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TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 1347 REHEARING Dated May 27, 1970
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF $OUTMOLD
To James Warner, Paul Winters & Mark F. Madaio
173 Oregon Road
Cutchogue, New York
AppeLant
at a meeting of the Zoning Board of Appeals on I~rch
was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access to property
(~) Request for a special exception umder the Zoning 0rdinanee
( ) Request for a variance to the Zoning Ordinance
( )
18, 1971 the appeai
1. SPECIAL EXCEPTION. By resolu~on ~ the Board ~ was d~ermined that a special exception ( ) be
~anied ( ) be den~d pursuant to Article .................... Section .................... Subsection .................... paragra~
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed beeauso 8:30 P.M. (E.D.~.T., upon application of James Warner,
Paul Winters and Mark F. Madaio, 173 Oregon Road, Cutchogue, New
York, for a special exception in accordance with the Zoning
0rdinauce, Article III, Section 300, Subsection 5 (d), for
permission to establish and maintain stables for boarding and riding
horses. Location of property: land of Dominick Mavellia, north
side of Oregon Road, Cutchogue, New York, bounded north by L. I.
Sound, east by Graphic Arts Management Corp., south by Oregon Road,
west by Vincent Zimnoski.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
practical difficulties
SEE REVERSE
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by ail properties
alike in the immediate vicinity of this property and in the same use district because
SEE REYEHSE
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
SEE REVERSE
(wo~d n~)
that the previous decisions of the Building Inspector (
FORM ZB4
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and
) be confirmed ( ) be reversed.
SEE REVERSE
~ ~ . / ZONING BOARD OF APPI~MLS
--¥VQ~~~/{(aroor~e McDermott, Secretary
~~ 0~ ~]~ ~ Southold Town Board of Appeals
After investigation and inspection the Board finds that the
applicant on Appeal No. 1347, dated May 27, 1970~ requests
permission to establish and maintain stables for boarding and riding
horses under the name of Royal Flush Stables on land of Domiuick
Mavellia, north side of Oregon Road, Mattituck, New York. It was
claimed on the original application that facilities will consist of
and include the following: 15 to 25 horses; sufficient stall areas;
37 acres of trail and grazing land; capable staff on premises at
all times.
The Board finds that the applicant has not observed the terms
of the special exception granted on June 18, 1970 which were: that
applicant agrees not to offer horses for use south of Oregon Road;
and that riding area to which this special exception applies be
conti~uous to property, and that the authority to ride over this
property be reinforced with written permission.
The Board also finds that the reason for the rehearing has been
exceptionally well documented by the Suffolk County ~epartment of
Health, the Police Department, and petiti0us from a great many
farmers and residents. The applicant violated the principle of
keepiug horses ou the property. A most serious matter is the spread
of golden nematode which can be spread by horses roaming at will
from one property to another.
The findings of the Board are that they have no choice other
than to rescind this special exception and to demand that the
applicant close up the stable. The Board set 30 days from today as the
length of time in which applicant can dispose of horses other than
their own family owned horses.
The Board finds that the public convenience and welfare and
justice will not be served and the legally established or permitted
use of neighborhood property and adjoining use districts will be
permauently or substautially injured and the spirit of the
Ordinance will not be observed.
THER~_~'ORE, IT WAS RESOLVED James Warner, Paul Winters, and
Mark F. Madalo, 4055 Oregon Road, Cutchogue, New York, be DENIED
permission to operate a horseback riding stable north side of
Oregon Road, Mattituck, New York, for the following reasons:
The applicant violated the principle of keeping horses
on the property.
Co~plaints have been well documented by the Suffolk County
Department of Health, the Police Department, and petitions
from farmers and residents.
This DENIAL is subject to the following condition:
Horses that are not family owned must be disposed of
within 30 days from today's date.
Vote of the Board: Ayes:- Messrs: Gillispie, Hulse, Doyen.
