HomeMy WebLinkAbout1000-35.-2-14 (2)
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Southold. N.Y. 11971
(516) 765-1938
september 12, 1984
Mr. David Kapell
400 Front Street
Greenport, NY 11944
Re: Hellenic Snack Bar site plan
Located at East Marion
Dear Mr. Kapell:
Please let this confirm the action of the Planning Board,
Monday, September 10, 1984.
RESOLVED that the Southold Town Planning Board, following
a field inspection, approve the amended site plan of Hellenic
Snack Bar located at East Marion for the parking area subject to:
~J Relocation of the telephone booth to the rear of the
r>arking lot, or inside the restaurant.
2. Fence and landscaping in the front of the restaurant
in order to obstruct any parking in this area.
3. Approval of the Zoning Board of Appeals for
use of the adjacent property owned by the Village of Greenport
for parking. ( 100-112H)
4. Receipt of the filing fee of $50.
The Board also recommends widening the loop road to 18' in order
to provide a better traffic flow.
Please submit three (3) copies of the site plan indicating
conditions one and two, and when we are in receipt of notice that
the other conditions have been met, the Chairman will endorse the
maps.
If you have any questions, please don't hesitate to contact
our office.
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Very truly yours, .
~CO~I I ~d-yyJ)
BENNETT ORLOWSKI, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
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Southold, N.Y. 11971
(516) 765-1938
May 8, 1985
,A.
Victor Lessard
Executive Administrator
Southold Town Hall
southold, NY 11971
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RE: Hellenic Snack Bar
East Marion
Dear Mr. Lessard:
The following action was taken by the Southold Town Planning
Board, Monday, May 6, 1985.
RESOLVED that the Southold Town Planning Board, following
a field inspection, recommend to the Building Department that the
certificate of occupancy for the Hellenic Snack Bar at East
Marion be issued subject to the removal or the relocation of
the telephone booth.
If you have any questions, please don't hesitate to contact
our office.
very truly yours,
BENNETT ORLOWSKI, JR.,CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
~ f}yLcW~4-) ~ cJ../n.,.o
By Diane M. Schultze, Secretary
cc: John Giannaris
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Southold. N.Y. 11971
(516) 765-1938
May 8, 1985
Victor Lessard
Executive Administrator
Southold Town Hall
Southold, NY 11971
RE: Hellenic Snack Bar
East Marion
Dear Mr. Lessard:
The following action was taken by the Southold Town Planning
Board, Monday, May 6, 1985.
RESOLVED that the Southold Town Planning Board, following
a field inspection, recommend to the Building Department that the
certificate of occupancy for the Hellenic Snack Bar at East
Marion be issued subject to the removal or the relocation of
the telephone booth.
If you have any questions, please don't hesitate to contact
our office.
very truly yours,
BENNETT ORLOWSKI, JR. ,CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
~ e-rLcW~) ~d./n.A
By Diane M. Schultze, Secretary
cc: John Giannaris
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'LEASE AGREEMENT
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This lease is made and executed on the /0 day offfir. ,1984,
by and between the INCORPORATED VILLAGE OF GREENPORT, a municipal
corporation organized and existing under the laws of tbe State of
New York, having its principal offices at 236 Third Street, Greenport,
County of Sqff~lk and State of New York, herein, referred t,o as
, and H~LSN HARTQFELIS East Mar1on,
lessor, and JOHN GIANNARIS,/res1ding at (noif)JVr.ain Road /, . County
of suffolk, state of New York, herein referred to as lessee.
1. DEMISE, DESCRIPTION, AND USE OF PREMISES:
Lessor l~es
to lessee and lessee hires from lessor, for tbe purpose of parking
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and ingress and egress for parking only and for no other purpose,
those certain premises wi th the appurtenances, 8i tuated in the Village
of Greenport, Town of Southold, County of Suffolk and State of New
York, and more ~articulary described in the schedule attached bereto
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and marked Exhibit> .A. and made a part bereof. As used herein" the
term .premises. refers to the real property above described and to
any improvements located thereon from time to time during the term
hereof. Lessee sl1all have permission to erect signs for parking and
Hellenic' -Snack Bar.
2. TERM: The term of this lease shall be for ten (10) year.,
cOllllllencing on the 1st day of
June 1984, and ending on the 31st day
" of
May
, 19 94..
3. RENT: The rental to be paid by the lessee hereunder shall be
as follows:
$150.00 per ~onth for the first five (5) years and $250.00
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~; per month for ,the second five (5, years.
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4.
