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HomeMy WebLinkAbout1586 r--- I !! .t?age 6 Legal Notice e e of Birch Drive, Laurel, New York, bounded north by Birch Drive; east by Lyon and Manzell; south by Peconic Bay Boulevard and land now or formerly of Buckley, Parsons, Cox and others; and west by land now or formerly of J. Blair Young. 10:00 P.M. (E.D.S.T.), upon application of Joan R. Wood, 43 Old Commack Road, Kings Park, New York and Salvatore and Philip Loria, First Street, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article XII, Section 1204 for permission to reinstate non-conforming use. Location of property: east side of First Street, New Suffolk, New York, bounded north M. Martin; east by the' Bay; south by King Street; and west by First Street. 10:15 P.M. (E.D.S.T.), upon application of Mattituck Free Library, Main Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to conduct a yard sale on July 1, 1972; rain date July 8, 1972. Location of Property: south side of Main Road, Mattituck, New York, bounded north by the Main Road; east by Roman Catholic Church, Brooklyn Diocese; south by Winarz; and west by Reeve and others. 10:20 P.M. (E.D.S.T.), upon application pf Frank Sawicki, Walter Sawicki, and Cecelia Sawicki, North Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Town Law Section 280 A, for permission to setoff a lot with less than required area and approval of access. Location of property: south side of County Road 27, Southold, New York, bounded north by other lands of applicants;' east by laads of Richmond; south by lands of Papson; and west by other lands of applicants. -,..,-.,.._,-~. ~""""''''''-~'-'~'''''''''7''-''''''- - .........,.......,,,.. ,., .......----.-.....-...,-....- .. .\ ...,...c....._~."..~~_..,.,..-_._-~___.. ' -'''''' - and west by F. H. Saer. 8:05 P. M. IEDST), upon ap- plication of the Cutchogue-New Suffolk Historical Council, Cut- ohogue, New York, for R special exception in accordance with the Zoning Ordinance, Article III. Section 300, Subsection B-14, for permiSSion to conduct an out- door sale and Flea Market on July I, 1972. Location of prop- erty: Cutchogue Village Green, Cutchogue, New York, bounded north by Main Road; east by Case Lane; south by Salter; !lnd west by Presbyterian Church Parsonage. 8:10 P. M. (EDSTl, upon ap- plication of Goose Neck Prop- erty Owners Association, Smith Drive South, Southold, New York, for a special exception in ac- cordance with Nle Zoning Ordi- nance, Article III. Section 300, Subsection B-14, tor permission to conduct a yard sale on July 22, 1972, rain date JUly 29, 1972. . Location of property: north side of Smith Drive North, Southold, New York, on one-half of Lot 37, all of Lot 38 and one-half of Lot 39, Map ot Goose Neck Estates. Southold, New York. 8:15 P. M. (EDST). 1100n ap- plication of Thelma- Kontowski, Main Road, East Marion, ~ew York, for a special exception in accordance with the Zoning Or- dinance, Article III. Section 300, Subsection B-14, for permission to conduct a yard {jale on JUly 15, 1972; rain date July 22, 1972. Location of property: south side of Main Road, East Marion, New York, bounde~ nortlh by Main Road; east by A. Arthur; south by right of way; and west by M. Silirts. 8:20 P. M. (EDSTl, upon. ap- plication of the Mattituck His- torical Society, Main Road, Mat- tituck, New York, tor a speCial exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to conduct a yard sale on July IS, 1972. Location of property: Joseph Saland south side of Main 'Road, Mattituck, New York, bounded north by Main Road; east by Peconic Homes Corp; south by Peconic Homes Corp; and west by R. En- gel and others. 8:25 P. M. (EDST) , upon ap- plication of Mr and Mrs Charles H. Campbell, Youngs Avenue. Orient, New York, for a special exception in accordance with t.he Zoning Ordinance, Article m, Section 300, Subsection B-14, for permission to conduct a yard sale on JUly I, 19'12; rain date July 2, 1972 or July 3, 1972. Lo- -- ~ -------.. ._"~t f(}r permission to divide property and build a second dwelling. Lo- cation of property: east side of Riley Avenue, Mattituck. New York, Lot No. 14, Map of G. W. and D. Riley. 9:25 P. M. (EDSTl, upon ap- plication of Jerry Villani, 60 W. Oakdale Street, Bayshore. New York, for a special exception in accordance with the Zoning Or- dinance, Article VII, Section 700 Subsection B-4, for permission to er'ect a gasoline service sta- tion. Location of property. south side of Middle Road (County Road 27), Peconic, New York. bounded north by Middle Road .(County Road 27l; east by Pri- vate Road (Paul's Lanel; south by J. Krupski and others; and west by J. Krupski and others. 9:40 P. M. (EDSTl, upon ap- plication of John N. Venteau, 47 E. Deer Park Road, Dix Hills, New York, for a variance in ac- cordance with the Zoning Ordi- nance Article III, Section 301 and Article X, Section 1000 A, for permission to divide property in lots of less than required area. Location of property: south side of Birch Drive, Laurel, New York, bounded north by Birch Drive; east by Lyon and ManzeU; south by Peconic Bay Boulevard and lands now or formerly of Buck- ley, Parsons, Cox and others; and west by land now formerly of J. Blair Young. 