TOWN OF SOUTHOIA), NEW YORK
ACTION OF THE ZONE~G BOARD OF APPEALS
Appeal NO. 1347 Dated MA~. 2 7 m0
ACTION OF TI-HE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To James Warner, Paul Winters & Mark P. Madalo
173 Oregon Road
Cutcho_~ue. New York
at a meeting of the Zoning Board of Appeals on ~Tune 18, 1970
was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access to property
(X) Request for a special exception under the Zoning Ordinance
( ) Request for a variance to the Zoning Ordinance
( )
Appciiant
the appeal
1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
granted ( ) be denied pursuant to Article .................... Section .................... Subsection ...... .'. ............ paragraph
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because 8.~00 P.M. (E.S.T.), upon application of James Warner,
Paul Winters, and Mark F. Madalo, 173 Oregon Road, Cutchogue,
New York, for a special exception in accordance with Zoning
Ordinance, Article IIZ, Section 300, Subsection Sd, for per-
mission to establish and maintain stables for boarding and
riding horses. Location of property: land of Dominick Mavellia,
north side of Oregon Road, Mattituck, New York, bounded north
by L. I. Sound, east by Graphic Arts Management Corp., south
by Oregon Road, west by Vincent Zimoski. Fee paid $5.00.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical difficulties
hardship because
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(would not)
and therefore, it was further determined that the requested variance ( ) be granted (
that the previous deeisians of the Building Inspector ( be confirmed ( ) be reversed.
FORM ZB4
) be denied and
APPRUVED zo.,.o BO~AJU) OF A?I:~A~S ~
~ ~ ~ ~ ~Jo~e M~e~mott, Secretary
~ ~,~~ .{//Southold To~ Board of Appeals
After investigation and inspection the Board finds that
the applicant requests permission to establish and maintain
stables for boarding and riding horses under the name of
Royal Flush Stables on land of Dominick Mavellia, north side
of Oregon Road, Mattituck,' New York. The facilities will
consist of and include the following: 15 to 25 horses;
sufficient stall areas; 37 acres trail and grazing land;
capable staff on premises at all times.
Tw~i~'ORE, IT WAS RESOLVED James Warner, Paul Winters,
and Mark F. Madalo, 4055 Oregon Road, Cutchogue, New York,
be GRANTED permission for a two year period (subject to renewal)
to operate a horseback riding stable north side of Oregon Road,
Mattituck, New York, subject to the following conditions:
1. That applicant agrees not to offer horses for use south
Oregon Road.
2. That riding area to which this special exception applies
be that contiguous to property and that the authority ~to ride
over this property be reinforced with written permission.
Vote of the Board: Ayes:- M~ssrs. Robert W. Gillispie,
Bergem, C~rigonis, Doyen, Rulse.
~Notice o~ Hear/rigs
Pursuant to Section 267 of the ~own Law and the
provisions of the amended Building Zone Ordinance of the
To~n of Southold~ Suffolk Co~nty~ ~ York~ public
heatings will be held by the Zoning Board of Appeals
of -the Town of Southold~ at the ~'~n Office~ ~ain Road~
Southold~ New York~ on June i8~ 1970 on thm folto~ing
appeals ~
7~30 P.Mo (E.D.S.T.)~ upon application of Joseph
D. Zaisez~ k4ii! Creek Drive. Southo!d~ Ne%v Yezk~ for a
variance in accordance with the Zoning Ord!na~nce~ Article
IIt~ Section 300~ Subsection 6~ for permission to loca~
carport (accessory use) in front yard mrea~ Location of
property: east side oE Mill Creek Drive~ So~thold~ N~
York~ bounded nor~% by Wm~ Jo ~iilier~ east by Mill Cmeek~
south by P~ Forestie~l, west by Mill Creek Drive~
7:45 P.M. (~.DoB~T.}~ upon application of Andrew
Cyprus. ~8-05 171st Street~ J~aica~ N~ -fork, for a
variance in accordance with the Zoning Ordinance~ Article
XII~ Section 305~ for permission to build ne~ one family
d~elllng with reduced front yard setback:
property: south side of Sound Beach Drive,
Kidd Estates~ part Of Lot % 14~ ~ttituck~
L¢cation of
~ap of Capt.
N~ York~
E:O0 P.M~ (E.D~S~T.)~ upon application of Jame~
Wa~ne~ Paul W~ters~ & ~ark ~ ~4adale~ 173 O~egon Road~
~y ~on d~g to ~ h~d on ~e ~e a~l~ti~s
~I~OWN OF 8OUTHOLD, NEW YORK
APPLICATION FO~ SPEC~ EXCEI~ION
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y.
