MLA ., and State of Ne", York. u j w, Notarvblr AQ�,�ct sauT,yo`p TOWN OF SOUTHOLD BUILDING DEPARTMENT ��. TOWN CLERK'S OFFICE SOUTHOL% NY BUILDING PER MIT (THIS PERMIT MUST BE KEPT ON THE PREMISES W ITH DIVEAQ C MAJECIFfCATIflNS UNTIL FULL COP,LETtQN 4F THE WORK,AUTHORIZED) Permit#: 52058 Date. 07/02/2025 Permission is hereby granted to: Nofo Nds LLC c/o Vito Tanzi Manhasset, NY 11030 To: construct an accessory sports court as applied for. Premises Located at: 12600 New Suffolk Ave, Cu#drogue, NY 11935 SC7M# 116.-6-13 Pursuant to application dated 03/24/2025 and approved by the Building Inspector. To expire on 07/02/2027. Contractors: Required Inspections: Fees: Accessory-New Structure $125.00 CO Accessory $100.00 Total S22S.00 u ing Inspector LIMITED LIABILITY COMPANY AGREEMENT OF NOFO NIBS LLC A NEW YORK LIMITED LIABILITY COMPANY LIMITED LIABILITY COMPANY AGREEMENT of NOFO NDS LLC, a New York limited liability company(the"Company"), dated as of August 2, 2022,by and among the Manager(as defined below) and the Persons (as defined below) listed on Exhibit A(the "Members"). W I T N E S S E T H: WHEREAS, the Company was formed as a limited liability company pursuant to the provisions of the New York Limited Liability Company Law,, as amended from time to time (the "Act"). NOW, THEREFORE, in consideration of the mutual promises of the parties hereto,, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and among the parties hereto as follows: Article I. INTRODUCTORY PROVISIONS Section 1.1. Certain Definitions. As used herein: "Acf' shall have the meaning specified in the recitals. "Affiliate" shall mean,, with respect to any Person, any other Person who directly or indirectly controls, is controlled by or is under common control with such Person. "Amemenf' shall mean this Limited Liability Company Agreement of the Company, as amended,modified or supplemented pursuant to the provisions hereof. "Articles" shall mean the Articles of Organization of the Company as filed with the office of the Secretary of State of the State of New York, as they may be amended from time to time. "Book Value" shall have the meaning specified in Section 2.3. "Capital Account" shall have the meaning specified in Section 8.1. C , it- Contribution"' shall mean a contribution by a Member to the capital of A pi the Company. "Icapital Perc,!�,p tage" shall be determined for each Member by dividing the amount of each Member's Capital Account by the Capital Accounts of all Members. The initial Capital Account of a Member shall be equal to such Member's Capital Contribution and shall thereafter be adjusted as stated herein, as such percentages are set forth in Exhibit A hereto, as such Exhibit may be amended from time to time. "Code" shall mean the Internal Revenue Code of 1986, as amended. Any reference to a section of the Code shall include a reference to any amendatory or successor provision thereto. "Company" shall have the meaning specified in the preamble. "Direct Purchaser" shall have the meaning specified in Section 6.3. "Fiscal Year" shall have the meaning specified in Section 8.3. "Interest"shall mean a Person's share of the profits and losses of the Company and a Person's night to receive distributions of the Company's assets in accordance with the provisions of this Agreement and the Act. " n ,n,terest of the e "Lim tu-11dati, rustee" shall have the meaning specified in Section 7. t.v - * ...OF— mbers," shall mean any one or more Members Ma,)R'ori', , ,'i, M having more than fifty percent(50%) in the aggregate of the Interests of all Members. `Manager" shall mean VITO TANZI ("Vito") or any successor or successors to Vito as provided for in Section 3.1. The term "Manager" and the singular,neuter pronoun used in conjunction therewith, are used herein to refer to the Manager or Managers acting hereunder at a given time, regardless of their actual number or of the gender of any individual Manager. "Net Profits" and"'Net Losses" shall mean the income and loss of the Company as determined in accordance with the accounting methods followed by the Company for Federal income tax purposes but including income exempt from tax and described in Code Section 705(a)(1)(B), treating as deductions items of expenditure described in, or under Treasury Regulations deemed described in, Code Section 705(a)(2)(B) and treating as an item of gain(or loss) both any increase (decrease) in the Book Value of the Company's property under Section 2.3(c)and the excess (deficit) if any, of the fair market value of distributed property over (under) its Book Value. Depreciation, depletion, amortization, income and gain(or loss) with respect to Company assets shall be computed with reference to their Book Value rather than to their adjusted bases. "Notices" shall have the meaning specified in Section 9.1(a . "Person" shall mean an individual, corporation, association, limited liability company, limited liability partnership, partnership, estate, trust, entity, unincorporated organization or a government or any agency or political subdivision thereof. -2- "Transfer" shall mean any direct or indirect sale, assignment, gift, hypothecation, pledge or other disposition, whether voluntary or by operation of law, by will or by the laws of intestate succession, by sale of stock or partnership interests, or otherwise, of an Interest or of any entity that directly or indirectly through one or more intermediaries holds an Interest. "Transferee" shall mean a Person to whom an Interest in the Company has been transferred. "Transferor" shall mean a Person who Transfers all or a portion of the Person's Interest in the Company. "Treasig�,Rex�ilatupn,5," shall mean the regulations promulgated by the U.S. Department of the Treasury under the Code. Any reference to a section of the Treasury Regulations shall include a reference to any amendatory or successor provision thereto. Section 1.2. Name. The name of the Company shall be "NOFO NDS LLC." Section 1.3. PrIll"Cl,Pal Place Of BuSiness. The Company's principal place of business shall be at such place as the Manager shall designate from time to time. Section 1.4. Purposes. The purposes of the Company shall be to conduct any lawful business, purpose or activity, including to operate to make a profit, to increase the wealth of the Members and to provide a means for the Members to become knowledgeable of, manage and preserve the Company's assets. The Company shall have the power to do any and all acts and things necessary, appropriate,proper, advisable, incidental to or convenient for the furtherance and accomplishment of such purposes, and for the protection and benefit of its business. Section 1.5. Duration. The Company was formed upon the filing of the Articles with the Secretary of State of the State of New York pursuant to the Act and shall continue in perpetuity unless dissolved pursuant to Section 7.1. Section 1.6. Filings. The Articles were filed in the office of the Secretary of State of the State of New York. The Manager shall take any and all actions reasonably necessary to perfect and maintain the status of the Company as a limited liability company under the Act. Section 1.7. . The registered agent for service of process on the Company shall be Corporation Service Company, 80 State Street, Albany, New York 12207- 25431, or any successor as appointed by the Manager. Section 1.8. Limitation of Liability. All debts, obligations and liabilities of the Company shall be debts, obligations and liabilities of the Company as an entity, and shall be paid or satisfied from the assets of the Company. In no event shall any of the debts, obligations or liabilities of the Company be payable in whole or in part by(a) any Member, employee, agent, advisor or other representative of the Company; (b) any direct or indirect member, general or limited partner or shareholder in, or ultimate beneficial owner of, a Member, or any other Affiliate(other than the Company itself) of a Member; or(c) any board member, manager, the Manager, officer, employee, agent, advisor or other representative of any of the Persons referred _3- to in the preceding clause (b). The liability of each Member to third parties for obligations of the Company shall be limited to the fullest extent provided in the.Act and other applicable law. Article II. CAPITAL CONTRIBUTIONS; INTERESTS IN THE COMPANY Section 2.1_ ('-',,a,oita,1 Contributions. Each Member has made a Capital Contribution as of the date hereof in the respective amount specified opposite his,her or its name on Exhibit A and shall have a Capital Percentage as set forth in Exhibit A. Exhibit A shall be amended to reflect additional Capital Contributions and to adjust Capital Percentages, to reflect properly the admission of new Members or any other event having an effect on a Member's Capital Percentage; provided, however,that any failure to so amend Exhibit All shall not affect the Capital percentage or status of any Member. Section 2.2. Stib,s,equent Ca it al, Contributions, No further Capital Contributions may be required without the unanimous written consent of the Members; provided however, if the Company is required to make a tax payment relating to an allocation of taxable income or loss to a Member, if'requested by the Company, that Member shall make a Capital Contribution to the Company to enable the Company to make such payment and, in any event, the tax payment shall be charged against that Member's Capital .Account_ Section 2.3. I. etermination. of Bolo'`Bolo'k Value of Co and Assets. , - - (a) Book Value. Except as set forth below, Book Value of any Company asset is its adjusted basis for Federal income tax.purposes. (b) l it a],,Book" atue. The initial Book Value of any assets contributed by a Member to the Company shall be the gross fair market value of such assets at the time of such contribution. (c) Ad justments. The