WARRANTIES OF TITLE AND QUIET POSSESSION:
Lessor covenants
that lessor is seized of the demised premises in fee simple and has
JOHN J. MIJNZEl. A TrORNFY AT LAW. 54B ROANOKE AVENuE. R!VEPf-iEAD, 'JEW YORK 11901"
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full right to make this lease and that lessee shall have quiet and
peaceable possession of the demised premises during the term bereo~.
5. USBS PROHIBITED: Lessee shall not use, or permit tbe demised
premises, or any part tbereof, to be used, for any purpose or purposes
otber than tbe purpose or purposes for whicb the demised premises
are hereby leased, and no use shall be made or permitted to bemade
of tbe demised w-emises, or acts done, whicb will cause a cancellation
.
or increase in premium of any insurance policy maintained by the
lessor. Lessee shall, at its sole cost and expense, comply with all
requirements pertaining to the demised premises, of any insurance
.o.rganization or company, and necessary for the maintenance of
....~urance as herein provided, covering the land and any improvements
thereon.
6. WASTE AND NUISANCE PROHIBITED: Lessee shall not commit,
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or suffer to be committed, any waste on the demised premises, or any
nuisance.
7. SUBLETTING AND AS~IGNMENT: The lessee shall not sublet or
assign the premises in whole or in part without the lessor'. written
consent, and a consent to an assignment shall not be deemed a consent
to any subsequent assignment. Any assignments without such consent
shall be void and shall at the option of the lessor termin~te this
t lease.
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Neither this lease nor the leasehold estate of lessee nor
any interest of lessee here'2mder in the demised premises or any
buildings
thereon
shall
be
subject
to
involuntary
assignment,
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Ii of law in any manner whats.;c....::r, and any Fuch attemptec; i.nvolu:1t~cy
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assignment, transfer, or sale shall be void and of no effect and
shall, at the option of lessor, terminate this lease.
8. NOTICES: All notices, demands, or other writings in this
lease provided to be given or made or sent, or which may be given or
made or sent, by either party hereto to the other, ~'~ll be deemed
to have bewen fully given or made or sent when made in writing and
deposited in th~ United States mail, registered and postage prepaid,
,
and addressed as follows:
TO LESSOR: 236 Third Street, Greenport, New York 11944
TO LESSEE:
9.
REPAIRS AND DESTRUCTION OF IMPROVEMENTS:
Lessee sha],l,
throughout the terms of this lease, at its own cost, ~~d without any
expense to lessor, maintain the premises and any improvements thereto,
including sidewalks adjacent thereto, in-gOOd, sanitary, a~d neat
order, condition and repair, and, exc~pt as specifically provided
herein, restore and rehabilitate any improvements of any kind which
may be destroyed or damaged by fire, casualty, or any other. cause
'whatsoever.
Lessor shall not be obligated to make any repairs,
replacements, or renewals of any kind, nature, or description,
whatsoever to the demised premises or any buildings or improvements
thereon. Lessee shall a]_so comply with and abide by all federal,
state,
county,
. . ,
mu.o..lC1pa..LI
and other governmental statutes,
,I ordinances, laws, and regulations affecting the demised premises,
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the improvements thereon Or any activity or condition on or in such
premises.
10.
INDEMNIFICATION OF LESSOR:
Lessor shall be liable for any
loss, injury, death, or damage to persons or property which at any
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JOHN J. r.tUNZEL . A TTORNFII A T LAW. 548 ROANOKE AVENUE. R!VERHEAD. NEW vOtJ:K 11901
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time may be suffered or sustained by lessee or by any person whosoever
may at any time be using or occupyi--" or visiting the demised premises
or be in, on, or about the same, whether such loss, injury, death,
or damage shall be caused by or in any way result from or arise out of
any act, omission, or negl_:ience of lessee or of any occupant,
subtenant, visitor, or user of any portion of the premises, or shall
result from or be caused by any other matter or thing whether of the
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same kind as or of a different kind thatn the matters or things above
set fort.h, and lessee shall indemnify lessor for damages to the
improvements that are now on or hereafter placed or built on the
premises and to the property of lessee in, on, or about the premises,
and for injuries to persons or property in or about the premises,
" from' any cause arising at anytime.
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The two praceding sentences
shall not apply to loss, injury, death, or-damagearis.ing by reason
of the negligence or misconduct of lessor, its agents, or employees.
11.
ATTORNEY$' FEES:
If any action at law or in equity shall
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of.any breach of, or to enforce or interpret any of the cove~ants,
terms,
or conditions of this lease, or for
t':1e recovery. of the
possession of the demised premises, the pre~ailing party shall be
entitled to recover from the other party as part of the prevailing
party's costs reasonable attorneys' fee, tae amount of which shall
be fixed by the court and 5':1all be made a part of any judgment or
decree rendered.
at the times, and in the ma~ner herein ~rovided. and shall keep and
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perform all the terms and conditions hereof on its part to be kept
and performed, and, at the expiration or sooner termination of this
lease, peaceably and quietly quit and surrender to lessor th. premis.s
in good order and condition subject to the other provisions of this
lease. In the event of the non-performance by lessee of any of the
covenants of lessee undertaken herein, this lease may be terminated
,
,
as herein provided.