Street and Number
Municipality State
hereby apply ~o THE ZONING BOARdeD OF APPEAI~ for a SPECIAL EXCEPTION in accordance with the
ZONING ORDINANCE ARTICLE f [ ( SECTION ~ ~(~ ~
THE SPECIAL EX~ION IS REQUESTED BECAUSE
STATE OF NEW YORK )
Notary Public
~'TARY PUBLIC,
~slding iff
FORNI ZB2
Notice of
Hearings
Pursuant to Section 267 of the
Town Law and the provisions of
the amended Building Zone
Ordinance of the Town of
Southold, Suffolk County, New
York, public hearings will be held
by the Zoning Board of Appeals of
the Town of Southold, at the Town
Office, Main Road, Southold,
New York, on March 18, 1971 on
the following appeals:
7:30 P.M. (E.S.T.), upon ap-
plication of Wilbur Verity, 1130
Pacific Street, Baldwin, New
York, for a variance in ac-
cordance with the Zoning Or-
diuanco, Article III, Section 306,
for permission to 'erect one
family dwelling with insuficient
frontyard setback. Location of
I~-operty; Northeast corner of
Cedar Lane and Summitt Road,
Lot No. 8 on map.of Bayside
Terrace, Southuld, New York.
7:45 P.M. (E.S.TJ upon ap-
plication of Rosemary Skye
Morltt, 117 State Street,
Brooklyn, New York, for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 300, Subsection 1, and
Article III, Section 303, for per-
mission to convert existing ac-
cessory building into one family
dwelling. Location of property:
fight-of- way off east side of
Camp Mineein Road, Mattituck~,
New York~ bounded north by
private road, east by E.L.
Daneri, south by Great Peeoalc
Bay, west by L.D. Howell Estate.
8:00 P.M. (E.S.T.), upon ap-
plicatiun of Peter E. Swahn, Park
Avenue, Mattituck, New York,
for a variance in accordance with
the Zoning Ordanee, Article III,
Section 306, for permission to
erect one family dwelling with
insufficient fruntyard setback.
Location of property: south end
of Bennett's Pond Lane, Lot No.
5, Map of Bennett's Pond, Mat-
tictack, New York.
8:30P.M. (E.S.T.), Pursuant to
Section 267, Subdivision $ of the
Town Law, of the State of New
York, on the Board's motion, a
rehearing on Appeal No. 1347;
upon application of James
Warner, Paul Winters, & Mark F.
Madaio, 173 Oregon Road, Cut-
ehogue, New York, for a special ·
exception in accordance with the
Zoning Ordinance, .'Article III,
Section 300, Subsection $ (d), for
permission to establish and
maintain stables for boarding
and riding horses. Location of
property: land of Dominick
Mavellia, north side of Oregon
Road, Cutchogue, New York,
bounded north by L.I. Sound, east
by Graphic Arts Management
Corp., south by Oregon Road,
west by Vincent gimnoskL
Any person desiring to be heard
on the above applications should
appear at the time and place
specified.
DATED: FEBRUARY ,11, 1971,
BY ORDER OF THE
SOUTHOLD TOWN BOARD OF
APPEALS
COUNTY OF SUFFOLK,
STATE OF NEW YORK, ~ ss:
.~...~.~.~:k.~;.:..~.;..~C~..~?.~.c:.~.~.~.' *.... ~ing duly Sworn,
s~s that . ~ .. ~ is Printer and Publisher of ~e SUFFOLK
~EEKLY TIMES, a news~per publish~ at Greenport, in said
county; and ~at the noti~, of which the ~e~d is ~ ~int~
~py, has ~en published in the ~id Suf~lk Week~ Times
~nce in e~ch w~k, tot ...... ~i~ ................ week~
suc~ssively ~mmencing on ~he . ~!-~>.: ..........
day of ..~ ~.~~ ~
~~ ~: ..........................
Swan to ~fore me this . .~.'~'.....
I
day of .. ~ ...... 19~/-.,
..... · ............
S-~ii~FOLK countY'
DEPARTMENT OF HEALTH
SUFFOLK COUNTY CENTER
'- =OIVI$1ON OF ENVIRONM£NTAL=~
H I:'ALTH SERVICES
DIRECTOR
March 8, 1971
Mr. Robert W. Gillispie, Jr.
