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HomeMy WebLinkAbout4718-- iYu �.R��„�, �,zw��s ,_, Std APPEALS BOARD MEMBERS Gerard P. Goehringer, Gym Chairman = James Dinizio, Jr. y x Lydia A. Tortora WO ^+ Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 28, 1999 Appl. No. 4718 - JAMES RYAN, Tenant 1000-140-3-42.2 STREET & LOCALITY: 50 Love Lane, Mattituck DATE OF PUBLIC HEARING: July 22, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicant is proposing to occupy a portion of the Octagon Plaza Building located at the intersection of the Main Road and Love Lane, in Mattituck. The property is located in the B General Business Zone District and contains a total area of approximately 9,000 sq. ft. with 75+- ft. rontage along Love Lane and 118+- ft. frontage along the Main Road. SECTION OF ZONING CODE APPLIED FOR: Special Exception at direction of Building Department under Article IX, Section 100-91B(11) which provides "Take-out/Formula Food Restaurant." APPLICANT'S REQUEST: Applicant is proposing to operate ""Rudy's Cafe" for commercially selling of food and beverages for on -premises consumption to patrons seated at tables or counters, as permitted under "Restaurant" and would offer for sale to the general public on -premises and take-out food and beverages, as permitted under "Retail" in Zoning Code Section 100-13 - Definitions. Rudy's Cafe will be making coffee and other beverages and cafe foods, which are available at the tables or counters - rather than in a pre- packaged state. Sixteen seats are proposed for patrons, and approximately 500 sq. ft. area for food service (employee work area). A "Restaurant" definition in the Zoning Code is "RESTAURANT -- Any premises other than take-out or formula food restaurants where food is commercially sold for on -premises consumption to patrons seated at tables or counters. [Amended 5-16-1994 by L.L. No. 9-1994] A "Take -Out Restaurant" definition in the Zoning Code is "any establishment other than a formula food restaurant, whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready -to -consume state, usually served in paper, plastic or other disposal contains, for consumption within the restaurant building, elsewhere on the premises or for carryout for consumption off the premises. A "Retail Store" is defined as "an enclosed structure where goods are offered for sale to the public as take- out items, including ...food and beverages... and similar products." BOARD ACTION/RESOLUTION: Now, therefore, BE IT RESOLVED, that the Board hereby determines that a Special Exception is not necessary under Appl. No. 4718 for Rudy's Cafe because it is not a take-out or formula food restaurant d Page,2 - July 28, 1999 ZBA Appl. No. 4718 - James Ryan Parcel 1000-140-3-42.2 based on the information and record submitted for consideration. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER��, DI�NIZ�IO -T�ORTO D COLLINS. (Absent was Member Horning.) This Resolution was duly adopted (4-6- / �—'l G cc: Building Department Mr. James Ryan, Applicant GERARD P. GOEHRING For Filing about 8/2/99 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK AA S/ A/g?xQ; ao Tows Clcrk, 'Town of Southold �g4 xA,LS9 NMI STATE OF NEW YORK) )SS: ;OVNTY OF SUFFOLK) `} mA F OJ 1 l t i S of Mattituck, in said aunty, being duly sworn, says that he/she is 'rmcipal', clerk of THE SUFFOLK TIMES, a veekly newspaper, published at Mattituek, in he Town of Southold, County of Suffolk and State of New York, and that the Notice of which he annexed is a ;printed copy, has been regu arly published in said Newspaper once each veek for T weeks s ccessively, Dmmeg on the 1 s day if 19 C _ >worn to befo e �me�`this 4c 'Say of ��'ia� Cyt7,19�. MARY DIANA FMS ?7 0; 5QV Pti�i !i.Sih.f r._fipa24aar acieg3raBP� y�,tPPs �r d'oesu tt�wwttw . In U� n�S'u�F t •� E` `•••3 t�Yvy s� $ '`a�'e n + e °fleanngs Vn no r` ear alla, � ���; .,�.yr „�estgnated i11es-sre avhle e t o ,atm'214£kD�G FxeYte�v.durtngsegvtaeTow,nHalla:. YO bSzU4(4ck+aixe[7. ,wens awu't&-k P"m) If yo9. o 'ry'�, a y', �.e t(uesuons, plea;ee`,do noebest ; e EIO!)<Sx* o . y 4�9 s utwued Jieann Ju28 e&. cab (516 76$1N,09 urPBo�r t tPnes ffRIIt�,R GFT[3E �e i ul-C.,'.SnserYa onr' ZadYg �w ) GA` iD A P' ALS' p"t"DUaSoa9d5'eE.tud' GERARII P Gp�EH6RiINGER _ . t�pp4�,Aro�472,#' .r r § By`iatiS��KowaBku n' %i�ge+F` C}�ly, L,11MBER:`ifbts +� 1764-ITJvI .x' _, . ° SttiCOl A �an� anCe unc�er!'- +; uest j4T,`fgmberKar6, . j �.� '" v��thy� ]ilduw2s ds5a�pravedJs qutary w " oW4?'u'q;6115 199Bi+€ot£theiollovwg aeasot ,v Gq.'e ni��xl=gdutY r at' a eru?dto�onl"omtwg use "fTa�'i'a n'gonpreuuseshasbeen umed%rapenod Of" . � '` �`�befn8'n � an'st�ao�(�1 xeats bot has, hSeG.;w �..� 4:. 