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Home My WebLink About1000-102.-5-22RICHARD F. LARK ATTORNEY AT LAW May 13, 1983 Southold Town Board of Appeals 53095 Main Road - Town Hall Southold, New York 11971 1 ? R£C'O 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 ~nd 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 t~ 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 Cutchoque 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 Southold Town Board of Appeals ATT: Gerard P. Goehringer, Chairman RE: Cutchogue Free Library Page 2 May 13, 1983 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 setback~ 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 Southold Town Board of Appeals ATT: Gerard P. Goehringer, Chairman RE: Cutchogue Free Library Page 3 May 13, 1983 the barrier Law (Public Building Law §51) 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 truly yours, Richard F. L~k RFL:bc Enclosure cc: William Peters, Chairman Cutchogue-New Suffolk Library Expansion Fund Southold Town Planning Board Southold Town Southold Town $ir~: ?lan~ing IBoard Board of Appeals 10 EC'D May 10, 1983 Library Board of Trust.s Dr, Susan Ro~enstraich Vi~e President Robert Shaw Helena Kohn William Gardner Members James Corcoran Robert McAII Lawrence Milius Philip Rysko Virginia Surer Library Dir eater Jane Minerva Library Expansion C~alrman William Peters At the reques~ of Mr. Henry Raynor, enclosed find the Lease Agreement and the Option Agreement between Mr. Richard F. Lark and the Cutchogue Library. ¥0urs~ very truly, Wi±liam Peters, Chairman Cutchogue-New Suffolk Library Rev. Warren S. Beaven, Parish Minister Cutchngue United Methodist Church Win;fred Billard Jane Bleikie John P. Blewett, Pres. New Suffolk Civic A~oc. Marcus R. Bryan, Pres. Birch Hills A~oc. Rev. George Borthwick, Cutchogue Presbyterian Church Frederic J. Bruce, Pres. Nas~u Point Prol~erty Owners A~ociction Marjorle Moore Butterworth Frank Cichanowicz III Gerard M, Conroy, Pres. Broadwaters Alistair Cooke Thomas S. Cottrell, M. D., A~oc. Dean, School of Medicine, SUNY Stony Brook Rev. M~gr. John F. Cwellna, Our Lady of O~trabcama Roman Catholic Church Mrs. George B. Drake Jr. Mrs. Hollia W. Grathwohl William F. Heneghan, M. D. Pr~. Fleet! Neck Prol~erty Owners A~oe. Rev. John P. Henry, Sacred Heart Roman Catholic Church Jame~ Homan Fred W. Kaelln Jr. Chief, Cutchngue Fire Dept. Welter F. Luce, Pres. Cutchogue-New Suffolk Chamber of Commerce Virginia McCaffery, Pres. Cutchogue- New Suffolk Hiatorical Council Sarah Moore Martha J. Paul Jacquellne Penney William Peters, Pres. Namu Farms A~oc. Elizabeth J. Plim~ton Edward A. Purcell, Pres. Kinmgenor Pt. Corp. Alfred Bpiro, M.D. Dir. Def)t. of Pediatric Neurology Albert Einltain College of Medicine Paul Stoutenburgh Bonnie S. Towle, Pres. Friends of the Cutchogua Library Thomaa UMingar Ronnia Wacker John Wickham, Member, Long ialand Regional Planning Comml#lon Par~ to this AGREEMENT The parties agree as follows: March /y 19 82 Landlord: RICHARD F. LARK Addre~fornotices: Main Road, P. O. Box 973, Cutchogue, New York 1193 1. Five (5) years: months: beginning; ending: December 31, 19 86 You. the Tenant: CUTCHOGUE FREE LIBRARY Addre~: Main Road, Cutchogue~ New York 11935 If there are more than one Landlord or Tenant the words "Landlord" and "Tenant" usea in thh L~a_' includes them. .' January 1, ' 1982 Z Driveway and parking area as outlined in red on' the:at~achd, map of property surveyed for Richard F. Lark by Roderick Van Tuyl, P.C. dated December 6, 1977. See Schedu~ A for-description whiCh is outlined in'red on the atta'ched survey for the purpose of parking.for the Cutchogue Free Library. the calendar year 1982. The yearly rent is $ 600.00 for/ . You, the Tenant, will pay this yearly Rent to the Landlor,- as fo~ows: $300.00 on March 1, 1982 and $300.00 on September 1, 1982; $660 fc~r the calen&r year 1983 payable as follc~cs: $330.00 on Y~qrch 1, 1983 $330.00 on September 1, 1983; .~720.00 for the calendar year 19841payable'a: follows: $360.00 on March 1, 1984 and $360.00 on Sep~ ~l~):,~984;~$780.~ for the calendar year 1985 payable as follows: $390.00 on ~rch !' 1985 $390.00 on September 1, 1985; $840.00 for the calendar year 1986 payable follows: $420.00 on ~rch 1, 198~ and $420.05 on Se~ 1, 1986;v, 4. Landlord ]ea~ the Premises to you, the Tenant, for the Term. You, the Tenant, agre~ 'i0 l~y the Ran and other charges as required in the Lease. You, the Tenant, agree to do everything requi?d of you h the Lease. ' 5..If you, the Tenant, 5.1 fail to pay Rent, or any part of th: Rcnt, '.: ~ 5.2 fail to comply with any other term of this Lease, ' ' 5.3 vacate the premises at any time during the Term, then Landlord may re-enter and take pose,sion 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 other lawful means, without being liable in any way. You, the Tenant, agree that at the end of the Term you will surrender the Premises in as good conclitima as now, except for ordinary wear and damage by the elements. Ch an g e,~: 8. This l~:ase can be changer½ al~ agreement il~ ~rilhlg ~ ~n~ by Ih~rties Io the ~a~. 