Chairman
Southold Town Board of Appeals
Southold, New York 11971
Dear Mr. Gillispie:
This is in reference to your letter
of February 23, 1971 regarding the Royal Flush Stables.
We will be pleased to have Mr. James
Corbin, Senior Sanitarian, present at the hearing on
March 18, 1971 at 8:30 P.~. as you have requested.
Very truly ~s,
Sidney ~ Beckwith, Chief
Housing and General Sanitation
SEB: em
cc: Mr. Corbin
8-0-70
8-~-?0
8-~-70
8 -18 -70
8..,~0,.70
8-,?.1-70
9-1-70
9-1-70
9-9-70
9-17-70
10-6-70
10..8 -70
:1.2 -7-'/'0
1~-7-70
12 -11-70
Rr'. lbe~'vlth DA'~'~t Ym.z,c~ 2~ :L,971
Jame~ L, Co.bin
Cce~latnt reeelved - Supervlso~ Ka.~oochia -
eaaatng health hasard.
Znepeottcn nade - revealed no vtolattmm of S~ffolk County ~ttary Code.
lnepeot/on repo~-t received - R~vard Terry - So~thold teen Imtldiug tnepeotor.
~lncz0meus cc~laint r~etved - Re~ ~proper e+,orage of horee na~u~eo
:~lrpeot,:Lo~, Imu/e - ~ealed acme mmu'e on.
Xaapeot.tm Bade - 1~. Xadio (t~aaat) vas a~ked ~o spread ont minute to eltninate
odors,
Imspeotion made - ma~w~e - ~ to olea~ up.
Letter sent, to Hr. )builo- regara4n_~ nanure.
~ laade - 1~, Nadto stated etablee uill be oloeed for ttm week~ -
Letter se~t - ~r. Hadio - regara~n_- nmmre.
Tnwpect,tcn made - manure et~!~ pre, eat - no change
Xnforaattcn signed aga~at Mr.
lfev Tenant - Nr. Jenea Warner - begina/ng to elean stables.
Letter sent to Rt. Warner - regal*n_- manure. Piled
Tn~peott~ revealed many ptlee of ~mmlre pr~e/lt.
Tn~peotton made - revealed manure ren~v~d out of barn~ and ~orrale -
odor preaent
~ ~mmplatnt re~tved - Rel dagd boise in stable
lnapeetten earle - hor~e buried.
C~la/at ree~ved - ~.
frose~ potages and ~a%treeeeo about the prc~er~ - nmmre ~t.
2-11-?0
2 -19-70
Zuo~oet,:l.eu -,,de - ~s~ea.led horse z*euovucl t,o ~ - no v/o~,,t,:Lon o~' the
APPEAL BOARD
MEMBER
Robert "X/. Gil[ispie, Jr., Chairman
Robert Bcrscn
Charles Grisonis, Jr.
Serse Doyen, Jr.
Fred Hulse, Jr.
$outhold Town Board of Appeals
-~ClUTHOLD, L. I., N. Y. 119~1
Telephone 765-2660
February 23, 1971
Supervisor Albert M. Martocchia
16 South Street
Greenport, New York 11944
Dear Mr. Martocchia;
At 8:30 P.M., Thursday, March 18, 1971, the Board of Appeals
will hold a re-hearing on Appeal No. 1347 - (Royal Flush Stables)
James Warner, Paul Winters, & Mark F. Madaio, 173 Oregon Road,
Cutchogue, New York, concerning a number of complaints which have
been received by various departments of the Town Government.
Please send us copies of all the complaints and correspondence
which you have on file in your office in regard to the above matter.
RWG/b n
Very truly yours,
Robert W. Gillispie, Jr., Chairman
Southold Town Board of Appeals
February ~8,
The Town Board of the Tow~ of Southold
~6 South Street
Greenport, New York
Attention: Mr. Albert Martocchia
Supervisor
Dear Mr. Martocchia:
We the undersigned are owners and/or operators of active
farms along Oregon Road, at Mattituck and Cutchogue, New York.
As you are aware the farms in this area have been plagued in
recent years by golden nematode.
