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HomeMy WebLinkAbout3112North Side M~in Rd., Cutchogue 6/23/83 CA-Use accy. off-street parking area ad- joining %his---premises for this proposed library. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOLJTHOLD, L.I., N.Y. 119'71 TELEPHONE (518) 785-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3112 Application Dated April 6, TO: Mr. William Peters Cutchogue Free Library Box 935 Cutchogue, NY 11935 1983 (Public Hearing held 6/23/83) [Appellant (s)] At a Meeting of the Zoning Board of Appeals held on July 8, 1983 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article XI , Section 100-112(H) [ ] Request for The public hearing on this application was held on June 23, 1983. Upon application of CUTCHOGUE FREE LIBRARY, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-112(H) for permission to use accessory off-street parking area adjoining this premises for this proposed library. Location of Properties: North Side of Main Road, Cutchogue, NY; County Tax Map Parcels No. 1000-102-05- 22 and 23. The board made the following findings and determination: This is an application for a Variance to Article XI, Section 100-112(H) of the Zoning Code which requires, "...accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory"; and also requires, "...Such spaces shall be in the same owner- ship as the use to which they are accessory ...approved by the Board, binding the owner and his heirs and assigns to maintain the requires number of spaces available either throughout the existence of such use to which they are accessory or until such spaces are provided elsewhere .... " The parcel presently owned by the library is zoned "B-1 General Busi- ness'' and contains an area of 4,925 square feet, with 50' frontage along Main Road (S.R. 25). The premises is improved with an existing one-story brick and frame structure containing floor area of approximately 1,530 square feet. Under subsequent appeals, No. 3109 and 3110, the applicant is proposing an addition approximately 2,206 square feet. The total floor area proposed by this appeal, Appeal No. 3109 and No. 3110, is approximately 3,736 square feet. The lease agreement dated March 14, 1982 between the Cutchogue Free Library and Richard F. Lark authorizes the library to use the paved driveway and parking areas behind the library behind and Mr. Lark's office until December 31, 1976; and a copy has been submitted for the record. An option to purchase agreement between the same parties dated June 11, 1982 giving the library the right to purchase the areas known as "23A" and "23B" for parking purposes, increasing the area for library use by an additional 10,462 square feet. A copy of the option to purchase agreement has been submitted for the record. In considering this appeal, the board determines that: (1) the DATED: July 19, 1983. CHAIRMAN, SOUTHOLD TOWN OF APPEALS Form ZB4 (rev. 12/81) ZONING BOARD Page 2 - Appeal No. 3112 - CU~CHOGUE FREE LIBRARY Decision Rendered July 8, 198~ ~.! ~ ~ -'"'he circ~tances herein are unique variance is not substa'n~ial; 4(2) t and the practical difficulties have been shown; ~(3) by allowing the variance, no substantial detriment to adjoining properties would be created; (4) the difficulty cannot be obviated by a method feasible to appellant other than a variance; (5) no adverse effects will be produced on available governmental facilities of any increased popu- lation; (6) the relief will be in harmony with and promote the general purposes of zoning; and (7) the interests of justice will be served by allowing the variance, as indicated below. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3112, application of CUTCHOGUE FREE LIBRARY for a Variance to the Zoning Ordinance, for accessory off- street parking upon premises adjoining this parcel and subject to the agreements mentioned above, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no easterly side yard reductions; 2. The main entrance/exit is not to be at the east side of the existing building. Location of Property: 28735 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-022. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Grigonis. (Members Doyen and Sawicki were absent.) This resolution was unanimously adopted. RECEIVED AND FILED BY THE SOUmO,.D TOW Town Clerk, Town of Southold /' GERARD P. GOEHRINGE,R/ CHAIRMA · July 19, 1983 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 April 30, 1984 Mr. William Peters Library Expansion Chairman Cutchogue-New Suffolk Library Box 935 Cutchogue, NY 11935 Re: Your Letter dated March 24, 1984 Dear Mr. Peters: Although we have always tried to be receptive to your requests in the past, our counsel advises us that it is impossible to entertain requests of this type without a formal application and following the legal steps necessary for same (i.e. public hearing, etc.). The filing fee for an application to this department is $50.00, and if you would like to prepare a "sketch" in the preliminary p~ase rather than a survey by an engineer, you may do so. It is our understanding that the Planning Board will also review a "preliminary sketch" and their fee for site plan approval is also $50.00. Please keep us advised. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN cc: Building Department By Linda Kowalski MAIN RnAD- BTATE RI'lAD 25 SI3UTHI:3LD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI November 14, 1983 Mr. William B. Peters Cutchogue-New Suffolk Library Box 935 Cutchogue, NY 11935 Re: Your Note Received 11/14/83 Dear Mr. Peters: This morning our office received a brief note con- cerning a proposal of the library to locate in Cutchogue on a particular site located along North Street presently containing 2.3035 acres and located in the B-1 General Business District. Article VII, Section 100-70(B) [1] (b) and Article III, Section 100-30(B) [4] of the Zoning Code permits a library as noted by the attached conditions (a) through (f) [from page 10021 of the Zoning Code], by Special Exception from the Zoning Board of Appeals and subject to site plan approval from the Planning Board. If the parcel in question is proposed to be subdivided with a minimum of 30,000 sq. ft. in area and 150 feet of road frontage, then subdivision or set-off approval is required by the Planning Board. We are enclosing a set of forms for a Special Excep- tion and ask that if you plan to proceed as above noted, please submit your plans to the Building Inspector for verification of the above set of procedures and any other requirement that ~ay be needed under the Building or other c6des which the Zoning Board does not have authority. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk cc: Building Department Planning Board 130x q~. c~l~:cflo~uf-,'r~r~ ..~o~fe n,J3$ Library Board of Trusteel President Dr. Susan Rosenstreich Vice President Robert Shaw The Cutchogue Free Library is actively seeking properties centrally located in Cutchogue for the location of the new Cutchogue-~iew Suffolk Free Library. In order to meet the Code Of The Town of Southold, approximately one acre of land i~ required. Attached is a survey of a plot under consideration. C n this plot be subdivided into two equal parcels of greater than one acre each? If so, in your opinion, can ~ library be located upon either parcel? A telephone call will be adequate response. Bill Peters 734-5989 t,,I. Z~O° 1 5' il O' AgZ.,45 F,,I 0 r~.FF t.4 0 COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE ~. KOPPELMAN Town of Southold Board of Appeals July 29, 1983 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning. Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Parkside Heights Co. North Fork Bank & Trust Company East End Supply Co., Inc. Cutchogue Free Library Doug & Karin Constant 2956 3029 3080 3111 3112 3141 GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning ,~ )/ Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: xx Variance from the Zoning Code, Article XI , Section 100-112(H) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3112 Location of Affected Land: County Tax Map Item No.: Within 500 feet of: Applicant: CUTHCOGUE FREE LIBRARY Cutchogue xx North side of Main Rd., and 23. 1000- 102-05-22 Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, Owned Land Boundary of Existing or Proposed County, or Other Recreation Area Existing or Proposed Right-of-Way of Any Channel Owned by the County or lished Channel Lines, State or Federally- State or Federal Park Stream or Drainage for Which The County Has Estab- or Within One Mile of a Nuclear Power Plant within One Mile of An Airport. was granted COMMENTS: Applicant .