Book Values of all of the Company's assets may be adjusted by the Company to equal their respective gross fair market values, as determined by the Manager, as of the following times: (1)the admission of a new Member to the Company or the acquisition by an existing Member of an additional.Interest from the Company; (ii)the distribution by the Company of money or property to a retiring or continuing Member in consideration for the retirement of all or a portion of such.Member's Interest in the Company; (iii)the termination of the Company for Federal income tax purposes pursuant to Section 708(b)(1)(B) of the Cade; (iv)the winding up of the Company; and (v) such other times as determined by the Manager. (d) LDgpirgesgiati''on a,nd Ainortiz tior. i he Book Value of a Company asset shall be adjusted for the depreciation and amortization of such asset taken into account in computing Net Profits and Net Losses and for Company expenditures and transactions that increase or decrease the asset's Federal income tax basis. -4- Section 2.4. W"I'thdrawal ofC,' Rita,,,I--Limitation on,Distributions. No Member shall be entitled to withdraw any part of the Member's Capital Contributions to, or to receive any distributions from, the Company except as provided in Section.4.1 and Section 7.2. No Member shall be entitled to demand and receive (i) interest on the Member's Capital Contributions or(ii) any property from the Company other than cash except as provided in Section 7.2(a). Section 2.5. 'Allocation of Net Profits and Net Losses. (a) Net Profits shall be allocated among the Members in proportion to their Capital Percentages. (b) Net Losses shall be allocated among the Members: (i) first, in proportion to their Capital Percentages until the Capital Account of any Member is reduced to zero, (ii)then, among the Members in proportion to, and to the extent of, their positive Capital Account balances and, (iii) finally, to the Members in proportion to their Capital Percentages. (c) Tax credits shall be allocated in accordance with Capital Percentages. (d) When the Book Value of a Company asset differs from its basis for Federal or other income tax purposes, solely for purposes of the relevant tax and not for purposes of computing Capital Account balances, income, gain, loss, deduction and credit shall be allocated among the Members under the traditional method with curative allocations under Treasury Regulation Section 1.704-3(c). Article 111. MANAGEMENT Section 3.1. Matiatlement by the Maiig, "per, (a) Manager. The management of the Company shall be vested in the Manager. The Manager shall have all authority, rights and powers in the management of the Company business to do any and all acts and things necessary, proper, appropriate, advisable, incidental or convenient to effectuate the purposes of this Agreement. Any action taken by the Manager on behalf of the Company in accordance with the foregoing provisions shall constitute the act of and shall serve to bind the Company. Unless otherwise provided under Section 3.1(c�i, only the Manager shall have the power to bind the Company. If the number of Managers authorized to exercise a power or discretion shall be greater than one, such power or discretion shall be exercised by unanimous consent of such Managers. Notwithstanding, any provision in this Agreement to the contrary, if any express provision in this Agreement requires consent of a Majority-in-Interest of the Members, the Manager may not undertake any action covered by such provision without the consent of a Majority-in-Interest of the Members. (b) Successor Manager. Subject to Section of this Agreement, if Vito is unable or unwilling to serve as Manager for any reason(including death, removal, or resignation in accordance with Section 5.1), then LENA TRIED-TANZI ("Lena") shall serve as Manager in Vito's place. If Lena is unable or unwilling to serve as Manager for any reason (including death, removal, or resignation in accordance with Section 5.1,), then a successor Manager shall be -5- selected by the vote or consent of a Majority-in-Interest of the Members pursuant to Section 3.1 . (c) gado n of Powers. The Manager may by instrument in writing delegate its powers to officers or agents or employees of the Company or of any Member or to any other Person;provided, however, that no Person shall be entitled to rely on such delegation unless presented with a copy of such written instrument. (d) Bank Accounts. The Manager shall be empowered to cause the Company to open and maintain bank accounts, and all funds of every kind and nature received by the Company shall be deposited in such accounts. Signatories for such accounts shall be authorized from time to time by the Manager. (e) Investment A vis as. The Manager may appoint investment counsel or money managers, or fee-based financial planners (hereafter"advisers"), including any Member in the Company, and, subject to Section.3.4, delegate to such advisers such investment powers and responsibilities as the :Manager may deem proper. Such investment powers and responsibilities may include (i)the sale or purchase of securities or any other investments of the Company, (ii) determining the minimum and maxrrnum prices at which such securities shall be sold or purchased or at,which any other investments of the Company shall be sold or purchased, (Iii) selection of broker(s) or agent(s)to be employed in connection with the sale, purchase and management of securities or any other investments of the Company, and(iv) execution of any and all documents related to the sale,purchase and management of securities or any other investments of the Company on behalf of the Company. The Manager shall have the authority to: (A) select an adviser or advisers suitable to exercise the delegated function; (B) establish the scope and terms of the delegation consistent with the purposes of this Agreement; and(C) periodically review the advisers' exercise of the delegated function and compliance with the scope and terms of the delegation. The appointment and authority of any advisers shall continue until the Manager, by affirmative action, terminates such appointment authority. (f) Power to Remove and Appointa erg. A Majority-in-Interest of the Members may at any time(i)remove any Person serving as Manager or nominated to serve as Manager or successor Manager, (ii) appoint any Person to succeed any Manager serving hereunder or nominated to serve hereunder, or(iii) select any Person to replace any Manager whom a Majority-in-Interest of the Members has removed or who has ceased to act (including by reason of death or resignation in accordance with Section .1). Section 3.2. Activities of the, Maka . t"or,the Mgnibers. (a) The Manager and.each Member (including an Affiliate thereof)may engage in any other businesses or activities, irrespective of whether any such business is similar to or competitive with the activities of the Company. Neither the Manager nor any Member shall have any right to participate in any manner in any profits or income earned or derived by or accruing to the Manager or the other Members or their Affiliates from the conduct of any such activities other than the activities of the Company. -6- (b) None of the Manager, any Member or any adviser appointed pursuant to Section 3.l(e), will violate a duty or obligation to the Company merely because such person's conduct furthers such person's own interest. (c) In the event the Manager or any Member desires to lend money to or transact other business with the Company, such lending or transaction involving a Manager shall be subject to the approval of a Majority-in-Interest of the Members (if such Manager or Member is not the sole Member of the Company). The rights and obligations of the Manager or Member who lends money to or transacts business with the Company are the same as those of a person who is not the Manager or Member. No transaction with the Company shall be void or voidable solely because the Manager or Member has a direct or indirect interest in the transaction. (d) In the event any adviser appointed pursuant to Section 3.1(e) desires to lend money to, or transact other business with, the Company) unless otherwise provided in any instrument appointing such adviser, such lending or transaction involving such adviser shall be subject to the approval of the Manager other than such adviser, or,, if such adviser is also acting as the sole Manager, the approval of a Majority-in-Interest of the Members (if such adviser is not the sole Member of the Company). The rights and obligations of such adviser who lends money to or transacts business with the Company are the same as those of a person who is not such adviser. No transaction with the Company shall be void or voidable solely because such adviser has a direct or indirect interest in the transaction. Section 3.3. Standard of Care" Exculpatl'�on- ffidemntfication. Reimbursement.