4`ZZIR'�fui a"GSlxhtal �""� ��fottnma a mbth�nv�rt' TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION UN 1 4 1994 TOWPAR IO 1� % 1 S S C Date Filed: TO THE ZONI=NG BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), _Aaynes RV6of (Residence, House No. and Street v u a - am et, ate, ip o e, a ep one um er hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONINGORDINANCE, ARTICLE ; SECTION /pZ}_ jr/f. //, SUBSECTION for the below -described property for the following uses and purposes (and as shown on the attached plan drawn to scale): lJ(�GsrhjG Lv�/'G4 �I.v� �-6C A. Statement of Ownership and Interest. property kn as Ware) the owner(s) of , Street, ttamle identified on the SuttolK County. lax maps as uistrict juuu, 3ect10n 1X¢, blOC K X , Lot(s) which isnot (is) on a subdivision Map (Filed "Map of " Filed Map No. and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). j The above-described property was acquired by the owner on�,{ 9. B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: .V4 C. he property which is the subject of this application is zoned and is consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss.. Sworn to before me this G day of �a ZB2 (rev. 2/6/86) re)" -1-9W, — _.._... LINDA r KOWALSrJ No1arYPoblic.8tateof NewYark Na 624524771 Gue1111ed In SufWkODway Commission Expires. Nov. 30, ,tea -2 _ V, -J TOWN OF souir oW PkOPEUY RECORD '(:ARD Y -t /I OWNER STREET /) VILLAGEDISTRICT SUB. LOT �..% y— FORMEROWNER{ ��9s4UILDING , O STYPE OF ' RES. SEAS. VL FARM comm. a IND. CB. misc. LAND IMP. TOTAL DATE REMARKS — POO --------------------- .Jt a p � 2 c � Z " � 6c>cca �����oT YG LTY� TC 6 a re `— �. ` O c) I i/ys�.�/etc- �� o� � t ITC C�r� 5 � �ac� g � 3� Il1a5�5�1a-ldr>/• r, tt>ri � _ `/nv_ D GE tr" �� C� ✓ BUILDI ND>ON�I��Sd1t/0-_(�lY�� etrf-@ — o 000- NEW �` NORMAL BELOW ABOVE���/ Form Acre Value Per Acre Value t L -- --- Tillable 1 Tillable 2 Tillable, 3 Woodland - — Swampland Brushland ------------- House Plot Tota M. Bldg. Foundation �S '_ Bath —� Basement .R P Floors - r'r �.� Extension / S -x 2 3 &.0 Extension "- Gu © Ext. Walls Interior Fini sh. 6 x 0 �! � J.. _ - � Extension Fire Place Heat l2 _, 33G Porch l Attic Porch Rooms 1st Floor Breezeway Patio, Rooms 2nd Floor Garage Driveway O. B. SEE FLOOR PLAN I,�.� M pW LOCATION MAP `N 5 R001E 25) FR�GE5kN WORK IOP RNRBE 00M11'gIORNj OBER W� S`\D\N0 GLPSS IN COMP OVEN, 5\NK 0ESjRp00 FREEZt" SEATING AREA (16 SEATS) COUCHES & COFFEE TABLES FLOOR PLAN 1•= 10' Young & Young, Land Surveyors 400 Ostrander Avenue, Riverhead New York 11901 516-727-2303 Aiden M. Young, P.B. & L,S. (1908-1994) Howard A. Young, Land Surveyor Them. C. Molpert, Prof eaeional Engine" John Schnurr, Land Surveyor Ah - EP'EARED FOR RUD_ S COFFEE At Mottituck, Town of Southold Suffolk County, New York County Tax MOP oi.nkt 1000 section 140 D.k 03 W 42.2 LOCATION MAP & FLOOR PLAN MAP PREPARED JUL. 15, 1999 SCALE AS SHOWN JOB NO. 99-0386 OF 1 OWB, NO. 990386_zbo ry Young & Young, Land Surveyors 400 Ostrander Avenue, Riverhead, New York 11901 4 %�SSSIttSJ y t �Qy�O�` a5 516-727-2303 nyi ci`Pe P+ e q3. a5 2 Y a_ i�D'tttt1J %�" GOc��Q �Pv a lz`'� 1.4 04 Alden n. Young. Prafeasianat Bngineer &Land Surveyor WQ} ono Reward 1L Young. Land Surveyor Oc gt a o02 20 N ` Th Kmn e h F. tAbruzza, Land Surveyor u t\'i oaw+ . 2 N �i Fgi^ndv9' Fe„45 No12l NOTE:: _ 6rvxyyy EOE a'� d O- `L I. 2, STAKE SET ink Q< a :�. N N I 5x• 0� gla p .dao 1n N, � y fig, g k a- �Wi a, o NO �C \S i 9TR wPyK % O tGpx P 15ga �pP Asea �`p29 P�P�4Y�¢ • 116.13 gra yW SURVEY FOR: � 'A1PM DO% p\02WPbK e ALAN A. CARDINALE KZ ' coY as J.� ,.�_ Yt5g c i 1 caucaase 251 At:.MATT17UCK .Town of: SDUTHOLD Suffolk County, New York 5''� Suff, Co. Tax Map: 11000 140 a 42.2 p 3 pOPV elxklc S.cV— Block Lat dx fi' CERTIFIED .( NEyy Seypcp,�E ^,A, ALAN P1 y M i NM NSURANCE COMPANY o DATE :AUG. 9,1994 0° - LANDS SCALE t,Q 20' I JOB NO. :I OF 1 7 QSHEET. N0::4- OF 1 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. James Ryan Rudy's Coffee House 50 Love La. Mattituck, NY 11952 Dear Mr. Ryan: BOARD OF APPEALS TOWN OF SOUTHOLD January 30, 2001 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 I am in receipt of your letter delivered 1/25/01. In order for you to request a change in use, you must make an application to the Building Department for the specific use that you are requesting. Please note that there are two things that you may consider in requesting this change:, 1) The closeness to existing churches as per code(s). 2) Type of construction of existing building and frame. Both of these are under Building Department jurisdiction. Thank you. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN cc: Building Department R410C,y4 of Love Lane, Inc. 50 Love Lane, Mattituck NY 11952 Phone: (631) 298-7407 January 24th, 2001 Mr. Gerard Goehringer Chairman Zoning Board of Appeals 53095 MainRoad P.O. Box 1179 Southold, ICY 11971-0959 Dear Mr. Goehringer, cMa;VjL D - JAN 2 5 2001 When Rudy's Coffee House opened, it was zoned as a "Cafe." Rudy's is more than just a cafe. People can order food's such as homemade soups which are made on premises with a variety of fresh vegetables and spices. Rudy's also serves pastries, ice cream, rolls and bagels that are served at tables with chairs. What we are asking is for you to please consider the reclassification of Rudy's from a "Cafe" to a "Restaurant," which falls under section 100-91A7, so that we may be able to add a glass of Long Island Wine with meals served at Rudy's. We thank you very much for your time. Sincerely, James Ryan Rudy's Coffee House YOUNG & YOUNG Planning, Engineering & Land Surveying 400 Ostrander Avenue Telephone (516) 727-2209 Rivethead, New Yotk 11901 raesimile (516) 727-0144 NOWARD W. YOUNG, Land Surveyor TNOM C. WOLPERT, Professional Engneer Ug JOHN SCNNURR, Land Surveyor C July 16, 1999 j` AUL fl 1999 g VIA FAX &-REGULAR MAIL ATTN: Ms. Linda Kowalski Town of Southold Zoning Board of Appeals 53095 Main Road Southold, New York 11971 RE: Proposed Coffee Shop RUDY'S COFFEE, At Mattituck, T/O Southold, New York (99-0386) Dear Ms. Kowalski: Enclosed are six (6) prints of the Location Map & Floor Plan dated July 15, 1999. This map is forwarded for your use in conjunction with the ZBA hearing scheduled for July 22, 1999 (Special Exception for Special Use). If you have any questions regarding this plan, please contact us. Very truly yours, '0/2f n -w Thomas C. Wolpert, P.E. TCW/In Encl. cc: Mr. Jim Ryan + 1 Print SAO�J- ko RECEIVED cc: Town Board Town Attorney Chief of Police JUL 2 % 20 Fire Marshall Planning Board Zoning Bd Appeals Southold Town Clerk July 18, 2000 Re: James Ryan Beer/Wine License To Whom it May Concern: Pursuant to Alcoholic Beverage Control Law, Section 64, Subdivision 2a, I am hereby giving notice that I will be applying for a Restaurant Wine and Beer License (Code 341). The License is for Rudy's Gourmet Coffee and Ice Cream Bar, incorporated as "Rudy's of Love Lane, Inc.", located at 50 Love Lane, Mattituck, NY 11952. My intention is to sell beer and wine at retail for consumption on the premises. Town Clerk of Southold Southold Town Hall Southold, NY 11971 Ver truly yours, ames Ry Rudy's of Love Lane, Inc. U Lj 'JUL / �flnn APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning P' Mr. James Ryan 81 Providence St. Staten Island, NY 10304 BOARD OF APPEALS TOWN OF SOUTHOLD August 2, 1999 Re: Special Exception Review- Rudy's Cafe Use Dear Mr. Ryan: ` Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Enclosed please find a copy of the Zoning Board of Appeals determination rendered at our July 28, 1999 meeting. Please be sure to follow-up with the Building Department regarding the next step for issuance of a Certificate of Occupancy and any other agency approvals that may be necessary before the unit is re -occupied. A copy of this determination has been furnished to the Building Department for their placement in your ,pending application with their office. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department (Attn: Ed Forrester) Original filed 8/2 FLOOR, PLA IV x 01.10ag You:,nq, Land Qu-meyars 10o ayrran,:r _Avomue. Ri:verilicad, New York Young, FAIZ7. & L'S (19OB-16194) iia and Y. Yuung-. Lan—, surveyor L', FFLItperc. Pyremm'Ina! Fzegdsnorr .M on s ohnu-7, Emend EuTveyo, see U, i LEA 5F -P AP -6A IEILHZAB ETIFH A. N-EVI[ILLIE TOWN (CLERK REGISTRAR, OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHO]LD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: June 14, 1999 RE: Zoning Appeal No. 4718 - James Ryan Town ]Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 Transmitted herewith is Zoning Board Of Appeals Application 4718 - James Ryan. Also included are Short Environmental Assessment Form, copy of code, copy of lease, copy of tax bill, letter from James Ryan dated April 30, 1999, copy of Property Record Card, copy of tax map, Applicant Transactional Disclosure Form and copies of Plans. ® YouNc & YOUNG Planning, Engineering & Land SuNeging 400 ostmider Avenue Riverhead, New York 11901 140WAR0 W. YOUNG, Land Surveyor THOMAS C. WOLKRT, Professional Engineer lONN SCNNURR, Land Surveyor FAX TRANSMITTAL fcipt,,,,. DATE: T0: T/O Southold, Zoning Board of Appeals A-1—TN: Linda FAX #:— 765-9064--- -- FROM: J------ - - - - _-_---- ---- SUBJECT: RUDY'S COFFEE NO, OF PAGES: 3 (INCLUDING COVER SHEET) COMMENTS: Please see letter to follow. YOUNG & YOUNG Planning, Engineering & Land Surveging 400 Ostrander Avenue Riverhead, New York 11901 110WARD W. YOU90r Land Sarvayar THOMAS C. WOLPERT, Nfutionnl Engineer JOHN! SCHtJURR, Land'Survagor July 16, 9999 VIA FAX & REGULAR MAIL ATTN:, Ms. Linda Kowalski Town of Southold Zoning Board of Appeals 53095'Main Road - Southold, New York 11971 RE: Proposed Coffee Shop RUDY'S COFFEE _ At Mattituck, TIO Southold, New York (99-0386) Dear Ms. Kowalski: Enclosed are six (6) prints of the Location Map & Floor Flan dated This map is forwarded for your use in conjunction with the ZBA scheduled for July 22, 1999 (Special Exception for Special