9. It is understood that the premises are leased to the tenant solely for library purposes and for an off street parking area for the library staff and patrons. It is understood that same is not to be used as a public parking lot. Landlord reserves the right to use the driveway and parking area in c~nnection with his law office which is adjacent theretO. 10. The Tenant covenants ~nd agrees to procure and keep in effec{ during.the term of this lease public liability policies of insurance protecting the Landlord and the Tenant from any and all claims fo~ damage resulting from injury to persons and · property sustained by anyone in or about the demised premises, · · . f insurance shall be in the amount of aid olicy or pol~.c~es o · ' -~., o or death of any ~ne~ ~ s P _ ~n o~0 00 for.. in3u~ t .... ~ or oea~n ~ ~ot less than Cxuu,-- · ,~nn nnn 00 for ln3urle~ ~, - ~erson and not less than.¢?u~,~ of the same accident anO~n ~ny number of pars?nSa s n¢2 7000oofor damage to proper~y- the amount of not ~ess tnan_¢ der ~lanket coverage policies, the L~andlord' . e resDonsible for all maintenance to 11. The Tenant agrees to ~ .... ~= f the parking area and to the driveway and the paveo pu~c .... o keep same free from potholes and to keep the grass surrounding the paved surface cut, and on a weekly basis to clean up the parking area and driveway of ~11 canS, broken glass, papers and other debris. The Tenant shall also provide at least two garbage cans for use of their patrons and wil~ be responsible for all garbage removal. In addition, the Tenant will have all the snow and ice removed from the parking area and driveway at Tenant'S own cost and expense- 12. The Tenant shall not assign or sublet the premises during the term of this lease. 13. The parties hereto have entered into an option to purchas, agreement of even date herewith and in the event that the tenant exercises said option, then this lease will terminate on the closing of t~tle pursuant to the terms of the option and contract of sale and all rents will be adjusted. made the ///~day of~ , 1982, between THIS AGREEMENT RICHARD F. LARK, residing at (no ~) Birch Lane, Cutchogue, New York party of the first part, and the CUTCIIOGUE FREE LIBRARY, an Educational Corporation with office and principal place of busines~ at Main Road, Cutchogue, Town of Southold, Suffolk County, New York party of the second part. 1. In consideration ol th~ sum"o£ $100.00 paid by the party of the second part to the party"of the first part, receipt %Thereof 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 Exhibit 1., which $100.00 paid hereun der shallbc applied towards tile purcha price. 2. The total purchase price of the property sfibject 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 is to be exercised by the party of the second par~, 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 in the annexed contract of sale (Exhibit 1) and the party of the second part shall have the right to file such an application with the Southold Town Planning Board. The party of the first part will ~xeg~te any ~ece~sary consents or authorizations as may be required y the Planning ~oar~. 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 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 the same formalities as this option. IN WITNESS WHEREOF, the parties hereto have signed this agreement the day and year first abo/~e-~W~itte~n~~ ~ Richard ~. La~k CUTCHOGU~ FREE LIBRARY~ SCliEDULE 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~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 42° 15' 00" West 100.00 feet; thence (2) South 37° 47' 00" West 50.0 feet to land now or formerly of Samohet; running thence along land 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" 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 li~e 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. (~u~et ~njolrrnent: Landlord agrees that if you, the Tenant pay the rent and are not in default under this Lease, you, the Tenant may peaceably and quietly have. hold and enjoy the Premises for the Term of this Lease. The parties have signed this lease as of the date at the top of the firm page. ......................................................... ~....~.~..,...