10:00 P. M. (EDSTl, upon ap- plication of Joan R. Wood. 43 Old Commack Road, Kings Park, New York and Salvatore and Plhilip Loria, First Street, New SUffolk, New York, for a variance. in accordance with the Zoning Ordinance, .Article XII, Section 1204 for permission to reinstate non-conforming use. Location of property: east side of First Street, New Suffolk, New York, bounded north M. Martin; east by Bay; south by King Street; and west by First Street. 10:15 P. M. (EDST), upon ap- pliclftion of Mattituck Free Li- brary, Main Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permis- sion to conduct a yard sale on July I, 1972; rain date July 8, 1972. Location of property: south side of Main Road, Mattituck, New York, bounded north by the Main Road; east by Roman Catholic Church, Brooklyn Dio- cese; south by Winarz; and west by Reeve Rnd others. 10:20 P. M. (EDST) , upon ap- plication of Frank Sawicki, Wal- ter Sawicki, and Cecelia Sawicki, appm:anon Of the Mattihick-' Presbyterian Church, Main Road, 'Mattituck, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to conduct a yard sale on August 12, 1972. Location of property: west side of Main Road, Mattituck, New York, bounded north by Sound Avenue; east by Main Road; south by Old Bethany Cemetery; west by Old Bethany Cemetery. 7:55 P.M. (E.D.S.T.l, upon application of Emma Ford, 2470 Hobart Road, Southold, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to conduct a y'ard sale on July 8, 1972; rain date July 15, 1972. Location of property: west side of Hobart Road, Southold, New York, lot No. 125, Map of Founders Estates, Southold, New York. 8:00 P.M. (E.D.S.T.l, upon application of the North Fork Animal Welfare League, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection Bc14, for permission to conduct a- yard sale on July 2.1 and 22, 1972 on property of Miss Helen Cochran. Location of property: north side of Main Road, Southold, New York, bounded north by Traveler Street Extension; east by the Southold Library; south by Main Road; and west by F.H. Saer. 8:05 P.M. (E.D.8.T.l, upon application of the Cutchogue-New Suffolk Historical Council Cutchogue, New York, for ~ special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to conduct an outdoor sale and Flea Market on July 1, 1972. Location of property: Cutchogue Village Green, Cutchogue, New York, bounded north by Main Road; east by Case Lane; south by Salter; and west by Presbyterian Church Parsonage. 8:1Q P.M. (E.D.S.T.l, .upon application of GooseNeck Properly Owners Association, Smith Drive South, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for Avenue, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to conduct a yard sale on July 1, 1972; rain date July 2, 1972 or July 3, 1972. Location of property: west side of Youngs Road, Orient, New York, bounded north by right of way; east by Youngs Road; south by E.H. King Estate; and west by E.H. King Estate. 8:30 P.M. (E.D.S.T.l, upon application of Natalie Pavia, Midland Parkway, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to conduct a barn sale on July 1, 1972. Location of property: east side of Midland Parkway; Southold, New' York, Lot No.1, Map of Sea wood Acres, Southold, New York. 8:35 P.M. (E.D.S.T.l, upon application of the Church of the Redeemer, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to conduct a yard sale on July 8, 1972. Location of property: north side of Sound Avenue, Mattituck, New York, bounded north by North Fork Bank & Trust Co.; east by Grattan Estate; south by Sound Avenue; and west by Westphalia Road. ' 8:40 P.M. (E.D.S.T.l, upon application of Charles A. Kraft, 132 Capt. Kicicl Drive; Mattituck, ~e'r );':()l;~, lQra~~~~ll~except~on 10 accordance WIth the Zonmg Ordinance, Article III, Section 300, Subsection B-14, for permiSsion to conduct a yard sale on July 8, 1972; rain date July 15, 1972: Location of property: south side of Central Drive, Mattituck,' New York, Lot No. 125, Map of Capt. Kidd Estates. 8:45 P.M. (E.D.S.T.l, upon application of Robert Mennella, a-c The Boathouse Restaurant, Stirling ,Harbor Marina, Greenport, N~w "ark, for a $pecial exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection C-6f, for permission to erect an off premises directional sign. Location of property: on property of Malcolm Rackett, Road (County Road 27), Peconic, New York, bounded north by Middle Road (County Road 27); east by Private Road (Paul's Lane); south l:>Y J. Krupski and others; and west by J. Krupski and others. . 9:40 P.M. (E.D.S.T.l, upon application of John N. Venteau, 47 E. Deer Park Road, Dix Hills, New York, for a variance in accordance with the Zoning Ordinance Article III, Section 301 and Article X, Section l000A, for permission to divide property in lots of less than required area. Location of property: south side of Birch Drive, Laurel, New York, bounded north by Birch Drive; east by Lyon and Manzell;' south by Peconic Bay Boulevard and lands now or formerly of Buckley, Parsons, Cox and others; and west by land now or formerly of J. Blair Youn . 10:00 P.M. (E.D.S.T.l, upon application of Joan R. Wood, 43 Old Commack Road, Kings Park, New York and Salvatore and Philip 'Loria, First Street, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article XII, Section 1204 for permission to reinstate non-conforming use. Location of property: ,east side of First Street, New Suffolk, New York, ' ,., . . '~ bounded north M. Martin; east by " the Bay; south by King Street; and west by First Street. ",... 