%....................... ..... - 5 (a) The Members shall not owe any duties to the Company or the other Members. Without limiting the provisions of Section 3.2, the Manager shall not be liable to the Company or any Member for any loss, damage or claim incurred by reason of any action taken or omitted to be taken by the Manager that does not constitute willful misconduct of the Manager. Furthermore, in discharging his, her or its duties, the Manager shall be fully protected in relying upon the records required to be maintained under the Act and upon such information, opinions, reports or statements by any Person as to matters the Manager believes are within such other Person's professional or expert competence, including information, opinions, reports or statements as to the value and amount of the assets, liabilities, profits or losses of the Company or any other facts pertinent to the existence and amount of assets from which distributions to Members might properly be paid; provided that, in each case, the Manager acts in accordance with the standard of care set forth above. (b) The Company shall,, to the fullest extent permitted by law, indemnify and hold harmless the Manager and each Member against any loss, damage or expense (including reasonable attorneys' fees) incurred by the Manager or such Member as a result of any act performed or omitted on behalf of the Company or in furtherance of the Company's interests without, however,, relieving the Manager of liability for failure to perform his, her or its duties in accordance with the standards set forth herein. The satisfaction of any indemnification and any holding harmless shall be from and limited to Company property and the other Members shall not have any personal liability on account thereof. -7- (c) The Company shall reimburse the Manager and each Member for reasonable legal or other expenses of such Manager or such Member in connection with investigating, preparing to defend or defending any claim, lawsuit or other proceeding relating to any loss, damage or expense (including reasonable attorneys' fees) for which the Manager or such Member may be indemnified pursuant to this Section 3.3:provided, however, that if it is finally judicially determined that the Manager or such Member is not entitled to the indemnification provided hereby, then the Manager or such Member shall promptly reimburse the Company for any and all reimbursed or advanced expenses. Article IV. DISTRIBUTIONS Section 4.1. Distributions. Distributions shall be made at such time and in such amounts, if any, as determined by the Manager and, if made,, shall be made among the Members pro rata in cash or other property in accordance with their respective positive Capital Account balances. Section 4.2. Restoration,of Funds. Except as otherwise provided by law, no Member shall be required to restore to the Company any funds or property properly distributed to such Member pursuant to Section 4.I. Article V. RESIGNATION Section 5.1. ILesi nation b Mgnayen The Manager may resign as Manager of the Company prior to the dissolution and winding up of the Company by providing 30 days' written notice to the Members of the Company; provided, however, in accordance with.Section 5.2, if the Manager is also a Member,the Manager shall remain a Member of the Company. Section 5.2. No esi, l -R ,inat� o w n."b Minbers. No Member may resign from the y� Company prior to the dissolution and winding up of the Company. Article VI. TRANSFER OF INTERESTS; ADDITIONAL MEMBERS Section 6.1. Restrictions on Transfer. No Interest in the Company may be transferred without the written consent of the Manager, which consent may be given or withheld in the sole discretion of the Manager. If, pursuant to the Manager's consent, a Member Transfers all of the Member's Interest in the Company, such Member will cease to be a Member and shall not have the power to exercise any rights or powers of a Member. Section 6.2. Additional, hTtere s. Additional Interests in the Company may be issued and sold by the Company in the Manager's discretion to any Person for fair market value, as determined by the Manager under such terms as deemed advisable by the Manager. -8- Section 6. . Admission of Members. A Transferee, or any Person who acquires an Interest directly from the Company (a" �� 'P,urc'haser"), may not be admitted as a Member unless all of the follo wing conditions have been met: (a) The Manager consents to the admission of the Transferee or Direct Purchaser as a Member, in writing, which consent may be given or withheld in the sole discretion of the Manager; (b) The Manager has received, in form and substance satisfactory to the Manager, a written instrument executed by the Transferor, which instrument transfers to the Transferee all or part of the Transferor's Interests; (c) The Transferee or Direct Purchaser has approved and adopted all of the provisions of this Agreement, as the same may have been amended, which approval and adoption shall be evidenced in such manner as is required by the Manager; and (d) The Transferee or Direct Purchaser has paid or agreed to pay, as the Manager may determine, all reasonable expenses relating to such admission.. In the event of the admission of new or additional Members, Exhibits A and B hereto shall be amended accordingly. Section 6.4. Status of Transferee. A Transferee who is not admitted as a Member shall be entitled only to receive that share of profits, losses and distributions, and such allocation of income, gain, loss, deduction or credit or similar item to which the Transferor would otherwise be entitled with respect to the Interest transferred, and shall not have the rights of a Member of the Company under the Act or this Agreement, including the right to obtain any information on account of the Company's transactions, to inspect the Company's books or to vote with the Members on, or to grant or withhold consents or approvals of, any matter to which the Members are entitled to vote on or provide consent or approvals hereunder. The Company shall, however, if a Transferee and Transferor jointly advise the Company in writing of a Transfer of an Interest, furnish the Transferee with pertinent tax information at the end of each Fiscal Year. Section 6.5. Death, isso i t on Batikrtiptcyor co et c of a fiber. Upon the death, dissolution, adjudication of bankruptcy or adjudication of incompetency of a Member, such Member's successors, executors, administrators or legal representatives shall have all the rights of the Member (except as provided by the last sentence of this Section 6.5.) for the purpose of settling or managing such Member's estate. However, such successors, executors, administrators or legal representatives shall not have the right to become a Member in the place of their predecessor in interest unless they satisfy the terms of Section 6.3. Article VII. DISSOLUTION AND LIQUIDATIO Section 7.1. Dissolution. Except as otherwise provided in this Section 7.1, the Company shall continue in perpetuity. The Company shall be dissolved and its affairs wound up upon the first to occur of the following; -9_ (a) The determination of the Manager to dissolve the Company; or (b) The entry of a decree of judicial dissolution under Section 702 of the Act. Section 7.2. fs and Distribution of Assets. (a) Upon a winding-up of the Company, the Manager shall be the liquidating trustee (the ILL,Ltquidatin., Trustee,,") and shall proceed to wind-up the affairs of the Company, liquidate the remaining property and assets of the Company and wind-up and terminate the business of the Company. The Liquidating Trustee shall cause a full accounting of the assets and liabilities of the Company to be taken and shall cause the assets to be liquidated and the business to be wound-up as promptly as possible by either or both of the following methods.- (1) selling the Company assets and distributing the net proceeds therefrom(after the payment of Company liabilities) to each Member in satisfaction of its Capital Account; or(2) distributing the Company assets to the Members in kind and debiting the Capital Account of each Member with the fair market value of such assets, each Member accepting an undivided interest in the Company assets (subject to their liabilities) in proportion to and to the extent of each Member's positive Capital Account balance after allocating and crediting to the Capital Accounts the unrealized gain or loss to the Members as if such gain or loss had been recognized and allocated pursuant to Section 2.5. (b) If the Company shall employ method(1) as set forth in Section 7. in whole or part as a means of liquidation, then the proceeds of such liquidation shall be applied in the following order of priority: (i) first, to the expenses of such liquidation; (ii) second,to the debts and liabilities of the Company, including to the Members, if any, in the order of priority provided by law; (ill) third, to a reasonable reserve set up to provide for any contingent or unforeseen liabilities or obligations of the Company(to be held and disbursed, at the discretion of the Liquidating Trustee,by an escrow agent selected by the Liquidating Trustee) and at the expiration of such period as the Liquidating Trustee may deem advisable, the balance remaining in such reserve shall be distributed as provided herein; and (iv) fourth, to the Members in accordance with"Section 4.1. (c) In connection with the liquidation of the Company, the Members severally,jointly, or in any combination upon which they may agree, shall have the first opportunity to make bids or tenders for all or any portion of the assets of the Company, and such assets shall not be sold to an outsider except only for a price higher than the highest and best bid of a single Member, the Members jointly, or a combination of Members. Any bid made by a Member or Members for all or any portion of the assets shall be made, if at all,within thirty(30) days after the Liquidating Trustee or any other Member shall have requested such bids. A copy of each bid shall be delivered by the Liquidating Trustee to each Member. Unless otherwise agreed by all Members, no Member shall be entitled to raise its bid after submission thereof, whether in response to a bid received by the Company from any other Member or third party, or otherwise. Article VIII. BOOKS; ELECTIONS; BUDGETS; FISCAL YEAR _10- Section 8.1. administrative Services ooks Records,and e vi,ts. The Manager shall cause to be performed all general and administrative services on behalf of the Company in order to assure that complete and accurate books and records of the Company are maintained at the Company's principal place of business showing the names, addresses and Interests of each of the Members', all receipts and expenditures, assets and