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HomeMy WebLinkAbout3112North Side M~in Rd., Cutchogue 6/23/83 CA-Use accy. off-street parking area ad- joining %his---premises for this proposed library. o��FFOCK�o - s Southold Town' Board of Appeals 0� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765 180 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3112 Application Dated April 6 , 1983 (Public Hearing held 6/23/83) TO: Mr. William Peters [Appellant (s) ] Cutchogue Free Library Box 935 Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on July 8 , 1983 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New. York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X ] Request for Variance to the Zoning Ordinance -_..-:__.. .. Article ; XI , Section 100-112 (H) [ ] Request for The. public .nearing on this application was held on June 23, 1983. Upon application of CUTCHOGUE FREE LIBRARY, Main Road, Cutchogue, NY for a -Variance to the Zoning Ordinance , Article XI, Section 100-112 (H) for permission to use accessory off-street parking area adjoining th-is- premises for this proposed library.. . Location of Properties : North Side of Main Road, Cutchogue, NY; County Tax Map Parcels No. 1000-102-05- 22 and 23. The board made the following findings and determination: This is an application for a Variance to Article XI, Section 100-112 (H) of the Zoning Code which requires , " . . . accessory parking spaces , open or . enclosed, shall be provided upon the same lot as the use to which they are accessory" ; and also requires , " . . .Such spaces shall. be in the same owner- ship as the use to which they are accessory . . .approved by the Board, binding the owner and his heirs and assigns- to maintain. the requires number of spaces available either throughout the existence of such use to which they are accessory or until such spaces are provided elsewhere. . . . " The parcel presently owned by the library is zoned "B-1. General Busi- ness" and contains an area of 4 , 925 square feet, with 50 ' frontage along Main Road (S.R. 25)' . * *The premises is improved with an existing one-story brick and frame structure containing floor area of approximately 1 ,530 square feet. Under subsequent appeals, No. 3109 and 3110 , the applicant is proposing an addition approximately 2 ,206 square feet. The total floor area proposed by this appeal , Appeal No. 3109 and No. 3110 , is approximately 3,736 square feet. .The lease agreement dated March 14, 1982 between the Cutchogue Free Library and Richard F. Lark authorizes the library to use the paved driveway and parking areas behind the library behind and Mr. Lark' s office until December 31, 1976; and a copy has been submitted for the record. An option to purchase agreement between the same parties dated June 11, 1982 giving the library the right to purchase the areas known as "23A" and "23B" for parking purposes , . increasing the area for- library use by an additional 10 ,462 square feet. A copy of the option to purchase agreement has been submitted for the record. In considering this appeal, the board determines that: (1) the DATED: July 19, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB;4 (rev: 12/81) Page 2 - Appeal No. 3112 - CUTCHOGUE FREE LIBRARY Decision Rendered July 8; 198,E variance is not substantial; „(.2)"'ythe cir,cLstances Herein are unique and the practical difficulties have been shown; a(3) by allowing the variance , no substantial detriment to adjoining properties would be created; (4) the difficulty cannot be obviated by a method .fele 11 b be to appellant other than a variance; (5) no adverse effects will produced on available governmental facilities of any increased popu- lation; (6) the relief will be in harmony with and promote the general purposes of zoning; and (7) the interests of justice will be served by allowing the variance, as indicated below. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3112 , application of CUTCHOGUE FREE LIBRARY for a Variance to the Zoning Ordinance, for accessory off- street parking upon premises adjoining this parcel and subject to the agreements .mentioned above, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no easterly side yard reductions; 2. The main entrance/exit is not to be at the east side of the existing building. Location of Property: 28135 Main Road , Cutchogue, NY; .County Tax Tdap Parcel No. 1000-102-05-022. Vote of the Board: Ayes : Messrs . Goehringer , Douglass and Grigonis. (Members Doyen and Sawicki were absent. ) This resolution was unanimously adopted. GERARD P. GO& RINGER- CHAIRMAN July 19, 1983 /' RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE �9/� HOUR Town Clerk, Town. of Southold Four Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., .N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI November 14, 1983 Mr. William B. Peters Cutchogue-New Suffolk Library Box 935 Cutchogue, NY 11935 Re: Your Note .Received 11/14/83 --Dear Mr. Peters: This morning our office received a brief note con- cerning a proposal of the library to locate in Cutchogue on a particular site located along North Street presently containing 2. 3035 acres and .located in the B 1 General Business District. Article VII, Section 100-70 (B) [1] (b) and Article III, Section 100-30 (B) [4] of the Zoning Code permits a library as noted by the attached conditions (a) through (f) [from page 10021 of the Zoning Code] , by Special Exception from the Zoning Board of Appeals and subject to site plan approval from the Planning Board. If the parcel in question is proposed to be subdivided with a minimum of 30, 000 sq. ft. in area and. 150 feet of road frontage, then subdivision or set-off approval is required by the Planning Board. We are enclosing a set of forms for a Special Excep- tion and ask that if you plan to proceed as above noted, please submit your plans to the Building Inspector for verification of the above set of procedures and any other requirement that may be needed under the Building or other codes which the Zoning Board does not have authority. Yours very truly, GERARD P. GOEHRINGER lk CHAIRMAN cc: Building Department Planning Board un Gout hold Town Board MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI April 30 , 1984 Mr. William Peters Library Expansion Chairman Cutchogue-New Suffolk Library Box 935 Cutchogue , NY 11935 Re : Your Letter dated March 24 , 1984 Dear Mr. Peters : Although we have always •tried to be receptive to your requests in the past , our counsel advises us that it is impossible to entertain requests of this type without a formal application and following the legal steps necessary for same ( i .e . public hearing , etc . ) . The filing fee for an application to this department is $50. 00 , and if you would like to prepare a "sketch" in the preliminary phase rather than a survey by an engineer , you may do so . It is our understanding that the Planning Board will also review a "preliminary sketch" and their fee for site plan approval is also $50 . 00 . Please keep us advised . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN cc : Building Department By Linda Kowalski Ta l� Library Board of Trustees President Dr.Susan Rosenstreich + Vice President Robert Shaw n Secretary 4` ,.r�. j,.;z;Zri Helene Kohn $OX R35, CZjCCf20 Z1E,71EiZl O7?f2 11935 '.t"t"s y � t e 3 Treasurer VIN �� 4 S��a"`' William Gardner Members James Corcoran Robert McAll Lawrence Milius Philip Rysko Virginia Suter Library Director Jane Minerva Library Expansion Chairman William Peters The Cutchogue Free Library is actively seeking properties. centrally located in Cutchogue for the location of the new Cutchogue—Eew Suffolk Free. Library. In order to meet the Code Of The Town of Southold, approximately one acre of land i,a required. Attached is a survey of a plot under consideration. C n this plot be subdivided into two equal parcels of greater than one acre each? If so, in your opinion, can er library be located upon either parcel? A telephone call will be adequate response. Bill Peters 734-5989 3T.04,4o"W. b•3575 ac,N.40"15" l W. 1L I Ln T C I Ne w .S.,l fA h { - - I � - it N on. rH •> COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN DIRECTOR OF PLANNING July 29, 1983 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning--.- Commission -are considered to be a matter for local determination. A decision of local determination. should not be construed as either an approval or a disapproval. Applicant Municipal File Number Parkside Heights Co. 2956 North Fork Bank & Trust Company 3029 East End Supply Co. , Inc. . 3080 Cutchogue Free Library 3111 3112. Doug & Karin Constant 3141 1 1 Very truly yours, Lee E. Koppelman Director of Planning by GGN:jk Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY ■ HAUPPAUGE, L. 1., NEW YORK ■ 11788 o Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: xx Variance from the Zoning Code, Article XI , Section 100-112 (H) Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No. : 3112 Applicant: CUTHCOGUE FREE LIBRARY Location of Affected Land: North side of Main Rd. , Cutchogue County Tax Map Item No. : 1000- 102-05-22 and 23. Within 500 feet of : Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) xx State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. was granted COMMENTS: Applicant ;k permission to use accessory off- street parking area ajoining this premises for this-..proposed library. Copies of Town file and related documents enclosed herewith for your review. Dated: July&?$, 1983 Temp. 5acret y, Board of Appeals '0T { Southold Town Board of Appeals ny `;c,�ice• �'���!`' �•} � MAIN ROAD - STATE ROAD 2S SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI July 19, 1983 r Mr. William B. Peters Cutchogue Free Library Box 935 Cutchogue , NY 11935 Re: Appeal No. 3112 (Variance) (Off-Street Parking) Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions , please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802) . Yours very truly, f. GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda F. Kowalski Copy of Decision to Secretary Building Department Planning Board- P^i1]'�"�.'�A� INC,x 0 D 'Sy t�^^y �• "' COLD Td O "At UrS PFj4y K'CO N `Y Southold, N.Y. 11971 HENRY E.RAYNOR,Jr.,Chairman TELEPHONE JAMES WALL 765-1938 BENNETT ORLOWSKI,Jr. GEORGE RITCHIE LATHAM,Jr. WILLIAM F.MULLEN,Jr. June 24 , 1983 Mr. Victor Lessard Building Administrator Southold Town Hall Southold, New York 11971 Re: Cutchogue Library Site Plan Dear Mr. Lessard: The following action was taken by the Southold Town Planning Board, Monday, June 20, 1983 . RESOLVED that the Southold Town Planning Board approve the existing buildin , Cutchogue Free Library, located at Cutchogue, subject to Zoning Board of Appeals approval. ,.. Very truly yours , HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary cc: Zoning Board of Appeals William Peters , Chairman CUTCHOGUE FREE LIBRARY CERTIFICATE OF SPECIAL EXCEPTIQN#3111 TOWN CODE DOES NOT SPECIFY LIBRARY OCCUPANCY AS A PROPER USE IN. A B-1 DISTRICT (EXISTING BUILDING) APPEAL #3112 TOWN CODE STATES THAT PARKING AREA MUS RNST BE OWNED, LIBRARY IS LEASING WITH OPTION TO BUY. THIS OPTION WILL BE EXERCISED WHEN. BUILDII-IG PERI'9IT IS GRANTED BUILDING PERI•IIT (LIBRARY EXPANSION) SPECIAL EXCEPTION: #310g TOWN CODE DOES NOT SPECIFY LIBRARY AS A PROPER USE IN. A B-1 DISTRICT APPEAL #3110 REDUCTION OF EASTERLY SIDE YARD AND FRONT YARD SETBACKS ARE REQUESTED.. THE COVERED WALK AND MAIN ROAD ENTRANCE PORCH ARE REQU* IRED FOR LIBRARY PATRON. SAFETY AND FOR PROPER FUNCTIONING AS A LIBRARY. - MR.. -R. LARK (EAST NEIGHBOR) CONCURS.. SITE PLAN AP.j'ROVED BY PLAN11IN.G BOARD Board of Appeals -� June 1, 1983 Town of Southold Southold Town Board of Appeals Re : Cutchogue Free Library 5j095 Main Road A[mea:l No . 3110 Town. Hall Southold, New York 11971 Att : Gerard P. Goehringer, Chairman J Dear .Mr. Goehringe:r: Attached are minutes of meeting; which will clarify questions raised in Mr. Lark' s memo to you dated May 13, 1983. Mr. Lark withdraws his concerns w th regard to the Cutchogue Fr_ ee Libra.r_y ,a peal No. 3110. - Mr. Peters agrees that no additional la is required of Mr. Lark other than .that presently contracted for in the lease with option to buy agreement which presently exists between Mr. Lark and the Cutchogue Free Library. Very truly yours, William Peters Rich•,"•ri. La,r i Attachment -' Minutes of Meeting - May 31, 1983 Appeals TOIWR 0f SOuth01Purpose : Resolve: Mr. Richard Lr�rk' s concern.^ with reard to the Cutchogue Free Library Appeal No . 3110, Request for Variance of Yard Setbacks, as expressed in his memo to Mr. Goehringer dated May 13, 1983. Location and time : Mr. Richard Lark' s ,office, Main Road, Cutchogue, New York. May 319 1983 10: 30 A.M. Attendee: : Mr. Richard Lark Mr. Fred Bentel, Architect, Bentel and Bentel Ms . Jane Minerva, Director, Cutchogue Free Library Mr. William Peters, Chairman, Cutchogue-New Suffolk— Library ?xpansion 1. Front ,yard setback reduction from 19 . 6 ft. to 15. 3 ft. Mr. 'Fred Bentel .