~,~ % ou. the TENANT: ' ': '~ ..................................................................................... OPTZON between R/CHARD F. and CUTCKO~UE F B~,~ 'iOTE: FIRE LOSSES. This form ol conlracl contams no exp,ess provision as Io risk o[ loss by (are or other casua|ty before delivery of the deed. Unless express provision is made. Ihe provisions o[ Section 5ol 3 1 Iot thc General Obligations L~w will apply. This section also places r;sk of loss upon purcLaser il lille or possession is l~ansfer,cd prior to closing. THIS AGRE~h'T, made the BETWEEN RICHARD F. LARK, New York day ot resxdlng at · ,.neteen hundred and (no 9) Birch Lane, Cutchogue, hereinafter described as the ..eller. ~nd CUTCHOGUE FREE LIBRARY, an Educational Corporation with office and principal place of business at Main Road, Cutchogue, New York ~relns~er ~ribed =s the purch=~r. ~fII~F..~S~, that the ~ller ~grecs to sell and convey, and the purchaser agrees to purcha~, all that certain plot. piece or I~r~l of land. ~kl~fl~ecb~z~cb~~'''~xhe~x*~'''''ur~ situate, lying and ~ing ~ in Cutchogue, 5ou ho d, County of and of described a~ bounded as follows: ~.~%~BEGINNING at a concrete monument located on the northerly si6e of ~n~*Road (State Route 25) which point is the southwesterly corner of %he premises being described herein and the southeasterly corner of land of the Cutchogue Free Library; running thence North 42~ 15'.00 West along land of the Cutchogue Free Library 100 feet to a nail at 'northeast corner of land of ~he Cutchogue Free Library; running ~ce South 46~ 14' 40" East through other land of Richard F. Lark 99,03 feet to a point located on the northerly side of Main Road (Sta~ R~te*25); running thence South 37° 47' 00" West along the northerly side of Main Road (State Route 25) 7.0 feet to the concrete monument at the point or place of ~eginning. '~:~: T~e aforesaid parcel being triangular in shape and containing apPr0Xlmately 345 square feet. ~ ;::':=~LL that certain plot, piece or parcel of land, situate, lying and ~e-ing in Cutchogue, Town of Southold, County of Suffolk and State of New York, described and bounded as follows: .~a BEGINNING at a point which is the northeasterly corner of land of the Cutchogue Free Library which point is also North 42~ 15' 00" West 100 feet from a monument set on the northerly side of-Main Road (State e 25); running thence from said point of beginning South 37° 47' 00" --~-9'~'-alon the northerly side of land of the Cutchogue Free Library 50.C ~:eS~ to lagnd of Samohel; running thence North 41~ 57' 50" West along said last mentioned land 207.92 feet to land of the Mattituck-Cutchogue Union Free School District; running thence North 46° 28' 40" East along said last mentioned land 50.0 feet to a point; running thence South 41~ ~-" ~0" E'ast throuch land of RicharO F. Lark 200.37 feet to the point or place of beginning. The above described parcel contains approximately 10,117 square f~'t. I. "This sale i~clu&s ell risht, title and interest, it any. of the ~ller in ~nd to ~n~ la.d lying in the bed of any strut. ,oad or s~en~ o~d or pro~, in fronl of or adjoimng s~id premiss, to the center line thereof, and ~11 right, title and inleresl of t~ ~ller in and lo any sward made or to ~ m~de in lieu thereof and m and to any unpaid award for dam~le )~ by *e~n of change of grade of ~ny street; ~nd the seBer will c~ecule ~.d deliver to tbe ~rch~t, on closln~ of ~t~. or t~rzahcr, on demand. ~11 pro~z mstruments for the conveyance of such title and the ~ignment and colt~tms of · ny ~ch award. SIXTEEN T} 00/100 .............. ~o- ............. T~'prk~ · 00 ) ................... liars, p~yable ONE THOUSAND SIX HUNDRED and 00/100 ($1,600.00) .................. Doll~.. ~ ~ held ~ esc~ ~ ~el~ ~1 clos~g of ti~e on ~e si~ing of lhts contract, by ~eck SUp)eCl IO collection, Ibc recc~pl of which is ereby acknowl~ged; FOURTEE~ THOUSAND FOUR HUNDRED and 00/100 (~4,400.00) .......... in cash or g~ certified check ~o the order of Ibc selle~ on tbe dehvery of Ibc deed as bc~elnaflcr provided; who shah a so pay Ibc mortgage ~ecordmg tax and recording {ecs. .~., , . 4. If such purchs~ money mortgage ~s Io be a subordinale mortgage on Ibc premises it shMl provide~hall'~.s~l '~ ~nd su~dinate to tbe hen of tbe exisling mortgage of $ ~ , ~n~ extensmns exlensions tbe~eof provided (al that Ihe interes~ ~ale thereof shall nol ~ greater lha~~ ~nt ~[ annum ~nd that, if tbe principal ~moun~ ~he~eof shall exceed ~h~ amount of prmopal ~xis?ng m~t~ Ihe time of pl~cing such new morlgage or con.bridled mortgage, ih~lder of such pu~ch~ morlg~ge in reduction of tbe principal Ibereof. Such purchase mo~~ th~aym~nl to holder Ihe~eof sh~ll nol Mter or afiec Ibc ~egular ms~allm~f any. of principal payable ~hereunder and .