liabilities, profits and losses, and all other records necessary for recording the Company's business and affairs, including a capital account for each.Member(a"Capital Account"). Each Mem.ber's Capital Account shall be increased by: (i) the amount of any money contributed by the Member to the Company; (ii) the fair market value of any property contributed by the Member to the Company; (ii0 the amount of Net Profits allocated to the Member; and (iv) the amount of any Company liabilities assumed by such Member (or taken subject to) if property is distributed to the Member by the Company; and shall be decreased by: (v) the amount of any money distributed to the Member by the Company; (vi) the fair market value of any property distributed to the Member by the Company; (vii) the amount of Net Losses allocated to the Member; and (viii) the amount of any Member liabilities assumed by the Company (or taken subj ect to) if property is contributed to the Company by the Member. The foregoing provisions and the other provisions of this Agreement relating to the maintenance of Capital Accounts are intended to comply with Treasury Regulations under Section 704(b) of the Cade and, to the extent not inconsistent with the provisions of this Agreement, shall be interpreted and applied in a manner consistent with such Regulations. -11- Section 8.2. Federal Incom,eTax, Elections.: Method,gf Depigciation. (a) If the Company is classified as a partnership for Federal, state and local income tax purposes, the Manner shall determine the method of depreciation to be utilized by *1 the Company for tax purposes and all elections to be made by the Company for tax purposes. The Manager shall be the"partnership representative"under Section 6223 of the Code and shall exercise all rights, obligations and duties of a partnership representative under the Code. (b) If at any time there is more than one Member of the Company, the Manager shall take all actions necessary to ensure that the Company will be classified as a partnership for Federal, state and local income tax purposes. Section 8.3. Fiscal Year. The fiscal year of the Company(the "Fiscal Year") shall end on December 3 1. Article I.X. MISCELLANEOUS Section 9.1. Notices. (a) All Notices, consents, approvals, reports, designations,, requests,, waivers, elections and other communications (collectively, "Notices") authorized or required to be given pursuant to this Agreement shall be given in writing and either personally delivered to the Member or the Manager to whom it is given or delivered by an established delivery service by which receipts are given or mailed by registered or certified mail,postage prepaid, or sent by telex or telegram or electronic telecopier, addressed to each Member and the Manager at the addresses listed on Exhibit B. (b) All Notices shall be deemed given when delivered or, if mailed as provided in Section 9.1i a , on the third(3rd) day after the day of mailing, and if sent by email, telex or telegram or telecopier or overnight delivery service, twenty-four(24)hours after the time of dispatch. Any Member may change its address for the receipt of Notices at any time by giving Notice thereof to all of the other Members, in which event Exhibit B shall be amended accordingly. Notwithstanding the requirement in Section 9.1(aA as to the use of registered or certified mail, any routine reports required by this Agreement to be submitted to the Members at specified times may be sent by first-class mail. Section 9.2. A-rt,,'Ic,le,s,,,Reci,�lu ire j,,,ii,eti,,,ts. From time to time the Members shall sign and acknowledge all such writings as are required to amend the Articles or for the carrying out of the terms of this Agreement or,upon dissolution of the Company, to cancel such Articles. Section 9.3. Enter e A, Leenient. This Agreement supersedes all prior g agreements and understandings amon g the Members with respect to the subject matter hereof. Section 9.4. Modification. No change or modification of this Agreement shall be of any force unless such change or modification is in writing and has been signed by all of the Members and the Manager; provided,that if such change or modification would not have a -12- material adverse effect on the rights or obligations of the Members (or any of them), such change or modification may be made by the Manager without the approval of the Members. Section 9.5. Waivers. No waiver of any breach of any of the terms of this Agreement shall be effective unless such waiver is in writing and signed by the Member against whom such waiver is claimed. No waiver of any breach shall be deemed to be a waiver of any other or subsequent breach. Section 9.6. Severabilit . If any provision of this Agreement shall be held to be invalid,, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 9.7. Further Assurances. Each Member shall execute such deeds, assignments, endorsements, evidences of Transfer and other instruments and documents and shall give such further assurances as shall be necessary to perform its obligations hereunder. Section 9.8. Governing Law. This Agreement shall be governed by and be construed in accordance with the laws of the State of New York. Section 9.9. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Section 9.10. Limitation on Rii._Yhts of Others. No Person other than a Member shall have any legal or equitable right,remedy or claim under or in respect of this Agreement. Section 9.11. ',Re `�esentat"t',,o,n,sa,.,nd,Warrmaities. Each Member,, and in the case of a trust or other entity, the person(s) executing the Agreement on behalf of the trust or other entity, hereby represents and warrants to the Company and each other Member that: (a) if that Member is a trust or other entity, it has power to enter into the Agreement and to perform its obligations hereunder and that the person(s) executing the Agreement on behalf of the trust or other entity has the power to do so; and(b) the Member is acquiring its Interest in the Company for the Member's own account as an investment and without an intent to distribute the Interest. The Members acknowledge that their Interests in the Company have not been registered under the Securities Act of 1933 or any state securities laws, and may not be resold or transferred without appropriate registration or the availability of an exemption from such requirements. Section 9.12. Construction- As used in this Agreement, (a) all pronouns and any variation thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the Person or Persons may require and(b)whenever"include," "includes" or ``including" is used in this Agreement, it shall be deemed to be followed by the words "without limitation. Section 9.13. Fiduciaries. Whenever any trust or estate is acting as a Member under this Agreement, any obligation or liability created hereunder shall bind only the assets of such trust or estate. No such obligation or liability shall be personally binding upon, nor shall resort be had to, nor recourse or satisfaction sought from, any individual or entity, or the property -13- of any individual or entity, at any time acting as a fiduciary of any such trust or estate, whether the claim giving rise to such obligation or liability is based on Contract, tort or otherwise. Section 9.14. ucc ss rs n s� , This Agreement shall be binding upon and inure to the benefit of the Members and their respective successors and permitted assigns. Section 9.15. Securities Laws. All offerings and Transfers of Interests shall be made in compliance with applicable federal and state securities laws. Section 9.16. Watver of Partition. Each.Member hereby waives its right to bring an action for partition of any of the property owned by the Company. Section 9.17. No Par ,.crsh.° It ed dr on-T w u o 1os . The Members have formed the Company under the.Act, and expressly do not intend hereby to form a partnership,, either general or limited, under any partnership law. The Members do not intend to be partners one to another,, or partners as to any third party. To the extent any Member, by word or action, represents to another person that any Member is a partner or that the Company is a partnership, the:Member making such wrongful representation ,shall be liable to any other Members who incur personal liability by reason of such wrongful representation. Section 9.18. Authon".Z�d,Persons. Each Member is hereby designated as an authorized person to sign any documents that are appropriate and necessary to effectuate the purpose of this Agreement from time to time. IN WITNESS WHEREOF, the undersigned have duly executed this Agreement as of the opening of business on the day and year first above written. ViTO TAZI Member and Manager -14- alb :Exhibit A Capital Capital Member Contribution Plercentut Vito Tanzi As set forth on the books and 100% records of the Company rJ Exhibit B Vito Tanzx c/o Brick &Patel LLP 600 Fifth Avenue, 14''Floor New Yorkk, NY 10020 c RECORD 0- la'TH'i" , 0 —N C " LE—) PkOPERTY _ e An` _ it. 0014 1, Cm r _ —z -tar"FORMUR OWNER' Ail -7 t - _ s s _ c s m. ,m ,. i sums. FAR omm - e LAND IMT- - - L 1 E CWTEa s y s e - _ 2 a s � - e r a s - - s Aqe _ \.. _ 4 ` ND PAL t y _ - _ t \ _ jf CUM Acrey Iue r a ml 0 <- ... d lt- \ _ - a z _. _ Aa _ z: ..- — 0 iV A - - lionTilted3l; it -sue_ ce 1-7 a swamp _ — = _ y us v _ �3 y � e i s \ ` - ay ............. ............. ........... ........... LL Lo 4-1 .......... ww Al", j Al-1111-1-11-4, .............. e....... AP, vW trim,JD YL f kv Ah at 'g", ........... 1 II tj CL CL 0) w 0 L.L ru AP C"i J6, woff" py Ir llj Ilk. or jf> lv "A"'o I.IJ JD D ,ov, df 'wl cn ui fir c �� cv NNiiiiiiiN NiiiiiiiiN NiiiiiiiiN wl CIO I n 6 d ., J n�� M " In ly MIN j I d t " I � I LL i rl�a, f1Yl. '+M.wwwa�� f b rlwrlLL I � -/ i L " a, C.L 4 w, II � v ro I u w qq� I ° 1 co i° i Vmmmm.wN mWommmmmi III INONNO ► C ���� � �: o1 Tj � � co � I .e x " I" y Cl. (13 U.