(in summary) This setback reduction is being requested in order to provide a window into the library integrated with a roofed- over entrance . Th, s will improve the appearances of the front of the existing building, provide a welcoming view into the interior of the library, act as a street entrance in conjunction with the covered walk, and act as a funnel to steer library patrons to this covered walkway, keeping; them from using the common driveway as an entrance. Resolution - Mr. Lark understands the purpose of the front n y/ 2._ard setback /�reduction and con/clirs with ffits funct`.io�n VVVV"`555✓✓✓✓ v :east side yard setback reduction from 7 .Ei ft. to 1.8 ft. Mr. Fred :Bentel (in summary The reduction in setback is required to provide for a covered walkway leading library patrons from the street and from the rear parking area to the library entrance . Library design dictates that tl;ere be a single control area in the library from wri.ch all public areas of the library and the entrance-exit are visible . The control area and the entrance- exit should be in close proximity. Since patrons will be Mlinutes of Meeting May 31, 1983 Purpose : Resolve Mr. Richard Lark' s concern^ with regard to the Cutchogue Free Library Appeal No. .3110, Request for Variance of Yard Setbacks , as expressed in his memo to Mr. Goehringer dated May 13, 1983. Location and time : Mr—Richard Lark' s .office, Main Road, Cutchogue, New York. May 31, 1983 10: 30 A.M. Attendees : Mr. Richard Lark I - Mr. Fred Bentel, Architect, Bentel and Bentel Ms . Jane Minerva, Director, Cutchogue Free Library Mr. `Jilliam Peters , Chairman, Cutchogue-New Suffolk-- Library Expansion 1. Front ,yard setback reduction from 19. 6 ft. to 15 . 3 ft. Mr. 'Fred Bentel (in summary) This setback reduction is being, requested in order to provide a window into the library integrated with a roofed- over entrance . This will improve the appearanc:: of the front of the existing building, provide a welcoming view into the interior of the library, act as a street entrance in conjunction with the covered %,valk, and act as a funnel to steer library patrons to this covered walkway, keeping them from using the common driveway as an entrance . Resolution - Mr'. Lark understands the purpose of the front yard setback reduction and goncizrs with its function 2. past side yard setback reduction from 7 .8) ft. to 1.8 ft. Mr. Fred Bentel (in summary The reduction in setback is required to provide for a covered walkway leading library patrons from the street and from the rear parking area to the library entrance. Library design dictates that t::ere be a single control area in the library from wF ich all public areas of the- library and the entrance-exit are: visible . The control area and the entrance- exit should be in close proximity. Since patrons will be Library Board of Trustees President Dr.Susan Rosenstreich i Vice President Robert Shaw Secretary WX 935, CZLCCF2091,ff'7WZU Zyorfe 11935 Helene Kohn Treasurer William Gardner Members June 13, 1983 James Corcoran Robert McAll PlanningBoard Lawrence Milius Boar Philip Rysko Town of Southold Virginia Suter Southold Town Hall Library Director Southold, New York 11971 Jane Minerva Library Expansion Chairman Sirs' William Peters Attached are four (4) copies of a revised site plan for the new Cutchogue Library prepared by Bentel & Bentel, Architects. This revision provides the following added information: new - -- drywell locations , sub-soil COIMDosition, exterior lighting, ground slope, and the existing Lark property cesspool. This additional information was provided by Pr. Richard Lark during a meeting held between I_r. Lark and Cutchogue Library representatives on 1-:ay 31, 1983 at 9: 30 A.!;!. The original purpose of this meeting was to clarify questions .raised b'y I•r. Lark in his memo to the Appeals Board dated I,iay 139 1983. The Cutchogue Library believes that the questions raised by T,,r. Lark have been resolved and will transmit same via separate memo. The Cutchogue Library is awaiting a date for a site visit as discussed with 1•:r. Rarnor at an informal meeting on I,-arch 29, 1983, and at a formal 'nearing with the full Planning Board on Nay 16, 1983 at 8: 30 P.1- Very truly yours, William Peters, Library Expansion Chairman Attachment - 4 copies cc : Board of Appeals w/4 copies attachment Richard Lark w/l copy attachment Citizens Advisory Committee Rev.Warren S.Beaven,Parish Minister Rev.Msgr.John F.Cwalina,Our Lady of Virginia McCaffery,Pres.Cutchogue- Cutchogue United Methodist Church Ostrabrama Roman Catholic Church New Suffolk Historical Council Winifred Billard Mrs.George B.Drake Jr. Sarah Moore Jane Blaikie Herbert Fett Jr.M.D.,Pres.Fairway Martha J.Paul John P.Blewett,Pres. Farms Assoc. Jacqueline Penney New Suffolk Civic Assoc. Mrs.Hollis W.Grathwohl William Peters,Pres.Nassau Farms Assoc. Marcus R.Bryan,Pres. Birch Hills Assoc. Louisa Hargrave Elizabeth J.Plimpton Rev.George Borthwick,Cutchogue William F.Heneghan,M.D.Pres. Fleets Edward A.Purcell,Pres.Kimogenor Pt.Corp. Presbyterian Church Neck Property Owners Assoc. Alfred Spiro,M.D.Dir.Dept.of Pediatric Neurology Frederic J.Bruce,Pres.Nassau Point Rev.John P.Henry,Sacred Heart Roman Albert Einstein College of Medicine Property Owners Association Catholic Church Paul Stoutenburgh Marjorie Moore Butterworth James Homan Bonnie S.Towle,Pres.Friends of the Cutchogue Frank Cichanowicz I I I Fred W.Keelin Jr.Chief,Cutchogue Library Gerard M.Conroy,Pres.Broadwaters Fire Dept. Thomas Uhlinger Cove Assoc. Albert J.Krupski Sr. Ronnie Wacker Alistair Cooke Walter F.Luce,Pres.Cutchogue-New Suffolk John Wickham,Member, Long Island Regional '., Thomas S.Cottrell,M.D.,Assoc.Dean, Chamber of Commerce Planning Commission z� School of Medicine,SUNY Stony Brook Library Board of Trustees President Dr.Susan Rosenstreich Vice President Robert Shaw Secretary BOX 935. CZ1ZCCf209t1E,TWW Z_ 01?k 11935 Helene Kohn Treasurer William Gardner Members r James Corcoran Robert McAll Lawrence Milius , Philip Rysko Virginia Suter If ay 9, 1983 Library Director Jane Minerva Planning Board Library Expansion Chairman Town Of SOUthold William Peters Southold, N.Y. Attn.: I,r. I1enry Raynor Dear Mr. Raynor-, Evidently your letter of Flay 4, 1983 and my letter of Yay 5 , 1983 crossed each other in the mail. Your letter does , however, aride some points not previously covered. Attached is a copy of the lease agreement which we presently have with Mr. Lark. In my ihetter of May 5, 1 enclosed our purchase agreement. Ingress and egress is an existing driveway located between the old Court- house building and Mr. Lark. We: are complying with I,r. Larks wishes by not making any changes to the existinc-. library. This is shown by the reviesd Site Development plan submitted with my May 5, 1983 letter. We have an appeal pending with the Board of Appeals for a variance to the fact that we are presently only leasing the parking lot. We will be making structural changes to the courthouse when our building permit is: granted. Very t.ruy ours , AL William Peters , Chairman Cutchogue-New Suffolk Library expansion Citizens Advisory Committee Rev.Warren S.Beaven,Parish Minister Rev.Msgr.John F.Cwalina,Our Lady of Virginia McCaffery,Pres.Cutchogue- Cutchogue United Methodist Church Ostrabrama Roman Catholic Church New Suffolk Historical Council Winifred Billard Mrs.George B.Drake Jr. Sarah Moore Jane Slaikie Herbert Fett Jr.M.D.,Pres.Fairway Martha J.Paul John P. Blewett,Pres. Farms Assoc. Jacqueline Penney New Suffolk Civic Assoc. Mrs.Hollis W.Grathwohl William Peters,Pres.Nassau Farms Assoc. Marcus R.Bryan,Pres, Birch Hills Assoc. Louisa Hargrave Elizabeth J.Plimpton Rev.George Borthwick,Cutchogue William F.Heneghan,M.D.Pres. Fleets Edward A.Purcell,Pres.Kimogenor Pt.Corp. Presbyterian Church Neck Property Owners Assoc. Alfred Spiro,M.D.Dir.Dept.of Pediatric Neurology Frederic J.Bruce,Pres.Nassau Point Rev.John P.Henry,Sacred Heart Roman Albert Einstein College of Medicine Property Owners Association Catholic Church Paul Stoutenburgh Marjorie Moore Butterworth James Homan Bonnie S.Towle,Pres.Friends of the Cutchogue Frank Cichanowicz III Fred W.Kaolin Jr.Chief,Cutchogue Library Gerard M.Conroy,Pres.Broadwaters Fire Dept. Thomas Uhlinger Cove Assoc. Albert J.Krupskl Sr. Ronnie Wacker Alistair Cooke Walter F.Luce,Pres.Cutchogue-New Suffolk John Wickham,Member,Long Island Regional Thomas S.Cottrell,M.D.,Assoc.pean, Chamber of Commerce Planning Commission `` LEASE AGREEMENT ` The parties agree as follows: Date of this Lease. March ��� 19 82 u Parties to this Landlord: RI CHARD F. LARK oasa and addresses: Address for notices: Main Road, .P . 0. Box 973 , Cutchogue, New York 119 3-` You, the Tenant: CUTCHOGUE FREE LIBRARY Address: Main Road, Cutchogue , New York 11935 If there are more than one Landlord or Tenant the words "Landlord" and "Tenant" used 'in this Lease - includes them. vv Term: 1. Five (5) years: months: beginning: January 1 , 1982 ending: December 31, 19 86 Sr - y. :s �rented: 2. y parking Drivewa and arkin area as outlined in red on the -:attached map of property -surveyed for Richard .F. Lark - by Roderick - == Van Tuyl, P.C._ dated December 6 , 1977. See Schedule A for description which is outlined in red r, on the attached survey for the purpose of parking .for 'the Cutchogue Free Librar c � r� the calendar year 19B2. 3. The yearly rent is 8 600.00 for/ > pay yearly=`���'�":•;.-=='_= Ra�at: . You the Tenant will a this earl Rent Lo the Landlord as follows: $300.00 on March 1,. 1982 and $300.00 on September 1, 1982.; $660. �� Z'' - •��_- for the calendar year 1983 payable as follows: $330.00 on March 3,. 1983 an $330.00 on September 1, 1983; $720.00 for the calendar year 1984'..payable as follows: ' - $360.00 on March 1, 1984 and $360..00 .on September.1,_;:_19B4;.-, 780.0 for the calendar year 1985 payable as follows: $390.00 on P4arch 1; 1985 an $390.00 on September 1, '1985; $840.00 for the calendar year 1986 able as �::• -. -: - :.- ,: ;:- _- y pay =' follows: $420.00 on March l; 198r and $420.0 on Septenioex 1, 1986:.= = `Agmz, nt to Tease 4. Landlord leases the Premises to you, the Tenant, for the Term. You, the Tenant, agree-topay the Rent ='d pay rest: and other charges as required in the Lease. You, the Tenant, agree to do everything required of you in the Lease. Default: 5-'.If you, the Tenant, = - 5:1 fail to pay Rent, or any part of the Rent, ' 5.2 fail .to comply with any other term of this Lease, : 5.3 vacate the premises at any time during the Term, - i - .=: °'' :• then Landlord may re-enter and take possession of the Premises by any lawful means, and remove you, the Tenant and any other person on the Premises and their property, by dispossess proceedings, or by other lawful means, without being liable in any way.3:r -in �Ax- �' ±} j:�r�s.�ira�cdix�x�tima�:b�ct��ba-gt�cca,x��,�htie.�tal�rs;ac�x�ciaao�s*xc�a.^ti�xg U�� Y;�. `��: '{.x.__-- ;�-:_;r: - xn�Dexxd=�xrs�xk�aaxin�k,•a,��;+,�}axd:z3�z�a•bing�acRnex>��:x�T�i�.�t>�c8���7'ry.�,,}��,+.,,�,� 1 j' "' ~ ' *.i-• ' Y mix'ah`�O`iti-i� b,—j thR>LxY&,K d 1&:9A�Ex F.&C bbHx Do x Ytxv.rk x)icaxrhIK�A�x4Stxm'i`2•a� ' st: 2h`CI� d�X:Cffi�il2YOtD{D4v'�xffit1X4CIX4S :�'.�1�1�5 •>:f-'` -'�-,�,-.� _ - -. xeta6A�faam� �arisax��d�aDcd{ot�xapaxxx are�ext�rksmot. Via„ t m Terra: 6. You the Tenant, agree that at the end of the Term you xzll surrender the Premises in as good condition as now, except for ordinary wear and damage by the elements. �T.ti •~ ,occeblorz* �• the place ui the l.an(llord xK),rO 1 .�sxt5t l 1, the parties to the I-ease. aT\ agreement in H,rilin6 s` _ y Changes �. This least can b& _Ilangell only by b the tenant !,.. O that the premises are lease parking area g . It is understood that is and for an off street P that same solely for library P patrons. It is understood y staff and P arkin lot. Landlord reserves for the library public parking r. is not to be used as a P parking area in connection the right 'to use the driveway and p with his law office which is adjacent thereto. , ` agree to procure and keep in effectl ueeic liability policies of 10 , The Tenant covenants and ag ny and during -the term of this lease p insurance protecting the Landlord bl and the TeonPersonsaand all claims for damage resulting from injury remises, sustained by anyone in ancebsha3.lhbedenithe amount of property said policy or Po icies of. insur to Or death of any one not less than $100 , 000 . 00 for•. 000 . 00ury uries to or death of ', person and not less than $500 , 00t of for inj i of persons arising out of the same accidenadTl any number25 , 000 . 