Use` If you have any questions regarding this plan, please contact u TCW/In En 61. cc: Mr. Jim Ryan + 1 Print Very truly yours, Thomas C. Wolpert, r . E r 14-164 087)—Text 12 PROJECT I.D. NUMBER 617.21 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor' 1. APPLICANT /SPONSOR 2. PROJ T NAME C% G J. PROJECT LOCATION: Municipality County A. PRECISE LOCATION (Street address and road intersections, prominent landmarks. etc., or provide map) 5. IS PROPOSED ACTION: ❑ New ❑ Expansion ❑ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 0/ 4NIN�5 (reurmc� 7. AMOUNT OF LAND AFFECTED. Initially acres Ultimately acres 8. WILL ROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes ❑ No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITYOF�AOJECT? ❑ Residential ❑ Industrial Commercial El Agriculture ❑ Park/Forest/Open space ❑ Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAL)? C] Yes ❑ No If yes, list agency(s) and permiVapprovals 11. COES ANY ASPECT OF THE ACTI,;V HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑ Yes ON, If ye:, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑ Yes ❑ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: Signature: If the action is in the Coastal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding With this assessment OVER 1 (Continued on reverse side) ��- nt:>d (11) [Added 5-16-1994 by L.L. No. 9-1994] Takeout and formula food restaurants, subject to the following requirements: (a) Adequate parking shall be provided in accordance with that required by Article XIX, Parking and Loading Areas,, of this chapter. All parking spaces shall be located within reasonable walking distance of the site or three hundred (300) feet, whichever is less. The improvement or development of municipal parking may be used to satisfy this requirement. The adequacy of municipal parking shall be determined by the Planning Board as part of its site plan review procedure by conducting a parking survey of the capacity of the existing municipal parking area to accommodate the projected increase in usage due to the introduction of the subject land use. (b) An assessment of the potential traffic impacts of the proposed use must accompany the long environmental assessment form. The appropriate mitigation measures must be incorporated into the site plan. (c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive -up, drive-by or walkup window or door. (d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further, may not be lit from within. (e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. (f) The physical design, including color and use of materials, of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location. F4 o r 73v-7vy2- O'c d r i,S�L r l u� L614 z/2.2 Im r. tBETWEEN ALAN A. CARDINALE,Individually, having his principal place of business at: Piattituck Plaza, Route 25, Mattitiick, NY 11952' P.O. Box 77, Piattituck, NY 11952 (516)-298-4223 and Au o y% ��f ®�� . as Landlord having its place of business within: Octagon Building 50 Love Lane Mattituck; NY 11952 as Tenant ttblt����)m The Landlord hereby leases to the Tenant the following premises: Store #: 1st Floor Corner Location: Route 25 and Love Lane Square Feet: +/-1000[] (See Survey Attached) for the term of (10) Ten Years to commence from the lot. day of June 1999 and to end an the 31st: day of may 2009 to be used and occupied only for Coffee and Ice Cream Shop and related items not to be competitive with existing Tenants. Tenant will be responsible for all permits, construction costs and required approvals for 16 Seat Take-out for the above described use. Tenant will assure the Landlord that the use of the leased premises will not disturb other Tenant's quiet and peaceable enjoyment of their leased space within the Piattituck Plaza. upon the conditions and covenants following: let. That the Tenant shall pay the annual rent of $21,600.00 per annum for the period June 1, 1999 through May 31, 2000 with annually compounded graduations of 4% for each year of the lease term. Landlord will construct a divisional wall in the basement and provide bilco access to basement space. The Tenant's rental for same is included within the rental schedule. � � mo�YH of /i�GugT ***Tenant will receive the period June and July 1999vrent free. said rent to be paid in equal monthly payments in advance on the 1st day of each and every month during the term aforesaid, as follows: ' $ 1,8;0m.00 per annum for the period June 1, 1999 through May 31, 2000 with annually compounded graduations of 4% for each year of the.lease term. Landlord will construct a porch and overhang for the Tenant's use in front of leased premises. The Tenant will receive a rental reduction of $200.00 per month until the Landlord forwards a notice that the porch and ovehang are substantially completed. Permits and construction to be diligently pursued by the Landlord. **Porch and overhang constructidn`end use are subject to Municipal Approvals. 