At the present time a Mr. James Warner, doing busi~e~ as
Royal Flush Stables located on the northerly side of Ore~en Road
approximately 900 feet easterly from Elijah's Lane, is operating
a horse stable. Mr. Warner has allowed the horses in his charge
to roam at will over the neighboring farm fields. This has been
so despite the repeated efforts of some of the undersigmed and
the local Southold Town Police to prevent this.
We have notified the New York State Department of Agriculture
and Markets that unless Mr. Warner's horses are prevented from
trespassing on the neighboring farm lands, there is a distinct
possibility, as the warm weather approaches, that there will be a
spreading and reinfestation of golden nematode by the horses as
they wander from farm to farm~
You are hereby notified that unless something is done the
agricultural industry in this area could be adversely effected.
We are petitioning you the Town Board to look into this
problem, and we respectfully request that you see to it that
adequate safeguards be taken or that this horse stable be closed
until the golden nematode problem is finally cleared.
Thanking you in advance for your attention to this serious
problem~ we are
NAME ADDRESS
NAfflE
ADDRESS
March
Southold Town Zoning Board of Appeals
Main Road
Southold, New York
Attention: Y~r. Robert Gillispie~ Chairman
Dear Y~r. Gillispie:
We the u~dersigned are residents of Oregon Road, at Mattituck
and Cutchogue, New York. At the present time a Mr. James Warner,
doimg business as Royal Flush Stables, is operating a horse stable
on the north side of Oregon Road, approximately 900 £eet-easterly
from Elijah's Lane. We understamd that Mr. Warner is able to o~er-
ate this horse stable because o£ a special e~ception of the zonmng
ordinance previously granted by the Board o£ Appeals.
The Board of Appeals should closely evaluate the past operation
of this horse stable and check with the Southold Town Police, and
the New York State Department of Conservation before making any
decision on the rehearing of this application.
We are requesting that you reverse your decision and deny any
special e~ception granting the applicant the right to operate a
horse stable on this property for the following reasons:
The operation of this stable has been a general
nuisance. Not only to the residents of the neighborhood
but to the people of Southold Town, in that it has been
an attraction for "rock festivals" and gathering of
other unsavory groups, which have disturbed the other-
wise peaceful atmosphere of this rural community.
The operators of this horse stable, past and present
have completely disregarded the property rights of the
surrounding neighbors in that they have allowed their
horses to roam at will over the neighboring farm fields
and ha~e allowed their customers to ride horses off the
property across the farm fields and along the beach,
frightening bathers and fishermen.
The competence of the operator of this horse stable
is seriously questioned, in that the horses boarded
are in a deplorable physical condition.
The operation of this stable has created a dangerous
traffic situation, because at various group gatherings
motor vehicles are parked on Oregon Road, blocking the
normal flow of traffic. During the "gatherings", motor-
cycles race up and down in front of the property on
Oregon Road, with the riders performing acrobatics,
thereby causing a dangerous traffic condition. In
addition the tenants have erected an electrified fence
on Town property which creates a potential hazard.
- 2
The farms along Oregon Road have been plagued in
recent years with golden nematode. The operation of
this horse stable is a threat to the agricultural
industry in this area, in that there is a distinct
possibility that the horses are spreading the
nematode as they wander aimlessly from farm to farm.
Respectfully submitted,
NAME ADDRESS
N~I~m
~D~SS
ii
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C.~ur~l ComplslnC N~. I H~ml~c o~ Occ. S~c~or
February 23, 1971
Sidney Beckwith, Deputy Commissioner
Suffolk County Board of Health
County Center
Rlverhead, New York 11901
Dear
At 8~30 P.M., Thursday, March 18, 1971, the Board of Appeals
will hold a re-hearing on Appeal No. 1347 - (Royal Flush B~bles}
James Warner, Paul Winters, & Mark F. Madaio, 173 Oregon Road,
Cutchogue, Ne~ York, concerning a number of complaints which have
been received by various departments of the Town Government.
Our understanding is that the Board of Health has examined
these premises several thaes recently and it would be helpful if
a representative of the Board of Health could appear at this
hearing and testify.
If no one is able t~ appear in person, we would appreciate
hav~ng a report f~om you which wa can read at the hearing and
put into the record.