~YsX~Y~ permission to use accessory off- street parking area ajoining this premises for this proposed library. Copies of Town file and related documents enclosed herewith for your review. ~/~p~~ ~~ Dated: July~, 1983 / · Temp. Secretly, Board of Appeals Southold Town Board of Appeals MAIN RDAD- STATE RDAD 25 srlUTHI3LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWlCKI July 19, 1983 Mr. William B. Peters Cutchogue Free Library Box 935 Cutchogue, NY 11935 Re: Appeal No. 3112 (Variance) (Off-Street Parking) Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may b~ applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to Building Department Planning Board' By Linda F. Secretary Kowalski HENRY E. RAYNOR, Jr., Chairtnan JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCH1E LATHAM, Jr. WILLIAM F. MULLEN, Jr. PI~k~D TOV o Southold, N.Y. I1971 TELEPHONE 765-1938 June 24, 1983 Mr. Victor Lessard Building Administrator Southold Town Hall Southold, New York 11971 Re: Cutchogue Library Site Plan Dear Mr. Lessard: The following action was taken by the Southold Town Planning Board, Monday, June 20, 1983. RESOLVED that the Southold Town Planning Board approve the existing buildinq, Cutchogue Free Libraryt located at Cutchogue, subject to Zoning Board of Appeals approval. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: By Susan E. Long, Zoning Board of Appeals~- William Peters, Chairman Secretary CUTCI{OGUE FREE LIBkARY CERTIFICATE OF OCCUPARCY (EXISTING BU I12)ING) 2~IILDIIIG PEt~J.iIT (i, IBRARY EXPANS'IOi~ ) SPEC]AL EXCEPTION#3111 A]~t~EAL #31 12 TOW!~ CODE DOES NOT SPECIFY LIBi','dlY AS A ll(OPER USE IN A B-1 DI'~:~TRICT TOWN CODE STATES THAT PARKi!~G .~iO.~A I,,US I.]JST BE OWNED. LIBRARY IS LEASi~G WITH OiTIO~ TO BUY. THIS OPTIOF~ WILL BE EXERCISED WHEN BUILDIhG ~JPECIAL EXCEPTION #3109 A.r~ EAL #3110 TOY/i! CODE DOES NOT SPECIFY ,kS A t'~orER. USE IN A B-1 DISTi{IC? REDUCTiOi; oF EASTEifLY SIDE AND FRONT YARD SETBACKS ARE ~QUESTED. TIIE COVERED WALii I~IN ROAD ENT[(AHCE PORCII ARE IRE~ FOR LIBh~t~tY PATRON SAFETY AHD FOR ~:[fOt'ER EUHCTi0HI1]G AS ..~ IqA.. R. Ln~fK (~AS~ NEIGHBOR) SITE ~'LAN AP RO~ED BY ~LANhI[~G BOAi~ Southold Town Board of Appeals 53095 Main Road Town Hall $outhold, New York 11971 June 1, 1983 ,/___~ j ~/~/~ Board of/~ppeals ~ Town of $outhold Re. Cute~,ogu~ Free Library A~peal No. 3110 Att: Gerard 2. Goebringer, Chairman Dear [.Ir. Goehringer: Attached are minutes of meeting which wJ. ll clarify ~uestions raised in Mr. Lark's memo to you dat~,d May 1~, 19~. Mr. Lark withdraws his concerns w%th regard to the Cutchogue~/ Fr~ee Library .appeal ~o. 3110. ~-~~ ~ ~/~/~~- ~r. ~eters agrees that no additional l~d is r~quired o~ Mr. L~rk other t}'an that ?resently contracted for in the lease with option to buy agreement which presently ~xists between Mr. L~rk and th~3 Cutchogue Free Libr-~ry. Very truly yours, Ui!li~.m t~eters Attachment 7~inute~ of Meeting 31, 1983 of Appeals ~urpose: Resolv~ Mr. Richard Lark'~ ooncer~:~ with r~gard to th~ Cutcbogue Free Libr~.ry Ap?eal )~o. 3110, Req~eat for Variance of Yard Uetbacks, as expressed in his memo to Mr, Goehringor dated ~'~ay 13, 1983. Location and time: Mr. J~ioh~rd Lark's office, Main Road, Cutchogue, New York. May 31, Attendees: Mr. Richard Lark Mr. Fred Bentel, Architect, Ms. Jane Minerva, Director, ~r. \~illiam ?eters, Chairman, Library i~xpansion 1983 10:30 A.M. Bentel and Bentel Cutchogue Free Library Cutchogue-New Suffolk Front yard setb~ck reduction from 19.6 ft. to 15,3 ft. Mr. Fred ~entel (in summary) This setback red~ct~on i~ being reque.~t..~d in order to provide a window into the library over entrance. Tkis will improve of th~ existing b~lilding, v~rovide interior of the library, act as a with the cow, red walk, and act as integrsted with a roofed- the ap:~ear~nc~ of the front a welcoming view into the stroker entrance in conjunction a funnel to steer library patrons to this covered walkway, Keeping tbe~ from using the common driw~way as an ~ntrance. Resolution - Mr. ~,ark under~tands the purpose of the front~_~ yard setback reduction and qonc~rs" with its function~, /Z~-~.~ 2. !',a~t side yard ~'~etback reduction from 7.~ ft. to 1.S ft. Mr. Fred ~e~tel (in summary The reduction in setback is required to provide for a covered walkway leading libr;~ry ~atrom~ from the street and from the ra, ar nar~_ing area to th-~ library entrance. Library design dict,~,tes th, t t ere be a single control area in the library from w;ich all public araa~ of th:~ libr~ry and the :~ntrance-exit are visible. ~lh~ control area ~nd the .~ntrance- exit ::~ho~!d b,~ in clo~e ~roximity. [~Jrce Datrons will be ~inutes of Meeting May 31, 1983 Purpose: Resolve ?r. Richard Lark'~ concern~ with r~gard to the Cutcbogue Free Library Ap?eal No. 3110, Req~eat for Variance of Yard Uetbacks, as expressed in his memo to Mr. Goehringer dated ~ay 13, 1983. Location and time: Mr. 2~ichard Lark's office, Main Road, Cutchogue, New York. May 31, Attendses: Mr. Richard Lark Mr. Fred Bentel, Architect, Ms. ~ane Minerva, Director, Mr. \~illiam Z~eters, Chairman, Library ~i×pansion 1983 10:30 A.~. Bentel and Bentel Cutchogue Free Library Cutchogue-New Suffolk 1. ~ront yard ~etb~ck roduction from 19.6 ft. to 15.3 ft. Mr. ~'red ~entel (in s~mmary) This setback red~ctio~ i'~ being request~d in order to provide ~ window ~nto the librar.v integrated with a roofed- ov~r entr~nce. T]~is will i~a~rov~ the a~ear~nc~ of the front of ths ~xisting ~ildi~g, provide a welcoming view into th~ interior of the librarl~, act as a ~-~tro~t entrance in conjunction with the covered walk, and act as a funnel to steer library patrons to t~is covered walkway, ~eeping the~ from using the common driw~way as an sntrance. Resolution - Mr. ~ark under~tands ths purpose of the front~ yard setbaok reduction and c. onc~rs ?ith itM £uootion~. ~-~'~<-~ 2. ~ast side y~rd setback reduction f~om 7.~ ft. to 1.8 ft. Mr. Fred ~e~tel (in summary T~e reduction in setback is re. quired to provide for a covered walkway leaSin~ libr~ry i~atron~ from the stroet and from th~ roar ~arkin~ are. a to the library entrance. Library ~esign dictates th.-.~t t ere b~ a single control ar~a in the library from w~ich all public ar~.a~ of th~ libr~r.¥ and the ~ntrance-e~it are vincible. Th~.~ co~trol area ~nd the .~ntr~nce- exit :~ho~ld b.~ in cloae ~3roximity. 2,~rce patrons will be Planning Boar,d Town of Southold Southold Tov~ Hall Southold, New York 11971 Sirs: June 13, 1983 Library Board of Trustees president Dr. Susan Rosenstreich Vice president Robert Shaw Attached are four (4) copies of a revised site plan for the new Cutchogue Library prepared by Bentel & Bentel, Architects. This revision provides the following added information: new dr~vwell locations, sub-soil coz:position, exterior lighting, ground slope, and the existing Lark property cesspool. This additional information was provided by I?. Richard Lark during a meeting held between i._r. Lark on ]..a~ 31, 1983 at 9:30 A.~.~. and Cutchogue Library representatives The original purpose of this meeting was to clarify questions raised bM l..r. Lark in his memo to the Appeals Board dated I,.ay 13, 1983. The Cutchogue Library believes that the questions raised by ~r. Lark have been resolved and will transmit same via separate ~:emo. The Cutchogue Library is discussed with ~'~r. 1983, and at I~ay 16, 1983 awaiting a date for a site visit as ]'-arch 29, the full ~la:~uing Board on Rag:nor a~ an informal meeting on a formal hearing with at 8:30 ~.~ . Very truly .yours, William ~eters, Library Expansion ~hairman Attachrsent r 4 copies CC: Rev. Warren S. Beaven, Parish Minister Cutchogue United Methodist Church Winifred Billard Jane Blaikie John P. Blewett, Pres. New Suffolk Civic Assoc. Marcus R. Bryan, Pres. Birch Hills Assoc. Rev. George Borthwick, Cutchogue Presbyterian Church Frederic J. Bruce, Pres. Nassau Point PropertV Owners Association Marjorie Moore Butterworth Frank Cichanowicz Ill Gerard M. Conroy, Pres. Broadwaters Board of Appeals w/4 copies attachment Richard Lark w/1 copy attachment Citizens Advisory Committee Rev. Msgr. John F. Cwalina, Our Lady of Ostrabrama Roman Catholic Church Mrs. George B. Drake Jr. Herbert Fett Jr. M. D., Pres. Fairway Mrs. Hollis W. Grat hwohl Louisa Hargrave William F, Heneghan, M. D. Pres. Fleets Rev. John P. Henry, Sacred Heart Roman Catholic Church Fred W. Kaelin Jr. Chief, Cutchogua Fire Dept. Albert J. Krupskl Br. Walter F. Luce. Pres. Cutchogue-New Suffolk Chamber of Commerce Virginia McCaffary, Pres. Cutchogue- New Suffolk Historical Council Sarah Moore Martha J. Paul Jac~ueline Penney Willlam Peters, Pres. Nassau Farms Assoc. Elizabeth J. Plimpton Edward A. Purcell, Pres. Kimogenor Pt. CorD. Alfred Splro, M.D. Dir. Dept. of Pediatric Neurology Albert Einstein College of Medicine Paul Stoutanburgh Bonnie S. Towle, Pres. Friends of the Cutchogue Library Thomas Uhlinger Ronnie Wacker John Wickham, Member, Long Island Regional Pla nning Commission Planning Board Town of Southold Southold, M.Y. Attn: Mr. ~enry Raynor May 9, 1983 Dr. Susan Rosenstrelch Robert Shaw William Gardner Membera James Corcoran Robert McAII Lawrence Milius Philip Rysko Virginia Suter Library Director Jane Minerva Library Expansion Chairman Dear Mr. Raynor, Evidently your letter of May 4, ~983 and my lstter of ~ay 5, 1983 crossed each other in the mail. tour letter does, however, arise some points not previously covered. Attached is a with Mr. Lark. agreement. copy of the lease agreement which we presently have In my ~etter of May ~ Y enclosed our purchase Ingress and egress is an existing driveway located betwesn the old Court- house building and Mr. Lark. We are compl~ng with ?