10:15 P.M. (E.D.S.T.l, upon application of Mattituck Free Library, Main Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to conduct a yard sale on July 1, 1972; rain date July 8, 1972. Location of Property: south side of Main Road, Mattituck, New York, bounded north by the Main Road; east by Roman CathoJic Church, Brooklyn Diocese; south by Winarz; and west by Reeve and others. 10:20 P.M. (E.D.S.T.l,' upon application of Frank Sawicki, ,Walter Sawicki, and Cecelia Sawicki, North Road, Southold, New York, for, a variance in accordance with the Zoning , Ordinance, Article III, Section 301 and the Town Law Section 280 A, for permission to set off a lot : with less than required area and approval of access. Location of property: south side of County . FORM NO. 3 . I I TOWN OF SOUTH OLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No. ............................................... .......... ......... Date ............ .. ................... ../.3........, 19.'7...?- To ~~....w~~.....4..s~~,^- ...L.I.'1....!l!.~.....~_..!I...~................(. ({+ ~ ........~.~....{!t.d......'/..:(........................u.. (~~ i.... PLEASE TAKE NOTIC~ that your application dated ........Cl~.......f..}................, 1~.~:~., /) , Cl:::4... A~ ". J._ h C ~. J,/L'-, for permit to - . . 1.ca.-.fIl~.,1X'~'''''!.WlMCJt t e premises located at.......F~.....1f.:~;" ......~......................................... Street y~,J C#..tl.. Map ...........~......................... Block .......... .~......................... Lot ...... ..~...................................... is ....t"~...rr lur....n. ~!?d disapproved on the following grounds ........M.~....~~:-:Q... .....~::-:.........~.~~.....,.~r~~....~.~........~..-:it.r;......~.~..!..~..fj..... ,.....................................................1,1 ............................................................................................................ // ,^,r~ .... ~i;;g..i;;;p.c-.;;r ...../ ._-'~ ,"c ." f lI}<ji - ili. -' r"n ni.!lm 'JI" '..c;..:"!Jt..1 .. ~ ~ .' - . o o TOWN OF SOUTH OLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. jS ~ , DATE ....~.\.~....~.:t/\ v TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ... ..~~~..~~ ..!{~.. ................................... of .... .~~. .~~~. .~~. .~~~~..... .......................... Name of Appellant Street andJ'!umber X1ngs Park New York: an * ................................ ..... ....... ..................................... ............ ........................... .HEREBY APPEAL TO *iliVt~a~ Ph111p Ulria, d/b/a Cap~eMartylll, I1Dc Road. ... Suttolk, :;:L~:~I:: 8F~:R~E:I:P::LS..~~~~.~~.E...~~~I~IO:~:D T~~..~~t.;.t;~~~ WHEREBY THE BUILDING INSPECTOR DENIED TO tm above named of Name of Applicant for permit (1 ) ( ) ( ) ..... St~~~t'~~d"N ~~b~~"'''''''''''''''''''''' 'M'~~'i'~'ip~ i ity.................... St~t~"""""""'"'''''' PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY s.u:tbwlt..~~....r.kc'.1c..~..nna..~~~~:t!",,~"'...~t.;Jk, H.Y. Street Use District on Zoning Map Zoned. "Aa Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Section 1204 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoni(ng Ordinance or Zoning Map ( ) A IVARIANCE due to lack of access (State of New York Town LC!..w Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (1) "ndi", or lntal DODCOntOndDg use 4. PREVIOUS APPEAL A previous appeal ( s) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. ................................Dated ....................................................................... REASON FOR APPEAL ( A Variance to Section 280A Subsection 3 ( Y- A- V;;'i~nce- to the-Zo~fng-Ordf;,ance----- ( is requested for the reason that For :reason that premises are teuecl b7 Jean R. Weocl fa ftd11p _ Salyatore Iar1a tor 1188 .. a t1ehil'tlItat1en, aD .n...1DD et CapW.a KarV's P11hiD1 StaU.D, 1dl1ch 18 . lAnIt1al 11M. "-1........, tor JaIIV' JMN, ued .. ftlldDc sta~D prier to .~. ot 0rd1DaDce ettect:lve Decober 2, 1 m, DeIOt:lat:lcma to obtaiD 1eue or pIII'Ohuo ot prop.,tlg .rrc. Mrs. Wood begaD Hftral Bmtbapr10r tbereto, which tact 1Di1cates that uae tor tishing stat:lDn purposes haft 1'18ftr been abandoDed. Form ZBl (Continue on other side) "'''''''' .'." ~.,.:,:..,,, ..... " - REASON FOR APPEAL o Continued o '" , ". ; ~W'. 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 alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because both Captain Mart7's r1eh". StatUm eel Jou Wood lip",. Stat1ml pre-ex1sted the cb.~. of ord1Darace _ it Capta:I.D JIart7'. pt.,. Statum 18 permitted to ue tile WOod pft~a.t 1IIdah 1t occrap188 .... Leaae, . 00P1' of vh1ch 18 ame.ucl hereto, tor parIdDc purposes, then CIIPta1D JIart7'. ftBld. Stat.1oD caD proceed to t1cV up the Wood preJdaea and rel1eYe tntt1c COnae~D 1D oem.ct1n with the opera't18n of 1ta 01ID lawf'al blab.. STAft or .. xau) .., COUI'1'I OF Sur.rou:) 9' dq of .11l1li, :.~.:/~&.~.. Notary Public PATRICIA A. VAN PETTEN Notary Public, State of New York No. 52 -4081770 Suffolk County Commission Expires March 30, 19~ MlCHflE . . 0 k W:JTARY PUBLIC, State of New Yor - . No 30-2722253 ~ifiei in Nassau CountY 1er1a STATE OF NEW ~~isS~ ~~: ~a~i~k~~U~~~ v.,~..r.e.:,ldcr.~.............,............ COUNTY OF S1JlI'P01& ) loaza It. WDod Signature . /St1 " Sworn to this .............................................. day of......i~.......................................... J9 72 h~ 1ilf1:{~lt.