„ t.L w CI AN � /�Vh f � °elµ � a"�w'"'✓,� * 0,w � �i r i 1i(i,!ICI `tii'� I�lil I r r a r/ I: m �ij f r �u m I f I � u WON ONO a i a� I � f, r w V u 4 �y Sri V p�, U ( 4 f ,.M•�, F s r „u. s� p; m chi NI E cc to t" to ". Od p.„uvj 03 " p,j I w m „W4w.mu +w� "m„e�„�o*m,»:«*«...w�mM�;��:,�*�.�,»„�,** „A.,*,,",� �... �»�-„„��,� .r���w,"�,.�a ,„„,�,".•-.�..�-�•� ,.ww."""""a .w,�-�.��.�,�. �,a:, ,o>n,Y�.„,�„.,,, ��,, I Own er Affix av't Tenant as ,E4m!*I,y,.Membc%r' Owner: NOFO NDS LLC, Vito Tanzi as Member Property: 12600 New Suffolk Avenue, Cutchogue, NY 11935 SCTNI# 1000-116.-6-13 STATE OF NEW YORK S&O., COUNTY OF SUFFOLK ) VIRoTanzi, as Member of NOFO NDS LLB being duly swom, deposes and says: a�w�ho will be occupying the I am, the ownerand occupan't the above mentioned property and confirm. that the tenant I 'tr 1 1, 1, fully executed,upon approval of the accessory,apartmentis my tnimediatefianIfly membier,.,A wr*tten lease w'11 be apartnient by the Southold Zoning Board,of,Appeals and Building Department. Tenant/Family Member name .............. Si 7twv of Oil Iner, n=r :5 Sworn to before me this day of -tSjntnrV Ip Notary Public JAM A.001MBORG qTxn CF MW ym 01064011 W Nev YO&CaNty Expim ApA M,un ,0,wner Affidavit Owner: NOFO NDS, LLC, Vito Tanzi as Member N . Property: 12600 New Suffolk Avenue, Cutchogue, Y 1 193 5 SCTM# 1000-116.-6-13 STATE OF NEW YORK ) SS'N' COUNTY OF SUFFOLK ) Vito Tanzf,as Member,of NOFO NDS LLC being duly sworn, deposes and says: I am the owner and occupant of the above mentioned property and confirm that one of the dwelling units shall be for the sole exclusive use of the owner or family members as defined in chapter 280-4 of the Code of the Town of Southold. Si,g nay e Sworn to before me this day of ------------ Notary Public WON JAM A.HOLN"Gl INOTAW,RXr-*"%TE(W"tWVM -Q"a§W IfiNew York cefty IIIIIIIIIVuur���u � w uuuuuliiiii µ' r1V Cj IA)NG, PSI' I I ..IU ��t�� �, e 'lllllllllllll II �,, IIIIIV';iiNii� illlllll�llllii° m `I �u u I s i „,°Ism° Iy, I Customer ID: 0295.4008.32.8 Ac c o u nll #: 9620516905 Service To:Vito Tanzi 12600 New Suffolk Av j Cutchogue NY 11935 T AR .Service F'ro m Jan 22, 2026 - Feb 19, 2026 e H e I i n t o keep c o sts d o w n for ever o n e b P nevi o us ba l a n c e $ 4 81.5 2 You Are p g p y Payment(s) Received T h r o u g h 01/2 7/2 6 - -4 81.5 2 payin g y o ur bills promptly. Than k Yo u, Thank You! Yo u've n o w c ompleted a year o n the Time-of-Day (TOD) Bala ce Remain in p, 0 rate, W hile your account no longer has Guaranteed Bill 9 Protection, ou didn't need it, because TOD saved ou New charges 38 .60. y y money compared to your previous rate, Flnd tips for even Please Pay By Mar 16 2026 $ 389.60 more savin gs at pseglin y,c om/timeofday, A 1,5% late payment fee will be applied to outstanding charges if As of January 1, 2026, your billing rate has been modified. payment is not received by March 16, 2026 Please review the information enclosed with this or previous bill. Our walk-in Customer Service Centers are currently closed. Visit psegliny,com for payment options, including in-person, and free online account services. ��'��' �..)������' h��������������������.����������I���������������w�������Wu!P��.11����������� L....��,�II19� ���'����:.�� �w0j�9�I( �„����J ��'�'I� ,,�,��� �� Daily Total w .................... Vdl ........... iuU ml '!!lull Cost Daily Use Pea k Off-Peak Use On or about 03/20/2026 FEB 26 $13.91 51 kWh 5 kWh 46 kWh 1440 kWh FEB 25 $134.39 556 kWh 69 kWh 487 kWh 16120 kWh CONTACT US • Customer Service 813 1.800-490-0025 1 Espanol :1-800-490.0085 ��J1111��J W eekda s 8A M AP P M, Auto mated Ph o ne Services--2 4/1 • Oulages/Em erg encies 24/7) 151 Text OUTto PSEGLI (17 454) or Call 1-800-490-0075 55 5� 54 51 • Hearing/Speech Impaired - TTY Device Required FEB MAR APR. MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB 33° 450 51° 65° 66`� 8 0`� 180 71° 6So 50° 3 8° 3 5° 260 1 2025 2026 • Energy Efficiency Report Theft of Service Peak off Peak 1 800 692 26216 1 61 1 5-6811 Darker bars to mpare current m oath to Last year. Aufacebook.com/PSEGLI t itter.co rn1PSEGL.I One k W h of energy is equal to 1 000 watt hours and will power a 100 watt W eekdays ]AM-11 PM, Sat, Su n 9AM-6PM light bulb for 10 hours 0 00 watts x 10 hours = 1,000 watt-hours = 1 k W h}, PAGE 1 of 3 CUSTOMER ID:0295-4008.32.8 BILL DATE 02/21/2026 ......................................11...................................rr...........................................rr...,,,,............... ,w, Please detach here and return with your check made payable to PSEG Long Island, � u ,) N'G CUSTOMER ID: 0295-4008.32.8 u w P ISECIN, it „wwwwrrwrmrmrwmrwmmmm�rrnrna.m.fi�uunwnxwe+mmmnrmirrminwwwvrw,rrnwirvvwrmrmnwmmuvmuvirvirvirvnwmmmmmmrniwmmmwuv Arm o u nt Due $ 389.60 PAY YOUR WAY, 24/7 � Please Pay By Mar 16, 2026 We offer a variety of Beth ods that male it easy to f=nclosed: $ pay your bill. See reverse side for more information. p PS EG Long Island Vito Ta n zi PO Lox 9050 28 Mason Dr Hicksville NY 11802-9050 Manhasset NY 11030-2008 ILON'G L Ak N 1) Customer ID: 0295.4008-32-8 Account #: 9620516905 PERIOD:! E'"I"'A I L_S1 0 F C U��R IR EN1" E N E R G Y C H A G E S E I e c t r i ic Li s-''11 9 e Rate 194 Residential, Time-Of-Day, Standard, 2 period Total Kw Meter i 80634861 112% Delivery & Syste m Ch arg es $ 165.38 Actual readin 9 o n 0 2/19/2 0 2 6 317 The,cast.to deliver,electricity:in clvdes operation a nd niaintenan ce of Actual readin 9 9 n 0 1/2 2/2 0 2 6 -0313 the e1ecttic,s,1ste,rri,and certain transitto n charges of SO.022 94/k,W h o n behalf o I t h e U ti lit y Debt Sec u r ifiz-ati o m Ruth o tit y,t h o on,me ei e,I''s a c h Difference 31 tra n siti o n c h a 19 es. Meter M u Itiplier x 40 1440 K W F Basic Service : 28 day(s) CEP ,5 6 0 0 = 15.68 Total Billable K w h 1441 MFC : 1440 KWH 0 0 0116 4 = 2�54 Total electricity used in 2 8 day(s) 1440 KWF Peak: 140 KWH 9 .1885 = 26.3 9 111_1111�11—-—------------- ....... .............. ....... ............. ........... Off Peak: 1300 KWH 0 $ .0929 = 12 0.11 Peak Usage 140 KWF 50% Po of er Supply Charges 194.03$ Off Peak Usage 13 0 0 KWF The cost of electricity.-in cludes the putc base of fuel (e.g. oil and gas) used to produce electricity and electricity purchased directly. Peak: 140 KWH Ca) $ .300000 = 4200. Off Peak: 1300 KWH 0 $ .116946 = 15 2�0 3 8% Taxes & Other Ch arg es $ 30.19 DE Charge 1440 KWH 9 $ .006014 = 8,66 Delivery Service Adjustment .1,47 Reven ue Dec o uplin g Adjustment 0,,,3 0 NY State Assessment V 9 4 Reven u e-Based PILOTS 4.10 Suffolk Property Tax Adjustment 0.16 Sales Tax 9 2.5 % 9.50 100% Total Charges $ 389.60 PAGE 2 of 3 CUSTOMER ID:0295.4008-32-8 BILL DATE 0 212112 0 2 6 Explore Convenien 1 113 a y 171 en I 01,-.)fions at pseqfiny.co Imi 11 w, a y,s t o,1,")a y Ap p or Credit or Debit In Person Online By Text 11 U.1 7 AutoPay Automatic payments from M ost ma Fake a payment anytime Pay by text message or your or cards accepted. Pay in cash at our 24/1 j from a checking or savings ph o n e's li g htbu lb em ofi! your bank or credit/debit card. Pay online or by phone. kiosks or hundreds of account with our free mobile (Fee may apply). authorized locations. Kios app or online with My Account. Text PAY 19 Skip checks and stamps. also accept credit/debit an PSEGLI(7 7 3 4 5 4) Never w oriy about due dates. checks.Scan code on (roi Apply online ordownload 1-8 3 3-9 4 4-0 04 4 or online for easy access at kiosks. App for iOS and Android apol'icatio n psegliny.com/waystopay psegliny.com/account psegliny.com/arceaUnt G,P.I Bilk Rv E m a fl! n e a 1i mi v,c a m In,a r-)e rf L ON(,", (0 PSEG-v I Customer ID: 0295-4008-32.8 Account #: 9620516905 BILL DEFINITIONS KWK -Kilo watt Hour-energy consumed if 1,000 watts(ex.ten 100 W bulbs)are used for one hair. kW or Demand -The dig Hest amaint of electricity used in any 1/4 hourduriig the billing period,1 k W is equal to 1000 watts, Me I er M a Itiplier-Converts recorded use to total use a i meters that are desig a ed to only record partial use. Basic Service-Themiaimim daily costfor a 24/1 connection to theelectric system. Defivery So rvice AdW'Nstmio Chat q'e or tite0it''th at,tracksact#aletpeoses,agai I,st,budgeted eipeoses for a opiedIctable costs,s,o ck as storM ws,po use. Dis I uib a I o d E,#e i es,of#I ces(DER)Ch,3-tgo Reco vet sthe,Lost oteserqj efficienq ud�ooseivafioi pro 9tams,as vell as tenew able techoo,fogies. 'I OTs Or�e'ells i"a Lieti ol''TaxeS s assessed a i t h e electric Rtwove-Base '�L State,and local taxes#i itlifty seven W es�This,does, p of im,clude p(iopetty taxes s y steryi,w h lilt,h ma ke w!p 1 OTY"o It Nil. Reve a ale De c o 0 0'41 Ad"11,I me 4t Chatgeot ciedit applied to balao,ce actual delivery revea ee with the approved revei ues level.Em c a arages energy s effizieot y,by bteaJ rg ity pe s,do a�c I o fl sileig te,ve o i e,. NY State Ass,e,ss,to e of -Assessmeo(inip osed,no all a t1lifies a od colleved,oo behalf of t k e State. S,v f(elk Property Ta_x Adjtustm a,al -The aimoo et collected by,PSEGUltomt Sollolk Co u my customers represeatin g the overpayment of property taxes to the Shoreham ta.11,0 1,J,I risditfi,a 1,S f r 0 M a c o e rt.o rdered le ga I settlemen t dated Jao is ty 11,Z 0 0 0, Safes Ta% ,state a odlo r local sales Caste m er Benefit Ce allribution (CBC)Charge -the cost of customer-luided public benefit programs.Applicableto net meter customers who connect of or after Jaiiaty 1, 2022. M ercha at Fe octio a Charge(MFC) -administrative aid collection related costs associated with procuring electric supply. YOUR ENERGY USAGE BY HOUR Hourly kWh for current period 3.5 2.4 1 A 2 A 3 A 4 A 5 A 6 A I A 8 A 9 A 10 A 11 A 12 P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 p 9 P 10 P 11 P 12 A W eekdayLs 'W eeke nd s.0A, H o It Pea k 3P to I None! Off Peak 7P to 3P All Day YOUR ENERGY' COS'"T VARIES BY'TIME 0F" 0AY Usage% Usage Avg. C o st Cost Cost% Peak 10% 140 k W h $0.4 885 $6 8.3 9 20% Off Peak 9 0% 13 0 0 k W h $0.2 0 9 8 $212.8 0 Slililililil EN=00 0/1 1440 kWh $341.19 $15,68 Basic Service $32.13 Other Taxes,Credits or Charges $389.60 Owner Affidavit Tenatit as Fani,* 'be fly Mem r Owner: NOFO NDS LLC, Vito Tanzi as Member Property: 12600 New Suffolk Avenue, Cutchogue,NY 11935 SCTM# 1000-116.