~h~ll fur~.~. ov de Ih~t Ibc holder Ibereof w , on demand and w~l charge ~berefor. execule, ~cknow edge ~nd deliver ~nX ~gr~ 5 If he e be a morlg~ge on be prermses t~er agrees Io dehver to the purchaser ~t Ihe hme of dd~very of Ibc deed · pro~r certificate executed and acknowled~~er of such mortgage and in form tor recording, certifying as 1o ~e amo~t of tbe unpaid pr ncipal ~nd int~~ ~rily thezeof and r~le of intcresl thereon. ~nd tbe ~ller shsll p*y the fees for ecord ng such ~~be morlgagee ~ a bank or other institution as defined in Section 27~-s. Re~I ., Pro.ny L~w, Ih~be said cert~e, furnish a letter s gned by a duly ~ulhorized o~n or ~. ~ p oyee or a~n req~ed to be ~et ~?rth in said ocr fica e. Seller ~epresenls lhs~ such mo~tg~ ' wil no -~~e ~bv~ of the ~ed be~eunder ~nd Ih~t neilber said mortgage, nor any modification: th~~e~ change any of ~he olber lerms or provisions thereof by reason of the 6. Sasd p~cmlses are sold ~nd are 1o ~ conveyed subject lo: ~. Zomng regulations and ordinances of t~e c~ty. Iown or village in which the p~emises lie which ~re not violaled by b. Consents by [he seller or any Jmmer ownez o~ pxem~s roi t~e e~echon o~ any siruclure or structures on. unde~ d. ~ny sLate-of ~acts an accurate survey may show, p~ovided ~ame ~" doe~ not rende~ title unma~ketabZe. merits of Housing and Buildings. Fire. Labor. Health. ot olber State or Municipal Department having jurisdiction, against or affecting Ihe premises al lhe date hereof, shall be complied with by the seller and the premises shall be conveyed free of the same. and Ibis provision of this contract shall survive delivery of the deed hereunder. The seller shall furnish the purch,sser with an authorization lo make Ibc nrccssary searches therefor. Ibc CRy of New York (~clions 564-18.0, elc.) prior Io the delivery of Ibc deed shall be ~d~y the ~.er u~n tbe delivery of tbe deed. Thls provlsmn shall survive Ibc deli~ry o~ .... 9. If. ~t Ibc tim~ of ~be delivery of the deed. the pr~~ been ~ected by ~n ~s~s~ merit o~ ~s~ssments ~hich ~re or m~~I~ then ? ~h~rse or lien. or has ~en ~~s~ent. inj~uding ~hic~~ ~ ~L and p~y~ble snd I0. ~ tollowi.~ a~ to be ap~r"oned: (al R~n~s as ~.d when colI*~ed. ~k~~~~xx~g~~~ RIDER TO CONTRACT OF SALE BEr£h~EEN RICil.ARD F. CUTCHOGUE FREE LIBRARY, PURCHASER DATED LARK, SELLER 28. The premises being sold herein is vacant land and purchaser has been leasing same as a common driveway and parking ~rea and represents that it is thoroughly familiar with the condition thereof and that no representations or ~.;arranties with respect to same have been made by or on behalf of the seller,, and that it is purchasing the premises strictly in an "as condition. ~]! 29. The premises being sold herein are outlined in r~ed on th~ ltattached Map of Property surveyed for Richard F. Lark dated ~iDecember 6, 1977 by Roderick Van Tuyl, P.C. which is attached It ~t~ as Schedule A; and said premises are a portion of a larger her=-- - c [~r~m] of land owned by the seller as shown on ochedule ~. _~he I!~-- ins an easement over Parcel 1 being sold herein Ior ;, .... er reta i, the purpose of a common driveway for access to the blacktop parkinc~ ~rea in the rear of seller's premises; and further reta~ns_~n !!~ememt over those portions of Parcel 2 utilized.as 9 parK%ng _. Ii~a f~ the purposeLOf providing off street parking in con]unction with the seller's*law office. In exchange thereof the seller gran%s a concomitant easement to the purchaser over the existing acent to Parcel 1 for purposes of a common blacktop driveway adj ..... r ~ driveway for ingress and egress to the parking area in nne r=~ the premises an~ further grants the purchaser an.easement over the blacktop area retained by the seller immediately adjacent to ilParcel 2 and which parking area is outli~d in blue on schedule A : [ifor the purpose of providing off street parking for library "' ' [patrons and employees; upon the condition that the purchaser will ~l~ot allow same to be used as a general parking area. A formal I:~asement agreement in recordable forte containing metes and bounds description of the common driveway and respective parking areas will be executed at the closing of title, which easement agreement not affect the library expansion ~ans. 30. The purchaser agrees to be responsible for all maintenance to the driveway and the paved portions of the parking iarea and to keep same free from potholes and to keep the grass basis. In addition !