00for damage to property e olicies , _ f the amount of not less than $ of l.ici s , such policies may be tarnish ceered drtificatestOfoer suchgp P and the Tenant shall f the Landlord. agrees to be responsible for all In to 11. The Tenant d Portions of the parking surrounding the driveway and the paved P the g same free from potholes and to keep to clean up the keep and on a weekly lass , papers the paved surface cut, broken g parking area and driveway of :all cans, r vide at least two The Tenant shall also p Q bnsible and other debris. patrons and will be resp e cans for use of thinraddition, the Tenant will have _ garbage for all garbage removal. parking area and driveway all the snow and ice remov and expenseed m the p at Tenant' s own cos remises during the The Tenant shall not -assign or sublet p 12 . r the term of this lease. urchase •.a - The parties hereto have entered into an option to p 13 . d agreement of even date heiewit anthistleaseewillhat terminate tenant exercises said oPtrsuant to the terms Of the option on the closing :of title pu and contract of sale and all rents will be adjusted. ,1 y •A SCKEDULE A ALL that certain plot, piece or parcel of land situate, dying and being at Cutchogue, in the Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a concrete monument set at the intersection -= of the northerly line of Main Road with the easterly line of land of the Cutchogue Free Library , from said point of _ . . . beginning running thence along' said land of the Cutchogue Free Library two courses as follows : (1) North 420 15 ` 00" West 100 . 00 feet; thence (2) South 370 47 ' 00" West 50 . 0 feet to land now or formerly of .Samohel; running thence along land .•j` _ last mentioned North 41° 57' 50" West .207 . 92 feet to land of the Mattituck-Cutchogue Union Free School District; running thence along land last mentioned North 46° 28 ' 40" East 123 . 76 feet to land now or formerly of Colgate Design Corporation; running thence along land last mentioned South 48° 45 ' 10" j East 184+ feet to a point formed by the intersection of the easterly boundary line of land of Landlord with the direct extension easterly of the northerly line of land of ' the Cutchogue Free Library; running thence South 37° 47 ' 00" West 87+ feet to a point which is 7+ feet distance from the easterly line of land of the Cutchogue Free Library when measured at right angles thereto; running thence southerly along the - easterly edge of the blacktop driveway a distance of 100+ feet to said northerly line of Main Road; running thence in a westerly direction along said northerly line of Main Road 15+ feet to the point or place of beginning. _ _ .^-.:l'• _�`.mac 3-�-'-�'�"r:= :5= r .. L _, .7, .a•- s! :41'�•-r r� - a •may - Y 'rf c - .1.. S�r'• s�y�^'� . wr 1 _ ' ? ^`. f .57 �w _ � _ - - - _� :cT_ •� -_ �4�.�f K.`"�:nth• •��_.�.,.i• ^-� �S_ _ -+�. �_ __ - .a.- _ - _ •.r- '_�:. "r��T'+�S'��-• - }+ � J [-�l. ,+rre-• -7�� ^.:'?7•f^ra cYt�y s-�w-l� fr=j� r - - _ •.�"-•' -,�-a.�` :� __ _e��:c_e,� - '-. :��-S.1, �!Y_•a"-�..>•,;`�-x_=_- �.a._`.E�.�;�` �^'%�^ •5s �:�a�:.l��cr.L;•�"��..�°s��c�j'.•`,��rel��ile�_�'�.�'�•' ';A�-�_ u!�_�'�•.-'�X." ���:'':'rle��ii,-���`�5 � � ""�k -i----���. :�r�_ _.�. •Y. ��.r L.cti _�,., .�— -L"_-�S-'fir-�i:►,�..� •r'-�_'_" _�'�� -.�'c' 1/ K. 4, ., ..- r .,: '1 j -� ,,r':, ,fri ^>,- ..! - yr•: .ylr:c�;.r.:'1..:,:: .�.tr:.,.:�1:�:�r�,�,.t>*f __. "<r r- - L z. �. Ij•_..F`Y`(�h Y�Srf�� ':. ` - e K q/��v��'rA,4��.. iL ik ini E�ii -}" ;•t:'. _ _ ..,.,y y1".;���. ty3� ��75•FKn' ��� YdJ" .t .. .. � ,�. %�' rl!'�(G,!' LYN k.�pLL'��+�iis��rh vll � ���R - 1.�'.3'`r1 v�w. SIZ tr- bt�' 4 -•,i ,.. .. 1 r Q li,�i. '"yV ..'Xn j' ,�J'1 •' F'�a aYr {"�?lbh:t' •�= > er 2�. � y a- .. x •r wz At .: .. Y. 10. Quiet Landlord agrees that if you, the Tenant pay the rent and are not in default under this Lease, you, the Enjoyment: Tenant may peaceably and quietly have, hold and enjoy the Premises for the Term of this Lease. Signatures: The parties have signed this lease as of the date at the top of the first page. LANDLORD .... i ------•--------•-- -- -_-' . Richard F. a. ... .:. s.. 1... .::� :ram ... ••_ You, the TENANT: WITNESS: CUTCHO.GU:E...FREF- BRA�RY-••-••----------------- By C� c t 'S Library Board of Trustees - ZAPs � President 1� Dr.Susan Rosenstreich Vice President Robert Shaw Secretary WX 935, CZLrCF2091(E,TWW 7y. ORfe 11935 Helene Kohn Treasurer William Gardner Members James Corcoran Robert McAll Lawrence Milius Philip Rysko Virginia Suter Library Director May 5., 1983 Jane Minerva Southold Town PlanningBoard Library Expansion Chairman William Peters , Southold, N.Y. Attn. Mr. Henry Raynor, Chairman Sir.: - - Attached are revised Site Development Plans delineating the following changes: a) Driveway changes have been deleteft. NiZ: Lark. has objected to the driveway as proposed reducing his side yard. lawn. There will. therefore be no: changes ,to the driveway other than repair after ;construction. h) 1Parking lot parking spaces have been added. As indicated in previous. correspondence, the Cutchogue Library has an option to buy the property behind the old courthouse. For your information, enclosed are the pertinent portions of the rider to the Contract of Sale between D-.r Richard Lark and the Cutchogue Library.. We hatfe. a model of the proposed library building. If it will help you visualize our plans, we will be happy to bring it to your next Planning Board meeting. Yours- truly, William Peters Chairman, Library Expansion (734-5989) Citizens Advisory Committee Rev.Warren S.Beaven,Parish Minister Rev.Msgr.John F.Cwalins,Our Lady of Virginia McCaffery,Pres.Cutchogue- Cutchogue United Methodist Church Ostrabrama Roman Catholic Church New Suffolk Historical Council Winifred Billard Mrs.George B.Drake Jr. Sarah Moore Jane Blaikie Herbert Felt Jr.M.D.,Pres.Fairway Martha J.Paul John P. Blewett,Pres. Farms Assoc. Jacqueline Penney New Suffolk Civic Assoc. Mrs.Hollis W.Grathwohl William Peters,Pres.Nassau Farms Assoc. Marcus R Bryan,Pres. Birch Hills Assoc. Louisa Hargrave Elizabeth J.Plimpton Rev.George Borthwick,Cutchogue William F.Heneghan,M.D.Pres. Fleets Edward A.Purcell,Pres.Kimogenor Pt.Corp. Presbyterian Church Neck Property Owners Assoc. Alfred Spiro,M.D.Dir.Dept.of Pediatric Neurology Frederic J. Bruce,Pres.Nassau Point Rev.John P.Henry,Sacred Heart Roman Albert Einstein College of Medicine Property Owners Association Catholic Church Paul Stoutenbu_rgh Marjorie Moore Butterworth James Homan Bonnie S.Towle,Pres.Friends of the Cutchogue Frank Cichanowicz III Fred W.Keel in Jr.Chief,Cutchogue Library Gerard M.Conroy,Pres.Broadwaters Fire Dept. Thomas Uhlinger Cove Assoc. Albert J.Krupskl Sr. Ronnie Wacker Alistair Cooke Walter F. Luce,Pres.Cutchogue-New Suffolk John Wickham,Member,Long Island Regional Thomas S.Cottrell,M.D.,Assoc.Dean, Chamber of Commerce Planning Commission 1, yr 'i ' OPTION AGREEMENT . between i RICHARD F. LARK and CUTCHOGUE FREE LIBRARY y _ .: ..�.. 1 .. /. �' �• � f 1. i'A;;1;'t•,yr•. may,. +. Yr • ;RICHARD F. LARK i ;t. •t.y,.. ArrORHrY AT LAW i• �, a ::� � fit•' '•�+.= rr .k: {:. t.- .."•,;'' j,a.r } ,,;..' ,•. .noYu4)t :.�'a:,•,Y1 -MAINROAD P.Ot tiOX 979 ;'�• , 'S i _ ,� ,.., ,+ ':; .;£;• , •+. •I! ,t bti;, ..r: .1 pir;.:_� .+:Cat: 'iDa.�v-1-1" Fr � •,� �, a�a} .It: HfQ- ;}{. .�-A:.�;1 , �r.•.<s. ��.Sl` �:r r••;r .La.. }, ,1* :�� MO V ...T• 4.. f',fl: :a. •i �' .'k,' }"vY rr .r•. ,- ,'re •�, .:� ,..�{�I;nS .4 e. 6y1RMf;XQRI�1t1�. .�,�, _ :,y,r � .� .uuia:. •:+r..?.:.�5 � .�.. -,• s ,'�-!r:r:'� •�.k:''� .���: �f: �' :•i� '4%C +( ,..:.?U[.^`i:S•4•.. �. .r�"C-"s.r�,-t,. ^.'ir' r �x.'- _i.y.. r ':�'�� .:i E.JJ°c:r 7^ 'if: :.t'a'•.9r: s. a ..rr,: _- r.� 'r.—a .•ir' � "i T, ,r aS. .+ i - ;.rfpY. "�`• - �'�r.J:7 3: r... .Ry-"-. •:r. i-� i. 4 •1'.. 7.. 'r1'•.{. �LL:t.:a}.. .,.,1•'i'• .:�., .ry'�. 'k a (�''' _a .7't',-., ..'>k=: .r: 7 s "r,. �:4r: erg T .•�"i .�' :lr'•�'a •.E.:.. i �r• �c_' -f. ..tth+���1i ;,Yi• _ ,IJ .�. 'I L - - .f•,;7 t' �} r re. •^ a A.. p •5. err �•J i - :e5;° 1•.:1•�r, r.,. i•,�r'.: „er sn`....e< '`W L. -''�_f A•.. _�Jri :o- t . . �, .�.. .�...... . .-, �...-,;.�•_..-d^�-r�r .. ... i r,,r......7::, r.::-'a.•1r'.'''1':•r u�t ' ,r.�. - _st.:r _ "./• -cS� �:.L.. -.0 (t' .1:..: :,i�r_:L..�•: :?i.l•.. ....] i....,r t . -� .�•t 4•r Y:. �. 5 .T.. .J.I�,-�- ..;tj'-,�.1�� 'i� t..l� Y�> •:r��:/� `.\, •�"��':t:• J :1. .ems -.s�..:.r �;'1•i'.X- v,i- 1.����'t'. - .. .r• r•... . r. ..(.i .. `A .. .. r r - .. .'�.. r. � .. fit... ''L''.rv'', ,'j°l. .. ,rT,'. . _ THIS AGREEMENT made the �/� day of 1982 , between RICHARD F . LARK, residing at (no #) Birch Lane , Cutchogue , New Yorx� party of the part ,art , and the CUTCIIOGUE FREE LIBRARY , an I' , Educational Corporation with office and principal place of business` at Main Road, Cutchogue , Town of Southold, Suffolk County, New Yor party of the second part. 1 . In consideration of t1lo suln\ o.0 $100 _ 00 paid by the party of the second part .to the party of the first parl_, receipt eThereof is hereby acknowledged, and other good and valuable consideration, the party of the first part grants to the party of the second part, an exclusive option to purchase the premises on the northerly side of Main Road, Cutchogue , New York, more particularly described; in the contract of sale annexed hereto and. made a part hereof as i exhibit l ., which $100. 00 paid bereun der shall be applied towards the purcha' price. ' 2 . The total purchase price of the property subject to this option shall be the sum of $16 , 000 . 00 to be paid by the party of the second part, if this option is exercised as provided in the annexed contract of sale which is attached hereto as Exhibit 1. 3 . This option and all rights and privileges hereunder shall expire on December 31, 1986 at 4 : 00 P .M. 4 . This option is to be exercised by the party of the second part by written notice subscribed by the party of the second part by certified mail , within the time set herein for the exercise of this option along with an executed form of contract (Exhibit 1) together with the down payment of $1, 600 . 00 . 5 . It is recognized between the parties that if this option 11�4 is to be exercised by the party of the second part, then it will have to obtain prior approval of the Planning Board of the Town of Southold for the subdivision of the seller ' s property as proposed G in the annexea contract of sale (Exhibit -1) and the party of the second art shall have the right to f P g file such an application with I, the Southold Town Planning Board. The party of the first part will eXecEt epTn nieg oar ce sar consents or authorizations as may be required .; y 6. In the event that the party of the second part does not exercise this option as herein provided, that said sum of $100 . 00 ; shall be retained by the party of the first part, free of all claim by the party of the second -part and neither party shall have any further rights or claims against the other. 7. In the event the option is exercised as herein provided then the parties hereto respectfully form the obligations as ::seller and purchaser therein. 8 . This option shall not be recorded or filed in any office in which such instrument may be recorded or filed. ' 9. The party of the second part shall not have the right to assign this option. 10. This option is nothing more than an agreement on the part of the party of the first part granting to the party of the second part the right to_ purchase the premises under the conditions , i set forth herein and in no manner creates a partnership or joint ;:venture-between the parties. ' 11. All understandings and agreements heretofore had between the parties are merged in this option which alone fully . and completely expresses their agreement. No change may be made in- this option except by instrument' in writing, duly executed with thet same formalities as this option. IN WITNESS WHEREOF, the parties hereto have signed this agreement the day and year first abo itten. Richard La CUTCHOGU� FREE LIB RYJ { y J COF;SULT YOUR LAWYEI; LEFORE S 4G THIS IHSTRUMEMT—THIS INSTRUMENT ULD 6E USED ICY Lt WYEI'S ONLY, It �.);10TE:. FIRE LQSSFS. This form of contract contains no express provision as to risk of loss by fire or other casualty before delivery of the deed. Unless express provision Is madc, the provisions of Section 5-1 31 1 of the Central Obligations Law will apply. This section also places risk of loss upon purchaser if title or possession is Uansferied prior to closing. THLS AGREEMENT, made the day of nineteen hundred and is BETWEEN RICHARD F . LARK, residing at (no #) Birch Lane, Cutchogue, New York .I %::• ::' ^'= Y IBRARY , an Educational Corporation, hereinafter described as the seller, and CUTCHOGUE FREE with office and principal place of business at Main Road, Cutchogue , New York ' hereinafter described a�'__r+-,r•. as the purchaser, �yI-rTY>=S.SEM, that the seller agrees to sell and convey, and the purchaser agrees to purchase, all that certain plot, piece tim anerarfs,DC:t1xmD1�?;:71GLCC situate, lying and being miax in Cutchogue , 1 or parcel of land, Town of Southold, County of Suffolk and State of New York, described IV - and bounded as follows: V._.: ;r`;.' '� F�VBEGINNING at a concrete ,monument located on the northerly sine of 5�. .,;;;.,• I4'ia'i11' Road (State Route 25) which point is the southwesterly corner o 17J the premises being described herein 'and the southeasterly corner o "+a:..:.. land of the Cutchogue Free Library; running thence North 42° 15 ' 00' West along land of the Cutchogue F-ree Library 100 feet to a nail at � ,. the _northeast corner of land of. the Cutchogue Free Library ; running thence South 46 14 40 East , through other land of Richard F. Lark r ` 99;03 feet to a point located on the northerly side of Main Road .