-6-13 STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK ) 1.,Mto Tanzi, as Member of N;0F0 NDS LLC being duly sworn, deposes and says: I am the owner and occupant of the above mentioned property and confirm that the tenant who will be occupying the accessory apartment is my immediate family member.A written lease will be fully executed upon approval of the apartment by the Southold Zoning Board of Appeals and Building Department. 6L Tenant/Family Member name mmy IIIIUM 0j* Sworn to before me this log day of OL(-CAr,%- 210 )�e Notary Public WtMBMG JAMA. %T*Tt Of MW YOW NOW ty YO&Cm* C Commobsu 60jokslog Eqdm Aprd A Residential Lease Agreement IS L ASS AGREEIVIE 'T(hereinafter referred to as the"Agreement") made and entered into this ay of 20 16 , by and between NOFU NDS LLC c/o Vito Tanzi ("Landlord") and S Lk Ln i�� ("Tenant"). WHEREAS, Landlord is the fee owner of certain real property being, lying and situated in Suffolk County, New'York,such real property having a street address of 12600 New Suffolk Avenue, Cutchogue, NY 11935-2nd Floor of Detatehed Garage.,,("Premises").WHEREAS, Landlord is desirous of leasing th .Prernises to Tenant upon the terms an oondMi tions as contained Yv Lits nt,ins desirop�us of eas1n the Pre ises from La here 1 y a n H`ER�A� den i o rd ors t h e,ter s an conditions as containedreiin ,THEREFORE,,for and in nonsi 'aeration oft e s n of .'0 Dollars (st,59�),"oe covenants,and obligations co,ntained her lin and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties hereto hereby agree as follows. 1.TERM. Landlord leases to Tenant and Tenant leases from Landlord the above described Premises together with any and all appurtenances thereto,for a term of Two Years [specify number of months or yearn A,such term beginning on and ending at 12 o'clock midnight on .�- � �� o o '�77 2. RENT000 ' r - The total rent for the term hereof is the sum of CELLARS payable on the a °of each month of the term, W equal installments of 0 DOLLARS }first and last installments to be paid K6 !jj�Q upon the due execution of this Agreement,the second installment to be paid on I t—t "'.1�11111;11�1 . All such payments shall be made to Landlord at Landlord's address ast4t forth in the preamble to this Agreement on or before the due date and without demand., 3. DAMAGE DEPOSIT Upon the due 1,Lew tio of is Agreement,Tenant shall deposit with Landlord the sum of .MP DOLLARS,($ } receipt of which is hereby acknowledged b Landlord,as security for any damage caused to the Premises during the term hereof,.. g Y Such deposit shall be returned to Tenant,without interest,and less any set off for damages to the Premises upon the termination of this Agreement. 4. USE of PREMISES The Premises shal be used and cupied by Tenant and Tenant's immediate family, consisting of T Wpm-, exclusively,as a private le family dwelling,and no art of the Premises shall be sin � p used at any time during the term of this g y Agreement by Tenant for the purpose of carrying on any business, profession,or trade of any kind, or for any purpose ether than as a private single family dwelling.Tenant shall not allow any other person, other than Tenant's immediate family or transient relatives and friends who are guests of Tenant,to use or occupy the Premises without first obtaining Landlord's written consent to such use.Tenant shall comply with any and all laws,ordinances, rules and orders of any and all governmental or quasi- governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. Tenant Initial S.CONDITION OF PREMISES Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe,clean and tenantable condition. 6.ASSIGNMENT AND SUB-LETTING Tenant shall not assign this Agreement,or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord.A consent by Landlord to one such assignment,, sub-letting or license shall not be deemed to be a consent to any subsequent assignment,sub-letting or license. An assignment.,sub-letting or license without the prior written consent of Landlord or an assignment or sub-letting by operation of law shall be absolutely null and void and shall,at Landlord's option,terminate this Agreement. 7.ALTERATIONS►AND IMPROVEMENTS Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement. 8. NON-DELIVERY OF POSSESSION In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term,through no fault of Landlord or its agents,then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Landlord or its agents shall have thirty(30)days in which to give possession,and if possession is tendered within such time,Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time,through no fault of Landlord or its agents,then this Agreement and all rights hereunder shall terminate. 9. HAZARDOUS MATERIALS Tenant shall not keep on the Premises any item of a dangerous,flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 10.UTILITIES Tenant shall be responsible for arranging for and paying for all utility services required on the Premises. 11.MAINTENANCE AND REPAIR; RULES Tenant will,at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof.Without limiting the generality of the foregoing,Tenant shall: (a) Not obstruct the driveways,sidewalks, courts,entry ways, stairs and/or halls,which shall be used for the purposes of ingress and egress only; (b) Keep all windows, glass,window coverings,doors, locks and hardware in good,clean order and repair; (c) Not obstruct or cover the windows or doors; (d) Not leave windows or doors in an open position during any inclement weather; (e) Not hang any laundry,clothing,sheets, etc.from any window, rail, porch or balcony nor air or dry any of same within any yard area or space; (f) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord; (g) Keep all air conditioning filters clean and free from dirt; (h) Keep all lavatories,sinks,toilets, and all other water and plumbing Tenant Initial apparatus in good order and repair and shall use same only for the purposes for which they were constructed.Tenant shall not allow any sweepings, rubbish,sand, rags, ashes or other substances to be thrown or deposited therein.Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; (i)And Tenant's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises,or otherwise disturb other residents; 0) Keep all radios,television sets,stereos, phonographs, etc.,turned down to a level of sound that does not annoy or interfere with other residents; (k) Deposit all trash, garbage, rubbish or refuse in the locations provided therefore and shall not allow any trash,garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; (1)Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners'Association having control over them. 12. DAMAGE TO PREMISES In the event the Premises are destroyed or rendered wholly untenantable by fire,storm,earthquake,or other casualty not caused by the negligence of Tenant,this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder.The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises,Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date.Should a portion of the Premises thereby be rendered untenantable,the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such untenantable portion,the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. 13. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs,additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or"vacancy"signs on the Premises at any time within days before the expiration of this Lease.The right of entry shall likewise exist for the purpose of removing placards,signs,fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises. 14.SUBORDINATION OF LEASE This Agreement and Tenant's interest hereunder are and shall be subordinate,junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord,all advances made under any such mortgages, liens or encumbrances (including, but not limited to,future advances),the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances. 15.TENANT'S HOLD OVER If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of wer-rrns and conditions 'hereof except that,rent shall then be due and per month and except owing at, 4,ro DOLLARS that such tenancy shall terminable upon _days written notice served by either party,. Tenant Initial 16.SURRENDER OF PREMISES Upon the expiration of the term hereof,Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted. 17. Pets Pets are (are/are not) allowed at premises.Animals accw ted at premises must be less than 500 dollar SOD '} -,pounds. Pets on premises require an additional deposit. 18.QUIET ENJOYMENT Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant's performance of all Tenant's agreements contained herein and Tenant's observance of all rules and regulations,shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof. 19. INDEMNIFICATION Landlord shall not be liable for any damage or injury of or to the Tenant,Tenant's family,guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment,or in the structure or equipment of the structure of which the Premises are a part, and Tenant hereby agrees to indemnify,defend and hold Landlord harmless from any and all claims or assertions of every kind and nature. 