~urroundin~ the paved surface cut one ~g~ar t;urchaser ~s responsible for the cleanliness of the parking area and driveway and agrees 'ho remove all cans, bottles, broken glass, )apers and other debris. For that purpose the purchaser will )rovide suitable refuse containers and will be responsible for ~mpty~'~g same. In addition purchaser ~;ill be responsible for having all snow and ice removed from the com~mon driveway and paved )arkinq area. This clause shall survive delJver, v of the deed. 3i. It is understood by the seller that the Durchaser intends to construct an addition to the library on the northerly portion of its premises and part of the premises being sold herein. The ipurchaser agrees at the termination of the construction to repair or resurface the common drive~ay and parking area with a suitable blacktop surface. This clause shall survive delivery of the deed. 32. The ~)~rties a~rec to oro~~ and kee~ in effect public liability poli~es of i~surance~pr°tecting each of the parties from any and all claims for damage resulting from injury to persons and property sustained by anyone in connection with the use of the co,non driveway and parking area. Said policy or policies shall be in an amount of not less than $100,000.00 for injury or death to any one person and not less than $500,000.00 for injuries or death to any number of persons arising out of the [same accident and the amount of not ]ess than $25,000.00 for damage to property. This clause shall survive delivery of the deed RIDER TO CONTRACT OF S~LE BETWEEN R~CHARD F. LARK, SELLER AND CUTCHOGUE FREE LIBRARY PURCHASER DATED PAGE 2. ' 331 In the event either party desires to sell premises they own as depicted on ~ch~dule A herein the party'shall prior to making of any offer of sale or the acceptance of any offer o )urchase to a third party cause a written notice to be given to other party of such offer stating the name and address of the third party by whom or to whom the offer was made and the P~ice named in the offer, and the terms and conditions ~of ~aid offer and the party receiving the notice may at any-time within 30 days after receipt of same elect to purchase the property upon the same terms and conditions as stated in the notice by executing a written contract to purchase the property office for sale. This clause shall survive delivery of the deed. Rich~ F. Lark CUTCHOGUE By FREE LIBRARy ~0.0 :,e ~a:, of 19 ~fore me~ x~nally came to me known to be the individual described in and who e~,eculed Ibe fozegolng instrument, and acknowledged that execuled the same. STATE OF NEW YOLK, COUNTY OF On thc day of Ic) . Ixfore me personally came to me 'known. who. being by me duly sworn, did depose ~nd say that he is the _' ~ . the cor~ration de,rind in ~nd whkh execuled the foregoing instrument; that he knows the ~al of s~id cor~ralion; that the ~al affixed to said instrument ~ such cor~r~te ~al; that it was so ~ffixed by order of the board :- of directorn of said cor~rntlon, and ~at he signed h name th~elo by like order. -.. Closing of title under the within contrnct is hereby adjourned - o'cl~k, at . of 19 ~..On the day of 19 . befone me personally came to ir,~- kno'~-,, 1o be the mdividual de~ri~d in and who e~uted the ft. egoing mslrur,enl, and acknowledged that STATE OF NEW YORK, COUNTY OF ...:' On the day of 19 ~ .bef°remc personally came ' ' Io me known and known to me to be a partner in a parlnership, and known to me to be the person described who executed the foregoing instrument in the partneishlp name. and- said duly .- acknowl,~dged thai be execuled Ibe fmegolng instrument fm on behalf of said parlnership. Dated. I ? · For value received, the within contract and all the right, title and interest otc the purcha[cr thereunder are hereby transferred and set over unto and s,,i.d a,iSnee hereby assumes all o~]igations of the purchaser thereunder. Purc5~er 19 '~':.at ~:>' ,~- ; title to be closed and all adjustments to be rn~de Assignee of Purcha~r SECTION RETURN BY MAIL TO: .... : Zip No. I I I ~ GUARANTEE- NEWYORK The SELLER should bring with him all insurance policies and duplicates, recelpled bills for taxes, assessments an When there is a water meter on the premises, he should order it- read. and bring bills therefor to the closing. If there ~re mortgages on the property, he should promptly arrange to obtain the evidence required under Paragraph $ o He should furnish to the purchaser a full list of lenants, giving the names, rent paid by each. ~.nd date to which the h~s been p~id. The PI. IRCHA.