(Sta: 'e Route:-25)'; running thence South 370 47 ' 00" West along the northerly '= -Side of Main Road (State Route 25) 7 . 0 feet to the concrete monument <s.:. r:; at... the point or place of beginning. The aforesaid parcel being triangular in shape and containing r approximately . 345 square feet. r<,._ ,.... `2' .. j:' .`' "'FALL that certain plot, piece or parcel of land, situate, lying and being in Cutchogue, Town of Southold, County of Suffolk and State of rAX MAP New York, described and bounded as follows : SlgNATION Z�* BEGINNING at a point which is the northeasterly corner of land of the Cutchogue Free Library which point is also North 420 15 ' 00" West 02 100 feet from a monument set on the northerly side of -Main Road (State outs 25) ; running thence from said point of beginning south 37° 47 ' 00" = '$ ` - Went ^"•long the northerly side of land of the Cutchogue Free Library 50 . 0 feet to land of Samohel; running thence North 41' 57 ' 50" West along 6!�:_.'/Q said last mentioned land 207 . 92 feet to land of the Matti ' 23 Union Free School District; running thence North 461 28 ' 40" East along said last mentioned land 50 . 0 feet to a point; running thence South 410 30" East through land of Richard F . Lark 200 . 37 feet :to the .point or. place of beginning. The above described parcel contains approximately 10 , 117 square feat.. t_:;� ; 1, rThi: sale includes all right, title and iterest, if any, of the seller to and to anp land lying in the bed of any street, road or •c= _c; _ avenue operud or proposed, in front of or adjoining said premises, to the center line thcrcof, and all right, title and interest of the seller in and to any award made or to be made in lieu thereof and in and to any unpaid award for damage to said 41 's :`. < premises by reason of change of grade of any street; and the seller will execute and deliver to the purchaser, on closing of title, or thereafter, on demand, all proper instruments for the conveyance of such title and the assignment and collection of any such award. I 1` 1 ,---------------=- 0/100 2. The price is SIX N—THOUSAND and 0--------'---- - Dollars, payable as follows: ----------- — ($16 , 000 . 00) -------- ------- ONE THOUSAND SIX HUNDRED and 00/100 ($1 , 602:) ------------------Dollars, try be held in escrow by,sel�er unt l closing pl tip, on the signing of this contract, by c eck su ject to co ect►on, t c receipt of � :.-reby acknowledged ----- _ FOURTEEN THOUSAND FOUR HUNDRED and 00 /10 0 , 4 0 0 . 0 O) — Dollars, in cash or good certified e}icek to the order of the seller on the delivery of thus hereinafter provided; y ��}{� � }{ }kGcz6xax ��r cxr z�ao�nxz sestix txa o scizztrrXM scYlxi �c Min X --'` _ tjs�>e s ril'ii>7fiRt nt�r::1Kk7T{6:G.C�. ..''t.}�2f►X4i �.;r " �_ :•�::.; .. _ -'F.•t% =ems -=-`':5:-�-.- -• xr�1[.urxtlf7d�C }i�CYffii#�. s _ 1;�n ferwriters for mortgages of like lien; and shall be drawn by the attot :the seller at the expense of the pu aq: w%ho shall also pay the mortgage recording tax and recording fees. 4. If such purchase money mortgage.is to be a subordinate mortgage on t6mises it shall provide th shall be subject mortgage off any extensions and subordinate to the lien of the existing - —-- thereof and to any mortgage or consolidated mortgage which may be piion the pre es in Jieu thereof, and to any -- extensions thereof provided (a) that the interest rate thereof shall not be grairan per cent per annum and (b) that, if the principal amount thereof shall exceed the amount of principal and unpaid on said existing mortgage at I to the holder of such purchase money the time of placing such .new mortgage or consolidated mortgage, the e aid a e in reduction of the principal thereof. Such purchase mot morithall also provide that such payment t mortgg ereunder and shaurther- holder thereof shall not alter or affect the regular installme ►f any, oierpal payable th .on demand and v,' ut c provide that the holder thereof will, on there3eecute, acknowledge and deliver. any_agree t men] or agreements further to effectuate such sub or anon. ;d 5. If there be a mortgage on the premises tli er agrees to delver to the p=r at the time of delivery of the deed a proper ^ -— certificate executed and acknowledged -the holder of such.mortgage andan for recording, certifying as to the amount :.'_.'.. of the unpaid principal and inter ereon, date of maturity thereof and r�iiteresl thereon, and the seller shall.pay the fees for recording such der ate. Should the mortgagee be a bank or ot}ntitution as defined in Section -2�4-a, Real Property Law, the gagee may, in lieu of the said certificate, furnish aif}signed by a duly authorized officer, or era- - ployce, or agen ontaining the information required to be set forth in sai�ftcale. Seller represents that such mortgage he deed CTCunderakt er said will not b efault at onion toraccet of leral the delivery or t of to change as hany of th�retermshor provisiong thereof by-reason age. nor any fiof ion tier contains any proves 6. Said premises are sold and are to be conveyed subject to: - a. Zoning regulations and ordinances of the city, town or village ii�i.the premises lie which are not violated by existing structures. b. Consents by the seller or any former owner of premises for the of any structure or structures on, under or above any street or streets on which said premises may abut. llar steps, trim and cornices. if�n any street or highway. C. Encroachments of stoops. areas. ce d. Any state- of facts an accurate survemy show, provided same does not render title unmarketable_ 7. All notes or notices of violations of law nr municipal ordinances, ordermquirements noted in or issued by the Depart- ments of Housing and Buildings. Fire, Labor. Health, or other State or: pal Department hiving be conveyed jurisdiction, against or affecting the premises at the dale hereof, shall be complied with by the�end the premises shayed free of the same, and this provision of this contract shall survive delivery of the des+ri►ncler. The seller shall furnish the purchaser with an authorization to make the necessary searches therefor. AllO.^,r a i/ the Seller The p,°pf.ry the City of .New York (Sections 564-18.0, etc.) prior to the delivery of tries] shall be paid and y 'J^°"" upon the delivery of the deed. This provision shall survive the delivery orfieed 'A`City of remises or a ere a or shall have been affected by an assew N` York. 9. If, at the time of the delivery of the deed• the p . Clowsc 9 is ment or assessments which are or may becom in annual ins►allmeawhich the first installment is then a charge .J"•ll3' purposes of this contract all the un*allments of any such assessment, including ,,..!tied if or lien, or has been paid, th P Po !At Pf°P`fty come due and payable after the delivery of the dead] be deemed to be due and payable and is.oi i> those which - . - - _ Hra•Yo.A. 10. The following are to be apportioned: xxxar�:zscsclxtset>da:xaftXxx�Ssrc I ��� (a) Rents as and when collected. ?� : e7etxXaG3513G]{[X3 `7'�� � �' ,Yi•. a�d�XF._.�.�NtX?' i.. ir,• ti:.,r. of rh,. kx� ti•^'' RIDER TO CONTRACT OF SALE BE'2TgEEN RIC11tiRD F . LARK, SELLER AIND CHOGUE FREE LIBRARY , PURCiASER DATED CUT j 28 . The premises being sold herein is vacant land and 1. 1"urchaser has been leasing same as a cornanon driveway and parking area and represents that it it thoroughly familiar. with the 11condition thereof and that no representations or warranties with i1respect to same have been made by or on behalf of the seller and that it is purchasing the premises strictly in an "as is" 1 qi condit ion. 29 . The premises being sold herein are outlined in red on the; {attached Map of Property surveyed for Richard F. Lark dated i ijDecember 6 , 1977 by Roderick Van Tuyl , P .C. which is attached 'hereto as Schedule A; and said premises are a portion of a larger ' parcel of land owned by the seller as shown on Schedule 'A. The � 1 ' ;;seller retains an easement over Parcel l being sold herein for +the purpose of a common driveway for access to the blacktop parking iarea in the rear .of seller ' s premises; and further retains an i =ieasement over those portions of Parcel 2 utilized as a parking ; ('area for the purpose of providing off street parking in conjunction' ge thereof the seller i 1with the seller s law office. In exchanrants a concomitant easement to the purchaser over the existing l`gbl-acktop driveway adjacent to Parcel 1 for purposes .of a comnion ; 11driveway for ingress and egress to the parking area .in the rear ari {the premises and further grants the purchaser an .easement over the blacktop area retained by the seller immediately adjacent to i �Par' el 2 and which parking area i;s outlined in blue on Schedule A � M 1lfor the purpose of providing off- street parking for library jipatrons and employees; upon the condition that the purchaser will lformal not allow same to be used as a general parking area. A jieasement agreement in recordable forra containing metes and bo��nds s pescription of the common driveway and respective parking areas * will be executed at the closing oftitle, which casement agreement wi�l not affect the librar.y expansion plans. r all responsible fo j � - 30. The purchaser agrees to be �' s of the narking imalntenance to the driveway and the paved portion Ifarea and to keep same free from potholes and to keep the grass 1surrounding the paved surface cut ona regular _ basis . In addition t . ,`purchaser. is. responsible for the cleanliness of the parking area It driveway and agrees to remove all cans , bottles , broken glass , 11 papers and other debris . For that purpose the purchaser will liprovide suitable refuse containers and will be responsible for liempty,t_g same. In addition purchaser x;ill be responsible for iihaving all snow and ice removed from the common driveway and pavec: � (parking area. This clause shall survive delivery of the deed. i 3i. It is understood by the seller that the purchaser intends; {to construct an addition to the library on the northerly portion 1 iiof its premises and part of t__ie premises being sold herein. The +:purchaser agrees at the termination of the construction to repair or 'resurface the common driveway and parking area with a . suitable liblacktop surface. This clause shall survive delivery of the deed. 32 . 'Phe i�c�rties ac,.rec to p.r0cnY"P �.nd keen in effect puhlic { } 1 (liability policyes of insurance protecting each of the parties ' from any and all claims for damage resulting from injury to 1from n:; and property sustained by anyone in connection with the 1perso,use of the common driveway and parking area. Saia policy or 11policies shall be in an amount of not less than '100 , 000. 00 for f . or death to any one person any not less than $500 , 000 . 00 11injury ifor injuries or death to any number of persons arising out of the !isame accident and the amount of not less than $25 , 000 - 00 for �idamage to property. "'his clause shall survive delivery of the deed {� 4 i, ' l..c��:•a..;.:4-��yi�.a•':•u xs �.;^�'7= TF�LA:�;-L'- Dy^'y:A c,+!iH++t l' wA4�. ` �:rL_���' - �'c��.:r_„ :a::zX:�'"``'t,. e.,�-_^ �, _:..� i �I Nx. _ ,3Y:�• i' >`^i'�.•rarr_• _ '•t ?'7��y'��• � may.;- �i•"��.--:�_._+��, _ a..r ic:,`�F� xri�a� `c�'4 _ �=,c"},.�.�`;.:.•.,v_'y._.-c>.,.Y. ...,.'L. , ,<.- •.. ` .� s. _ '"�'-��'si"`a� R •r. 11 RIDER TO CONTRACT OF -SALE BETWEEN RICHARD F. LA ma's rCUTCHOGUE F LARK, SELLER AND ;ti: , •• a FREE LIBRARY, PURCHASER DATED �_�� • .�;�f•�. ,.��. PAGE 2 ,;ram{ 4_•:j ri?°�`- n 'the event -either- . .. her party desires to sell premises. + Kr ,z,,r they own as depicted on S ` to making of an A herein the party 'shall prior y offer purchase to a third °f' sale 'or the acce tance of any offer of ,. P party cause a writte the othern notice to be given to + �.•K, ` the Party of such offer tin _ third party by whom or t g the name and address of rice o whom the offer P named in the Offer, d was ma d e f e r a the made and t h e :J,.Y f: 4: offer and the n terms and conditions :of' :said O days Party receiving the noticeat s after receipt of same elect to the th Y any -time within upon e same terms P property and conditions �• °"��' = by as stated >;E,r.K;�r;•„ executing a w in the notice ,:y: q written contract to u ce e sale. Purchase the property office for This clause shall survive •,� `'�,�,�.- �-,{�r .a : ve delivery of the deed. • Richard F. Lark CUTCHOGUE FREE LIBRARY �'' �-: •i-;r, r cam'_::: By .. .Zia_.• :9'_. -_ - , d' .`:'. +fit:'•" p.?,'_a- ,�'Y"'Z,�+'.� r-_� _ •_'.-)`,'.-:�•:' A�Syct-.�y _ _ -o'�i� ,.� �.-�>�•'1:_� pia{ - !��,,:: .� �Y G �' .e. ��c.'' �w_'r,-_�:4..'' d-`"_..Y-�'�_., 'L:.�-�,.`..:�,',�,�.. r-�+!--'{'K''-�.``,t=`�,.