~. Larks wishes by not making any changes to the existing library. ~his is shown by the reviesd Site ~evelopmsnt 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 Minister Cutchogue United Methodist Church Winifred BiHard Jane Blaikie John P. Blewett, Pres. New Suffolk Civic Assoc. Marcus R. Bryan, Pres. Birch Hills Assoc. Rev. George Borthwick, Cutchogue Presbyterian Church Frederic J. Bruce, Pres. Nassau Point Property Owners Association Marjorie Moore Butterworth Frank CJchanowicz Gerard M. Conroy, Pres. Broadwater~ Thomas S, Cottrell, M. O., Assoc.~.ean, Very truly ~vours,~-~ · ~illi~m P~ter~, Ch~.irm~n Cutcho~e-New Suffolk Library expansion Rev. Msgr. John F. Cwalina, Our Lady of Ostrabrama Roman Catholic Church Mrs. George B. Drake Jr. Herbert Felt Jr. M. D., Pres. Fairway Farms Assoc. Mrs. HoUis W. Grathwoh~ Louisa Hargrave William F. Heneghan, M. D. Pres. Fleets Neck Pro;)erty Owners Assoc. Rev. John P. Henry, Sacred Heart Roman Catholic Church James Homan Fred W. Kaelin Jr. Chief, Cutchogue Fire Dept. Albert J. Krupskl Sr. Walter F. Luce, Pres. Cutchogue-New Suffolk Chamber of Commerce Virginia McCaffery, Pres. Cutchogue. New Suffolk Historical Council Sarah Moore Martha J. Paul Jacc!ueline Penney William Peters, Pres. Nassau Farms Assoc. Elizabeth J. Plimpton Edward A. Purcell, Pres. ~imogenor Pt. Corp. Alfred Spiro, M.D. Dir. Dept. of Pediatric Neurology Albert Einstein College of Medicine Paul Stoutenburgh Bonnie S. Towle, Pres. Friends of the Cutchogue Library Thomas UhHnger Ronnie Wacker John Wickhem, Member, Long Island Regional Plenniag Commission ~ ~~ Pattlei to this LEASE The parties agree as follows: March /,/ 19 82 Landlord: RICHARD F. LARK Address for nolices: Main Road, AGREEMENT P. O. Box 973, Cutchogue, New York 1193. 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" used in this Lea~ includes them. ,.' 1. Five (5) y~ars: months: beginning: January 1, 1982 ending: December 31, 19 86 Z Driveway and parking area as outlined in red on the attached map of property surveyed for Richard F. Lark by Roderick Van Tuyl, P.C. dated December 6, 1977. See Schedule A for description whic~ is outlined in red on the attached survey for the purpose of parking for the Cutchogue Free Library. ~.'..~ ~ .. the calendar year 1982. ~'-'" 3. The yearly rent is $ 600.00 for/ . You, the Tenant, will pay this yearly Rent to the Landlord, as follows: $300.00 on March 1, 1982 and $300.00 on September 1, 1982; $660. for the cale_~ar year 1983 payable as follows: $330.00 on N~rch $330.00 on September 1, 1983; .[720.00 for the calendar year 1984.payable as follows: $360.00 on I4arch 1, 1984 and $360.00 on September for the calendar year 1985 payable as follows: $390.00 on }$arch '1, 1985 an $390.00 on September 1, 1985; $840.00 for the calendar year 1986 payable as follows: $420.60 on }~rch 1, 198£ and $420.03 on Seiy~-mber 1, 1986.. 4. Landlord leases the Premises to you, the Tenant, for the Term. You, the Tenant, agree lq pay the Rent and other charges as required in the Lease. You, the Tenant, agree to do everything required Of you in 5. If you, the Tenant, 5.1 fail to pay Rent, or any part of the Rent, - - 5.2 fail to comply with any other term of this l.case, 5.3 vacate the premises at any time during the Term, then Landlord may re-enter and take possession o1' the P~emises by any lawful means, and remove you, the Tenant and any other person on the Premises and their property, by dispo~-.sess proce~lings, or by other lawful means, without being liable in any wa). ~a;r'~d,?~;~ ,mx~qx:::~g~x0i:noe.~x~-r.~m You, the Tenant, agree that at the end of the Term you Mil surrender the Premises in as good conditirm as now, except for ordinary wear and damage by the elements. Changes: '~an'c't odv b) ai~ agrtenlcnt i~l ~rlthlg s by the parties to tile 8. This k~asc can ,~e -" ~ ' 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. connection 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 claims ~or damage resulting from injury to persons and' property sustained by anyone in or about the demised premises, said policy or ~o]ic~eS of insurance shall be in the amount of ~ot less than $100,000-00 for. injury to or death of any one person and'not less than $500,000.00 for injuries to or death of, t of the same accident and in .... ~er of persons arlsln~ ~unn~ 00for damage to pr~e~- any ~ ...... ~han ~2~,~' -~e ~m~unt of not xe== ~ ~ ~w blanket cov~i~ r. the ~--- . . may be covereo un~t ...... ~ such pol~c~S. ~ pollcleS~ [=~ furnish certl~c~uu~ ~- and the Tenan~ s the Landlord. to The Tenant agrees to be responsible for all maintenance to 11 surrounding the driveway and the paved portions of the parking area and keep same free from potholeS and to keep the graSS the paved surface cut, and on a weekly basiS to clean up the parking area and driveway of ~all canS, broken glass, papers and other debris. The Tenant shall also provide at least two garbage cans for use of their patrons and will 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 ~enant'S own cost and expense- 12 The Tenant shall not assign or sublet the premises during · erm of this lease- · the t ....... ~ntered into au optlO~ yo~rchase -~ ~he oarties heretO n~v~.~ ~ ~n the event t~a~ ~o~ent~of even date hereWlL~a~e~s lease will terminate a~-i -~cises said option, u~e,, ~= ~rms of the option n the closing oz u~*~ ~ · · o ~ --le and all rents will be ad3ustea SCilEDULE 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 Librarv 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 Samohel; 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 ~ree 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. Quiet Enjoyment: Landlord agrees that if you, the Tenant pa)' the rent and are not in default under this L~as~, you, Tenant may peaceably and quietly have, hold and enjoy the Premises for the Term of thi~ L~as~. The parties have signed this lease as of the date at the top of the first page. .. : Richard F. ~a~ .............................................................. ~.;.;...;.~=.....~.~ Sou, ~he TENANT: ..- WITNESS: ~TCHO~ .ER~-~RX ...................... ...................................................................................... By- .~.~ ~.~ ~ ... 1~o~c q~, C~ccf2o~L~,~2f~t~l ~o~. Uq3S Southold Town Planning Board .Southold, N.Y. Attn Mr. ~enry Raynor, Chairman May 5, 1983 Library Board of Trustees Pres;dent Dr. Susan Rosenstreich Vice President Robert Shaw Secretary Helene Kohn William Gardner Sir: ~ttached are revised Site Development Plans delineating the following changes: a) Driveway changes have been delete~. Mn; Lark has objected to the driveway as proposed reducing his side yard lawn. ~here will therefore be no changes to the driveway other than repair after ~construction. h) ~arking lot parking spaces have been added. Aa 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 Gontract of Sale between ~r 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. Yours. truly, William Peters Chairman, Library Expansion (734-5989) Rev. Warren S. Beaven, Parish Minister Cutchogue United Methodist Church Winifred Billard Jane Blaikle JohnP Blewe;~.Pres. Ne~v Suffolk C~vic Assoc. MarcusR Bryan. Pres. Birch Hills Assoc. Rev. George Bor thwick, Cutchogue Frederic J, Bruce, Pres. Nassau Point Frank C~ch&nowicz Thomas S Co::reiI, M.D..Assoc. Dean. William F. Heneghen, M. D. Pres. Fleets Neck Property Owners Assoc. Virginia McCafferv, Pres. Cutchogue- New Suffolk Historical Council Sarah Moore Martha J. Pau; Jac~ueline Penney William Peters, Pres. Nassau Farms Assoc. Elizabeth J. Pllmpton Edward A. Purceg, Pres. Kimogenor Pt. CorD. Alfred SDiro, M.D. Dir. DeDt. of Pediatric Neurology OPTION AGREEMENT betwg~n RICHARD F. LARK and CUTCEOGUE FREE LIBRARY 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 CUTCtlOGUE FREE LIBRARY, an Educational Corpora%ion 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 thc sm~'o.f $100.00 paid by the party of the second part to the party"of the first par~, 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 hereundcr shallbc applied towards the purchsl price. 2. The total purchase price of the property subject to this option shall be the sum of $16,000.00 to be paid by the party of the second part, if this option is exercised as provided in the annexed contract of sale which is attached hereto as Exhibit 1. 3. This option and all rights and privileges hereunder shall expire on December 31, 1986 at 4:00 P.M. 4. This option is to be exercised by the party of the second part by written notice subscribed by the party of the second part by certified mail, within the time set herein for the exercise of this option along with an executed form of contract (Exhibit 1 together with the down payment of $1,600.00. 