$ER should be prepared wilh rash or certified check drawn to the order of the seller· The check Planning Board Town of Southold Southold, N.Y. Attn: Mr. Henry Raynor May 9, 1983 Library Board of Trustm Dr. Suaan Rosen~traich Robert Shaw He{erie Kohn William Gardner Membefl James Corcoran Robert McAtl Lawrence Milius Virginia Suter Library Dircetor Jane Minerva William Peters Mr. Raynor, Evidently your letter of May 4, 1983 and my letter of May 5, 1983 crossed each other in the mail. Xour lette~ does, however, arise some points not previously covered. Attached is a copy of the lease agreement which we presently have with Mr. Lark. In my ~etter of May 5 I 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. ~his is shown by the reviesd Site ~evelopment 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 i~ gr~nted. Rev. Warren S. Beaven, Parish Ministe~ Cutchogua United Methodl~t Church Winifrad Biliard Jane Bleikie John P. Blewett, Pres. New Suffolk Civic A~soc. Marcus R. Bryan, Pres. Birch Hills A~oc. Rev. George Borthwick, Cutchogua Presbyterian Church Frederic J. Bruce, Pres. Nassau Point Prol3erty Owners Association Marjoria Moore Buttervvorth Prank Cichanowicz III Gerard M. Conroy, Pre,. Broedwatera Cove As~oc, Alisteir Cooke Thomas S. Cottrell, M. D., A~oc. Dean, School of Medicine, SUNY Stony Brook Very,~ru~y~vours,~--~ ~e~ers, Chairman Cutchogue-New Suffolk Library expansion Rev. MI~'. John F. Cwlllne, Our Lady of Ortrabrame Roman Clthollc Church Mrs. George B. Drake Jr. Herbert Fett Jr. M. D., Pres. Fairway Mrs. Hollis W. Graf hwohl Louisa Hergr~ve William F. Heneghan, M. D. Pres. Fleets Neck P~operty Owners A~oc. Rev. John P, Henry, Sacred Heart Roman Cetholl~ Church James Homan Fred W. KaliSh Jr. Chief, Cutchogue Fire Dept. Albert J. Krul~ki Sr. Walter F. Luce, Ptes. Cutchogue-New Suffolk Chamber of Commerce Virginia McCeffery, Pres. Cutchogua- New Suffolk HIItOrical Council Sarah Moore Martbe J. Paul Je~queline Penney William Peters, Pres. Nes~u Farms A~oc. Elizabeth J. PiStol=ton Edward A. Purcell, Pres. Kimogenor Pt. Corp. Alfred Spiro, M.D. Dir. Dept. of Pediatr c Nauro ogy Albert Einstein college of Medicine Paul Stoutenburgh Bonnie B. Towla, Pres. Friends of the Cutchogue Library Thornes Uhllnger Ronnia Wecker John Wlckbem, Member, Long Island Regional Planning Commlesion THIS AGREEMENT the ///~day of~ , between RICHARD F. LARK, residing at (no f) Birch Lane, Cutchogue, New York party of the first part, and the CUTCHOGUE FREE LIBRARY, an EducatiQnal Corporation with office and principal place of business at Main Road, Cutchogue, Town of Southo]d, Suffolk County, New York party of the second part. 1. .lu consideration oJ th~ su~'of $100.00 p~id by the.party of the second part to the party"of the first part, receipt %;hereof° 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 Exhibit 1., which $100.00 paid hereun der shall bc applied towards the purcha price. 2. The total purchase price of the p~operty 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 t~ 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 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 - in the annexed contrac f sale (Exhibit 1) and party of the second part shall have the right to file such an application with the Southold Town Planning Board. The party of the first part will ~xec~te anv DeceDsar~ consents or authorizations as may be required by the Planning soars. 6. In the event that the party of the second part.does not exercise this option as herein shall be retained by the party provided, that said sum of $100.00 of the first part, f, ree of all claim by the party of the second part and lJcither 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 which such instrument may be recorded or filed. office 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 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 the same formalities as this option. IN WITNESS WHEREOF, the parties hereto have signed this agreement the day and year first~~ ~ ~ Richard ~. Lak/k CUTCHOGO~ FREE The above described parcel contains approximately 10,117 square Southold Town Planning Board Southold, N.Y. Attn Mr. ~enry Raynor, Chairman May 5, 1983 Library Board of Trustees Vice Pr aeident Robert Shaw Helena Kohn William Gardner Robert McAII Lawrence Milius Philip Rysko Virginia Surer Library Dire=tot Jane Minerva Library Exp~mion Chairman William Peters Sir: Attached are revised Site Development Plans delineating the following changes: a) Driveway changes have been delete~. ~,~r~ 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. b) Parking 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 Oontract of Sale between ~ir Richard Lark and the Cutchogue Library. We ha~e 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. Rev. Warren S. Beaven, Parish Minister Cutchogue United Methodiat Church WinJfred Billard Jena Biaikie John P. Blewett, Pres. New Suffolk Civic A~oc. Marcus R. Bryan, Pres. Birch Hills A~oc. Rev. George Borthwick, Cutchogue