20. DEFAULT If Tenant fails to comply with any of the material provisions of this Agreement, other than the covenant ' 'a "' to pay rent,,or of any present rules and,regulations oir any that may be hereafter pr 'cr"" d es,c,r,ib,, by Landlord, or materially fails to corn nan ply with any duties imposed,on Tet by sta:tu,te,,within days, after delivery of`write en notice by Landlord spetifying,the non compliance and,indi"ca.fiing"t, ,e intention of Landlord-to ter mInatethe Lease by reason thereof, Landlord may terminate this Ag"reemient. If Tenant, days thereafter, Landlord may, fails to pay rent,w,hen due and the,default continu�esfor It—Yoll "I I I(.B at Landlord's,o,ption,declare the entire balance of'rent payable hh neunder,to,be immediately due and payable and may exercise any and all rights and remedies available to Landlord at law or in equity or may immediately terminate this Agreement. 21. LATE CHARGE In the event that any payment required to be paid by Tenant hereunder is not made within )days of when due,Tenant shall pay to Landlord,in addition to such payment or other charges due hereunder, a "late fee" in the amount of DOLLARS($ 5 0 Y 22.ABANDONMENT If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, Landlord may,at Landlord's option,obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever. Landlord may, at Landlord's discretion, as agent for Tenant, relet the Premises,or any part thereof,for the whole or any part thereof,for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting,,and, at Landlord's option, hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of Tenant Initial the unexpired term, if this Agreement had continued in force,and the net rent for such period realized by Landlord by means of such reletting. If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant,then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so. 23.ATrORNEYS' FEES Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys'fee. Tenant shall not record this Agreement on the Public Records of any public office. In the event that Tenant shall record this Agreement,this Agreement shall, at Landlord's option,terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity. This Agreement shall be governed,construed and interpreted by,through and under the Laws of the State of New York. If any provision of this Agreement or the application thereof shall,for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant. The pronouns used herein shall include,where appropriate, either gender or both,singular and plural. No indulgence,waiver, election or non-election by Landlord under this Agreement shall affect Tenant's duties and liabilities hereunder. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified,changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested,addressed as follows: if to Landlord to: NOFO NDS LLC c/o Vito Tanzi [Landlord's Name] 12600 New Suffolk Avenue,C utch og u e, NY 11935 [Landlord's Address] If to Tenaritto. SqUo. V� [Tenant's Name] 12600 New Suffolk Avenue, Cutchogue, NY 11935 [Tenant's Address] Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. Tenant Initial, 33.ADDITIONAL PROVISIONS; DISCLOSURES. [Landlord should note above any disclosures about the premises that may be required under Federal or New York law,such as known lead-based paint hazards in the Premises.The Landlord should also disclose any flood hazards.] As to Landlord this day of 20�7, LANDLORD-. Signature: Print: NOFO NDS LLC c/o Vito Tanzi Date: As to Tenant.,this 5rday of U^Cl 20 TENANT{"Tenant"}: Signature: .......... Print: M Zoe Date: CO-TENANT Signature: Print: Date: Tenant Initial 12600 NEW SUFFOLK AVENUE, CUTCHOGUE, NY OWNER: NOFO NDS LLC,VITO TANZI I 01.06.26 a. 4 w 1 I r I u/ W i u J Sri Yj�r vroi�Ill1f��F� Pi ��rar y t r r r g r � � I��..NO jdl@M� '!%��,���% /l���l P/Y�ff%��, ..0 �,,,", ,, ��/r�������� ���'✓f i i 1 i I it i >a /?Nl�°t l a ���r�1���� I,, � ,,, � Ill��/l ��✓�%l///,, �„ J, ;Y I r�'+�,r"� { Ilj``illl r� ro`'rU I V N i �;" �v�¢a,v,�afafafafa�Nrva�Nwawawxaw�ououiraoiu ,w,�.... uun ....m, ' ✓!��y�a�a 4 i� I l l� Y 40 0 H•Arrl , ,, ti, of c w Ar�/ /�, iiiii �iiiiiii iiiiiivmMtl YV,�mm'mmm mrvmvrnmmmry�;vrhMrvrvmyu i w.a... ''. ,r'..., .....,...munw.c✓.wa�uumw�,u uuuwmu.,�nwmeenmmmmnnnmuma�m�vw�mmmnmmmmmnnmmnmmmmnvmm�mmmmmmmrmnnrvvmrvnmmrvv 1 f „m Gj rr /Jr ow " r I! a `r s 1t r� MMxgi� IA„ i l/ :;, ,,,,,,an.' � ,:.��i )� i/�,�W��jIYr'�/i%%%%���Pj�;��",', ',< � fifNs✓i��j C�r,r4,,'i? „� 1/i 1 r � 1 12600 NEW SUFFOLK AVENUE, CUTCHOGUE, NY OWNER: NOFO NDS LLC,VITO TANZI 01.06.26 I 0 u /. �I ��y r H✓/?1NJ/hjN i`� I r�' 1/f !If( I /,. l% EMEM III p 11„ ^I�IlW dl II�II�i� IWo��li°II �n{,11(m�ilAll�Al�r��i l I fi III I �p,r �I uu vvvvv m I� I / , I I l uul rr I r u i 2 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? -Yes X No B. Are there any proposals to change or alter land contours? X No Yes,-please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? 'No 2.)Are those areas shown on the survey submitted with this application? 3.)Is the property bulk headed between the wetlands area and the upland building area? 4.)If your property,contains wetlands or pond areas,have you contacted the Office of the Board of Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the 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? No E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. 9 N F. Do you have any construction taking place at this time concerning your premises. o G. If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: ,cater of occupancyfor thesubjzct H. Please,attach all prew-cCrtificates of occupancy ndcertifl vd% ?,am, y an ullildt"',Ing Depa�r "d pre mises. it any are lacking,please apply to the B, trnell.,t to,el ner,obtain tl em. or to obtain an Amended Notice of Disapproval. I. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes,please label the proximity of your lands on your survey. J. Please list present use or operations conducted at this parcel Existing Single Family and the proposed use Same with argent in detache K. (example--existing single family,proposed- same with garage,pool or other) Authori 'nature,and e July 2023 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: 'his form must be completed by the applicant far any special use permit,site plan approval,use variance,area variance or subifivision approval on PtWeM,, it in,ag.ygri ultural district OR,svith,in,500&et o,L'a-,,j(arm,op d eration Iogamin an,qgfi l c"Itura ��s-i�rict All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant* NOFO ND S LLC,Vito Tanzi,Member 2. Address of Applicantu; 12600 New Suffolk Avenue, Cutchogue, NY 11935 3. Name of Land Owner(if other than Applicant):. 4. Address of Land Owner: 5. Description of Proposed Project: Apartment in accessory building 6. Location of Property: (Road and Tax map nuinber), New Suffolk Avenue 1000-116.-06-13 7. Is the parcel within 500 feet of a farm operation? Yes kj No 8. Is this parcel actively farmed? { I Yes X I No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from. the Town Assessor's Office(765-1937). NA X ME and AMR .......... 2............ 3. 4. 5. .... ...... 6. (Please use the back of this page if there are additional property owners) K4"14,11 10 Date Sign,at��", f Applicl� The Suffolk County Tax Map numbers may be obtained in advance when requested from the office of the Zoning Board of Appeals at 631-765-1809. Note- 1.The local Board will solicit cominents from the owners of land identified above in order to consider the effect of the proposed action on their fann operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. .1.Co "es of the completed Agricultural.Data tit ra en.t s ail be sent by applicant to the property owners P1 identified above. The cost for,mailin,g shall be paid,by the.Applica tt at thetime they application is submitted for review. July 202') i 617.20 Appendix.B Short Environmental Assessment Farm Ins,trug.lions for f Part I-Project Information. The applicant or project sponsor is responsible fort the completion of Part 1. Responses become part of t e 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 passible based can current information. Complete all items in Part 1_ You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part I-Project and Sponsor Information Name of Action or Project: 12600 New Suffolk Avenue Accessary Apartment Project Location(describe,and attach a location map): i 12600 New Suffolk Avenuen, Cutchogue, NY 11935 Brief Description of Proposed Action: Accessary apartment on second floor of existing accessary building Name of Applicant or Sponsor: Telephone: 631-334-9205 Gary Steinfeld, West Creek Builders E-:Mail:gary a westereekbuilders.com Address: 85 Grathowl load City/PO: State: Zip Code;. New Suffolk NY 11956 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, S 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 d 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 YIES If Yes,list agency(s)name and permit or approval: X Town of Southold Building Deparment permit. SCDHS septic permit .a.Total acreage of the site of the proposed action.? 1.853 acres b.Total acreage to be physically disturbed' 0 acres c.T"otal.acreage(project site and any contiguous properties)awned or controlled the applicant or project sponsor? 1.853 acres 4. Check all 1 d uses that occur on,adjoining and near the proposed action. n Urban Rural(non-agriculture) ❑Industrial ❑Commercial V Residential(suburban) Forest ©Agriculture El Aquatic 0 Other(specify): DParkland i Page 1 of YES 5. Is the proposed action, NO N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES ............. landscape? X J 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,,identify: 8 a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES] If the proposed action will exceed requirements,describe design features and technologies: X 10. Will,the proposed action connect to an existing public/private water supply? NO -YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES.......... If No,describe method for providing wastewater treatment: X ............. 