5. It is recognized between the parties that if this option 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 annexe ontract of sale (Exhibi' 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 ~xecute any nece~sar~ consents or authorizations as may be required Dy the Plahnlng ~oara. 6. In the event that the party of the second part does not exercise this option as herein provided, that said sum of $100.00 shall be retained by the party of the first part, free of all claim by the party of the second part and neither party shall have any further rights or claims against the other. 7. In the event the option is exercised as herein, provided then the parties hereto respectfully form the obligations as seller and purchaser therein. 8. This option shall not be recorded or filed in any office ~ln which such instrument may be recorded or filed. 9. The party of the second part shall not have the right to assign this option. part 10. This option is nothing more than an of the party of the first part granting agreement on the to the party of the second part the right to purchase the premises under the conditions set forth herein and in no manner creates a partnership or joint ,iventure. between the parties. 11. All understandings and agreements heretofore had between the parties are merged in this option which alone fully and completely expresses their agreement. No change may be made in' this option except by instrument in writing, duly executed with the same formalities as this option. IN WITNESS WHEREOF, the parties hereto have signed this agreement the day and year first abo~Fitten. ~ . '~OTE: FiRE LOSSES. This form ol conlract comams no exp,ess provv~lon as to risk of ~oss hy fire or other casualty ~eforc d¢llvery o~ thc deed. Uniess express provision ts made. t}le provisions o~ Section ~-I 31 I o~ the Coeneral Ohli~ation~ L.,w w~ll apply. This section also places risk of loss upon purchaser if title or po~.session is t;anslcrled prior to closing. TH~ AC,3tE.EMEN~,madethe B£TW£EN RICHARD F. LARK, New York day ol residing'at (no ~) · mneleen hundred a,d Birch Lane, Cutchogue, i~ci~'hc,&~ri~d,,,he~llcr.~"d CUTCHOGUE FREE LIBRARY, an Educational Corporation ,ith office and principal place of business at Main Road, Cutchogue, New York ~ ~reln~het d¢~rihecl as the purch,~r, WFI'I"N,F--R~I'~, that the scl;er a~rees to ~ell ~nd convey, and the purchaser ~$rees lo purcha~. ~ll that certain plot, piece or p~rcel of l~nd, ~idac~,cb~xxad~eaz~x~'ca~cnc& sltuaic, lying and ~ing ~ in Cutchogue, Town of Southold, County of Suffolk and State of New York, described and bounded as follows: ~ ':J' ~ ~W~NING at a concrete monument located on the northerly si~e of Mann'.Road (State Route 25) whicn point is southwesterly corner of the premises being described herein and the southeasterly corner of land of the Cutchogue Free Library; running thence North 42~ 15'00' ~est along land of the Cutchogue Free Library 100 feet to a nail at the'northeast corner of land of ~he Cutchogue Free Library; running thence South 46~ 14' 40" Fast through other land of Richard F. Lark 9',03 feet to a point located on the northerly side of Main Road {Sta~- side of Main Road (State Route 25) 7.0 feet to the concrete monument at the point or place of ~eginning. -..~ The aforesaid parcel being triangular in shape and containing a~Pr0ximately 345 square feet. { '~:'~L that certain plot, piece or parcel of land, situate, lying and ~ing in Cutchogue, Town of Southold, County of Suffolk and State of New York, described and bounded as follows: ~ 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 set on the northerly side of-.Main Road (State 100 feet from a.monument ~ -~ ~-~ ~ ~ 'n~ South 37" 47' 00" Route 25); running thence irom sa~ po~nu u~ u=~.nl u W~'~"along the northerly side of land of the Cutchogue Free L~Drary Du.u feet to land of Samohel; running thence North 41~ 57' 50" West along said last mentioned land 207.92 feet to land of the Mattituck-Cutchogue · istrict' running thence North 46~ 28' 40" East along ~'~ ~'0 E~st through land of RicharO F. Lark 200.37 feet to the point or place of beginning. ~]~ above described parcel contains approximately 10,117 square f~-~-t.The I. 'Thb, ~1¢ includes all ri~'ht, title and in~erest, zt any. o[ the :.eller .n and to any' land lying in the ~d of any street, road or avenue o~d or pro~d. ~n [font o[ or ~djommg s~id prem~s. ~o the center hne thereof. ~nd nil ri~hh title ~nd ;nteresl o[ t~ ~ller in ~nd to ~ny ~w~rd m~de or ~o ~ m~de m lieu Ihereo~ ~nd ~ by ~e~n of change o[ grade of *ny street: ~nd the seBer will execme ~nd deliver rifle, ~r t~re~her, on dcm*nd. *Il pro~r m~lruments [or the conveyance a~y ~ch ~ward. F~ rk=i, S~X%~N THOUSAND and 00/100 __- ..... ~ ................ ........... ~ .... ($16,000.O) ........ ~ .... ONE THOUSAND SIX HUNDRED and 00/100 ($1,60~%) ............... ii-D°ll&~- t~ be held in escr~ .~c seller u~til closing of t~,. . ,- on the sJgnlng ot' this contract, b) ec~' su~o)ect to co]iectton. (he receipt o~ ~Tmr. _reb¥ acknowledged. FOURTEr. N THOUSA~D FOUR HUNDRED a~d 00/100 3[!,400.00) .......... Dolh. s. in c~sh or good certi~ed cLeck to the order o~ the seller on the dehvery of th,~=as hezelnal'ter provided; ~.~.. th~ time oi' placing such new mortgage o~ consol}daled mortga~=, the ~,~,id to the hold~r oi' such purchase money mortgage tn ~eduction oi, the pnncipal thereof. ~uch purchase mom~'~orl~al] also provide th~t such p~yment to I not ~1 e~ or ~flect he ~egular mstalime~! .ny, ~imp~l payab e thereun&.r ~n,~ .~h~ll furthe~ ho]de! thereo[ sha~ . i ~ ~ ,L~:~k ..... koreff~lecute acknowledge and deliver prov,dc that the holder therleO~e~l~a:en s°uecr~nu~boarn~ut cnarls ..... . ... ~...:~.. ~_ a e on the rermses thr~er ag~'ees to dchvcr to the ~ at the time of delwery of' the deed · p~oper 5. If the · be a mortg g P. - - ~ , ,~ _t _._t. _..,. -a.;.. for ~ecordino cert fyng as to the amount cern£cate execu,ed and ~u.~n,~ ~rn~,.'.~2, -.A ~te,es thereon .nd the seller sh&ll pay the ' n the inl,ormallon required to be set l,orth m s~li~catc. Seller xcpresents that such pl.o.,yee, o,r ~'???~;ereunder~it neahcr sa,d !n?rtga,~e. nor,any wdt not b~'ffd~~__..~'_'~.:.','' ~-. ,~ ,-1~ ..... -" of th,l~lerms or provisions t'hereot Dy reason o~ me th'~ paymenl, or to change 6. Said premises are sold and are lo b~ conveyed subject L Zoning regulations and ordinances of the city. town or village 1';'~; the premises lie which are not vio]atecJ by cl. ~ny state, of faces an accurate surv_e~¥ show, provided sam~ toes not render title unmarketable- 7. All notes or no - ~ ~ ~- , L--. Health or olhe~ Stale or ~ima[ Deparlmenl hawng junsd~cbon, against or affecting the p~emises at Ihe"dale hereot, shall be complied w th by the~nd he premises shall be conveyed free -the same. and this provision of this con.ac~ shall survive delivery of the d~nder. The seller shall l'urnish the purchs~ with an ~uthorizahon In ,nak~ the necessary searches Ih.cion the {~ I0, ~e following are lo be ap~rllo.*d: ..,~X~:~M~K~~ RIDER TO CONTRACT OF SALE BE~. EEN RICHARD F. CUTCHOGUE FREE LIBRARY, PURCHASER DATED LARK, SELLER Al'ID 28. The premises being sold herein is vacant land and purchaser has been leasing same as a com'.non driveway and parking area and represents that it iS thoroughly familiar with the licondition thereof and that no representations or warranties with , me have been made by or on behalf of the seller !respect to sa . . ~. . ,, · ,, iland that it is purchasing the premises strictly in an as is .ilconditi°n' " 29. The premises being sold herein are outlined in r~ed on the attached Map of Property surveyed for Richard. F.. Lark ~te~ .~ iDecember 6, 1977 by Ro~m{~ ~a~ ~sP~ ~n}~ ~na~a~n~ i r t rger lhereto as Schedule A; P .... parcel of land owned by the seller as.s~o~n.on S~GR~ ~ ~e !!seller retains an easementoverParcel± being so~ e f purpose of a common driveway for access to the blacktop parkind Ithe liarea in the rear.of seller's premises; and further retains an !ieasement over those portions ~f Parcel 2 utilized as a parking iiarea for the purpose of providing off street parking in conjunction! Iwith the seller[s law office. In exchange thereof the seller gran:ts a concomitant easement to the purchaser over the existing blacktop driveway adjacent to Parcel 1 for purposes of a comn~on driveway for ingress and egress to the parking area in the rear ~f 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 . he ,ur cee of providin~ off street parking for library .,for t P -P .... ~=~ ~ndition that the purchaser will atrons an~ employees; upon ~= I~ ~llow same to be used as a general park~n~ area~ A ~o~mal~s !~e~ent agreement in recordable iorra containing me~S aug Dounu description of the common driveway and respective parking areas will be executed at the closing of title, ~h[ch easemen~ a~reernen~ no% affect %he library expansion plans. 30. The purchaser agrees to be responsible for all maintenance to the driveway and the paved portions of the parking area and to keep same free from potholes and to keep the grass isurrounding the paved surface cut cna ~ar basis. In addition cleanliness of the parking area !!purchaser is responsible for the ~and driveway and agrees 'to 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 ~arkin~ area. This clause shall survive delivery of the deed. 31. It is understood by the seller that the purchaser intend~ to construct an addition to the library on the northerly portion iiof its premises and part of thc premises being sold herein. The · agrees at the termination of the construction torepa~r o~! ilpurchaser iiresurface the common drive%;ay and parking area with a suitable !