Very truly yours,
Robert W. Glllispie, Jr., Chairman
Southold Town Board of Appeals
awG/bn
February 23, 1971
Carl Cataldo, Chief of Police
Southold Town Police Dept.
Peconic Lane
Peconic, New York 11958
Dear Mr. Cataldo~
At 8~30 P.M., Thursday, March 18, 1971, the Board of Appeals
w~11 hold a re-hearing on Appeal No. 1347 - (Royal Flush S~ables}
James Warner, Paul Winters, & Mark F. Madaio, 173 Oregon Road,
Cutchogue, ~ew York, concerning a number of complaints which have
been received by various departments of the Town Government.
Xt is our understanding that the Police Dept. has received
several complaints in reference to the above premises. Please
send us copies of the records on all of the c~plaints that you
have received.
Also, it would be helpful if a member of the Police Dept.
could appear at this hearing and testify.
RWG/bn
Very ~ruly yours,
Robert W. Gillisple, Jr., Chairman
Southold To~n Board of Ap~als
February 23, 1971
Su~ervisor Albert M.
16 South Street
Greenport, New York
Martocchia
11944
Dear Mr. Martocchia~
-At 8s30 P.M., Thursday, March 18, 1971, the Board of Appeals
wi1~ hold a re-hearing on Appeal No. 1347 - (Royal Plush Stables)
James Warner, Paul Winters° & Mark P. Madaio, 173 Oregon Road,
Cutchogue~ New York, concerning a number of complaints which have
been received by various departments of the Town Government.
-Please send us copies of all the co~plaints and correspondence
which you have on file in your office in regard to the above matter.
RWG/bn
Very truly yours,
Robert W. Gillisl~ie, Jr., Chairman
Southold Town Board of Appeals
this day of 0
executed lite foregoing instrnment, alld
0
, 19 , before me personally appeared
to me known to be the individual
duly acknowledged to me that he
described in and who
executed the same.
STATE OF
day of
, 19 , before me personally came
to me known, who, being by me duly sworn, did depose and say that he resides in
Ihal he is the
of
thc corporafi.n mcntloncd in, and vs'hich executed, the foregoing instrmnent; that he knows the seal of said corporation
that Ihe seal affixed to said instrumenl is such corporate seal; that it was so affixed by order of the Board of
t,f said corporation; and lhat he signed h name thereto by llke order.
GUARANTY
To induce the Landlord within named to enter into the foregoing lease of the premlseo des
with the Tenant within named, and also in consi · ' * ·
by the Landlord within na ed th ..... .dera.tmn of the sum of 0 - n~- ...... crt. bed th. erom to and
t.he Landlord and to the au~c;'s.=-~-'-cc--e~lpt o.t which ,s hereby acknowled~eed",~.'~'"~L~°- tn.e un.o.ers~gned m hand pa d
t,pn.al rent" within provided fo~°i',.~ a,~n_a _assigns of the Laridlord, the pa~e~t"~v'~u~e~rs_'gne? ri.e~.eb~ guarantees to
_o.~ tile wlt.h.~n lease on the part ~f t'~"e'l~,~-P-e-r.z°.r.?-anco b,y the Tenan.t of all the otL~'~:r~e~na-n-~ os tile rent and ':addi-
~lvail to all extel~lons of time that a~''~ o? perzormed. Not~ce of all defanlts-i~-~:l..c~°~vena,nts and cond~tions
Dated,
, 19
...................................................................................................... (L.
PREMISES
TERM
RENT
REPAIRS
ORDINANCE~
MOVING
INJURY
SURRENDER
INDEMNIFY
LANDLORD
WATEI
EHARGES.
ETC.
FIRE. ETC..
CLA USE
DEFAULTS
FIVE-DA y
NOTICE
RIGHTS
UPON
DEFAULTS,
EE-ENTRY
RELETTING
THIS LEASE, made the I SI' day of ~l~y i , 1970, between
DOMIN1CK MAVELLIA. resldingat No. 541 Caledonia Road, Dix Hills, New
York,
MARCO MADAIO, residing at
hereinafter referred to as LANDLORD, and
hereinafter jointly and severally referred to as TENANT.