~ /17A. (~~oyr~,/ ~~i;~~~ No.52-0344963 Suffolk County1'? Commission Expires March 30, 19-p " 1li!::'..ILr,r j' - -1I(~~ :- " 1 ~- "I 'T C. I "-""""_~'1i" un . " .'" , ., o 0 ~bi5 ~grttmtnt BETWEEN JOAN R. WOOl) t residing at 43 Old COIIID1Ick Boad" Kings park. N. Y. t " J:,' and SALVATORE LORIA and 'PHILIP UUUA, d/b/a capclo MaRy'. Pi.bi.nS Sution, Firse and nOS Streeta, New Suffolk, B. Y. as Landlord as Tenant : . ! ~itntSSttl): a paree 1 of land being r()Ugbt 11 160 front feet on King Stx-aet and roughly 100 feet on i'ixat StrQct. and rougbly 100 fQ(:t <m J1cconte Bay. 10 11iUwlet of l~w Suffolk., TOw.-n of Southold. N. Y.. bo1n& and intended to be tile entire premise. shown on the description sheet of ,American Title InGuraoce Company search number 07-55597 and any other land Landlord owns in tho c.'JmQ ftfPHM:~ area, and Landlord's water and rlpariaa rights 1n and to land unaer f(lconlc Bay. for the tem of S years, . to commence from the 1st day of Hay. . , 19 72 and to end on the 30th day of April, 19 77 to be :used and occupied only for a fLshins atation and any other c~c1al or bua1ne.. use. pem1tted by tlle zoning Laws of Town of SouthoLl. . The Landlord hereby leases to the Tenant the following premises: ~y,'MJ'1f'r1l1;''ir~;I''c ~!!rl~tn.... conditions,;.?d ~ove~pts ~21Io~~1:~r~,. 1st. That the Tenant shall pay the annual~rent Ofj0."""i\'g"..RU,l ..,' 0, ,. c"" ,.,.J. 0 ~. ~.. ~,~}. 4i.'..,...Ji....13 6't',.r:'o1'V>!"i1"~;t'11lV~:1DIiY1l.!Pr.lV;vI:v..vv;.V'1'v&'<1l"~ " "~'l"'';'~?lV,h1;).". . '. 'of"~ .. ..'. . , "'I1YfftWfVvf~fi'" "^"",,,\.A.W:.Ji'\~~""""''''.Ji'.li~~ ..' 'iJU~"""";.j~~ '~..." " ~~ ~~ " .".",l.~ I :;~~r;;:r::a~;, ~:i~:I~Oe:::al fltfi~~ft~:~~~~JJj{l~~~niJ~full~~;:ffi{,i4~ ~~nrr;\~;:.:':t\nflwU;J'I~~~",1.";{Y4~~~liKlX:t~.Jt~ )/},~(Xir ;::;::~~~: lB~~X $166.66 on May 1 , 1972 and a like sum of $166.66 on the first day of each and every month thereafter. 2nd. That the Tenant shall1take good1care of the.J1temis,ps and sball, att~e Tenant'~Rwn cost and e1!p.ftJie t;la1r.e"alJ.,rep.ilir.s 1;;;ZC<q1t IiItt'uctura rep,n XOG to \;rlel nouae on tne pr(.lm.J.80e, prOV1.uQQ t:ll:J~ 1.1: '.ii:crn:r:i.'lt doos not actually use tbe houGo,Tenant Ghal1 not be responslble to J;i:jL,~ €Juy J:~pair8 to it. and at the end or other expiration of tbe term, shall deliver up the demised premises in good order or condition, damages by tbe elements excepted. 3rd. Tbat tIle Tenant sball promptly execute and comply with all statutes, ordinances, rules, orders, regulations and require- ments af the Federal, State and Local Governments and of any and all their Departments and Bureaus applic~ble to said premises, for tbe correction, prevention, and abatement of nuisances or otber griev/!,nces, in, upon, or connected with said ! premises during said term; and sball also promptly comply with and execute all: rules, orders and regulations of the New Yark Boud of Fire Underwriters, or any other similar body, at the Tenant,'s/wn cost ana. expense~ 4th. That the Tenant, successors, beirs, executors or administrators., shall not assign this'agreement, or underlet or under- lease the premises, or any part thereof, or make any alterations on tbe preinises,.witbOJlt <he Landlord's consent in writing; or occupy, or permit or suffer the same to be occupied for any business or purpose deemed'disrepUtable or extra-hazardous on account of fire, under the penalty of damages and forfeiture, and in tbe event of a breach tbereof, the term berein sball im- mediately cease and determine at tbe option of tbe Landlord as if it were tbe expiration of tbe original term. . In case 0 amage, y re or ot er cause, to t e w mg m wbich tbe leased premises are located e fault of the Tenant or of Tenant's agents or employees, if the damage is so extensive as to actically to tbe tatal destruction af tbe leased premises or of the building, or if the Landlord sh reasonable time decide not to rebuild, this lease sball cease and come to an end, and the rent shall b e to tbe time of tbe damage. In all other cases where the leased premises are damaged by fire witbo. 0 tbe Tenant or of Tenant's agents ar employees tbe Land- lord sball repair the damage witb re patch after notice of damage, and if tbe damage bas rendered the premises untenantable, in whol , there shall be an apportionment of tbe rent until the damage bas been repaired. In deter- mininc.;w ltutes reasonable dispatcb consideration shall be given to dela s caused b strikes a 'us .rn~i1ier causes eyon t e an or s contro . 6th. The said Tenant agrees tbat the said Landlord and the Landlord's agents and atber representatives sball bave tbe rigbt to enter into and upon said premises, or any part thereof, at all reasonable bours for tbe purpose of examining tbesame, or making sucb repairs or alterations therein as may be necessary for tbe safety and preservation tbereof. 7th. Tbe Tenant also agrees to permit the Landlord or the Landlord's agents to. show the premises to persons wishing to hire or purchase the same; and the Tenant furtber agrees that on and after the sixth month, next preceding the expiration of the term hereby granted, tbe Landlord or the Landlord's agents sball have tbe right to place notices on the front of said premises, or any part tbereof, offering the premises "Ta Let'" ar "For Sale", and the Tenant hereby agrees to. permit the same to remain thereon withaut hindrance or molestation. kJ JCW 'r C..""" -'-:",,,,,.,,,,,,_;-_,"..0",,.~'. -'.< \ ~ o o i..l ('d:.~ said premises, or any part ti'il}4'C, '. PCCOJllf' ~'"I ;i,li.