~blacktop surface. This clause shall survive delivery of the deed. - II 32. The ~rties agree to proc~re ~.nd kee-~ in effect public liability poti~es of insurance protecting each of the partie~ 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 a~ount 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 an]cunt of not ].ess than $25,000.00 for damage to property. This clause shall survive delivery of the deed. RIDER TO CONTACT OF*S~E BETWEEN RICHARD F. LARK, SELLER AND GUE F~E LIB~RY, PURCHASER DATED PAGE 2. '33. In the event either party desires to sell premises~'' they own as depicted on Schedule A herein the party'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 lo, ll'-r -% · of ~ 19 I:.efor~ rne 19 before to rr~ Icnov,'n to be Ibe individual described in and who ex~culed the fo;egoing inslrumenL and ~cknowledged thai execuled fl~e same.. On the d~y of 19 . before me per~nally-'~ e to me known, who, being by me duly sworn, did depose and say that he resides at No. j ' he i* :'he . lbo corporallon described m .,-nd v,'hi~.h ex~cuted the foregoing !~,stlun'~t-nt; thai he knows the seal of ~.~,id eorporationl that the cai a~bed to s~id in~tr.menl i~ ~uch cor~tate ~al; tha~ il was so ~ixed by order oJ tbe bo~d of directors of ~=id cor~atlon, and t4at be signed h name Ih~eto by like order. On the day p~rsonally came to me known ~o be the individual de.,.cribed in and who executed the foregoing inslrument, and acknowledged fha! cxecmcd the same. STATE OF NEW TORK. COUNTY OF On the day of 19 personally came lo me known and known to me lo be a partner in a partnership, and known lo me to be the person described who cxeculed the fo~ego{ng inslrument in the parlnershlp name, anti- said duly _. acknowlgdged that he execmed the to,~egoing instrument for and on behalf of said partnership. Closing of title under the within contract is hereby adjourned to 19 . at o'clock. &t ; title to be closed and all adjustments ,o be as of 19 Dated, 19 . For va]ur recelvcd, the within ,~ntract ,.r,d all' the right, title and meed, est of the purcb*ses' t.hescunder =sc hereby r=~.. transferred and set over unto and su.l.d assignee hereby assure, s all obligations of thc purchaser thereunder. 19 ~ IlTLI~ GUA. RANTIE~- A.~igncc of Pure; PREMISES RETURN BY MAIL TO: - - Zip No. ' :.~ 5":: -L'5:,e SELLER should bring wiih hnn all insurance policies and duplicates, recei;,*ed bills for taxes, a'..!~sments an( w~tcr ra:e~,, and any lt..:s, dre~s or aglccmcnts a~cclmg the prol~..c;D. ',fl/ben there is z ,'deer meier on IhS p~emises, he should order il read. and bring bills therefor to the closlnl, If there are mortgage~ on the property, he should plosnptly arr~,~.l~e lo obtain the evidence s'equii'ed under t)aragraph 5 oi ibis contract. He ~hould furnish lo the purchas.~r a full Im of icl ants, giving '"~e ~:~rr, es. rent paid by each, and date to which the ten has }..-e~ .*aid. The I:~tJRCI"L~S.~.R should be prepared with ash or certified chrck dr~v.'n to Ihe order of the scllel ~he check ma: be certified tor an app~oxx amount and cash ma?-' ts~' provided to: thr bll~ce oi the sel~lement AL NOTICE IS HERE~SY ~rsuant to Section ?own Law and the of the Amended Town of Southold, Meeting and the ~blic Hearings Will she Southold Town Appeals ?own H; The Suffolk i S Road, Southold, New York.on ~d3 as follows: ~ 7:30 p.m. Recessed Hear- ings: Appeals No. 3126 and No. 1{X10-139-01'019- '; a:20 p.m. Application of DOUG AND KARIN CON- ' STANT, 555 Village Lane, Orient, NY for a Variance to the Zoning Ordinance, Article 3125. JACK LEVIN. Variance 'III, Section 100-31 * for for two4amily dwelling permission to construct status. South Side of C.R. 4~, addition to dwelling with ani Gr. cenport. ,f insufficient rearyard setback,] ~-:35 p.m. Application of~ at 555 Village Lane, Orient,/ HANS H RIEGER, 37qff ~' NY; County Tax Map pa~rcel ~l-IaAr~rR~d, Orient NYfora'] % No. 10~0-25-2-5.1. '~:~';' ,P Variance to the Zoningl t 8:25 p.m. Application m "~oV~n~ance, Article III, Sectto~ p MRS. G.RA~.C..E..E-~.EN.N~aYsl 100-32 for permission to" ~ Ens~ t.,meue vnve, construct accessory garage in ~.~larion, NY for a Variance to ~'~'l~;""frontvard area at 370 [' the Zoning Ordinance, Article ~i~rl~or '~o~d, Orient, NY; ~!II, Sections.100-.31 annds~r00~uc~ CountY Tax Map Parcel No. · igor perm~ssmn ~o co 7 40 p,m. Application of wire varla~. ~ ~ v BRUCE AND PATRICIA ' appeal, No. 3067, in the front STEWART, Schoolhouse ' and/or sideyard areas at 202O Road, Cutchngue, NY for a East Gillette Drive, East Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct garage addition to dwelling with an insufficien~~° sideyard setback at 870 Schoothonse Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-014. 7:45 p.m. Application of PETER AND CALLIOPE PA- Marion, NY; County Tax Map Parcel No. 1000~. 8:35 p.m. Application of FRANK MESSINA, Box 368, Ronkonkoma, NY for a .Variance to the Zoning Ordin- ance, Article III, Section 100- 32 for permission to construct swimmingpool in the frontyard area, at 4355 Wnaneweta Road, Cutchogue, PANTONIOU, 55370 C R 48, NY; Nassau Point Filed Map, i~'~1 ~'~1'~''~'' .,_,~,l~iy,__.,~_..~i:.~i~, _cLoOntce2~2; County Tax Ma~ ~'~N '~Y p ~arcei ning the ~ ~.1~102~. ~ hearings, please contact f:lO p.m. Application o~ 6~ Lin~ Kowalski, ~re~ of CUTCHOGUE FREE LI- ~ k~e Zo~g B~rd of Aphis, BRARY, Main Road, r~atT~l~ (or 1~). · ~tcho~e, ~ for a Valance 1T Jla6 - to the Zoning Ordinancee ' ~ Article XI, ~on I~I~(H) for permission to use accessory off-street ~rking area adjoining ~ premises for this proposed library. ~ation of P~rti~: Nor~ side Main Road. Cutchogue, ~; Cowry Tax Map Parce~ No. 1~1~ and ~. 8:15 p.m. Application for KATHRYN REEVE, by ~ott R. Albr~ht, W~t View Drive, Mattituck, ~ for a Variance -to the Zoning Ordinance, Article III, S~tina 1~-32 for permission to construct accessory building (garage) in the side yard area, at 855 [ STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ~aren Jean Ryeko of Green said CounW, being duly sworn, says that Principal Clerk of THE SUFFOLK TIMES· a Newspaper, published at Greenport, in th of Southold, CounW of Suffolk and State York, end that the Notice of which the am a printed copy, has been regularly publi said Newspaper once each week for_ weeks successively, commencing on the dayof June .19 83 ~17171, Suffelk' Ceunty / P~cipal Clerk :xpzres March 30. Sworn to before me this day of ~=Ae 19 LEGAL NOTICE NOTICE IS HEREBy GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following Publ c Hearings will be he d by the Southold Town Board of Appeals at the Southold Town Hall, Main NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Ih'o- visions of the Amended Code of the Town of $onthold, a Regular Meeting and the following Public Heatings will be held by the Southold Town Board of Appeals at the ~outhold Town Hail, Main Road, $oathold, New York, o~ THURSDAY, JUNE 23, 198,t commencing at 7:30 I~.M. and ms follows: Cutchogue, N.Y.; County Tax Map Parcel No. 1000-102-05.02.2., p.m, Application ~ of CUTCHOGUE FREE LI- BRARY, Main Road, Cut- chosue, N.Y. for a Variance to the Zoning Ordinance, Article XI, Section 100-112(H) for per., mission to use acceSSOry off. .s~t~_.eet pa.rkmg area adjoininR .,ts premises for this propose~' library. Location of Properties: North side Main Road, Cut' map ~arcels No. I000.102.~c 2', 22 and 23. 8:15 p.m. Application for KATHRYN REEvI~, by Scott R. AJbrecht, West View Drive, Mattituck, N.Y. for a Variance to the Zoning Ordinance, Article I~, Section 100.32 for permission to construct ac- cessory building (garage) in the side yard area, at 8~ West View Drive, Mattituck, N.Y.; County Tax Map Parcel No. 1000-139.01.019 8:20 p.m. Application of DOUG AND KAR1N CON-~ STANT, ~ Village. i Lane, Orient, N.Y. for a Variance to the Zoning Ordinance, Article ~l, Sect/on 100-31 for per- mission to construct addition to dwelling with an insuf- ficient rearyard setback, $55 Village Lane, Orient, N.Y.; County Tax Map Parcel No. 1000-25.2.$.1. - 8:2~ p.m. Application of MRS. GRACE E. KENN£Y, 2020 East Gillette Drive, East Marion, N:Y. for a Variance to the Zoning Ordinance, Article ~1, Sections 100-31 and 100-34 for permission to construct addition (twO-Car garage) with variation to the previous peal, No. 3067, in the front and/or sideyard areas at 2020~ East Gillette Drive, East Mar- ion, N.Y.; County Tax Map Parco! .N,o. 1000~038,03r020, 8~$$ p.m. Application of FRANK MESSINA, Box 368, Ronkonkoma, N.Y. for a Var- innce to the Zoning Ordinance, Article III, Section 100.32 for to construct swim- mingpool in the frontyard area, at 4355 Wunneweta Road, Cutcho~ue, N.Y.; Nas- sau Point Filed Map, Lot 222; County Tax Map Parcel No. 1000-111-012-006 & 007. (Wil- ham B. Smith, agent). 