WITNESSETH, that the Landlord hereby leases to th~.T_e, aaz~.am~~b.v_hlr~s I~ [~[Y~il
the Landlord, all that certain lot of land with the dweiling~~
buildings thereon on the Northerly side o! O~d-(N6i'}.h'K~ MaI'tRuck,
ia the Town of Southold, County of Suffolk and State of New York, having a
frontage on Oregon Road of 396. 72' and a depth of 250'; the demised premises *
to be used and occupie~l, sol_ely a,~a strictly private dwelling for one family only, by the T~nant and the fam[l~f the
Tenant consisting of f. flree~ persona, ~ not otherwise, fora term3 mence on the
day of
April 1972 · 19 , and to end on the
.......... , umess sooner terrgloated as hereinafter provided, at the annual rent
'IHOU~HD EIGHT HUNDRED ($1,800. 00) DOLLARS due and payal~le in advance
in equal monthly lnstallmenr~ of ONE HUNDRED FIFTY ($150. 00) DOLLARS each
on the first day of each and every month during the term.
being boimded on the ~esterly side by lnnd now or formerly of Vincent Zlmnoskl
Estate, and bounded on the easterly side by land formerly of 7uhoskl, later of
Graphic Arts Management Corp.
THE TENANT COVENANTS:
Landlord at NO. ~41 Caledonia Road, Dig Hills, N.Y. 1174~
~e~ulatlens of the New York Eoal ~ a I ~k. om ,1¥ with ~ll I~ws: o!'d~nanccs and governmental re u a .
~ : WA:VER
· ~ BY TENANT
REMEDIES
CUMULATIVE
ALL
KEYS
MORTGAGE
SUBORDI.
NATION
IMPROVE.
MENTS
NOTICF~
NO
LIABILITY
ENTRy.
ETC.
EMINENT
DOMAIN
tECUEITY
"additional rent." becomin- .T:~Y ~._._a~ c.e re?rtL in r~ect t~ ~ dcm a~ , ~mi,.~i:~:~ [ Ju~ m ~ny summary
uant or condition her~f, shall not ~ m full force and effect. The receipt by the ~a~{{'qulahOlent for the future, of such coy.hast or
~av~ ~en ~ade unless expressed in wr:,~med a.w~lver of such breach, and no waive~--?~r~°f ~nt, wRh knowl~ge o[ the breach of --
lug.er assignment shall be made with;~n~xasa signed by.th~ La.dlord. Even though°~h~"e ~ana$ord of any P~vi,ion he~f ,hal{ ~
~ra h~te such ?it~u~nt or instruments shal{ e~ibe ~ade on th, ..... ty ther~f as may bo n~ lien of any such ~orlgage or ..r ~
~[i~enc'3g ~uch su~rd nation for ~nd in +~ .ey-{~.~ o~th~, Tenant, irrevocable to exes-+-y g~t~O 18 express y {italini aceo~lm-{..
or hereafter made th,toro or'b y falbng ) a.s er, or by defect~ n the demi~ emt~e8 or f~m the pipes app aneea o~ ~l am. ga~, t, ~'e ·
at t~e da~ a~ve fixed theref~,m~ce. to ~he Tenant .... aaona~ly voss~cY~t of the term, but th ..... ~lr~_~l~prov,?},ma.
shall be d~med for all pur os the event that the Tenant thu . t~on that the Landlord eonsen ' . .°f the term.
~:y~°~/Z~e~al;f ~h~dlord* No modtficatlon, cancallat on or , ~e, and that such ~ .... . · of tho
~en~ thereb~ mc fred bx the Landlord. so e Tenant wail lem~burse the Lan hall nstRute an actmn or mum
~iUt~e~; EIIias' shall,., the option of the Landlord, exoire re, Says ~r nZi ,true of em sent do. ..... , for ..
P s herc{, otherw.,e prov,d.d, tS and eondihons o~ thIa lease until the
. /
23. ~:he Z~n~t shall fo~, at hie own coat and e~n~, ~t the
~ml~ed ~ell~g house inel~ and out, and ~ke all
la~n5 st~ct~al ~lre[~nd -~ ........ ~lta ~ereto
~ ~ ~ · ,. a.u me wate~ pump~X~-~ plu~g system
24. The Tenser shall ~ ~rmln~ to ~p two (2) hor~a u~a ~e demi~d
premises.