2nd. That the Tenant shall take good care of the premises and shall, at the Tenant's own cost and expense make all repairs to the interior and exterior of the leased premises AN iI/� _,rvr 7- 7 -,VE 77F.✓.9a/3� ,4- uevgee �N "Cox- b��dKdOn/Cdr �y �wr�aLrT >�� 1q99 rA/E iE.AAe✓Tm•vy /rc� �o .Pe�,�y A�d� .drAd. Al cca,n�.zgr;, vl Tyfct —repr 3®/999 �:✓ iN1r*9 [ioc� Ts ovrR THe jmi.cl%— zyRa o -i}.a Zw4e ��ys88GE A9o.✓TH4r. and at the en�or other expiration of the term, shall deliver up the i(emised premises in good order or condition, damages by the elements excepted. 3rd. That the Tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and require- ments of the Federal, State and Local Governments and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said premises during said term; and shall also promptly comply with and execute all rules, orders and regulations of the New York Board of Fire Underwriters, or any other similar body, at the Tenant's own cost and expense. 4th. That the Tenant, successors, heirs, executors or administrators shall not assign this agreement, or underlet or under- lease the premises, or any part thereof, or make any alterations on the premises, without the Landlord's consent in writing; or occupy, or permit or suffer the same to be occupied for any business or purpose deemed disreputable or extra -hazardous on account of fire, under the penalty of damages and forfeitures and in the event of a breach thereof, the term herein shall im. mediately cease and determine at the option of the Landlord as if it were the expiration of the original term. 5th. Tenant must' give Landlord prompt notice of fire, accident, damage or dangerous or defective condition. If the Premises can not be used because of fire or other casualty, Tenant is not required to pay rent for the time the Premises are-musable, If part of the Premises can not be used, Tenant must pay rent for the usable part. Landlord shall have the right to decide which part of the Premises is usable. Landlord need only repair the damaged structural parts of the Premises. Landlord is not required to repair or replace ahy equipment, fixtures, furnishings or decorations unless originally installed by Landlord. Land- lord is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under Landlord's control. If the fire or other casualty is caused by an act or neglect of Tenant, Tenant's employees or invitees, or at the time of the fire or casualty Tenant is in default in any term of this Lease, thea all repairs will be made at Tenant's expense and Tenant must pay the full rent with no adjustment. The cost of the repairs will be added rent. Landlord has the right to demolish or rebuild the Building ff there is substantial damage by fire or other casualty. Landlord may cancel this Lease within 30 days after the substantial fire or casualty by giving Tenant notice of Landlord's intention to demolish or rebuild. The Lease will end 30 days after Landlord's cancellation notice to Tenant. Tenant must deliver the Premises to Landlord on or before the cancellation date in the notice and pay all rent due to the date of the fire or casualty. If the Lease is cancelled Landlord is not required to repair the Premises or Building. The cancellation does not release Tenant of liability in connection with the fire or casualty. This Section is intended to replace the terms of New York Real Property Law Section 227. 6th. .The said Tenant agrees that the said Landlord and tha Landlord's agents and other representatives shallSatj�,;; to enter into and upon said premises, or any part thereof, making such repairs or alterations therein as may be necessary for the safetyat all reasonable and Preservation. here tours for the Purpose of hereof. th 7th. The Tenant also agrees to permit the Landlord or the Landlord's agents to show the ' „ ' hire or purchase the same; and the Tenant further agrees that on and after the sixth month next Preceding 1 premi§es Po persons win }vs 5°';tii•�. the term hereby granted, the Landlord or the Landlord's agents shall have the right to place notices the front aof a;" l-`,:„;;,':;''`1 premises, or any part thereof, offeringthe premises "To Let” or "Por Sale", and the Tenant hereby agrees to permit the saay r to .remain thereon without hindrance or molestation. 