~'!." ", made in the payment of the said rent or any part thereof, or if ally default be I11:Hie III the perloJ')J1a1lee III :W," '" ; nants herein contained, the Landlord or representatives may re-enter the said premises by force, summary pToceelilll8" (" otherwise, and remove all persons therefrom, without being liable to prosecution therefor, and the Tenant hereby expressly waives the service of any notice in writing of intention to r'e-enter, and the Tenant shall pay at the same time as the rent becomes payable under the terms hereof a sum equivalent to the rent reserved herein, and the Landlord may rent tlle premises on behalf of the Tenant, reserving the right to rent the premises for a longer period of time than fixed in the original lease without releasing tbe original Tenant from any liability, applying any moneys collected, first to tbe expense of resuming or obtaining possession, second to restoring the premises to a rentable condition, and tben to the payment of the rent and all other charges due and to grow due to the Landlord, any surplus to be paid to tbe Tenant, who shall remain liable for any deficiency. ~~!~. 7: fHul'f"a "'l_" "11'_111, a' .Iu 'lIJjp'Ji6' IIi Tj;illJi', .." Mg a'.' inlu. a'... i. ..Ii .i,lf. III, .,m;... pU/U;/flJ.. ~..JJJ.... i ...) ill..', ... '..., i.gtJ,.~ afJ. ,'...8 gJ... i. ill. -.d..J.... IlrfJ_i.,.. i.1t a.a :,. ~.~M ..,..... ai >>'811.1..... ilj.\~, .(,4J Jh6 "alll;lIlu... : ..JhJ.lr.~lr'lr c~i/.J.. b,a \tfnnrri~<! DJ( [~,,!r1{nrd1'.1 XelliUl+ it f'~C~ timoC' !I~ T i<TJrllnrn V'~y Lfloroi- !If"" 'ilJ_q...b,a...dna I\1Qr"~~~ ~f~ru~f 1M It.. "BIlIJJ'~ ."M ~h. 4.J.~Ir.~ .It.,..1 .,lIal1.... Ii._.ll (4 B.~;laIl4 i~ JJd~'d~r6trltl:J:,J...allt:~-~;(Ui1.J;;Jfrl:b.:;.{,nr;':'.fJ.I.;.;;t.~.i~O the said premises, caused by the carelessness, negligence or improper conduct on the part of the said Tenant or the Tenant's agents or employees shall be repaired as speedily as possible by the Tenant at the Tenant's own cost and expense. :10!\i '0'''1 1h~ 'l.:c""nf s4aH npitbfL4fw:.IJTl./Qa Jl1Q( tJbum.r.t..t",a 'i.id~lk ;IlAltnr-if ,,( Rlilt[aQC" 1'J rar "iI'l~ jiP~ ~+~;r~ ,,{ ~ai" L~Pd~;\:~i" l:'P" '!21fqur +hd wm.p -In b~ Qb.UJJJ.G1frJ L~r pn(l"""Qfr~n ;r;,a ~ny "V!lQqdr 11th. ZlMly~~naQt ~lJ!Jll rJitit"~, .r~i((~~ qpo ~"3nt."D ,""po o:l1lg'fM. t"ba.~ii ])1~r!lfJrl.J.~gJl-li;i8"" ...... ~:g""ct "..1 ,....,. '''i'''Ul.~'~AfJfPt1l'''''' af.. :q &lIT ~g~ .'M.."iUleB '6 Mllj<1 ~-I'JlJjr?f!ft' 9* .AJl,l" "tIUH: ~I'J. fit rQ...........~fJQl:.;:u~7J. iji Q, At rUVM .?,.", 9' 11~.8.B -SB .~~ k~i~iili~..i....iy.IN L4ilJUi IUM a.ul "JlIIPI'-'. tr \;oJ' t'rll l: v~rl1~r" ;~ m~~ And in case the Landlord or the Landlord's representatives shall deem it necessary to remove any such sign or signs in order to paint the said premises or the building wherein same is situated or make any other repairs, alterations or improvements in or upon said premises or building or any part thereof, the Landlord shall have the right to do so, providing the same be removed and replaced at tbe Landlord's expense, whenever the said repairs, alterations or improvements shall be completed. 12th. That the Landlord is exempt from any and all liability for any damage or injury to person or property caused by or resulting from steam, electrit:ftjl, gas, water, rain, ice or snow, or any leak or flow from or into any part of said building or from any damage or injury resulting or arising from any other cause or happening whatsoever unless said damage or injury be caused by or be due to the negligence of the Landlord. 13th. That if default be made in any of the covenants herein contained, then it shall be lawful for the said Landlord to re- enter the said premises, and the same to have again, re-possess and enjoy. The said Tenant hereby expressly waives the service of any notice in writing of intention to re-enter. 14th. That this instrument shall not be a lien against said premises in respect to any mortgages that are now on or that here- after may be placed against said premises, and that the recording of such mortgage or mortgages shall have preference and precedence and be superior and prior in lien of tllis lease, irrespective of the date of recording and the Tenant agrees to ex- ecute any such instrument without cost, which may be deemed necessary or desirable to further eRect the subordination of this lease to any such mortgage, or mortgages, and a refusal to execute such instrument shall entitle the Landlord, or the Land- lord's assigns and legal 'representatives to the' option 'of cancelling 'this lease without incurring' any expense ot damage and the term hereby granted is expressly limited accordingly. -1'':; (I i ;-~~f' 11~lm'17f'"'J'tlY':'f"T1ri"tf'1""dt 1J()J;t:.:(Jo-....;dt'..,:h(!"'"It({rnfl'(T1'tHlT~:mTiT""l!:rf-.;, 4.. -. '-!l's~t!'i:'1'fr'ir;-ffJf"TlU!"'fun-;7'Ii, """:;1j"." <rrrr- pcrfoH1Jance by the Tenant of all the terms, covenants .and conditions of this lease upon the Tenant's ,1JJ;1I:i..4fJ-IJe-/I/;r!ormed. which said sum shall be returned to the Tenant after the time fixed as the eXP.'iration o{!!!.;.JI;,ra"1lI!I'e'/;, provided the Tenant bas fully and faithfully carried out all of said terms, covenants and condition~{'s part to be performed. In the event of a bona fide sale, subject to this lease, the Landlord shall hav'!