�,�,•�"!'k'F'����-Y>'•�`�� - � '7t,� `-,r m''-n{=-ryc:'!3. - {• . a.- ? �. ? 1.;,�:., �o w->:.r' ';+1Y. _s:tM•i• •�'r j�..^—tr°�_i.�...o�..�i 1 � .�%.- _wj l�..J"S'� _ :�-: -K-��.�� �"r.T.,_...6.� �,-,:... �N t� �j,�-.ram f'•!�:•_� �_. i, _=G �= �A_ r"'ri..- _ -;•� ^,T.'�.--.'���::;:;;�.�t-:��•: -� :-`f=--�';:Y-_`.i.^_.•:k',4:�_._ r�.:[�..� -'T?.-'�,4=m-�+ - �.-�i.._-�;--�a�:- -- :�-' -r' -"s:- 1--- _ -!-_`.'=.1�-:.•'r�!.?tvf+'S^ .:`i:.� s per:'�;K+,'..}�.-4�+{''.'�'.:--4,+` - �t 2 - •,; �.c .-��:"<xi �� '_'r-.�;,p_' �:1� - -_ _' _ _ 77 .tip - - - >�r' •;.�'•^ - _- - ... _ '- - - - - _ - _ _ - II _ - - l,. _ I ,t 73--7G 50.0 NIL - � !j... _ s _ •.�v':-E"'�:Y`�•y„- ..3r _-.e,•ac�•3►.Y-a__ S<"•ra�,. ��.' ram" -�n•.�-ys�' -�-> __: :- -. �+ ! c ,_--.....arrsn ;, ��-._F•-a _�a ���-,'Y.-•~•-_,-�• '�'�- „�.�s� a��'�K -- S --a ••-.'�y�;,�. �,r-r".�..�-�•�c •$ .�.?r _.._�7 _ �-a � {�-��"�-�Y: � :.�-x� _-�>e,, 'F'c�'-xt��. �r� �^x• ;-."�- ��acT-�-�+��.,. _ { j.._�? r �s-�Y 'c'•'..u.; L Gi #s'i••d,'kse'� y 'x`.' " -x� � ti,., --�`'�-'u'F -.ram t �, y�••;:�-•-,r•-•^-• ;r,- i 1'� •,. �-^ .f lac _ � �-;. "� �-•s �� x� � �x�9: ��o-`;: �c'�Y•? � A • 7� ' - •- i - - -�--'J�-` __Jam- __ •• • ........S.i.t: •.L:" SR: I. I r I.,I- iti t V- .1J 19%1.,�.:..%!J I•r..1w? day of 0 19 before me On the day r� 19 , before me Jsonaliy c ;z personally came to me known to be the individual described in and who executed to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that the foregoing instrument, and acknowledged thai executed the same., executed the same. STATE OiF r ...AV 2'r RK. COUNTY OF ss: STATE OF NEW YORK, COUNTY OF On the day of 19 before me On the day of 19 before me}j '. personally ctAri,a personally came , to me known, who, bring by me duly sworn, did depose and say to me known and known to me to be a partner in that he resides at No. - a partnership, and known to me to be,the person described 1ts_andrl ii:•' he is the who executed the foregoing instrument in the partnership name, and- said the corporation described acknowledged that he executed the foregoing instrument for and in and which executed the foregoing instrument; that he knows on behalf of said partnership. . the teal of said corporation; that the ::cal affix(.-d to said instrument is such corporate seal;.that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. Closing of title under the within contract is hereby adjourned to 19 at o'clock, at title to be closed and all adjustments to m:=.c1e as of 19 r. Dated. 19 For value received, the-within contract'and all the right, title and interest•of-the purcha.ser.thercunder_mr.her_by nss�-ond. transferred and set over unto and said assignee hereby assum..s all oblitsations of the purchaser thereunder. Y Dated, 19 ..._-._.................... ..._................. .............................. Assisnec o; Purc;'._xer - trt ?art rti n PREMISES - �c+ei�i ar! a )��0 E c tiI:CTI(1N TtrLE No: 111.00K —— — LOT COUNTY OR TOWN _.. STREET ADDRESS TO TAX BILLING ADDRESS Recorded Al Request of The Title Guaranlea Company RETURN BY MAIL TO: •.- =-. Ditrribeud by '�; y�r TITLE GUARANTEE- .� [_E ts; NEWYORK ATIcoR COMPANY Zip No. fT'(e SELLER should bring with him all insurance policies and duplicates, receirrtrd bills for taxes, a-:tasments an( :-rater rates, and any Ic_.-es, decjs or agiccinenls affecting the proper:y. ; iVhen there is a -• ater meter on the premises, lie should order it read, and bring bills therefor to the closii If there are mortgages on the property, he should piomptly arrai;ge to obtain the evidence required under Paragraph S of this contract. He should furnish to the purchaser a full list of icnants, giving ;he names, rent paid by each, and date to which the ten' has been i>aid. The PURCHASER should be prepared with cash or certified check drawn to the order of the seller. The check ins.. r—' be certified for an approxi�.,-- amount and cash may be provided fot the F,'_ cc of the settlement. _ The SuffO&TiijL Road,Southold,New York,;on No 1000-139 01=019 STATE OF NEW YORK ) 'I;HURSDAY JET.. 23. 1�83 ; `'`-`:8:26 p•m• Application of. ) SS: commencing at'l:ju pa rr dffd" DOUG AND KARIe CON,': COUNTY OFSUFFOLK ) as follows: _ .i rs:. ._,STANT, 555 Village Lane,' 7:30 p.m. Recessed Hear-. :,Orient, NY for a nceVar,'A title* ings: Appeals No. 3126 and the Zoning or, ;Article 312: JACK LEVIN. Variance III, Section' 100-31 .-for Karen Jean Rysko of Green for two-family :::dwelling permission "-to corstruct status. South Side of C.R. 4$, addition to dwelling with an said County, being duly sworn,says that bE insufficient rearyard setback; Princi al Clerk of THE SUFFOLK TIMES,a enport., . ; ,;. L: Orient P 7:.35 p.m.,Application o at 555 Village Lane; , HANS H. RIEGEft, 37 :• NY; County Tax Map parcel Newspaper, published at Greenport, in th ::. harbor Road,Orient,NY for a :-,' No.1000 25-2-5:1.~" `'•!` :`_f 8:25, p.m: Application of, of Southold, County of Suffolk and State Variance to. .the Zoning York, and that the Notice of which the am Ordinance,Article III,Sectio MRS. GRACE Er KENNE East" 100-32 for permission -.It :;_ ` 020 East."Gillette Drive,East J to e Zoning Ordinance, Article a printed copy, has been regularly publi ''construct accessory garage in " th arion,NY for a Variance the frontyard. area at 370 :... said Newspaper once each week for _ Harbor Road, Orient, NY III, Sections.100-31 and 100-34_ County Tax Map Parcel No. or permission to construct weeks successively, commencing on the_ :31000-027-04-006. ;�J','•,,, � addition (two-car garage) day of June. 19 ''.7:40 p:m. Application' of ' ._;;:with variation to the previous appeal, No. 3067, in the front 'BRUCE AND PATRICIA'-'.a1.and/or sideyard areas at 2020 STEWART, Schoolhouse ' East Gillette Drive, East HELEN N.DE VOE -Road, Cutchogue, NY for a ',•",:; Marion,NY;-County Tax Map PUBLIC,State of New York Variance to the Zoning parcel No:1000-038-03-020.:.,: 767878,Suffelk'County P ci al Clerk Ordinance,Article III,Section _ ,,,;:.g;35.p.m. Application of xprres March 30, 19L� P 100-31 for - ermission to FRANK MESSINA,-Box 368, construct garage addition to. o.. Ronkonkoma, NY for a: 1 6th dwelling with an insufficient .. .::.Variance to the ZoningOrdin- Sworn to before me this sideyard setback. at ..870 19 83 - "Schoolhouse Road,Cutchogue, ante, Article III, Section 100-, day of June " .NY; County Tax Map Parcel _ 32 for permission to,construct, No.1000 102-05-014. swimmingpool in "the :7:45 p.m. Application of "--;-:,frontyard area, "at 4355 PETER AND CALLIOPE PA- . , .'Wunneweta Road, Cutchogue;. PETER AND CALLIOPE C.R. A •NY;-Nassau Point Filed Map,' Lot 222 County Tax Map -�Aqu,,kAik�125A'iVY p farce concern ng the 'above No.1000-102-05-022. 'hearings, please contact :10 p.m. Application o ,p 'Linda Kowalski, Secretary of CUTCHOGUE FREE LI- the Zoning Board of Appeals, BRARY, Main Road 1(i at 765-1809(or 1802). t- Cutchogue,NY for a Variance ATJ16 4276 {`1 to the Zoning Ordinance - --Article XI, Section 100-112(H) _'for permission- .:to •..use accessory off-street parking area adjoining this premises. for this proposed library.. Location of Properties: North side Main Road, Cutchogue, NY; County Tax Map Parcels :a 3+ No.1000-102-05-22 and 23. :AL NOTICE •8:15 p.m: Application for IS:.r FIERE�Y KATHRYN REEVE, by Scott,, irsuant to Section R.Albrecht,West View Drive, Pown Law and the -_ : Mattituck, NY.for a Variance of the Amended to the Zoning Ordinance, Town of Southold, Article III, Section 100-32 for Meeting and:the permission: to construct ublic Hearingsyftill accessory building (garage). the Southold Tov!n in the side yard area; at 055 Appeal;� � - Cown H LEGAL NOTICE NOTICE IS HERESY ' GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, ��► a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at ..the Southold Town Hall, Main NOTICE IS HEREBY GIV- COUNTY OF SUFFOLK EN,pursuant to Section 267 of STATE OF NEW YORK ss the Town Law and the Pro-• : ; visions of the Amended Code I of the Town of Southold,'a Regular Meeting and the following Public Hearings will Patricia Wood, being duly sworn, says that she is the be held by the Southold Town Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Board of Appeals at the Southold Town Hall, Main a public newspaper printed at Southold, in Suffolk County; Road, Southold,New York, on and that the notice of which the annexed is a printed copy, THURSDAY, JUNE 23, 1983 commencing at . an has been published in said Long Island Traveler-Watch- as follows: man once each week for ......................................weeks NZ5735 Main Road, Cutchogue, successively, commencing on the ............�....�.............. N.Y.; County Tax Map Parcel- No, 1000-102-05-022. d ... ...................... 19........ ay �3 :10 p.m, Application""".of ��� i CUTCHOGUE FREE BRARY,. Main 'Cut- 1 .. .. i Road, hogue,N.Y.for a Variance to e Zoning Ordinance, Article XI,Section 100-112(H)for per-. mission to use accessory Off street parking area ad•oinin o this premises for this propose f Sworn to before me this L ' ................................ day of library.o ation of Properties: a S North Main Road, Cut- .............. 19........ chogue, MY,;` County Taa Map Parcels No, 1000-102-05. ' 22 and 23. . = 8:15 p.m. Application' for KATHRYN REEVE, by Scott R.Albrecht, West View Drive, ..........�0_ . ..... .... .....................Mattituck,N.Y,for a Variance Public to the Zoning Ordinance, Article III, Section 100-32 for permission to construct ac_cessory building (garage) in '.``)''.i;f 'tt ;C the side yard area,at 855 West View Drive, N.Y.; :.. � Dri Mattituck N.Y• County Tax Map Parcel No: . J�l 1000-139-01-019:,.:;..- -; 8:20 p-m:; Application' of - -- AOUG. AND KARIN . CON�� STANT, 555;: Village•_•Lane, •. Orient, N.Y.for a Variance to the Zoning Ordinance, Article III, Section 100-31; for• per- ` mission to constrict addition to dwelling with 'an insu€- ficient rearyard setback,, at' 555 Village . Lane, Orient, j N.Y.; County Tax Map Parcel i No. 1000-25-2-5.L .8:25 p.m: Application of —r 3 MRS. GRACE E..KENNEY, 2020 East Gillette Drive, East Marion, N,.Y.for a Variance to the Zoning Ordinance, Article III;Sections 100-31 and 100-34 for permission`to. construct addition{two-car."garage)with• variation to the:previous ap- peal, No. 3067, is the front And/or sideyard areas at 20201c�( East Gillette Drive, East Mar- ion, N.Y.; County Tax Map Parcel;No.. 1000;03&03-Q20.; 8:35 p.m ..,Application of FRANK MESSINA,,Boa 368, Ronkonkoma, N.Y. for a'.Var= iance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct swim- mingpool in .the frontyard area, at 435S Wunneweta Road, Cutchogue,'N.Y.; Nas- sau Point Filed Map, Lot 222; County Tax Map Parcel No. 1000-111-012-006&007. (Wil- liam B. Smith,.agent). . 8:45 p.m. Application for DAYSMAN MORRIS, by Ru- dolph H. Bruer, Esq., Main -- Road, Southold, N.Y. for a Variance to the Zoning Ordin- ance Article VI, Section 100- 60(A) & (B)to store materials in the open area upon this parcel, zoned B-Light Busi- ness.Location of Property:405 Kirwin Boulevard, Greenport, N.Y.: Countv Tax Man Parcel a; Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 S❑UTH❑LD, L.I„ N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall , Main Road, Southold, New York, on THURSDAY, JUNE 23 , 1983 commencing at 7 : 30 p.m, and as follows : 7 : 30 p.m. Recessed Hearings: Appeals No. 3126 and 3125. JACK LEVIN. Variance for two-family dwelling status. South Side of C.R. 48 , Greenport. 7 : 35 p.m. Application of HANS H. RIEGER, 370 Harbor Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 C.-ae ..v.-Aty T'1111 J.. for permission to construct�in the rJfrontyard area at 370 Harbor Road, Orient, NY; County Tax Map Parcel No. 1000-027-04-006 . . 7 :40 p.m, Application of BRUCE AND PATRICIA STEWART, School- house Road , Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct garage addition to dwelling with an insufficient sideyard setback at 870 Schoolhouse Road, Cutchogue, NY; County Tax .Map Parcel No. 1000-102-05-014. 7 :45 p.m. Application of PETER AND CALLIOPE PAPANTONIOU, 55370 C.R. 48 , Southold, NY for a .Variance to the Zoning Ordinance , Article III, Section 100-32 for permission to increase size of existing garage which is located in the sideyard .area, at. 55370 C.R. 48 , Southold, NY; County Tax Map Parcel No. 1000-052-03-026 . 7 :50 p.m. Application of RICHARD AND DONNALEE RELYEA, 1060 Foxhollow Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building (horse barn) in the frontyard area of premises known as 1060 Foxhollow Road, Mattituck, NY; County Tax Map Parcel No. 1000- 113-006-023. 7 :55 p.m. Application of ALFRED J. TERP, 1435 Hobart Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Page 2-Legal Notice of Hearings Southold Town Zoning Board of Appeals Regular Meeting of June 23 , 1983 Sections 100-31 , 100-34 , for permission to construct bathroom addi- tion to dwelling leaving an insufficient sideyard setback, at 1435 Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-064-002-012. 