8th. That if the said premises or an y part thereof shall be deserted or become vacant during said term, or if any default be made in the payment of the said rent or any part thereof, or if any default be made in the performance of any of the cove- nants herein contained, the Landlord or representatives may re -eater the said premises by force, summary proceedings or otherwise, and remove all persons therefrom, without being liable to prosecution therefor, and the Tenant hereby expressly or waives the service of any notice in writing of 'intention to te-eater, and the Tenant shall pay at the same time as the rent becomes payable under the terms hereof a sum equivalent to the rent reserved herein, and the Landlord may rent the premises on behalf of the Tenant, reserving- the right to rent the premises for a longer period of time than fixed in the original lease without releasing the original Tenant from any liability, applying any moneys collected, first to the expense of resuming or Obtaining possession, second to restoring the premises -.,to a rentable condition, and then to the payment of the rent and all other charges due and to grow due to the Landlord, any surplus to be paid to the Tenant, who shall remain liable for any deficiency. 9th. Landlord may replace, at the expense of Tenant, any and all broken glass in and about the demised premises. Landlord may insure, and keep insured, all plate glass in the demised premises for and in the name of Landlord. Bills, for the premiums therefor shall be rendered by Landlord to Tenant at such times as Landlord may elect, and shall be due from, and payable by Tenant when rendered, and the amount thereof shall be deemed to be, and be paid as, additional rental. Damage and injury to the said premises, caused by the carelessness, negligence or improper conduct on the part of the said Tenant or the Tenant's agents or employees shall be repaired as speedily as possible by the Tenant at the Tenant's own cost and expense. 10th: That the Tenant shall neither encumber nor obstruct the sidewalk in front of, entrance to, or halls and stairs of said premises, nor allow the same to be obstructed or encumbered in any manner. 11th. The Tenant shall neither.place, or cause or allow to be placed, any sign or signs of any kind whatsoever at, in or about the entrance to said premises or any other part of same, except in or at such place or places as may be indicated by the Land- lord and consented to by the Landlord in writing. And in case the Landlord or the Landlord's representatives shall deem it necessary to remove any such sign or signs in order to paint the said premises or the building wherein some is situated or make any other repairs, alterations or improvements in or upon said premises or building or any part thereof, the Landlord shall have the right to do so, providing the same be removed and replaced at the Landlord's expense, whenever the said repairs, alterations or improvements shall be completed. 12th. That the Landlord is exempt from any anu all 'liability for any damage or injury to person or property caused by or resulting from steam, electricity; gas, water, rain, ice or snow; or any leak or flow from or into any part of said 'building or from any damageor injury resulting or arising from any other cause or happening whatsoever unless said damage or injury be caused by or be due to the negligence of the Landlord. 13th. That H default be made in any, of the covenants herein contained, then it shall be lawful for enter the said premises, and the same to have again, rethe said Landlord to re- -possess and enjoy. The said Tenaat hereby expressly waives the service of any notice in writing of intention to re-enter. 14th. That this instrument shah not.be a lien against said premises in respect to any mortgages that are now on or that here- after may be placed against said premises, and that the recording of such mortgage or mortgages shall have preference and precedence and be superior and prior in lien of this lease, irrespective of the date of recording and the Tenant agrees to ex- ecute without cost, any such instrument which may be deemed necessary or desirable to further effect the subordination of this lease to any such mortgage or mortgages, and a refusal to execute such instrument shall entitle the Landlord, or the Land- lord's assigns and legal representatives to the option of cancelling this lease without incurring any expense or damage and the term hereby granted is expressly limited accordingly. 15th. - The Tenant has this day deposited with the Landlord the sum of $ 7,685.91 as security for the full and faithful performance by the Tenant of all the terms, covenants and conditions of this lease upon the Tenant's part to be performed, which said sum shall be returned to the Tenant after the time fixed as the expiration of the term herein, provided the Tenant has fully and faithfully carried out all of said terms, covenants and conditions on Tenant's part to be performed. In the event of a bona fide sale, subject to this lease, the Landlord shall have the right to transfer the security to the vendee for the benefit of the Tenant and the Landlord shall'oe`considered released by the Tenant from all liability for the return of such security; and the Tenant agrees to look to the new Landlord solely for the return of the said security, and it is agreed that this shall apply to every transfer or assignment made of the security to a new Landlord. * 16th. That the security deposited under this lease shall not be mortgaged, assigned or encumbered by the Tenant without the written consent of the Landlord. 