-,.tb.o,.,,;.gllt'to transfer the security to the vendee for the benefit of the Tenant and the Landlord shall be consi.q~.trreased by the Tenant from all liability for the return of such ,~ecllrity; and tlle Tenant agrees to look t9"J.bl?""tfIJ'W"'Landlord solely for the return of the said security, and it is agreed that this shall appiy to eve~"'(J'f"';;signment made of the' security to a new Landlord. 16th. Tl1,<I.t"<<l~se;;;;;;~y deposited under this lease shall not be mortgaged, assigned or ~ncumber~d by the Tenant without ~,,~,.;,'.";~~~;fi1I'(,.' 1/11 tJJ....Lswull".i l JlLl ~. ... J ...4 ~ U ~L . J I . L............ 17th. It is expressly understood and agreed that in case the demised premises shall be deserted or vacated, or if default be made in the payment of the rent or any part thereof as herein specified, or if, without the consent of the Landlord, the Tenant shall sell, assign, or mortgage this lease or if default be made in the performance of any of the covenants and agreements in this lease contained on the part of the Tenant to be kept and performed, or if the Tenant shall fail to comply with any of the statutes. ordinances, rules, orders, regulations and requirements of the Federal, State and Local Governments or of any and all their Departments and Bureaus, applicable to said premises, or if the Tenant shall file or there be filed against Tenant a petition in bankruptcy or arrangement, or Tenant be adjudicated a bankrupt or make an assignment for the benefit of creditors or take advantage of any insolvency act, the Landlord may, if the Landlord so elects, at any time thereafter terminate this lease and the term hereof, on giving to the Tenant five days' notice in writing of the Landlord's intention so to do, and this lease and the term hereof shall expire and come to an end on the date fixed in such notice as if the said dat6 were the date originally fixed in this lease for the expiration hereof. Such notice may be given by mail to the Tenant addressed to the demised premises. -t.8th.-.T9"H.~t 'Lt."" ..n~1"' f"" r ...-,l1'^r(! tfJ.... p..-s;-w#- "..- t'~HH:8'\ n.L:....~ vAJ~" rJU,jR8 ,rr. if.i.,. ".., i~ .8.'IJ.,Il.r illf1'<<'4J.41-..;S;':ti.... water used or consumed in or on the said premises, whether determined by meter or otherwise len-the same may be assessed or imposed, and will also pay the expenses for the, meter in the said premises should the latter be required. Tenant shall pay Tenan ' ar 0 the sewer rent or charge imposed upon the building. All such rents or ch s a be paid as additional rent and shall be added to the next month's rent thereafter to ~t1''GUe-. 19th. That the Tenant will not nor will the Tenant permit undertenants or otber persons to do anything in said premises, or bring anything into said premises, or permit anything to be brought into said premises or to be kept therein, which will in any wa,V increase the rate of fire insurance on said demised premises, nor use tbe demised premises or any part thereof, nor suRer or permit their use for any business or purpose which would cause an increase in the rate of fire insurance on said building, and the Tenant agrees to pay on demand any such increase. 20th. The faiiure of the. L. an.dlo~d'.~Q.:".,.... ._.'.,:....;.~..l';,:~.~r.ic. tP.erformance of any of the terms, conditions and covena~ts herein, shall not be deenJed a walve~ 'of, a'tJ1:r~1l~'~iJies tbat the Landlord may hav~, and shall not be deemed a waIver of any subsequent breach or default in the!erm!..co~dt#l'tfo$ and covenants berein contai/led.Tbis instrument may not be changed, modified, discharged or terminated orally. ;~::i P~~l~~ u~:fJ: ~::::~~:~;'jt1'~':=~ft1'1!fj)7;::;~~~ cs:::~ b:,,:';:e:~:::'ir~: i:;e a;:t:u:t~t~~ vesting in such proceeding and Tenant shall bave no claim 'against Landlord for tbe value of any unexpired term of said lease. No part of any award shall belong to the Tenant. . . M.>-r-'--~',,; ''''1'~''1 lti') !i.1i,ifiiil!:or r \ ~ o o 22nd. If alter delault in payment 01 rent or violation 01 any other provision 01 this lease, or upon the expiration 01 this lease, the Tenant .moves out or is dispossessed and lails to remove any trade fixtures or other property prior to such said delault, removal, expiration 01 lease, or prior to tbe issuance 01 the final order or execution 01 the warrant, then and in that event, tbe said fixtures and property sball be deemed abandoned by tbe said Tenant and sball become the property 01 the Landlord. 23rd. In the event tbat the relation 01 tbe Landlord and TenaD,t may cease or terminate by reason 01 the re-entry 01 the Landlord under the terms and covenants contained in tbis lease or by tbe ejectment 01 the Tenant by summary proceedings or otherwise, or alter the abandonment 01 tbe premises by tbe Tenant, it is bereby agreed tbat the Tenant shall remain liable and shall pay in monthly payments tbe rent which accrues subsequent to the re-entry by the Landlord, and the Tenant expressly agrees to pay as damages lor the breach 01 the covenants herein contained, the difference between the rent reserved and the rent collected and received, if any, by tbe Landlord during tbe remainder 01 the unexpired term, such difference or deficiency between the rent herein reserved and tbe rent collected if any, sball become due and payable in monthly payments during the remainder 01 the unexpired term, as the amounts 01 such difference or deficiency shalllrom time to time be ascertained; and it is 1T{utually agreed between Landlord and Tenant that the respective parties hereto shall and hereby do waive trial by jury in any action, proceeding or counterclaim brought by either 01 the parties against the other on any matters whatsoever arising out 01 or in any way connected with this lease, the Tenant's use or occupancy 01 said premises, and/or any claim 01 injury or damage. 