8 :00 p.m. Application of CUTCHOGUE FREE LIBRARY, Main. Road , Cutchogue, NY for a Special Exception to the Zoning Ordinance , Article ' II, Section 100-70 (B) [1] to establish library use in the existing building in this B-1 District, at 28735 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-022. 8 :10 p.m. Application of CUTCHOGUE FREE LIBRARY, Main Road, Cutchogue, NY for a Variance. to the Zoning Ordinance, Article XI, Section 100-112 (H) for permission to use accessory off-street park- ing area adjoining this premises for this proposed library. Loca-. tion of Properties: North side Main Road, Cutchogue , NY; County Tax Map Parcels No. 1000-102-05-22 and 23. 8: 15 p.m. Application for KATHRYN REEVE, by Scott R. Albrecht, West View Drive, Mattituck, NY for a Variance to the Zoning Ordi- nance, Article III, -Section 100-32 for permission to construct accessory building (garage) in the side yard area, .at 855 West View Drive, Mattituck, NY; County Tax Map Parcel No. 1000-139-01-019. 8 :20 p.m. Application of DOUG AND KARIN CONSTANT, 555 Village Lane, Orient, NY for a .Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient rearyard setback, at 555 Village Lane , Orient, NY; County Tax Map Parcel No. 1000-25-2-5 . 1. 8: 25 p.m. Application of MRS. GRACE E. KENNEY. 2020 East Gillette Drive, East Marion, NY for a Variance to the Zoning Ordi- nance , Article III, Sections 100-31 and 100-34 for permission to construct addition (two-car garage) with variation to the previous appeal, No. 3067 , in the front and/or sideyard areas at 2020 East Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000- 038-03-020. 8 : 35 p.m. Application of FRANK MESSINA, Box 368 , Ronkonkoma, NY for a Variance to the Zoning Ordinance, Article III , Section 100-32 for permission to construct swi.mmingpool in the frontyard area, at 4355 Wunneweta Road, Cutchogue, NY; Nassau Point Filed Map, Lot 222; County Tax Map Parcel No. 1000-111-012-006 & 007. (William B. Smith , agent) 8 :45 p.m. Application for DAYSMAN MORRIS, by Rudolph H. Bruer, Esq. , Main Road , Southold, NY for a Variancd to the Zoning Ordinance Article VI, Section 100-60 (A) & (B) to store materials in the open Pjige 3 - Legal Notice of Hearings Southold Town Zoning Board of Appeals Regular Meeting of June 23, 1983 area upon this parcel, zoned B-Light Business. Location of Property: 405 Kirwin Boulevard, Greenport, NY; County Tax Map Parcel No. 1000-53-02-006. 9:00 p.m. Recessed Hearing; Appeal. No. 3099. Application for DOROTHY REISE/RIAL REALTY CORP. , By Rudolph H. Bruer, Esq. , Main Road, Southold, NY - garage and tennis court on vacant parcel. East Hyatt Road, Southold, NY. 9: 15 p.m. Application for IRENE PAPADAKIS, by Michael J. Hall as attorney, Front Street, Greenport, NY for an Interpretation of "skin care clinic" as a home occupation under Article I, Section 100-13, Definitions. Location of Property: 26165 Main Road, Orient, NY; County Tax Map Parcel No. 1000-018-03-23. Dated: June 10, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS BY GERARD P. GOEHRINGER CHAIRMAN For further information concerning the above hearings,. please contact Linda Kowalski, Secretary of the Zoning Board of Appeals, at 765-1809 (or 1802) . -----------------------------------------------------------------------x INSTRUCTIONS TO NEWSPAPERS: Please publish once, to wit, Thursday, June 16 , 1983, and forward one affidavit of publication to Board of Appeals, Main Road, Southold, NY. -----------------------------------------------------------------------x Copies to the following on or about June 13, 1983: Mr. Jack Levin,, C.R. 48 , Greenport, NY Mr. Hans H. Rieger, 15 Harbour Road, Orient Mr. and Mrs. Bruce Stewart, Schoolhouse Road, Cutchogue Mr. and Mrs. Peter Papantoniou, 55370 C.R. 48 , Southold Mr. and Mrs. Richard Relyea, 1060 Foxhollow. Road, Mattituck Mr. Alfred J. Terp, 1435 Hobart Road (Box 64) , Southold Mr. William Peters, Chairman Cutchogue-.New Suffolk Library, Box 935 , Cutchogue Mr. Scott R. Albrecht, West View Drive, Mattituck Mr. Kenneth Strachan, Builder for Karin and Doug Constant, Hog Pond Rd, Orie Mr. and Mrs. Doug Constant, 555 Village Lane, Orient Mr. and Mrs. Robert Kenney, P.O. Box 392 , East Marion, NY 11939 Mr. William B. Smith, as agent for Frank Messina, 220 .Mechanic St, Southold Mr. Frank Messina, P.O. Box 368 , Ronkonkoma, NY 11779 Rudolph H. Bruer, Esq. , as attorney for Mr. Daysman Morris and Rial Realty Corp. Anthony B. Tohill, Esq. , 6 East Main . Street, Riverhead, NY (Re: Reise) Hal-1 and Hall , Esgs. , Front Street, Greenport RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD.P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 M ay 13 I,983C Beard of AP A .a aIS . Southold Town Board of Appeals Town Of Soubhold 53095 Main Road - Town Hall Southold, New York 11971 ATT: Gerard P. Goehringer, Chairman RE: Cutchogue Free Library Appeal Nos. 3109 , 3110 , 3111, 3112 Dear Mr. Goehringer: I am in receipt of a Notice to Adjoining Property Owner concerning the Cutchogue Free Library' s. Petitions for the above-captioned variances and special exceptions. As you are aware from your inspection of the property, I own the parcel of land on the northeasterly and northwesterly boundaries of the applicant' s property (formerly the Southold Town Justice Court Building) . Since the petitions to the Zoning Board of Appeals are a little ambiguous. and confusing, I thought at the outset it would be' best to give some back- ground to the Board. The Cutchogue Free Library has an option to purchase a seven foot triangular shaped strip on Main Road and a 10,117 square foot rectangular shaped parcel on the northwesterly boundary of their. property from. me. On the exercise of the Option, I will have a joint driveway agreement with the Library for access to the rear as well as granting them as easement to utilize my parking area in the rear of the premises. The purpose of granting the option to the Library was to allow them sufficient land to expand the building to provide a library facility for the community. I am attaching herewith a map of the property showing their proposed acquisition from me outlined in red. I have no objection to .the Cutchogue Free Library' s request for the use of their building as a library (Appeal Nos. 3109 and 3111) . This was the very purpose for which the property was purchased. I also .have no objection to the Library' s re- quest' concerning parking for library purposes (Appeal No. 3112) . The Board is aware the large parking lot in the rear of my premises was previously leased to the Town of Southold 1 Southold Town Board of Appeals May 13, 1983 ATT: Gerard P. Goehringer, Chairman RE: Cutchogue Free Library Page 2 for Justice Court parking purposes. The point being is if it was large enough for the Town of Southold to be used for Justice Court, I think it is large enough for use by the library patrons. However, Appeal No. 3310 , the request for variances for yard setbacks presents a different problem. Nothing can be done with the existing yard setbacks as the building presently exists on the property. However, the Board should not allow any future reductions of the existing front yard. setback of 19 . 6 feet as it will not be in keeping with the character of this neighborhood and is already substantially below the --- present zoning requirements. I strongly object to the Library' s request for a reduction of their easterly side yard requirement. originally when I agreed to sell the property to the Library, their entrance was either going to be on the southerly side of the building fronting on Main Road at the existing entrance or on the northerly side of their building adjacent to the parking lot. Their current site plan provides for the main entrance to be on the easterly side of their building. In order to do this, they have provided a "covered walk" and will need additional property from me for the driveway. I have advised them I will not. sell them any more land nor will I allow them to widen the driveway in an easterly direction on my property. My reasons are simple. I want to maintain a 15 foot side yard from the westerly side of my. building; and their plan for a front entrance fronting on the driveway in my opinion is poor planning. They claim it might be a more efficient use of their building to have the entrance at this location; however, it will be a hazard since library patrons will have to walk from the Main Road or the parking lot to gain access to the building, and will, no doubt, use the driveway for pedestrian use in spite of the provisions for the "covered walk" . Since the "covered walk" will be an addition to the building, it will require a further reduction of the side yard. The applicant Library, has not shown. any practical difficulties for the granting of this side yard variance in that the entrance containing the vestibule can be placed either on the northerly or southerly portion of their building. Since I will not grant them the use of any more of my property, the Library would be well advised to plan for the new addition and entrance elsewhere especially keeping in mind i Southold Town Board of Appeals May 13, 1983 ATT: Gerard P. Goehringer, Chairman RE: Cutchogue Free Library Page 3 the barrier Law (Public Building Law 951) concerning appropri- ate entrances for the use by the handicapped. Therefore, I respectfully request the Southold Town Board of Appeals deny the Cutchogue Free Library' s request for reduced front and side yards. Very tr y yours, 72ichard F. Lar RFL:bc Enclosure cc: William Peters, Chairman Cutchogue-New Suffolk Library Expansion Fund Southold Town Planning Board t r , so.o 73.7G I 1 h t 10 4 fir'7 { i . ' 0 r v NA 7 C iy �i A..0posE Papal. 546 t1 � -7 j a4(t a o -hurt, Library Board of Trustees President Dr.Susan Rosenstreich Vice President Robert Shaw Secretary BOX '135, CZtrCF109M'T?- W Ir f.ol?k 11935 Hielene Kohn Treasurer William Gardner Members James Corcoran Robert McAll Lawrence Milius , Philip Rysko Virginia Suter May 9, 1983 Library Director Jane Minerva Planning Board- Library Expansion Chairman Town of Southold, William Peters Southold, N.Y. Attn.: Mr. F-L'enry Raynor Dear Mr. Raynor-, Evidently your letter of May 4, 1983 and my letter of Play 5, 1983 crossed each other in the mail. Your letter does , however, aride some points not previously covered. Attached is a copy of the lease agreement which we presently have with Mr. Lark. In my ihetter of May 5, 1 enclosed our purchase agreement. Ingress and egress is an existing driveway located between the old. Court- house building and Mr. Lark. - We are complying with Mr. Larks wishes by not making any changes to the existing library. This is shown by the reviesd' Site Levelopment .plan submitted with my May 5, 1983 letter. We have an appeal pending with the Board of Appeals fora variance to the fact that we are presently only leasing the parking lot. We will be making structural .changes to the courthouse when our building permit is-) granted, Very t.ru y ours , William Peters, Chairman Cutchogue-New Suffolk Library expansion Citizens Advisory Committee Rev.Warren S.Beaven,Parish Minister Rev.Msgr.John F.Cwalina,Our Lady of Virginia McCaffery,Pres.Cutchogue- Cutchogue United Methodist Church Ostrabrama Roman Catholic Church New Suffolk Historical Council Winifred Billard Mrs.George B.Drake Jr. Sarah Moore Jane Blaikie Herbert Fett Jr.M.D.,Pros.Fairway Martha J.Paul John P.Blewett,Pres. Farms Assoc. Jacqueline Penney New Suffolk Civic Assoc. Mrs.Hollis W.Grathwohl William Peters,Pres.Nassau Farms Assoc. Marcus R.Bryan,Pres. Birch Hills Assoc. Louisa Hargrave Elizabeth J.Plimpton Rev.George Borthwick,Cutchogue William F.Heneghan,M.D.Pres. Fleets Edward A.Purcell,Pres.Kimogenor Pt.Corp. Presbyterian Church Neck Property Owners Assoc. . Alfred Spiro,M.D.Dir.Dept.of Pediatric Neurology Frederic J.Bruce,Pres.Nassau Point Rev.John P.Henry,Sacred Heart Roman Albert Einstein College of Medicine Property Owners Association Catholic Church Paul Stoutenburgh Marjorie Moore Butterworth James Homan Bonnie S..Towle,Pres.Friends of the Cutchogue Frank Cichanowicz III Fred W.Kaolin Jr.Chief,Cutchogue Library Gerard M.Conroy,Pres.Broadwaters Fire Dept. Thomas Uhlinger Cove Assoc. Albert J.Krupskl Sr. Ronnie Wacker Alistair Cooke Walter F.Luce,Pres.Cutchogue-New Suffolk John Wickham,Member,Long Island Regional Thomas S.Cottrell,M.D.,Assoc.Dean, Chamber of Commerce Planning Commission School of Medicine,SUNY Stony Brook LEASE AGREEMENT p The parties agree as follows: Date of this Lease: March 19 82 . .'� Parties to this Landlord: RICHARD F. LARK J ea"and addresses: Address for notices: Main Road., .P . 