8:45 p.m. Application for DAYSMAN MORRIS, by Ru- dolph H. Bruer, Esq., Main Road, Southold, N.Y. for a~ Variance to the Zoning Ordin- ance Article VI, Section 100- 00(A) & (B) to store materials in the open area upon this zoned B-Light Busi- ness. Location of Property: 405 Kirwin Boulevard, Greenport, N.Y.: CounW Tax May Parcel COUNTY OF SUFFOLK STATE OF NE'vV YORK Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man c~ce each week for .......................... ../. ........... weeks successively, commencing on the ............ ../.~ ................... doy~ .......... ~ ................... 19...._~,, Sworn to before me this '/g day of 19.....~..-~. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 BOUTHDLD. L.I., N,Y. 119'71 TELEPHONE (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, JUNE 23, 1983 commencing at 7:30 p.m. and as follows: 7:30 p.m. Recessed Hearings: Appeals No. 3126 and 3125. JACK LEVIN. Variance for two-family dwelling status. South Side of C.R. 48, Greenport. 7:35 p.m. Application of HANS H. RIEGER, 370 Harbor Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct~in th~ frontyard area at 370 Harbor Road, Orient, NY; County Tax Map Parcel No. 1000-027-04-006. 7:40 p.m. Application of BRUCE AND PATRICIA STEWART, School- house Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct garage addition to dwelling with an insufficient sideyard setback at 870 Schoolhouse Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-014. 7:45 p.m. Application of PETER AND CALLIOPE PAPANTONIOU, 55370 C.R. 48, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to increase size of existing garage which is located in the sideyard area, at 55370 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-052-03-026. 7:50 p.m. Application of RICHARD AND DONNALEE RELYEA, 1060 Foxhollow Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building (horse barn) in the frontyard area of premises known as 1060 Foxhollow Road, Mattituck, NY; County Tax Map Parcel No. 1000- 113-006-023. 7:55 p.m. Application of ALFRED J. TERP, 1435 Hobart Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Page 2-Legal Notice of Hearings Southold Town Zoning Board of Appeals Regular Meeting of June 23, 1983 Sections 100-31, 100-34, for permission to construct bathroom addi- tion to dwelling leaving an insufficient sideyard setback, at 1435 Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-064-002-012. / 8:00 p.m. Application of CUTCHOGUE FREE LIBRARY, Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article Section 100-70(B) [1] to establish library use in the existing ~l .building in this B-1 District, at 28735 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-022. 8:10 p.m. Application of CUTCHOGUE FREE LIBRARY, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-112(H) for permission to use accessory off-street park- ing area adjoining this premises for this proposed library. Loca- tion of Properties: North side Main Road, Cutchogue, NY; County Tax Map Parcels No. 1000-102-05-22 and 23. 8:15 p.m. Application for KATHRYN REEVE, by Scott R. Albrecht, West View Drive, Mattituck, NY for a Variance to the Zoning Ordi- nance, Article III, .Section 100-32 for permission to construct accessory building (garage) in the side yard area, at 855 West View Drive, Mattituck, NY; County Tax Map Parcel No. 1000-139-01-019. 8:20 p.m. Application of DOUG AND KARIN CONSTANT, 555 Village Lane, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient rearyard setback, at 555 Village Lane, Orient, NY; County Tax Map Parcel No. 1000-25-2-5.1. 8:25 p.m. Application of MRS. GRACE E. KENNEY. 2020 East Gillette Drive, East Marion, NY for a Variance to the Zoning Ordi- nance, Article III, Sections 100-31 and 100-34 for permission to construct addition (two-car garage) with variation to the previous appeal, No. 3067, in the front and/or sideyard areas at 2020 East Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000- 038-03-020. 8:35 p.m. Application of FRANK MESSINA, Box 368, Ronkonkoma, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct swimmingpool in the frontyard area, at 4355 Wunneweta Road, Cutchogue, NY; Nassau Point Filed Map, Lot 222; County Tax Map Parcel No. 1000-111-012-006 & 007. (William B. Smith, agent) 8:45 p.m. Application for DAYSMAN MORRIS, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a VarianCe to the Zoning Ordinance Article VI, Section 100-60 (A) & (B) to store materials in the open P~ge 3 - Legal Notic~of Hearings Southold Town Zoning Board of Appeals Regular Meeting of June 23, 1983 area upon this parcel, zoned B-Light Business. Location of Property: 405 Kirwin Boulevard, Greenport, NY; County Tax Map Parcel No. 1000-53-02-006. 9:00 p.m. Recessed Hearing; Appeal No. 3099. Application for DOROTHY REISE/RIAL REALTY CORP., By Rudolph H. Bruer, Esq., Main Road, Southold, NY - garage and tennis court on vacant parcel. East Hyatt Road, Southold, NY. 9:15 p.m. Application for IRENE PAPADAKIS, by Michael J. Hall as attorney, Front Street, Greenport, NY for an Interpretation of "skin care clinic" as a home occupation under Article I, Section 100-13, Definitions. Location of Property: 26165 Main Road, Orient, NY; County Tax Map Parcel No. 1000-018-03-23. Dated: June 10, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS BY GERARD P. GOEHRINGER CHAIRY~%N For further information concerning the above hearings, please contact Linda Kowalski, Secretary of the Zoning Board of Appeals, at 765-1809 (or 1802). INSTRUCTIONS TO NEWSPAPERS: Please publish once, to wit, Thursday, June 16, 1983, and forward one affidavit of publication to Board of Appeals, Main Road, Southold, NY. Copies to the following on or about June 13, 1983: Mr. Jack Levin, C.R. 48, Greenport, NY Mr. Hans H. Rieger, 15 Harbour Road, Orient Mr. and Mrs. Bruce Stewart, Schoolhouse Road, Cutchogue Mr. and Mrs. Peter Papantoniou, 55370 C.R. 48, Southold Mr. and Mrs. Richard Relyea, 1060 Foxhollow Road, Mattituck Mr. Alfred J. Terp, 1435 Hobart Road (Box 64), Southold Mr. William Peters, Chairman Cutchogue-New Suffolk Library, Box 935, Cutchogue Mr. Scott R. Albrecht, West View Drive, Mattituck Mr. Kenneth Strachan, Builder for Karin and Doug Constant, Hog Pond Rd, Mr. and Mrs. Doug Constant, 555 Village Lane, Orient Mr. and Mrs. Robert Kenney, P.O. Box 392, East Marion, NY 11939 Mr. William B. Smith, as agent for Frank Messina, 220 Mechanic St, Mr. Frank Messina, P.O. Box 368, Ronkonkoma, NY 11779 Rudolph H. Bruer, Esq., as attorney for Mr. Daysman Morris and Rial Realty Corp. Anthony B. Tohill, Esq., 6 East Main Street, Riverhead, NY (Re: Reise) ~all and Hall. Esas., F~gn~ ~re~, Orie Southold RICHARD F. LARK ATTORNEY AT LAW May 13, 1983 Southold Town Board of Appeals 53095 Main Road - Town Hall Southold, New York 11971 ATT: Gerard P. Goehringer, Chairman RE: Cutchogue Free Library Appeal Nos. 3109, 3110, 3111, 3112 Dear Mr. Goehringer: I am in receipt of a Notice to Adjoining Property Owner concerning the Cutchogue Free Library's Petitions for the above-captioned variances and special exceptions. As you are aware from your inspection of the property, I own the parcel of land on the northeasterly and northwesterly boundaries of the applicant's property (formerly the Southold Town Justice Court Building). Since the petitions to the Zoning Board of Appeals are a little ambiguous and confusing, I thought at the outset it would be best to give some back- ground to the Board. The Cutchogue Free Library has an option to purchase a seven foot triangular shaped strip on Main Road and a 10,117 square foot rectangular shaped parcel on the northwesterly boundary of their property from me. On the exercise of the Option, I will have a joint driveway agreement with the Library for access to the rear as well as granting them as easement to utilize my parking area in the rear of the Dremises. 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 Cutchogue Free Library's request for the use of their building as a library (Appeal Nos. 3109 and 3111). This was the very purpose for which the property was purchased. I also have no objection to the Library's re- quest concerning parking for library purposes (Appeal No. 3112). The Board is aware the large parking lot in the rear of my premises was previously leased to the Town of Southold 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 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. it However, Appeal No. 3310, the request for variances for yard setbacks presents a different problem. Nothing can be done with the existing yard setbacks as the building presently exists on the property. However, the Board should not allow any future reductions of the existing front yard setback of 19.6 feet as it will not be in keeping with the character of this neighborhood and is already substantially below the present zoning requirements. I strongly object to the Library's request for a reduction of their easterly side yard requirement. Originally when I agreed to sell the property to the Library, their entrance was either going to be on the southarly 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 tru. ly yours, Richard F. Lar~/ RFL:bc Enclosure cc: William Peters, Chairman Cutchogue-New Suffolk Library Expansion Fund Southold Town Planning Board r Planning Board Town of Southold Southold, N.Y. Attn: Mr. Henry Raynor May 9, 1983 Library Board of Trustees President Dr. Susan Rosenstreich Vice Pr e~ident Robert Shaw Jane Minerva Dear Mr. Raynor, Evidently your letter of May 4, 1983 and my letter of Yay 5, 1983 crossed each other in the mail. tour letter does, however, arise some points not previously covered. Attached is a with Mr. Lark. agreement. copy of the lease agreement which we presently have In my ~etter of May ~ I enclosed our purchase Ingress and egress is an existing driveway located between the old Court- house building and Mr. Lark. We are complying with ~;~. 