25. The ~edlo~d ~a the H~t to ~as and ~e~aa o~e~ ~e ~eed
p~aea for Ingles and e~aa t~m O~a R~d to o~et pt~t~ own~
· e ~ndlo~d adJo~lag ~e de~a~ previa. ~la H~t shall e~tead to tenants
of a~ adJolaing
26. ~he ~adlo~ ~8e~ee ~he tl~t to sto~ farm lmple~nts and farm
vehicles In ~e de~aed farm buildings, In common with the Tenet herein.
This ~t s~ll Inure to teaanta o~ such adJo~g
~. It Is he.by expressly m~derat~ a~ agreed t~t ~e ~i~t sad au~o~i~
he~ ~ and grant~ to the ~adlord to t~avel ore: the de~iaed premlse~
to u~ ~e farm bull~aga la ~mm~ ~ the Te~nt hete~, sad to insect the
de~ P~eee and ~ke alte~tion8, ~a not lm~ae not d~a the
aaau~ by ~a8~ the~o~ any rea~a8~ill~ o~ lla~lli~ whats~vet ~t ~e ~e
malntenan~, eu~lalon, implement, ~ir ot alte~Uon o~ the ~mlaed
p?emlses.
28. 'l'he Teeant shall forthwith, at his own cost and expense, ~paint the
exteriors of the farm buildings.
QUIET
POSSESSION
MARGINAL
NOTES
THR LANDLORD COVENANTs:
· That If and so [ong as the Tenant pars the rent reserved hereby and er
· e Tenant shah quiet ~ enioF the demised r
vid~ for. and to an, foreclosure of an ~ emlses, subleet however, ~ t~e ,er p for~s and i~elh~li~t:~d P~vlsions
~"~ ................. ~:--' ~:~-'~.*~:~..L.~ ~ ............................... (L. S.)
..... ~ ............ = ......... ~' ............ ~=: ............................................. (~. s.~
Tenant
s
Saddled Up for. Showdown
By Christopher Weber
Mattituck--There's a riding stable here offer-
lng a Sunday special: pay only $1.50 to go horse-
bock riding, then listen to free rock music.
There's no requirement that you ride a horse,
either. But Southold-Town doesn't dig it.
Royal Flush Stables at 173 Oregon Rd. added
the mUSic-to-ride-by special, featuring about nine
bands, last Sunday, according to the stable oper-
ators, Mark Madaio, 27, and John Lambert, 25.
Posters in Riverhcad, Southampton and Matti-
tuck drew about 250 persons last Sunday, Madaio
safd, adding that he expected a larger turnout for
the3 to 10 PM offering this Sunday. Madaio said
that there would be rock music, in spite of a court
order prohibiting it.
'~It's a violation of the zoning ordinance," said
Town Justice Louis C. Demarost, explaining why
the town obtained a State Supreme Court order
to stop the music. The riding stable operates on
37 rented acres under a town permit exempting it
from residential and agricultural, zoning, which
would exclude reek concer~ wi~ admission fee~.
As for the music being free, D~marest said:
"If this is what they claim, I think it would be a
rather weak excuse . . . This (court order) will
probobly take care of the hction."
The court order is temporary, pending argu-
ments Tuesday in Riverhced. It was served yes-
terday by town police. Demarest said that the
town sought it rather than charging a violation of
the zoning ordinance, "in order to bring it to a
halt." Violation of a court order could carry a
hea,dler penalty than the maximum $250 fine and
15 days in jail f~r a zoning violation, he said.
"They haven't liked us since we really got
here" three months ago, Lambert said. "They're
trying to scare us. We have the permit to rent
horses. All it is is $1.50 for horseback riding, and
the music is for free."
Madaio ~aid that the regular rate for renting a
horse would be $4 an hour. The $1.50 special is a
nine or 10-minute ride around a quarter-mile
track, he said. As for the music~ this Sunday's
schedule is to include the Tree Beard, the Smugs
Etc., Kurt Henry and His Friends, Kathy and
Loren, Saddle Rock and Yorkville Grind.
"I'm not paying these bands," Madaio said.
"These groups are all my friends. They come
here to jam."
II