17th. It is expressly understood and agreed that in case the demised premises shall be'deserted or vacated, or if default be made in the payment of the rent or any, part .thereof as herein specified, or if, without the consent of the Landlord, the Tenant shall sell, assign, or mortgage this lease or H default be made in the performance of any of the covenants and agreements in this lease contained on the part 61 the Tenant to be kept and performed, or if the Tenant shall fail to comply with any of the statutes, ordinances, rules, orders, regulations -and requirements of the Federal. State and Local Governments or of any and all their Departments and Bureaus,• applicable to said .premises, or if the Tenant shall file or there be filed against Tenant a Petition in bankruptcy or arrangement, or Tenant be adjudicated a bankrupt or make an assignment for the benefit of creditors or take advantage of any insolvency act, the Landlord may, if the Landlord so elects, at any time thereafter terminate this lease and the term hereof, on giving to the Tenant five days' notice At writing of the Landlord's intention so to do, and this lease and the, term hereof shall expire and come to an end on the' date fixed in such notice as H the said date were the date originally fixed in this lease for the, expiration hereof. Such notice may be given by mail to the Tenant addressed to the demised premises. 18th. Tenant shall pay to Landlord the rent or charge, which may, during the demised term, be assessed or imposed for -the water used or consumed in or on the said premises, whether determined by meter or otherwise, as soon as and when the same may be assessed or imposed, and will also pay the expenses for the setting of a water meter in the said premises should the fatter be required. Tenant shall pay Tenant's proportionate part of the sewer rent or charge imposed upon the building. All such rents or charges or expenses shall be paid as additional rent and shall be added to the next month's rent thereafter to become due. 19th. That the Tenant will not nor will the Tenant permit ondertenants or other persons to do anything in said premises, or bring anything into said premises, or permit anything to be brought into said premises or to be kept therein, which will in any way increase the rate of Are insurance on said demised premises, nor use the demised premises or any part thereof, nor suffer or permit their use for any business or purpose which would cause an increase in the rate of fire insurance on said building, and the Tenant agrees to pay on demand any such increase. :01h. The failure of the Landlord to insist upon a strict performance of any of the terms, conditions and covenants herein, ;hall not be deemed a waiver of any rights or remedies that the Landlord may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. This instrument may not be changed, modified, discharged or terminated orally, ,13t. If the whole or any part of the demised premises shall be acquired or condemned by Eminent Domain for any public or uasi public use or purpose, then and in that event, the term of this lease shall cease and terminate from the date of title esting in such proceeding and -Tenant shall have no claim against Landlord for the value of any•unexpired term of said lease. ro part of any award shall belong to the Tenant. Said security is non—interest-bearing. lease, 22ed. If after default in payment o t or violation of ,any other provision of lease, or upon She e ? .the Tenant moves out or is dist',., ;wssed and fails to remove any trade fixtures or other ppert ` default, removal, expiration, of lease, or prior to the issuance of the final order or execution of the®warra �g Landlord. event, the said fixtures and property shall be deemed abandoned by the said Tenant and shall become the t;Js 23rd. In the event that the relation of the Landlord and Tenant may cease or terminate by reason of the re-entr y; Landlord under the terms and covenants contained in this lease or by the ejectment of the Tenant by summary Otherwise, or after the abandonment of the premises by the Tenant, it is hereby agreed that the Tenant shall rema and shall pay in monthly payments the rent which accrues subsequent to the reentry by the Landlord, and the Tenant agrees to pay as damages for the breach of the covenants herein contained, the difference between the rent reserved and t` rent collected and received, Hany, by the Landlord during the remainder of the unexpired term, such difference or deficienc between the rent herein reserved and the rent collected Hany, shall become due and payable in monthlypayments g y remainder of the unexpired term, as the amounts of such difference or deficiency shall from time to time