24th. The Tenant waives all rights to redeem under any law 01 the State 01 New York. 25th. This lease and the obligation 01 Tenant to pay rent hereunder and perform all 01 the other covenants and agree- ments hereunder on part 01 Tenant to be performed shall in nowise be affected, impaired or excused because Landlord is unable to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or is delayed in making any repairs, additions, alterations or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if Landlord is prevented or delayed from so doing by reason of governmental preemption in connec- tion with a National Emergency or in connection with any rule, order or regulation 01 any department or subdivision thereof of any governmental agency or by reason of the condition of supply and demand whicb have been or are affected by war or other emergency. 26th. No diminution or abatement of rent, or other compensation, shall be claimed or allowed for inconvenience or discom- fort arising from the making of repairs or improvements to the building or to its appliances, nor for any space taken to comply with any law, ordinance or order of a governmental authority. In respect to the various "services," if any, herein expressly or impliedly agreed to be furnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement of the rent, or any other compensation, for interruption or curtailment 01 such "service" when such interruption or curtailment shall be due to accident, alterations or repairs desirable or necessary to be made or to inability or difliculty in securing supplies or labor for the maintenance of such "service" or to some other cause, not gross negligence on the part of the Landlord. No such interruption or curtailment of any such "service" shall be deemed a constructive eviction. The Landlord shall not be required to furnish, and the Tenant shalI not be entitled to receive, any of such "services" during any period wherein the Tenant shalI be in default in respect to the payment 01 rent. Neither shalI there be any abatement or diminution of rent because of making of repairs, improvements or decorations to the demised premises alter the date above fixed for the commencement 01 the term, it being understood that rent shalI, in any event, commence to run at sucb date so above fixed. ...;uth._.c...aMl.(U;.d...~/1,~1{ -I1Rt.ll~ /j~N~ t~s:. failure to git;e f!0s.w..~~IJ..2f the" prerpises up,o..n..c?!!!~.e..n;.ement...date by rea,~?!!..!:1..!.!!.!!- ..f;:!,{;J...J.b..1t...J)I.IWJ~f.Ui <H'e pot read3, tpf. pC~liUUHlcK or pl}cause a rior Tenant or an other erson IS wron 1uTr;"'G;/din/L?/!!!.,.!:!- _is..i.P..l'aAA~{llllJ9SIitl~1~iOf} or fQL.ilQy" Q~ber reasRn. '(he f~Qt ~{1all not commence unti .possessIon is gIven or IS available, but . the. tc!.mJ!cr,.f!,i.!u.!],~!.1!ot be extend;d;..J4u ;;'h. 'i~rJniimt haa ordered a tit: Ie lj1t"tlrch of the prfli'l!llscfas end 1s lJ~~~~C th.:;;t title 1" v~Gted, c;: record. in l..::m.dlcrd and Albert G. \~ood. ulndLoz:d l..~:.'~n(;~jl.taJ that Albert G. \vood W::l/1J t:nrrl<:d to 11('1:', tbat they WCI.'O (~.101:C{j. ./. tLGt hra died in November 1969. withoul'': ie,caving" ~Jl11. DO f.:.u: r.;~J rj,'; .J".. Lcndlord therefore blOlicvC3 thill; title is hnlf ill her .an.a hnL= in ': c;:lil"h::ca, 48 hoire of ^lbm:t G. tloC'd. l~or chil.dren aroin:tnors .-:'nd {',:Q b' '.:; CO~:1Ilf.:;t;(:rJ.t, becauso of their .or::iO. to aigo a l~a'e. Other tll/ti.l i;~r; L;.;;:;'.:cJ l:L;..:::v~.- t.t: lO1::d It::kc& no f.'c.~ir~;:a'.;:~.I';:":; tlcn .r:lG to u& o.ncr~1:J.p of c;u: \..l,.....:::~i~cd :.", , ~,t.y .Gnu dOErs not .a&rc~ t:~ h\'ild &( ':;,'" ;It l).Q;anless from any c Li11m by ~ \;;f,,:..:z:d l(;'.~r,;y for r~nt or uoe 0:1: thQ l)Z'c;;.lol.;.!~" 2.CU.. T'('L,;1nt fLay Qnt,~r tl~t!. pr{::;.:t:'t.~ b:::-fo1i:e the bcainn1ng of th'J lC1f'lJ tnrQ ~~ ;~,~;c .:~;?:n.trccSr and .~lu:ub~l &::~~~ tl?~ lnnd, remove wooden :r(y.J::w~r;o UO"W ~.. ...,1) f-.,.,.1sea and mO"...o.: a h"", 't .......~,IP f"C;::1 one p;:;;rt of tha l'r(,:":;;L:;;.;~; 1;.:0 .,,'-; tl;":,: F:xt, but tho d~lttt11ne i~~iJ:>i) ,,:wU. not bo Iiloved, and th:: co; ~ of lilO] ''';';T'~'. clC','I'O under this p:zn:'c.cr.cph C:/ril.tl r.ot bo ~o1mbursGd by the LundloA:d. Tho 'l'Ct, ~.r;;: r.;::.:-:;y also dotha wo:c;k p01."'m1ttcd under thi. 1*"agraph aftm: tbe lean. Ii tCi;r;j1 bczina. I 11 i I II I' t! Alld the said Landlord doth covenant that the said Tenant on paying the said yearly rent, and performing the covenants aforesaid, shall and may peacefully and quietly have, hold anq enjoy the said demised premises for the term aforesaid. pro- vided however, that this covenant shalI be conditioned upon the retention of title to the premises by the Landlord. %lnb it is mutuaUp unberstoob anb agreeb that the covenants and agreements contained in the within lease shall be binding upon the parties bereto and upon their respective successors, heirs, executors and administrators. ~n Witness Wbereof. the parties have interchangeably set their hands and seals (or caused these presents to be signed by their proper corporate oflicers and caused tbeir proper corporate seal to be bereto aflixed) tbis . day of F~bruar1, 19 72. Signed, sealed and delivered in the presence 01 ~~ "r ~,_ ~ "'/'.I,.1\~,. ?