0. Box 973 , Cutchogue, New York 11935 You, the Tenant: CUTCHOGUE FREE LIBRARY Address: Main Road, Cutchogue, New York 11935 If there are more than one Landlord or Tenant the words "Landlord" and "Tenant" used in this Lease =}�� includes them. Term: I. Five (5) years: months: beginning: January 1, 1982 ending: December 31 , 19 86 FP p rusted 2. Driveway .and parking area as outlined in red on the­_,attached map of property surveyed for Richard .F. Lark' by Roderick " - �'s `'" Van Tuyl, P.C. dated December 6, 1977. See Schedule A for description which is outlined 'in red on the attached survey for the purpose of parking,;.for "the Y = r� Cutchogue Free Library. the calendar year 1982. -. =': 3. The yearly rent is $ 600.00 for You, the Tenant, will pay this yearly Rent to•the Landlord, as follows: $300.00 on March 1, 1982 and $300.00 on SepterriDer 1,`1982.; $660.( for -the calendar year 1983 payable as follows: $330.00 on March"3;. 19 83 anc $330.00 on September 1, 1983; .$720.00 for the calendar year 1984`..payable as � a: ? - � - ..follows: - - $360.00 on March 1, 1984 and $360.•00 on September.3 i: 198�;' $780:13C `=1,,;_ »v= for the calendar year 1985 payable as follows: $390.00 on P'7arch 1;: 1985 anc __s .. - $390.00 on September 1, '1985; $840.00 for the calendar year 1986 payable as follows: $420.G0 on March l; 198r and $420.03 on September 1, 1986 '.::,• - '' nt to lease 4. Landlord leases the Premises to you, the Tenant, for the Term. You, the Tenant, agree to pay the Rent • ::,�•' :. and s rffit: and other charges as required in the Lease. You, the Tenant agree to do'everything required of you in the r-•- - ; : - = - Default: 5. .If you, the Tenant, 5.1 fail to pay Rent, or any part of the Rent, 5.2 fail to comply with any other term of this I.case, a 'f 5.3 vacate the premises at any time during the Term, 7 . •,,,�._:.-:.:.'�'_"_•-_', : . = then Landlord may re-enter and take possession of the Premises by any lawful means, and remove you, the Tenant and any other person on the Premises and their property, by dispossess prom;cdings, or by n ' other lawful means, without being liable in any way. ycrydtc�DccpC [v4�CDe�[omi9tXlac]c�nY �,"��"'��'--- _ _ _ - xecear�zt}t3:,arrdlu�a3��►bd}exi��co�p�ptl�nrll�dicxz�:cnsx�dir�>...it��oax,d;vexectzixgct� �'±`': `'�: .`:'��,--i;z` �1J'�XZ�IGYixp:aC�tl�3a�:1>�?l:n�glRl{DCyQxttfi�}Glf):C�C81�s:&t�}CD�4CIiQO1C�Ls;xd�L'CbdX�C ,,ax )Iat�bix g Rxw.ke cxi-al�w&va>jxrxos :ca':t�•7:•;`' n:: :r�.' .�.'7.. �&,16 �d�7�8�•id1lYlYA:�'17�1'.x NM AXX)OC DbX X WX K. 1W8KX IXjK ^s ,:R._ - m��xsgtxntn�o4,�x��xhdsc��txl�ss�:lta� -xe�t:€��;xaax ''`.'f"-�-a}/�'�•.,^;y_ _-":;::,•:-' 1C8�fift;�?f6AlhSditA.C�s'Y�4ffiSf.?Q�I�]flbC3Q�}{13'�?f.7QALd16rP�Zrhp�Xbf3f�:p�S.4±�:}'�€fb'��$�BDE. . =iJY�'u '-:,'. �'�'..";tiff'• `.`` - .1 ' .�k` ems.:. .5 :; - -:::: - . • t Ewa of f1�ae Term: 6. You, the Tenant, agree that at the end of the Term you will surrender the Premises in as good condition ' ; ;•;�. :c •, as now, except for ordinary wear and damage by the elements. ":'l_-.'.�•'�r•' y.>y,ram':..1'Z;•i:N..• `'t .-. _ . �7qL r _ -- ,uccessors: 7. 1,11less 11ord the place of the parties to the Lease. h the Changes: h• This lease can he chanae1l only by :"' agreement in H'nti"� sitz. Y the tenant that the premises are leased tOarking area 11 g . It is understood and .for an off street P same solely for library purposes atrons. It is understood that for the library staff and patrons. lot. Landlord reserves is not to be used as a public parking area in• connection the right to use the driveway and parking with his law office which is adjacent thereto. a ` agrees to procure and keep in effec�l 10 . The Tenant covenants and agreeic liability policies of during the term of this lease p and insurance protecting the Landlord and the Tenante sons rom aand, 1 e resulting from injury to p anyone in or about the demised premises, all claims for ned property sustained by y shall he in the amount of said Policy or. Policies of insurance to or death of any one not less than $100 , 000. 00 for.. injury injuries to or death of person and not less than $500 , o00 - of the same accident and in. ersons arising g ro erty any number of P 25 , 000 . 00for dama e to policies ,the amount of not less than $ er policies to . such policies may be curnish ceered drtificatestofosuchgp P and the Tenant shall f the Landlord. s to be responsible for all maiareaaand to 11 . The Tenant agree awed portions of .the parking - the driveway and the p the lean surrounding keep same free from potholes and to keep to clean up the the paved surface cut, and on a we broken glass, papers parking area and driveway of :all cans , r vide at least two The Tenant shall also p 4 responsible and other debris. patrons and will be ' garbage cans for use of their P the Tenant will have for all garbage removal. In addition, parking area and driveway 3 all the snow and ice and expense.ved from the at Tenant' s own cost a sublet the premises during 12 . The Tenant shall not assign or the term of this lease. urchase A The parties here to have entered 13 . P inthealeventlon thato he agreement of even date he rewitthendthis lease will terminate tenant exercises said option, option on the closing -of title pursuant to the terms of the and contract of sale and all rents will be adjusted. y SCHEDULE A ALL that certain plot, piece or parcel .of land situate, lying and being at Cutchogue , in the Town of Southold, Suffolk County, New York, bounded and �clescribed as follows : BEGINNING at a concrete monument set at the intersection -: .- _ .' of the northerly line of Main Road with the easterly line of land of the Cutchogue Free Library, from said point of 'beginning running thence along said land of the Cutchogue Free Library two courses as follows : (1) North 42' 15 ' 00" West 100 . 00 feet; thence (2) South 371 47 ' 00" West 50 . 0 feet to land now or formerly of .Samohel; running thence along land last mentioned North 410 57' 50" West 207. 92 feet to land of the Mattituck-Cutchogue Union- Free School District; running thence along land last mentioned North 46° 28 ' 40" East 123 . 76 feet to land now or formerly of Colgate Design Corporation; running thence along land last mentioned South 48° 45 ' 10" East 184+ feet to a point formed by the intersection of the easterly boundary line of land of Landlord with the direct extension easterly of the northerly line of land of the Cutchogue Free Library; running thence South 37' 47 ' 00" West 87+ feet to a point which is 7+ feet distance from the easterly line of land of the Cutchogue Free Library when measured at right angles thereto ; running thence southerly along the easterly edge of the blacktop driveway a distance of 100+ feet to said northerly line of Main Road; running thence in a westerly direction along said northerly line of Main Road 15+ feet to the point or place of beginning. - - -. _.-i-�•1. "•sue.::,'z-r3•�;,•'-z`i�'ir . . - .,-. R . � - Jam__------- -"� • _- _ __ _ � -� _ _ '::�_- '� -- - -Y ,�'-:x e-z 1nar. �C L.�LT .i�-'� ''-J_��'_ _- - —_-`�.-�;�'=�.::f=_r�!►�; ,`_s•-`',e"' ' ♦ 1 _ _� -__.� :a _�`�� .i�,p{� �:��. •lam_ 4/_�; 4' -, ..y,�•- ,_ ~� _ •-- �`'- _'ii•-,- _ �� S�'� �S�T"� }•�'- ?�:r3__a y..� _.'''1-a✓t:' ''� `r���..��b sT-J y - ''�� '�"�' ''-� .. r - -- �c f._�+y`. �,-�.���A:,t�' :ScY __ _=�-�.�_`.`:�"�-D�re.�l;-:c. -�S._. i}X"'�.=-,� -""=.'"�'. ...�•.t��l�--s1---ice ,,,�`��� L��_'-r`�i''��.Ir� �i8•F 7�;�r+� '�.�!'" �1.`_r -�-T �,�.•�T �..�c" ��:._� +e `9ik� �7/�,"��°�--'-`59E mod.J __ � Y = ,-_.T•�i �� .. .� ,... 11.L �.-_�1.a�:.iT' �•1_-�Y�'Ar%i -~• f._I �-.{,Z•r�� _ .. ti,._.. ,.:' .1.: ,."1:'`SKr l� �:Y'•7� a,n'' ../.•. Ile" 4 Z. -++C.�„vSs•.'t ,.tNi• Si->^:•��". '- - .,'��; � � _ - � '- 1 +t 3' � t. ,� fk�,,,11� 'lo-y.N: �,,��!^���'. •+��,eta : : Y •.�•> _ _ . . r- . . Quiet Landlord agrees that if you, the Tenant pay the rent and are not in default under this Lease, you, the Enjoyment: Tenant may peaceably and quietly have, hold and enjoy the Premises for the Term of this Lease. C.. :a Signatures: The parties have signed this lease as of the date at the top of the first page. LANDLORll Richard F. a . :,........ You, the TENANT: U:E a WITNESS: CUTCHO-G ...F1�Iy eRARY--•-•------••---•----.: -------------------------------------------•-----•-•----------------•--------•------•- BY ,±,asz1�11�—� jc �, f LLY n PL NI�INQ-B ARD Ta1310 SOU 9 D Southold, N.Y. 11971 HENRY E.RAYNOR,Jr.,Chairman TELEPHONE JAMES WALL 765-1938 BENNETT ORLOWSKI,Jr. GEORGE RITCHIE LATHAM,Jr. WILLIAM F.MULLEN,Jr. May 4 , 1983 Mr. William Peters , Chairman Cutchogue-New Suffolk Library Expansion Box 935 Cutchogue, New York 11935 Dear Mr. Peters : Thank you for your letter of May 2 , 1983 . We are in receipt of what I presume is a second site plan submission for the Cutchogue Library. However, there is no covering letter indicating, number one, the fact that -any lease agree- ment that may be pending is actually in effect; number two, on your page one of your submission I can find no ingress or egress on your property for parking; number three, Mr. Lark has indicated your last set of working plans are not accept- able to him; number four, I would draw your attention to the Town Attorney' s final paragraph in letter dated January 20 , 1983 that the Planning Board could entertain a parking field" adjacent to your property, but it would be conditional upon obtaining a variance from the Board of Appeals of the require- ment that. the parking field be in the same ownership as the premises which it serves . As it appears from your last set of drawings that this may be the case and no structural alter- ations would be done to the building. We would be most happy to handle this as rapidly as pos- sible, certainly pertaining to your letter of funding. Hoping to be of assistance as soon as possible. Very truly yours , Henry E . Raynor, Jr. , Chairman Southold Town Planning Board sel G M+ r OFFICE OFTOWN =ATTORNEY ROBERT W.TASKER TOWN 0 -SOU,THOLD TELEPHONE Town Attorney (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 January 20, 1983 Henry E. Raynor, Jr. , Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Cutchogue/New Suffolk Library Dear Henry: You recently sent me correspondence between the Board and the Cutchogue Library, along with your letter of January 5, 1983, and asked for my opinion as to whether or not the Planning Board may permit off-street parking_facilities on property not owned by the applicant but under a lease from an adjoining owner. . In effect, the parking facilities will not be upon the premises of the library. Section 100-112H (off-street parking) provides that the parking facilities may be on other property provided that the parking spaces are within 200 feet walking distance from the lot to be served. This section further pro- vides that such spaces shall be in the same ownership as the use for which they are accessory. In effect, what this means is that the parking lot need not be on the same lot as the principal use but it must be in the same owner- ship. Section 100-121B provides that the Board of Appeals shall have the power to vary or modify the application of any regulation where there are practical difficulties or unnecessary hardship in carrying out the strict letter of the regulations. In effect, this means that the Board of Appeals has the power to grant a variance. Therefore, it is my opinion that the Planning Board could entertain the application of the library for the parking field adjacent to its property but Mr. Henry E. Raynor, Jr. -2- January 20, 1983 not owned by it provided that, in the event it should approve of such off-street parking, the approval should be conditioned upon the applicant obtaining a variance from the Board of Appeals of the requirement that the parking field be in the same ownership as the premises which it serves. Yours very truly, ROBERT W. TASKER RWT:aa Library Board of Trustees President 'J Dr.Susan Rosenstreich Vice President Robert Shaw Secretary 13OX 935, CarCF209M,7WW i`f.07?fe 11935 Helene Kohn 1�7a 2 1983 Treasurer y f William Gardner Members Planning Board James Corcoran Robert All Board of Appeals Lawrence Lawrence Milius Town of Southold Philip Rysko Southold, New York 11971 Virginia Suter Library Director Jane Minerva Gentlemen: Library Expansion Chairman As a result of the enactment of HR 1718, the Emergency Jobs William Peters Bill, by the U. S. Congress and President Reagan, 45090009000 has been appropriated for the renovation and construction of public libraries. Grant applications.