Presbyterian Church Frederic J. Bruce, Pres. Nassau Point Property Owner~ A~ociation Merjoria Moore Butterworth Frank Cichanowicz III Gerard M. Conroy, Pres. Broedweters Cove A~loc. Alistair Cooke Thomas S. Cottrell, M. D., A~mc. Dean, School of Medicine, SUNY Stony Brook Yours truly, Chairman, Library Expansion (734-5989) Rev. M~gr. John F. Cweiina, Our Lady of Ostrabrama Roman Catholic Churoh Mrs. George B. Drake Jr. Herbert Fett Jr. M, D., Pres. Fairway Farm, Astoc. William F. Heneghan, M. D. Prel. Fleets Rev. John F. Henry, Sawed Heart Roman Cathollo Church Jamee Homan Fred W. Keelin Jr. Chief, Cutchogue Fire Dept. Albert J. Krupaki Sr. Walter F. Luce, Pres. Cutchogue~New Suffolk Chamber of Commerce Virginia McCaffery, Pres. Cutchogue- New Suffolk Historical Council Sarah Moore Martha J. Paul Jaequellne Penney William Peters, Pres. Namu Farms A.oc. Elizabeth J. Plimpton Edward A. Purcell, Pres. Kimogenor Pt. Corp. Alfred Spiro, M.D. Dir. De~t. of Pediatric Neurology Albert Einstein College of Medicine Paul Stoutentmrgh Bonnie S. Towle, Pres. Friends of the CutchoEoe Library Thorne$ Uhllnger Ronnia Wacker John Wi~kham, Member, Long Island Regional Planning Commluion HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSK[, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 May 4, 1983 TELEPHONE 765-1938 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, sel Henry E. Raynor, Jr., Chairman Southold Town Planning Board Planning Board Board of Appeals Tow~n of Southold Southold, New York 11971 Gentlemen: May 2, 1983 Library Board of Trustees Dr. Susan Ro~enstreich Vloe Pr Midst Robert Shew Helena Kohn William Gardner James Corcoren Robert McAII Lawrence Miliul Philip Rylko VirginSe Surer Library Dlrletor J~ne Minerva Library Expenaion Chairman As a result of the enactment of HR 1718, the Emergency Jobs WilliamPet~s Bill, by the U. S. Congress and Pres±dent Reagan, $50,000,000 has been appropriated for the renovation and construction of public libraries. Grant applications are required within ~0-90 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 Banked 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 Ms. ~ane Minerva, Director, 734-6360, Dr. Susan Rosenstreich, Presi- dent of the Library Board of Trustees, 734-6961 or myself, 734-5989. Yours truly, William Peters, Chairman Library Expansion Rev. Warren S. Beeven, Parish Minister CutchDgua United Methodist Church Winifred Siliard Jane Bleikie John P. Blswett, Pres. NM Suffolk Civic Marcu~ R. Bryan, Pres.. Birch Hill; Assoc. Rev. George Borthwick, Cutchngue Presbyterian Church Frederic J. Bruce, Pres. Nelaau Point Property Owners A~ociation Merjorle Moore Butterworth Prank CJchanowicz III G~rerd M. Conroy, Frei. Broedwater! Cove A~oc. Alistalr Cooke Thomas S. Cottrell, M. D., Auoc. Dean, School of Medicine. SUNY Stony Brook Cltlaem Ad~l~ory Committee Rev. Msgr. John F. Cwallr~, Our I.~ly of Ostrebreme Roman Catholic Church Mra. G~r~ B. Drakl Jr. Mrs. Hollll W. Greth~hl Loul. Hi~rM Rev. John P. He,y, ~w~ Hwt Roman ~t~llc Chu~ Fire Dept. Alert J. Krup~l Walter F. Lure, Virginia McCIfflry. Pres. Cutchogue- New Suffolk HIstorlr, al Council Sarah Moore Mlrtbe J. Paul Jecquellne Penney WIIIMm Peter~, Pr~. Ne~u Farms A~oc. Elizabeth J. Fllmpton Edward A. Purcell. PreL Klmogenor Pt. Corl). Alfred Spiro M.D, Dar, D~t. of Pediatric Nauro ogy Albert Einstein Collage of Medicine Plul Stoutenbu~gh · Bonnie S. Towle, PreL Friends of tM Cutchogue Library Thornaa Uhllnger Ronnia Wlekl~ John Wlekhem, Member, Long iaiand Regional Planning Comml#lon APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11S71 TELEPHONE (516) 765-1809 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 20, 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(b) [1]] Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass, Sawicki 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, lk CC: Planning Board/ Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · .~.w~~.r.~.~ ....... PLEASE TAKE NOTICE that your application dated .. .~.q ./ .... /. .......... 19 for pe~it to~.aaa~ .... ~o.~E~.~ ..... ~ ................ ~ County Tax Map No. 1000 Section .... 2~ ~. .... Block . ~.~ ....... ~t .~<~ ...... Subdivision ................. Filed Map No ................. Lot No .... =~ . ~7. ......... is returned herewith and disapproved on the f.~ollowing ground~..P'~.~. {7.~' -~..td.$~...7.~..p~.. .... ' ~~ ..... vdh ..-~,,. . .-~. . ~.o. .-. ./.o. . . . .~. m.c~). ::..-... ........ Building' Inspector ROBERT W. TASKER Town Attorney TELEPHONE (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 100-12lB 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 parkin~ field be in the same ownership as the premises which it serves. Yours very truly, ROBERT W. TASKER RWT:aa RIDER TO CONTRACT OF SALE BE?