13. INSURANCE: Lessee shall maintain in effect throughout the
term of this lease personal injury liability insurance covering the
premises and its appurtenances and the sidewalks fronting thereon
in the amount of ONE MILLION DOLLARS ($1,000,000.001 for injury to
or death of anyone person, and THREE MILLION DOLLARS ($3,000,000.001
for injury to or death of any number of persons in one occurrence,
and property damage liability insuranc~ in the same amount.
Such
insurance sha.ll s"ecifically insure lessee against all liability
assumed by it hereunder, as well as liability imposed by. law, and
shall insure both lessor and lessee but shall be so endorsed as to
create the same liability on the part of the insurer as though
separate policies had been written for lessor and lessee.
13. . WAIVER: The waiver of less~r of, or the failure of lessor
to take action with'respect to any breach of any term, covenant, 0=
condition herein contain..:::: ~'hal1 not be deemed to be a waiver of
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Ii such term, covenant, or COL\."'.U.cn, or subsequent breach of '::.>e sam.e,
I or any other term, covena. '1';, or condition therein ccr, '.'line::. The
."scbseque!lt accept,ance of r-' : ,':. ~"~:~:;:.~un;der by lesso,;;: ~h.all ,",:;1.: \.-)e d'Z',e::~~.',:~
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II to be a wal.ver OJ: any prece
!l or condition of this leasp
g ::react!, b)<' lessee C.c'
t~>rmf ccq~nant,
~t~8r tk2~ ~~~ failure ~~
lessee to p~y
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JOHN ,r. MVN7.h oll AT r[,> -
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the particular re~tal so accepted, regardless of lessor's knowledge
of such preceding breach at the time of acceptance of such reDt~_ .
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IN WITNESS WHEREOF, the parties have executed this le~~~on t~.
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day and year first above written. U. ;:":'. '"._
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INCORPO TED Vl AGE OF GREENl!ORT-~~<
By GEORGE HUBBARD, Mayor
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HN GIAN ARIS
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HELEN HARTOFE IS
STATE OF NEW YORK
COUNTY OF SUFFOLK
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On the /0 day of ///{Q-z..J.-, 1981, before me personally came
GEORGE HUBBARD to me known aid known to me to be the individual
described in and who executed the for ing instrument, nd
ackn~wledged that be executed the same. ~ c~. ~
NO . OK
V f'UiUC. St.t. 0/ N.V
~ Co, No, 4735151
COUNTY OF S01"F~ SS. : Term EXpires Mart/130. 19L'Y
On the JtJ'1 day of /7#[ , 198, cF, before me personally came
JOatll GIANNMUS to me known and known I t~ me to be the individual
described in' and' who executed the foregoing instr e and
ackeowled.ed thet he executed the "me. ~~~ ~~~~
';\::otary_ ~ lie
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ss. :
STATE 01" NEW YORK
~STATE' OF NEW YORK
ilCOUNTY OF SUFFOLK 88.: .
i,. On the ~(}7T day of~;fY 1984, ,befo~re ffibS' petrhS,o~~':l,~j' car:!~
"k d known to me to 'e _~, J,.,"C.~. '.',.
""""L~N HART FELIS to me nown an ". " ' ,,' _ ~.,
.,aJ;:;.r.. ~ t' d the fol.c~r'",:",' -, nq~nst.cU.me',i '--,' rM ,',p I
ij'described in and who execu e "," ''''''... _ ( I /, _ I.
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ll."ckr'ciw-' ,:,'dged that s e exeCUL-~'. i~C: '-''''- / /,1 ~,,;::~, _ /' .... ,/,1 _,,""',.' !
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FAE;):;';""~iC', J. ._.' 'r'_'!
NOTARY F'hH ,l;: .'~, _
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Q..m.Lfi;?'J ;,"' ;;h j",o~'-'
Com1J~:5SI(;ri ~''Prrcs '~'" '
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All that certain tract or parcel of land situate, lying
aDd being at East Marion in the Town of Southold, County of Suffolk
and State of New York, and bounded and described as foll~ws:
BEGINNING at a point on the easterly side of the Main Road
at the southeasterly corner of land formerly of Daniel F. Brown and
now or formerly of Hattie Brown, and
,
,
RUNNING THENCE along lands of Brown North 33017' West
265.80 feet to a concrete monument at the southerly side of land now
or formerly of w.e. Brown,
THENCE along lanes of W.~. Brown North 600 00' East 123.60
feet to a concrete monument on the easteriy line of other property
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~ of the Village pf Greenportl
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THENCE along lands of the Village of Greenport South 32015'
East 283 feet to a concrete monument set on the northerly line of
the Main Road;
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ThENCE along the northerly line of the Main Road on a curve
to the right whose radius is 1009.0 feet a distance of 120.81 feet to
the
point
place
of
or
BEGINNING.