= are required within 60-90 days to generate employment quickly. In order to qualify, firm plans must be underway, and matching funds must be available. We are .in a unique position to capitalize on this for the following reasons: a) We have preliminary working drawings which require only minor revision and go-ahead authorization. b) We are presently in a general fund raising and have received - in excess of •�30,000 to date. c ) We have assurance from the North Fork Bank aid Trust Company that mortgage money will be available to us . d) Our architect indicates that if we can give him design approval by. mid-May, he can have bid packages available for local contractors by mid-August. We have pending before the Planning Board a Site Development Plan, and before the Board of Appeals requests for variances and special exception. We are requesting prompt consideration to enable us to capitalize on the opportunity presented. If you require further information, please con- tact Nis. Jane Minerva, Director, 734-6360, Dr. Susan Rosenstreich, Presi- dent of the Library Board of Trustees, 734-6961 or myself, 734-5989. Yours truly, '`V �k) William Peters, Chairman Library Expansion Citizens Advisory Committee Rev.Warren S.Beaven,Parish Minister Rev.Msgr.John F.Cwal ins,Our Lady of Virginia Mccaffery,Pres.Cutchogue. , Cutchogue United Methodist Church Ostrabrama Roman Catholic Church New Suffolk Historical Council Winifred Billard Mrs.George B.Drake Jr. Sarah Moore Jane Blaikie Herbert Fett Jr.M.D.,Pros.Fairway Martha J.Paul John P.Blewett,Pros. Farms Assoc. Jacqueline Penney New Suffolk Civic Assoc. Mrs.Hollis W.Grathwohl William Peters,Pres.Nassau Farms Assoc. . Marcus R.Bryan,Pres. Birch Hills Assoc. Louisa Hargrave Elizabeth J.Plimpton Rev.George Borthwick,Cutchogue William F.Heneghan,M.D.Pros.Fleets Edward A.Purcell,Pres.Kimogenor Pt.Corp. Presbyterian Church Neck Property Owners Assoc. Alfred Spiro,M.D.Dir.Dept.of Pediatric Neurology Frederic J.Bruce,Pres.Nassau Point Rev.John P.Henry,Sacred Heart Roman Albert Einstein College of Medicine Property Owners Association Catholic Church Paul Stoutenburgh Marjorie Moore Butterworth James Homan Bonnie S.Towle,Pros.Friends of the Cutchogue Frank Cichanowicz III Fred W.Kaelin Jr.Chief,Cutchogue Library Gerard M.Conroy,Pres.Broadwaters Fire Dept. Thomas Uhlinger Cove Assoc. Albert J.Krupski Sr. Ronnie Wacker Alistair Cooke Walter F.Luce,Pres.Cutchogue-New Suffolk John Wickham,Member,Long Island Regional Thomas S.Cottrell,M.D.,Assoc.Dean, Chamber of Commerce Planning Commission School of Medicine,SUNY Stony Brook FOur Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI April 29, 1983 Mr. William Peters Cutchogue Library Main Road Cutchogue , NY 11935 Re: Appeals No. 3109, 3110, 3111, 3112 Dear Mr. Peters: This letter will confirm that the following action was taken by the board at the Regular Meeting held Wednes- day, April 201 1983 , concerning the above applications : RESOLVED, that the matters of the CUTCHOGUE FREE LIBRARY, be held in abeyance pending receipt of comments, recommendations or ' approval from the Southold Town Planning Board regarding the site plan. . :['Article VII (g) [11 1 Vote of the Board: Ayes : Messrs. Goehringer, Grigonis, Douglass ,--fSawicki and Doyen. Please let us know when the Planning Board has acted upon these matters. If you have any questions, please do not hesitate to call. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk By Linda Kowalski, Secretary cc: Planning Board Building Department i 17 U ry 1/ r � - 1 t / i r { 1 Iry --� •x � ' I� i .�" /` r O.co OF \ f MAP -C.a I I f,..,� ' � J .•r( I f..., �.r-, I ,� .. I I """°" I,r,. L....t, ,,/a' ,t f PfIAUTHORREO ALTERATION UR ADDITIOrl LO THIS SURVEY IS A VIOLATION OF �n;mJ'I �„� ,� 6ECTION 7209 OF THE NEW YORK STATE j 100CATION LAW. r l®fE.,�.•1 II,J�.p ' I,i. COPIES OF THIS SURVEY A/AP NOT 6EAR01Q ZHR LARD SURVEYOR'S INKED SEAL OR J 1 U(BOSSED SEAL SHALL NOT RE CONSIMID G f N$E A VALID TRUE COPY. i [1 f, PUARANTEES INDICATED HEREON SHALL RUN PNLY TO THE PERSON FOR WHOM THE SURVET V ` j IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AN(' _I 57.0 2Y Q / j WWING INSTITUTION LISTED HEREON, AND rO THE ASSIGNEES OF THE LENDING IN6TI- y � � � rUT10N.GUARANTEES ARE NOT TRAft{FER�� I [�1 !V PO ADDITIONAL 94Uirr nrnw. L ! UG7. I 1 -� OWNERS, nQ iUASFn 14 Li 3 LL o w i —n� °fir I Z -=:, `o531 ' ~ems+ ,c 'r;... . .'r "i�E !��: ;..I(: i I' k {^L,!i .?; ,I , • i; [_:. ? �)i `Ik 1..`: l',' i I D/��1L..F —Gj�V .fls� .1{2�,="'fl::t(/I..,.L/ --...,__..._...__..4_..._._.._. �-\l1'•.7. 1`I� I ;/'Y.�• r I -- -..___-__._ _�_�. __ _ --___.____---..-_ -. ----_.•_. .. ...-_--___.___.___.._. ..._..__.-�-_..._.- _.._ -._ ............_ I ® Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 6, 1983 To : Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3112 application of Cutchogue Free Library for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department ; and survey. Judith T. Terry Southold Town Cle -_IN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. �/s�� DATE ...... .. ...�/..f...... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. CV T C-NC'Crtlr' � �//5/' 1, (We) ............................................ .. f ............................................................................ Nome ,of Appello,nt. Street and Number GU-7-c140rr7-Ui-4� ............HEREBY APPEAL TO VV ._ .................................................................................:........... .....1 Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF--:'THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ............................�11%�L�f.J... C..........................1! ... ...................................... Street and Number Municipality State ( ) PERMIT'TO USE (X) PERMIT FOR-OCCUPANCY 1. LOCATION OF THE PROPERTY .. .73. ...........Irl/4.//. ...(.1.(1/F�?.........C,.i/ Street Use District on Zoning Map r .......................................................................... Map No. Lot No. 2. PROVISION (S) OF THE ZONING-:ORDINANCE APPEALED (Indicate the Article Section, Sub: section and -1 Paragraph of theZoning Ordinance by number. Do not quote the Ordinance.) A(\r X r)`�G I OV —11 L 9 3. TYPE OF APPEAL Appeal is made herewith for _ ( n A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance and was mode in Appeal No. ................................Dated ........................................... . REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( A Variance to the Zoning Ordinance is requested for the reason that A. D t5 Q U/t Tt_ v C f—d� /S" C//RS S 0r(0v ( PGD T 06()UC-H X 1- &.4se OF /I- Pxr(k1iY/G 'fwz-�4 r-lioDrI /Lir ON, LAf-"z'- . l Kis L-E-�Ls-pD IfW? 4J)✓0 j itE !3 vI[ ,� Iai,G PVC wHic// / C, 0, fs 2t:r� VjtT—i � /�R7- Stc_ /pv-112-/t Form zs1 (Continue on other side) rf&CCi?Vt KtS 77vW7 7-Ht - 7"if(� (' 9V-iiU[_ A-RE—, - tS 1-0(—IfT�3p /ts ('I-RT vr= 44/-( i000 SF-01QA 1LoZ t3i_sc ic. L67 02-3 REASON FOR APPEAL Continued 1. - STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties olike in the immediate vicinity of this proRerty and inithis use district because 3. . The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE- THE CHARACTER OF THE DISTRICT because A/0 Cillt-1 c kr'! d-11"E g'6 Ttfr i���� rc,.pcWC )EXISTS ►t,� �l/�/<«� �v � F NEW YORK STATE O COUNTY OF ��#4 Signature Sworn to this .................................. .......... day of........... .... ............ 19 .............. ,,h v JUDITH yT.PIM& Notary Public, State of Nero York No. 52-0344963 -ZufPoli< County commission Expires March 30,19 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of6 -NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request at.Variance) pecial Exceptio!!) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Z 7 3 S` ✓j Ilv n ✓T-c Q6-U'' m � lUcTE) fMIP 7-H Plt-<14-1 r,,IC- 4-077 7-0`4 01 ;S ip 6 1/14l0i 4-4_ 11 3. That the property which is the subject of such Petition is located in the following zoning district: ,6_/ 4.That by such Petition, the undersigned will.request the following relief: U1 0,C 1 C- ;-/ ry P e C)Pie x rff Gi ,ram 'v P1761 = 11 S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section /( •--70 (_ /) (A) Fj< VS C:-- A_i- A L 1694X R/VP SGc. /OU-l/2 N FM 4_E9SL9 PAR1411ve- 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Matti tuck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right-to appear //and be heard at such hearing. Dated: iz7-C ND Gur-- r2Ee Lmiln3'KY Petitioner Post Office Address 6ox y3s- C-U CIle) r I' /1/_Y, /1'9 3S PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS M 0 1 tif It— mJ llcyr-—L—*, f Alk rITUcIc n C f v �flj � Cv�i� l .4 a � x f Ns- LQU C\j _ _ LL LL 03,1371 W� �p N •� WLy z 4 Zw oww W w J V !mod a 'Sd y� ❑ -Ins, l�❑[� > w ow oN o- 00o L ®i 0U J -� ❑ 3 J 3 w 3 0 S o w ® ® ® ® .� ® �� ,.� �❑ u' Q U or- oo� o�� oij v~i ? GQ ^� f ❑ x¢ xz xww xow Ir L Y— N =LL T�Q w W N VJo tn¢o tno� � a. �C3 < a w 3�111H3S 1d13J3k1 NHI113kf p CL 0 w � Q _v S331AUIS 1VN011d0 a •f LUuw 0) au a S33J F103 H31StlW1SOd 1lf1SN0� a - cc 9L6[ 'idV`008£u»o3 Sd STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK ) ( �( ►� ?''�� R, residing at /U / !� 'c °� lG� Ir �,r being duly sworn, deposes and says that on the day of R deponent mailed a true copy of the Notice set forth on the re- verse side h eof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at got)1110L-0 ; that said Notices were mailed to each of said persons by, (certified) (registered) mail. Sworn to before me this day of r 19 Notary Public JUDITH T. TERRY Notary PLiblic, S:aae of New York No. 52-02.14963 Suffolk County Commission Expires March 30, 19. FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL File No. . . . . . . . . . . . . . . . . . . . . . . . . . Date 7�2�_�/. . . . �z. . . . . . . . .1 19 To. . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated 5;v/. . . . . . . . . . . . . . . . . .. 19 for permit to-eon-Ar"t-1 . . . at . . . . . . . . . . . . . 14- Location of Property . . . . . . . . Hous o. Street hLm4i County Tax Map No. 1000 Section . . . . Block-. Lot Subdivision . .-77= . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. is returned herewith and disapproved on the following ground . mod.,pa W. I,'w. :Z6.". . . . . Q- . . . . . . . . . . .. . . . . . . . . .... . . . . . . . ABuildin' *Inspector* 064 1/8 C /0 0 SHO;;T EI,IVIRON„iF-IITAL ASSESSt L-N I rut-,in ;;��7 r INSTf?UCTIf��S : - s; a In order to answer the questions in this short EAF it is assumed r' that the preparer will use_ currently .availoble information concerning the project and the likely impacts of the action . It is not expected that additional studies, research or other investigations will be undertaken . (b ) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary . (c) If all questions have been answered No it is likely that this project is not significant . (d ) Environmental Assessment 1 . Will project result in a large physical change _ to ' the project site or physically alter more than 10 acres of land? Yes No 2 . Will there "be a major change to any unique or -unusual land form found on .the site? . . . . . . . . . Yes No . 3 . Will project alter or have a large effect on existing body of water? . . . . . . . Yes�N-o 4.. Will project have a potentially large irnpac—L on groundwater quality? . . . . . . Yes No 5 . Will project significantly effect drainage - flow on adjacent sites? . - - . . . . . . . . . . . . . . . . . . , YeskNo 6 . Will project affect any threatened or endangered plant or animal species? . . . . . . . . . . . Yes No . 7. Will project result in a major adverse effect on air quality? . . . Yes,No 8 . Will project have �a �major � effect �on �visual character of the community or scenic views or. vistas known to - be important to the community? Yes N 9 . Will project adversely impact any site or . structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area by a local agency? . . . . . . . : . .: . :� . . . . . .. - - Yes ( No 10 . Will project have amojor effect on existing or future recreational opportunities? . . . . . . . . Yes No 11 . Will project result in major traffic problems . or cause a major effect to existing transportation systems? . . . . . . . . ... . . . . . . . . . . . . . Yes No 12 . Will project regularly cause objectionable odors, noise, glare, vibration, or electrical . disturbance as a result of the project ' s operation? . . .. ... . . . . . . . . . . . . . . . . . . . . . Yes�N0 13 . Stull project haveany impact on public health or . safety? . . . YesXNo 14 . 1'lill project affect the existing community by directly causing a growth in permanent population of more than 5 percent over a one year period or have a major negative effect on .the character of the community or YesNa neighborhood? . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 . Is there public controversy concerning the project? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -Yes ' No EP PR AREP, S SIGNATURE REPPESENTING� C 0 T C U 0CrULL `(6Rl'2y curCjfC)& DATE IY3 (Tcday ' ate) To: Southold Town Board of Appeals Main Road Southold, NY 11971 ,[ / Re,: Appeal Application of `U%G f UG(IF Location of Property: `1-P 7 S MI-F-1141 ROAN.') . t✓i C.J pC U Dear Sirs : In reference to the New York State Tidal Wetlands Larid-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) r [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length. * [ ] Mav be located within 300 feet of tidal wetlands ; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length, [ l May be located within 300 .feet of tidal wetlands ; and there is no bulkhead or concrete wall existing "on the premises . Is not located within 300 feet of tidal wetlands to the best of my knowledge. * [Starred items ' (*) indicate your property does not appear to fall within the jurisdiction of the N .Y.S . D.E.C. ] Sincerely yours, (Signatures please) PA'FA · , I¢'