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 im gra~uted. Rev. Warren S. Beaven, Perish Minister Cutchogue United Methodist Church Winlfred BiUard Jane Blaikie John P. Blewett, Pres. New Suffolk Civic Assoc. Marcus R. Bryan, Pres. Birch Hil~s Assoc. Rev. George Borthwick, Cutchogue Presbyterian Church Frederic J. Bruce, Pres. Nassau Point Property Owners Association Mariorie Moore Butterworth Frank Cichanowicz III Gerard M. Conroy, Pres. Broadwaters Cove Assoc. A[istair Cooke Thomas S. Cottrell, M. D., Assoc. Dean, School of Medicine, SUNY Sto~y Brook Very tr.u~y ~yours,~-~ . William Peter~, Chairman Cut cho~e-New Suffolk Library expansion Citizens Advi~w Commi~ Rev. Msgr. John F. Cwalina, Our Lady of Ostrabrama Roman Catholic Church Mrs. George B. Drake Jr. Herbert Fett Jr. M. D., Pres. Fairway Mrs, Hollis W. Grathwohl William F. Heneghan, M. D. Pres. Fleets Neck Property Owners Assoc. Rev. John P. Henry, Sacred Heart Roman Catholic Church Fred W. Keelin Jr. Chief, Cutchogua Fire Dept. Albert J. Krupskl Sr. Walter F, Luce, Pres. Cutchogue-New Suffolk Chamber of Commerce Virginia McCaffery, Pres. Cutchogua- New Suffolk Historical Council Sarah Moore Martha J. Paul Jacqueline Penney William Peters, Pres. Nassau Farms Assoc. Elizabeth J. Plimpton Edward A, Purcell, Pres. Kimogenor Pt. Corp. Alfred Sl~iro, M.D, Dir. OeDt. of Pediatric Neurology Albert Einstein College of Medicine Paul Stoutenburgh Bonnie S. Towle, Pres. Friends of the Cutchogue Library Thomas Uhlinger Ronnie Wacker John Wickham, Member, Long Island Regional Planning Commission LEASE AGREEMENT The parties agree as follows: March /~/ 19 82 L.ndlord: RICHARD F. LARK Addressfornotice~: Main Road, P. O. Box 973, Cutchogue, New York 11935 You, the Tenant: CUTCHOGUE FREE LIBRARY ~ddre~: Main Road, Cutchogue, New York 11935 If there are more than one Landlord or Tenant the words "Landlord" and "Tenant" used in this Lease includes them. '.' 1. Five (5) yea~: months: beginning: January 1, 1982 ending: December 31, 19 86 Driveway and parking area as outlined in red on map of property surveyed for Richard F. Lark by Van Tuyl, P.C. dated December 6, 1977. the attached Roderick See Schedule A for description whic~ is outlined in red on the attached survey for the purpose of parking .for the Cutchogue Free Library. the calendar year 1982. :.' ~:-. - 3. The yearly rent is $ 600.00 for/ . You, the Tenant, will pay this yearly Rent tO ~e Landlord, aa fonow.: $300.00 on March 1, 1982 and $300.00 on Sep~r 1, 1982; 8660.( for the calendar yoar 1983 payable as follc~s: $330.00 on V~rch"l,. 1983 ant $330.00 on September 1, 1983; $720.00 for the calendar year 1984:.payable as follows: $360.00 on V~rch 1, '~984 and $360.00 on Sep~ for ~_he calendar year 1985 payable as follows: $390.00 on }~rch ~1; 1985 and $390.00 on September 1, 1985; $840.00 for the calendar year 1986 payable follows: $420.00 on ~lrch 1, 1985 and $420.0~ on September 1, 1986,.: 4. Landlord ]eases the Premises to you, the Tenant, for the Term. You, the Tenant, agree t~ pay the Rent and o~her charges as required in the Lease. You, the Tenant, agree to do everything required of you in 5..If you, the Tenant, ' 5.1 fail to pay Rent, or any part of the Rent, · : ~ 5.2 fail to comply with any other term of ti,is l.ease, ' 5.3 vacate the premises at any time during the Term, then Landlord may re-enter and take pos~ssion of the P~emises by any lawful means, and remove you, the Tenant and any other person on the Premises and their property, by dispossess proceedings, or by other lawful means, without being liable in ~ny ss. ay. j:~axflc~km .x-~e~t:::~x~cxz~bs,~m.g~','~r ~5. You, the Tenant, agree that at the end of the Term you ~411 surrender the Premises in aa good condltio~ as now, except for ordinary wear and damage by the elements. Changes.: 8. This l<ase can be c~ange,I oldy b) an agreement 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 to be used as a public parking lot. Landlord reserves the right to use the driveway and parking area in. connection 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 ~ -=e Tenant from any and insurance P ~°t e ~et~ s~ ~r~ r~ 1~ U~et~ e~n~r~ seS'almS ior ~ ' about tn all cl .... an~,one in or - 'n the amount of ert¥ sustained ~3 ~ ...... ante shall De 1 pr~ ~:-- or po]~cSeS ot ln~u~. '2 Y~ or death of any said Po±~-~_'Cl0~,000.00 for.. inDur~ ~u_ inRuries to or GeaLn of not less ~ ~ 500,000.0U :o: d . -~ ~ot less than $ - -~ ~he same accident and~n person anu ~._ __~ ~r's~ing out u~ ~- ~ __~ ~ ~ro~er~y- any numb:: r .... ehan ~zD~uu~--~ --~e nollcle~, the amount.of under to Such policieS ma~ ~ ~,~nish certificates u: and the Tenant snaxx .... the L~andl°rd- il. The Tenant agrees to be responsible for all maintenance to the driveway and the paved portions of the parking area and to . om potholes and to keep the graSS surrounding keep same free fr ~ ~ ~n a weekly basiS to clean up the the paved surface cut, ~ ~ broken glasS, papers also provide at least two area and driveway of ~all canS, parkin~ ~4s. The Tenant sh~ll -~ will be responsible °tner_~;~r use of their ~ ~e Tenant will hate garbage c~ .... ,~ In aG~lslu~, -. - =~a and dr~veW~ ~or all garbage r~ ....... 2~-ed from the parKln9 .... 11 the snow and zce 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't~ purchase agreement of even date herewith and in the event that the tenant exercises said option, then this lease will terminate on the closing of title pursuant to the terms of the option and contract of sale and all rents will be adjusted. " SCIiEDULE 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 Samohel; 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. Quiet ~n jo y~n ent: Landlord agrees that if you, the Tenant pa) the rent and are not in default under thi~ Lcas~, ),ou, ~ Tenant may peaceably and quietly have, hold and enjoy the Premises for the Term of ~i~ ~a~. ; ' The parties have signed this lease as of the date at the top of the first page. LANDLOB D ' , i Richard F. ~.)2..:¢X.~:...~."_{,'~ .......................................................................... ~' -;;,t? You. Ihe TENANT: ; ' ' .'q. ,}'~ WITNESS: CUTCHOGi~,.. EREE.~RX ...................... ...................................................................................... HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RiTCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. TQ N Southold, N.Y. 1197l 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 ROBERT W. TASKER Town Attorney OFFICE OF TO NXAZTORNEY TOWN OF SOUTHOLD 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 TELEPHONE (516) 477-1400 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. Se etlon 100-112H (off- street parking) pro rides that the parking facilities may be on other property provided that the parking spaces are within 200 feet walkln~ 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 Henry Eo Raynor, Jr. -2- January 20, 1983 not owned by it provided that, in the event it should approve of such off-street parking, the approval should be conditioned upon the applicant obtaining a variance from the Board of Appeals of the requirement that the parking field be in the same ownership as the premises which it serves. Yours very truly, ROBERT W. TASKER RWT :aa Planning Board Board of Appeals Town of Southold Soutnold, New York 11971 Gentlemen: May 2, 1983 Library Board of Trustee~ Dr. Su,an Rosenstreich Viae Prmident Robert Shaw sa=rltary Helena Kohn William Gerdne~ Members James Corcoren Robert McAU Lawrence Milius Philif) Rysko Virginia Surer Library Direator Jane Minerva Library Expan,ion G~nairmen As a result of the enactment of HR 1718, the Emergency Jobs WilliamPetars Bill, by the U. S. Congress and President Reagan, .