12. a.Does the site contain a structure that is listed on either the State or National Register of fstoric NO YES- Places? X b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X --—-------- b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres- 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply. X]Shoreline 0 Forest 0 Agricultural/grasslands 0 Early mid-successional 0 Wetland 0 Urban X1 Suburban 15.Does the site of the proposed action contain any species of anirrial,or associated habitats,listed NO YES by the State or Federal goverment as threatened or endangered? X 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? N%.X YES If Yes, X a.Will storm water discharges flow to adjacent properties? 10 NO 11 YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe- 13 NO X3 -ES Exi ifi5rg stru, ,:u�re�,�,,,as,k6tters, Page 2 of 4 ........... 18.Does the proposed action include construction or other activities that result in the impoundment of NO FYES water or other liquids(e.g.retention pond,waste lagoon?dam)9 If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO S solid waste management facility? 77 1 If Yes,describe: 20.Has the site of the proposed action or an a4joining 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 '51?. Date- Applicant/sponsor name- S ignature.- 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 matenials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?"" ........... No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing cominunity? ................................ 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)9 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 al ay`? 6. Will the proposed action cause an increase in the use of energy and it falls to incorporate reasontilbiv available encrL ble erie, , rt y conservation or renewa 01 P Or.,W111ties.11 .... -------- 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 small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems.9 11. ill the proposed action create a hazard to environmental resources or human health? Part 3-D'etermination,of sigpiricance. The'Lead Aggenc� i sp(,),,n,,s"il)let,'or'th,eco,,mplet""l'ono,fP,a-,,rit,3. rr,'orevviy y is re, question mi Part 2 that was an:swcre*d"",,,moderate,to large im,pact may occur",or,'iftl1le'rel's 0,,need to explain w�hy aparticular element of the proposed action ji,,iwy or wiII n ot result,in lease colnpllete�Part 3. a significant adversse enviromilentail.impact,p Part 3�,shouldlin sUffic"ient detail,identity ttw impact,including,any ni,,easures ordesiggxi�elements,that Wave been included'by id,or reducermpacts. Part',1 3,should also eXplain,ho,w the lead agency determined that the inipact the prolillect,sj,?onsor to av,ol relay o,r,w.,ilj not bess"gnificailt,Each,potenfial impact should be asssess"ied,considering its,selting,probabi lity of occurrmil&, ,I duration,t'rrC'Ver,%ibI'Iity, ,,geographicsCoPe and n-Ag"nitude. Also consider the potential for short-term,long-term and cumulative impacts. 0 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. El 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 ig-nature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Board of Zo,nI*gg,.,A,np�ea.ls ,A,p jea,tion O"VNER'SAUTHORIZATION (Where the Applicant is not the Owner) 1, Vito Tanzi,,as Member of N0170 NDS�LLC residing at 1-2600,,,,New Suffolk Ave (Print property owner's name) (Mailing Address) Cutchogue, NY 11935 do hereby authorize Ga ry S teinfeld,West Creek Builders (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. By signing this document,the Property Owner understands that pursuant to Chapter 280- 146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1) Year terms. ITIS,THE PROPERTY OWNER"SRESPO INSIBILIT)C TO ENSURE', COMPLIANCE WITH THE CODE UIRED TIME F:1 RAME DESCRIBED HEREIN". Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals IIffiW. � ate e rs Vito Tanzi, as Member of NOFO NDS LLC (Print Owner's Name) July 2023 APPLICANPOWNER TRANSACTIONAL DISCLOSURE FORM ,officers and emplovees.The V,urpose ],h*,,Town,of sovthold ,�s, ts, . 2 Q n - L'odcqfEth I'les prohibi cooLl`gj�. j w �o' gLigterest,L),n the ag r,! L this formis t o We information which can alert the town of P I f1i "S' 1: to take r LcL of-nterestaodallo J.111, whateve 0 ,ossiblc coil acti2o is necessaa, "to avoidsame. YOUR NAME : Vito Tanzi, as Member of NOFO NE S LLB; (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat' Mooring Other(activity) ZBA Special Exemption Permit Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest. "Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person I Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP 0 o dub fated in te this , Signature _Mom. .......... , ' "o)NO0 NDS LLB Print Name o Tan T Member F wa July 2023 AGENTIREPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM the i,2rto e ose, -est on t ,f town officers and 2Lnp[q�yes.'T ibi on, Southold s ,o'g,of Ethic�,,PLo I The'l*ownoL, C d 1 5 � b��is C flict's of intei p wllatey of this t, ., to orov'ide'l'nfoirriia,t�ionwh"ich gan,alert.the gossiblecopflictsaf interest How'it VS,form , er action is necessq,ULrL6,avoid saMe. RON YOUR NAME : Gary Steinfeld, West Creek Builders iLast name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) ZBA Special Exemption Permit Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship" Includes by blood,marriage,or business interest. "Business 'Interest" means a business, 'including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 26 day of FebruarY 20 26 ..................4e Signature .............................7 Print Name Gary Steinfeld, West Creek Builders July 2023 ET' CREEK PLAN I DESIGN I BUILD March 3, 2026 Southold Town Zoning Board of Appeals ` tires 54375 Main Road, PO Box 1179oW Southold, NY 11971 RE:, SCTM #1000-116-06-13 NOFO NDS LLC, Vito Tanzi 12600 New Suffolk Avenue, Cutchogue, NY 11935 LIAR 10,2026 Application for a Special Exception Permit Accessory Apartment in an Accessory Building Zoning Board i:ippeais Dear Zoning Board of Appeals, Please find enclosed One (1) original and Eight (8) copies of an application package for Special Exemption Permit for an accessory apartment in an accessory building at 12600 New Suffolk Avenue, Cutchogue, NY, SCTM#1 000-116-06-13. The following items are included. The following items are included: 1. ZBA Application & Filing Fee 2. LWRP Consistency Assessment Form 3. Certificates of Occupancy 4. Deed & Limited Liability company Agreement 5. Property Tax Card 6. Owner Affidavit— Property Owner Occupant 7. Utility Bill 8. Owner Affidavit — Apartment Tenant as Family Member 9. Apartment Lease Agreement —Will be Executed upon Apartment Approvals 10.Floor Plans & Site Plan 11.Photographs 12.ZBA Questionnaire, Agricultural Data Statement & Short Form EAF Form 13.Owner Authorization for Agent 14.Transactional Disclosure Forms — Applicant/Owner & Agent An app lication has also been submitted to SCDHS for an I/A septic system to accommodate the proposed apartment. If you require additional information or have any questions, please contact me at 631-334-9205 m or ciarv@westcre uJ1ders.com. Thank you in advance for your assistance. Sincerely, Gary S'einfeld West Creek Builders, LLC Agent for Applicant ------............ ....................... ................... .......... P.O. BOX 256, NEW SUFFOLK, NY 11956 TEL 631.334.9205 LINE MATCH LINE �.� � MI4 FOR PCL NO, SEE SEC,NO. ,m �r 109-04-0483 A a wu 1 Owl. wT � wN" h 4f kill y»w Zif 84 s w o, 51 �p � a � ro71 19A () q, r d` �r 1, gip, I 'TdJ, rh m m, o,r � w ib"• 0° 217 �i 10 wrt Gr � n�'�'IH✓� „dnv r- � „fib-,. 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Nb w N i WrN m 'wi lI t~mom Ira � � W ' », ' C / , V N° A� SEE SEC,NO,1,34 ` lr , d 1 D ! y$r _ 4 V' 1 Ica, L4 -------- ------- r a D- 0 , �3000 SECTION NO C "�U TY F SUFF 7►LK _O NOTICE ►� ,a� 000t�►� ,�� L)I�MRMCT itt0o e Service " ` Mu1AINTe"CE,ALTERATION,.SAFE'OR y 1000 PI V 1 ,F'`rrt�' �' e�c, �DISTRIBUTION OF ANY PORTION OF THE m SOUTHOLD 116 300(A-Wei Ortvc.1'r'ver head..'T 11901 �, SUFFOLK COUNTY TAX MAP I PROHBITECl A -co 1CrC1 tT 2CsU qpp WITHOUT WRITTEN PF}iMl�sS>Ck!OF THE .- 1 tL..,a 0 m �w REAL PROPERTY TAX S97VICE AGENCY t� � Feet a " SU oe „ " °`A , ,� V 3 0 ( CID 1 1 1 the „b M �F " / 1 (M �X iod Y A, tiM'"+MMa d-O&VIV poor 44 4 �v r os . t N , 04 1 SURVEY OF PROPERTY O's SITUATE T . CUTCHOGUE .Iro TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK tt S.C. TAX No. 1000-1 16-06-13 SCALE 1"=30' tt SEPTEMBER 26, 2022 t AREA= 80.729 sq.ft. t (TO TIE LINE) 1.853 aC. t CERTIFIED TO: ZONE ZO NOFO NOS LLC vE DEL FIDELITY NATIONAL TITLE INSURANCE COMPANY 1.NOTES: ZONE INFORMATION TAKEN FROM: fir» FLOOD INSURANCE RATE MAP No.36103CO501H ", oq ZONE VE: COASTAL FLOOD WITH VELOCITY HAZARD(WAVE ACTION); t �ro BASE FLOOD ELEVATIONS DETERMINED ZONE p *: AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN,ZONE X: AREAS OF 0.2%ANNUAL CHANCE FLOOD;AREAS OF 1%ANNUAL CHANCE FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS T14AN :v t 1 SQUARE MILE;AND AREAS PROTECTED BY LEVEES FROM 100—YEAR FLOOD. Z40` t �� \ PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED t � J�J•�•/) FOR SUCH USE BY D A NEW APPROVED AD TED LAND : TITLE ASSOCIATION. d a4ck r.. N.Y.S.LI:r.No.50467 UNAUTHORIZED ALTERATION OR ADDITION TO 71O SURVEY IS A VIOLATION YO OF Nathan Taft Corwin rw SECTION N LA OF THE NEW YOAK STATE l �o in EDUCATION LAW. \r/ COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOWS INKED SEAL OR Land Surveyor ITT EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFlCATIONS INDICATED HEREON SHALL RUN ONLY TO TIE PERSON FOR WHOM THE SURVEY Successor To:Stanley J.Isa �n,Jr.L.S. IS PREPARED,AND ON HIS BEHALF TO THE Joseph A.Ingogm LS. TIRE COMPANY,GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON,AND TO THE ASSIGNEES OF THE LENDING INS I— Titte Surveys—Subdivisions—Site Plans—Construction Layout TURON.CERTIFICATIONS ARE HOT TRANSFERABLE. 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