-,~~ ...._...,. ............ 1 ""A Gaz:.iHIN -~L.._......_........_..._-_..._.._..........__...._.__............._....._.................................L. S. S.\}.VATOlm WlUA . _~L......_........._.........._._...._.._......._._......_......_.........................,.............L. s. PHILIP toaIA ~/.......___..___.._.._____.___.._.....................................L. s. JOAN 11. WOOD :;"~ ~1~, rJ'. GlUFnNG,. .lB.. 4. , r "I [" j rnI ~ If r 1 tb,.:", :~: '._'__'~'__~ o o RID 1m. TO LEASE'i t.JOOD TO LOR:{A 29th. Landlord will not sell the leased premises during th term of the lease without first offering them for sale to the Tenant on the same terms. Landlord will mail the Tenant a ~Jritten statement of any proposed te1."IUS of sa le and Tenant sha 11 give the Landlord a written consent to be bound by those terms. together with the appropriato contract deposit, within 30 days after the Tenant receives the Landlord's statement of the terms f the proposed sa le and time aha L1 be deemed of the essence with respect to the exercise of this option. This option shall not apply to a sale by a purchaser from the Landlord to another party. 30th. Tenant will pay, as additional rent, any increment to the land taxes paid by the Lond lord over the amount payab la for the fiscal year t972. Landlord witl give notice of the amourt of the increase for any ye.nr after 1972, to the Tenant within a ~1eck after she receive3 the t.'):;t hill. and Tenant will pay half the increment before J,:iUI.H1'ry let and the other hn If befor(~ n.,)' tf: t in. each YOl;lr. The inc:1;'cm:;nt nhr.t 11 be pro-rated for fisca l 19./7 tlnd the Tenant sl1,a 11 pfJy on<'l-third of an.y increment: for tlVJ t yc;n. 31st. The pnrticr::. n~~.t'(e th:lt no broker brought aboL1t thIs lcane. 'l't.mllnt will hoLd V1P.d lord harmless from any e;;;pcnsc or tiabi lity on account oE a c l.aun by a real estate broker fOl~ a fea. 32nd. Tenant mny <..h~cd;:/;:l the rcconlc Day, or otbcn ':i.r.e ur.~:) the umcl under the t\1atir':;l:~, of the::: Day, to the eictent peTtl!!:i.t Lcd by /'.It'1 Lind Ten.emf.: sho 1 I. h.o 1<1 1.(H1.d lo:ed h;:a~mlesa from any (;,'Ai:pcnr:e or lL1bility em account of a c l::d.m by the aCate or any munlcij\:] 1. cu1.;hm:ity that l'cm.1nt in tl:t:u\,:;:Lng or other use of land uwl{~:t' \~'nter is or m~1y be ir,"ip1:opt.:r. 33rd. If Land lord bc:lngiJ f:Ud-r[iVJry proceedings, 01: any I]ctiOi (it lnw ne.cl:1snary to 11J:otec~: O;t' (:ni:orce her rights l.lu:.br thin f..:;:wc on aCCollnt of '.l'cn~lnt' s b::~('ach of a prpvio:J.on of thin 11";'1 :::<~ ;::111 oft.andlox'd' u (;:cpcnr:q;:I inc hIding attorneys' fce s of no JX~C;G Uli:'lrl $350.00, fJha 1 t bo '('c:1.ulLurncd by the TC'LUHlt as addition;: 1 rent paj1:ble ul1der this lease. 34th. 'I'erU:1nt wi 11 procur(~ a liability insurance policy tviti the Inndlord as a co"'incured with limits of $ 1.00 ,000.00/ $300,000.00 for persotw1 injuries and $25,000.00 for property dan~ges, and Tcr~nt will procure a fire insurance policy with Lnndlord as a co-insured, to cover both Land lord's and Tenont' s interest, for the dwelling house with $15,000.00 1n cover4l~;a. For each year of the lease te~im tlwt Tenant does not use the building Tenant may deduct from the monthly installment of rent next payable after the fire insurance premium is paid, tho full D.mount of the annuaL fire insurance premium, but if Tenant uses the building, then there shalL he no offset to the rent. 1. .. ~ '&tate of ~etu !lork, l!l:ount!' of o I""" o On the day 01 19 . before me personally came to me known and known to me to be the individual 'described in, and who executed, the foregoing instrument, and acknowledged to. me that he executed tbe same. .. " . ga,tate of j}etu ~ork, ~ount!' of } 55.: On the day of 19 . belore me personally came to me known, who, being bi me duly sworn, did depose and say that he resides at No. that he is the 01 the corporation mentioned in, and which executed, the lore going instr~ment,. that he knows the seal of said corpora- tion; that' the seal at1ixed to said instrument is such corporate seal; that it was so at1ixed by order of the Board of of said corporation; and that he signed h name thereto by like order. ~! ~ ~ ~ ~ ~ 0\ ., i i I i I i i i I oJ " ... III l:l 3Jn ttomHberation 01 the letting of the premises within mentioned to the within named Tenant and the sum of $1.00 paid to the undersigned by the within named Landlord, the undersigned do hereby covenant and agree, to and with the Landlord and the Landlord's legal representatives, that if default shall at any time be made by the said Tenant in the payment of the rent and the performance of the covenants contained in the within lease, on the Tenant's part to be paid and performed, that the undersigned will well and truly pay the said rent, or any arrears thereof, that may re- main due unto the said Landlord, and also pay all damages that may arise in consequence of the non-performance of said covenants, or either of them, without requiring notice of any such default from the said Landlord. The undersigned hereby waives all right to trial by jury in any action or proceeding hereinafter instituted by the Landlord, to which the undersigned may be a party. 3Jn wmitne55 Bbereof, the undersigned ha .19 set hand and seal tbis day of WITNESS ...........................-..--....-.............-......-...........-.............._.._...............L. S.