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JOHN J. M'_~~?':!.. . t ;;^P".,".Y A.... ',I' 'f/ . ~i'q p,.....'\"''''I(LI'>V~''.'__!r: .. t::!VI:"t:::I-!I::AD, NEW YORK , 19C~
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Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 2S
SOUTHOLD, L.I., N.Y. 11971
TELEPHONE 15161 765.1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
TO:
FROM:
DATE:
SUBJECT:
Southold Town Planning Board
Southold Town Board of Appeals
September 10, 1984
Hellenic Cabins (a/k/a John Giannaris, et al.)
As you may be aware, a public hearing was held by the Z.B.A. on
July 26, 1984 concerning the variance for permission to use
adjacent Village of Greenport property for additional parking
for the restaurant/snack bar use.
At that time, Mr. Kapell indicated he had an appointment to meet
with the Planning Board July 30th concerning the amended site
plan and changes in the ingress and egress. The public hearing
was closed, and the comments of the Planning Board are requested
to this board in order that the time period for a Z.B.A. decision
does not expire.
This matter will
September 13th.
be deliberated upon for a decision Thursday,
May we have your comments before then.
C[P{V1I
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KAPELL REAL ESTATE, INC.
400 Front Street
Greenport, New York 11944
516-477-9403
Mr. Bennett Orlwoski
Chainpan
Southold Town Planning Baord
Main Il.oad
Southold, N.Y. 11971
Dear Benny:
.
AU6t7f"4
REAL ESTATE
ENTERPRISES
CONSULTING SERVICES
August 17, 1984
I enclose, herewith, three copies of 4 revised site plan for the Hel.'
lenic Snack Bar property in East Marion. Upon review, you will note that we
have chosen to stay with the ingress and egrees plan which was originally
approved by your Board in February. In as much as this paln differs from -
the discussion which we had with you on July 30, 1984, we would like to meet
again to discuss the changes.
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D id E. Kapell
s agent.
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Southold, N.Y. 11971
(516) 765-1938
August 2, 1984
Mr. David Kapell
400 Front street
Greenport, NY 11944
Re: Hellenic Snack Bar
amended site plan
Dear Mr. Kapell:
Please let this confirm the request of the Planning Board
at the Monday, July 30, 1984, meeting.
The Planning Board requests that you submit a copy of the
lease from the Village of Greenport for the land east of
the building, as well as, six (6) copies of the survey
map indicating a handicap ramp into the building.
If you have any questions, please don't hesitate to
contact our office.
Very truly yours,
BENNETT ORLOWSKI, JR., CHAIRMAN
~UTHOLD TOWN PLANNING B~ARD
be:. LLetl: C'I\ ',' ~iu I Lc:ijJ.G':,.
By Diane M. SCh~~ze, Se retary
P.S. Would you please forward the $50 filing fee to our office
at your earliest convenience. Thank you.
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JUL Z t984
DAVID E. KAPELL
400 Front Street
Greenport, New York 11944
516-477-9403
REAL ESTATE
ENTERPRISES
CONSULTING SERVICES
Mr. Bennett Orlowski, Jr.
Chairman
Southold Town Planning Board
Main Road
Sothold, N.Y. 11971
July 2, 1984
Dear Benny:
I enclose, herewith, a proposed ammended site plan for the Hellenic
Snack Bar project in East Marion for which the Planning Baord approved a
site plan on February 13, 1984.
The Hellenic owners have leased a portion of the property contiguous
on the east which is owned by the Village of Greenport. The lease is for a
term of 10 years and allows for the proposed use of a parking lot.lt is the
intention of the Hellenic owners to contruct a parking lot which will aca~
modate 58 cars on the leased land. This new lot is intended to replace that
approved ~R the original site plan.which had a capacity for only 20 cars.
Please be advised that we have applied to the Zoning Board of Appeals as
per Article XI, Section 100-112H of the Southold Town Zoning Ordinance.
We believe that our revised plalll offers a superior means of elimina~. .
ting'bhe traffic hazzard which currently exists at the site, while also
accomodating the expansion needs of the Hellenic owners.
Best Regards,
~'2.11
as agent
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