$50,000,000 has been appropriated for the renovation and construction of public libraries. Grant applications are required within 60-90 days to generate employment quickly. In order to qualify, firm pla~s must be underway, and matching funds must be available. We are in a unique position to capitalize on this for the following reasons: a)We have preliminary working drawings which require only minor revision and go-ahead authorization. b)We are presently in a general fund raising and have received in excess of ~30,000 to date. c) We have assurance from the North Fork Bank md Trust Company that mortgage money will be available to us. d) Our architect indicates that if we can gi~[e 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 ~']s. ~ane Minerva, Director, ~34-6360, 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. Beaven, Parish Minister Cutchogue United Methodist Church Winifred Billard Jane Bialkia John P. Blewatt, Pres. New Suffolk Civic A~oc. Marcus R. Bryan, Pres. Birch Hills Rev. George BorthwicE, Cutchogue Presbyterian Church Frederic J. Bruce, Pres. Nassau Point Proberty Owners Association Marjorie Moore Buttarworth Frank Cichanowicz III Gerard M. Conroy, Pres. Broadwaters Cove Assoc. Alistair Cooke Thomas S. Cot~rell, M, D., Asmc, Dean. School of Medicine. SUNY Btony Brook Citizens AdviaoW Committee Rev. Msgr. John F. Cwallne, Our Lady of Ostrel~'eme Roman Catholic Church Mrl. George B. Drake Jr. Herbert Fett Jr. M. D., Pres. Fairway Fermi AIIOc. Mrs. Holies W. Grathwohl Louisa Hergreve William F. Heneghen, M. D. Pres. Fleets Neck Property Owner, AiIO~. Rev. John P. Henry, Sacred Heart Roman Catholic Church James Homen Fred W. Kealin Jr. Chief, Cutchogue Fire Dept. Albert J. Krul~kl Sr. Walter F. Luee, Pres. Cutchogue-New Suffolk Chamber of Commerce Virginia McCaffery, Pres. Cutchogue- New Suffolk Historical Council Sarah Moore Mertha J. Paul JeCclualine Penney William Peterl, Pres. Ne~au Farms A~oc. Elizabeth J. Plimpton Edward A. Purcell, Pres. Kimoganor Pt. Corp. Alfred Bl~iro, M.D. Dir. Del)t. of Pediatric Neurology Albert Einstein College of Medicine Paul Stoutenburgh Bonnie S. Towle0 Prel. Friends of the Cutchogua Library Thornae Uhlinger Ronnie W~cker John Wickhem, Member, Long Isiand Regional Plennleg Commbeion APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE Rr'IAD 2S SI'IUTHOLD. L.I., N.Y. 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(~) [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, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary lk cc: Planning Board Building Department JUDITH T. TERRY TOWN CLHRK RI GISTRAR OI VITAL S I \ I IS II(S OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 6, 1983 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3112 application of Cutchogue Free Library for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department. and ~~. 'Terr~ Southold Town Cle/~k ~N OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APF~EALS, TOWN OF SOUTHOLD, N. Y. ~, (w~) ........... ~.~.-~. .........~ ...... L~ ..... Name o~ Appellon~ SUeet and Number ................................................................................. : ..................................... Municipolity Store THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........... , ......................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) Nome of Applicant for permit o, ............................. .......................... ..................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1 LOCATION OF THE PROPERTY ........ J.~L.~...[Z..~..../~I. 4~'.~.!2 ......... ~..'.~.~ .~...~...(¢.~..~.~.. Street Use District on Zoning Map ..... .......... ...... ....... zcz- /v~op No. Lot No. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub~ section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) TYPE OF APPEAL Appeal is made herewith for : A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ( ) REASON FOR APPEAL A Variance lo Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that (Continue on other side) REASON FOR APPEAl_ Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the vicinity of this proRerty and in,this use district because immediate CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE Signature COUNTY OF~ ~worn to this .............................................. day of .................................... ............ -- ..N_om,ry. P4.tt ¢, Notary Put;:c, ~'~ ~? c~ Ncw York N~ ~r,mi~963 Ou~o:k ~un~ ~mmission ~pires March ~, ~0 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: -NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is thee ~$ention of the undersigned to petition the Board of Appeals of the Town of Southold torequesta V~ian~~c~(SpeciaIPermit) (Other) [circle choice] ). That the property which is the subject of the Petition is Ioca.ted adj,_acent to your property and is des- cribed as follows: ~..~)?~5- ///at/Z/ ~t~ ~-/~7'C-HOfr~ ~OK~ ~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ~)-('~ CTF 5. That the provisions of the Southold Town Zoning Code applicable to ~he relief sought by the under- 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Msin Road, Southold, New York and you may then and there examine the same during regular office hours. ' (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right.to appear and be heard at such hearing. Dated: ~ ~ Iql'3 I I Petitioner Post Office Address PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) J~ LI¢CM-tiC~J i~- M?(. - . being duly sworn, deposes and says that on the 6 day of ' /J.l~ I~11_ ,19~ deponent mailed a true copy of the Notice set forth on the re' verse side he~eof, directed to each of the above-named persons at the addresses se! opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~OOTlqOl.-~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this /~* ~ff of .,,9 ,r_v day ~-- Notary Public JUDITH T. TERRY Notaw Public, S~te of N~ York No. 52 02~49G3 Suffolk ~un~ ~mmission Expires March 30, 19.~ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · ~.. ~.. ~.~.-.~.-: .................... PLEASE TAKE NOTICE that your application dated .. . .~.C ./ .... ~ ......... , 19 .~ for pe~it t~. ~~ .... ~.c ~~ .... .~ ................ a~ Location of Property ~'.~ .~ ~.~..~ ..... ~~... ~ Hou~ No. St~t ~ ~ Hamer Co.~tv ~ ~ ~o. ~ooo s.~t~on .... /~ .... mo~k~ . ~.~ ....... ~t .~ ...... Subdivision ................. Fried Map No ................. Lot No .... v.: ~-. ......... is:et?~d~_herew~and:isap~:ved on th~l,:~m/~und~::~ "~. ~.-~-.~7 . .~../V~.. , ./,~ ..... ~ .... .~.,.~. .... ~..~. ......... ~:~.~,,~.~L.'i ~~ ~, ~. ~. ..... ,~h . ~/~. . . . . .-h~. . :¢.o. .-. p. . . . .E. .~o.c~). ~ ......... ~ v f '~. :, ,- ............ ~ri,.~;~;:: ......... ;,~ ' IIISTRUCT~ONS: S,hOT, T EHVI~,O,,dENTAL ASSESSbtt:iq~ rux~,l ~ order to answer the questions in this short EAF it is assumed that the preparer wiii use. currently available information concerning the project and the likely impacts of the aerie'ri. It is not expected that additional studies, research or other investigations wii1 be undertaken. (b) If any question has been answered Yes the project may be significant and a compieted Environmentoi Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is .not significant. -. (dj Environmental Assessment ' }. W±IL pro,eat result in a large physical change to the project site or physicaliy aiter more than 10 acres of land? ..................... Yes X No 2. Will there be a major change ¢o any unique or -unusual land form found on the sitS?. ........ Yes, X NO 3. ~'lill project alter or have a large effect on b dy f ? Yes ~ N~ existing o o water .................... , . , 4. Will project have a potentially large impact on grouncJwa~er quality? .................... · Yes ~ ~o 5. Will project significantly effect drainage flo~ adjacent sites? . Yes ~ No 6. %Vill project affect any threatened or endangered plant or ?nlmol species? ......... ¥e$,X No 7. Will project result ino major adverse effect ' on air quality? .. Yes~ No 8. %'/ill projec~ hove o major effect on visual character of the community or scenic views or vistos known to:be important to the community?. Yes.~ No 9. %'1ill project adversely impact any site or .' structure of historic, prehistoric or paleontological importance or ouy site designated as a critical environmental oreo by o local agency? ............ =~..-~-~-.v.....~..~..v .... Yes./ No 10. %7ill project hove a major effect on existing or future recreational opportunities? .......... Yes. X No 11. Will project result in.major traffic problems o~ cause a major effect ¢o existing transportation systems? ........... Yes ~ No win project .regulorly cause ' " odors~ noise~ 91ore~ vibrotlon~ or electrical disturbance as o result of the project's operation? ....... ' .... 13. Will project hove'AA~'~;A~[ o~ ; ii;'h;Ai%fi" No' or.safety? .................................... _ Yes~_ __Ne 1~. Will p~eject effect the exlstin9 community by directly causing o growth in permonent populotion of more than 5 percept over o one yeor period or hove o mojor negotive effect on the chorocter of ~he community or neighborhood? .................................., Yes.,~ No 15. ~s there public controversy concerning the project? Yes ~ No PREPARER'S S]GHATURE k' ~C] ~'%~ (~-~ REPRESENTING (Today~§ Date) To: Southo!d Town Beard of Appeals Main Road Southold, NY 11971 Re: A peal Application of Location of Property: ]-~73t- Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b~ 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing ~on tke premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items(*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, (Signature please) PA'FA · , I¢'