[~EEN RICII.ARD F. CUTCHOGUE FREE LIBRARY, PURCHASER DATED LARK, SELLER ~'lD !1 28. The premises being sold herein is vacant land and }purchaser has be~n leasing same as a coramon driveway and parking l!area and represents that it is thoroughly familiar with the ,!condition thereof and that no representations or warranties with i!respect to same have been made by or on behalf of the seller liand that it is purchasing the premises strictly in an "as is" icondition. ~i 29. The premises being sold herein are outlined in r.ed on th~ lattached Map of Property surveyed for Richard F. Lark dated iDecember 6, 1977 by Roderlck Van Tuyl, P.C. which is attached ~hereto as Schedule A; and said premises are a portion of a larger llparcel of land owned by the seller as shown on Schedule A. The !iseller retains an easement over Parcel 1 being sold herein for ilthe purpose of a common driveway for access to the blacktop parkin~ ltarea in the rear of seller's premises; and further retains an iieasement over those portions of Parcel 2 utilized as a parking tarea for the purpose of providing off street parking in conjunctio~ Iwi~h the seller's law office. In exchange thereof the seller gr~n~ts a concomitant easement to the purchaser over t~e existing !blacktop driveway adjacent to Parcel 1 for purposes of a common driveway for ingress and egress to the parking area in the rear the premises and further grants the purchaser an .easement over the blacktop area retained by the seller immediately adjacent to Parcel 2 and which parking area is outlined in blue on Schedule A for the purpose of providing off street parking for library patrons and employees; upon the condition that the purchaser will not allow same to be used as a general parking area. A formal i~easement agreement in recordable form containing me~s and bounds !description of the common driveway and respective parking areas l!will be executed at the closing of title, which easement ~reem~nt I not affect the library expansion.plans. ~ 30. The purchaser agrees to be responsible for all maintenance to the driVeway and the paved portions of the parking i!area and to keep same free from potholes and to keep the grass !isurrounding the paved surface cut ona ~t~ar 'basis. In addition ~purchaser is responsible for the cleanliness of the parking area ~and driveway and agrees to remove all cans, bottles, broken glass, ~apers and other debris. For that purpose the purchaser will provide suitable refuse containers and will be responsible for empty.'~g same. In addition purchaser ~ill be responsible for having all snow and ice removed from the com~mon driveway and paved parkinq area. This clause shall survive del~vemv of the deed. 31. It is understood by the seller that the purchaser intends to construct an addition to the library on the northerly portion of its premises and part of ~he premises being sold herein. The ipurchaser agrees at the termination of the construction torepair or resurface the common drive%;ay and parking area with a suitable blacktop surface. This clause shall survive delivery of the deed. 32. ~he ~mrties agr~c to pro~ and kee-~ in effect public liability policies of insurance protecting each of the parties from any and all claims for damage resulting from injury to persons and property sustained by anyone in connection with the use of the co,non driveway and parking area. Said policy or policies shall be in an amount of not less than $100,000.00 for iinjury or death to any one person and not less than $500,000.00 ifor injuries or death to any number of persons arising out of the Isame accident and the amount of not ].ess than $25,000.00 for damage to property. This clause shall survive delivery of the deed,~ CUTCHOGUE FREE LIBRARY PURCHASER DATED PAGE 2. ' 33. In the event either party desires to sell premises they own as depicted on Schedule A herein the parry'shall prior to making of any offer of sale or the acceptance of any offer of ~urchase to a third party cause a written notice to be given to other party of such offer stating the name and address of the third party by whom or to whom the offer was made and the )rice named in the offer, and the terms and conditions of ~aid and the party receiving the notice may at any-time within 30 days after receipt of same elect to purchase the property upon the same terms and conditions as stated in the notice by executing a written contract to purchase the property office for sale. This clause shall survive delivery of the deed. Richard F. Lark CUTCHOGUE FREE LIBRARY By !1 ~ ~.-7 r~ · , IF' m A,t ? // DATA