be ascertained® and it is mutually agreed between Landlord and Tenant that the respective parties hereto shall and hereby do waive trial By jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of oa in -any way connected with this lease, the Tenant's use or occupancy of said pr or damage. emises, and/or any claim of injury` 24th. The Tenant waives all rights to redeem under any law of the State of New fork. 25th. This lease and the obligation of Tenant to pay rent hereunder and perform all of the other covenants and agree- ments hereunder on part of Tenant to be performed shall in nowise be affected, impaired Or excused because Landlord is unable to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or is delayed in making any repairs, additions, alterations or decorations or is unable to supply or is delayed in supplying any equipment or fixtures ff Landlord is prevented or delayed from so doing by reason of governmental preemption in connec. tion with a National Emergency or in connection with any rule, order or regulation of any department or subdivision thereof of any governmental agency or by reason of the condition of supply and demand which have been or are affected by war or other emergency. 26th. No diminution or abatement of rent, or other compensation, shall be claimed or allowed for inconvenience or discom. fort arising from the making of repairs Or improvements to the building Or to its appliances, nor for any space taken to comply with any law, ordinance or order of a governmental authority. In respect to the various "services," if any, herein expressly or impliedly agreed to be furnished by the Landlord to the Tenant, it is arreed that there shall be no diminution• or abatement of the rent, or any other compensation, for interruption or curtailment Of such "service" when such interruption or curtailment shall be due to accident, alter' ations or repairs desirable Or necessary to be made or to inability or difficulty in securing supplies or labor for the maintenance of such "service" or to some Other cause, not gross negligence on the part of the Landlord. No such interruption or curtailment of any such °`service°° shall be deemed a constructive eviction. The Landlord shall not be required to furnish, and the Tenant shall not be entitled to receive, any of such °°services'° during any period wherein the Tenant shall be in default in respect to the payment of reni. Neither shall there be any abatement during diminution of rent because of making of repairs, improvements or decorations to the demised premises after the date above fixed for the on of ren b commencement se the term, it being understood, that rent shall, in any event, commence to run at such date so above fixed.of 27th. Landlord shall not be liable for failure to give possession of the premises upon commencement date by reason of the fact that premises are not ready for Occupancy or because a prior Tenant or any other person is wrongfully holding over or is in wrongful possession, or for any other reason. The rent shall not commence until possession is given or is available, but the term herein shall not be extended. 27Alndemnification of LANDLORD: Tenant will indemnify LANDLORD as save it harmless from and against any and all claims, actions, damages, liability and expense in connection with lost of life, personal injury and/or damag to prbperty arising from or out of any occurrence in, upon, or at the lease ® Premises, or the occupancy or use by TENANT of the leased premises, or occassion wholly or in part by any act or ommission of TENANT, its agents, contractors, employees, servants, lessees or concessionaires. Tenant will only ind ify and hold the Landlord harmless in cases of negligence. 27B. The Landlord's liability—an er this will be equal to the value of the tenant's furniture and equipment. see riders attached and forming apart hereto. And the said Landlord doth. covenant that the said Tenant on paying the said yearly rent, and performing the covenants � aforesaid, shall and may peacefully and quietly have, hold and enjoy the said demised premises for the term aforesaid, pro. vided however, that this covenant shall be conditioned upon the retention of title to the premises by the Landlord. Sub it W mutuallo unnbtrffio®b nub agn°ttb that the covenants and agreements contained in the within lease shall be binding upon the parties hereto and upon their respective successors, heirs, executors and administrators. 3ln Witnto Mereof, the parties have interchangeably set their hands and seals (or caused these presents to be signed by their proper corporate officers and caused their proper corporate seal to be hereto affixed) this 5j day of may 11 19 99 Signed, sealed and delivered in the presence of �/ vA�rlE....-......._.......................................L. S. .._.. __._..._..__._____..-._...___......_.............._.._._._...._...... L. S. _-•-, ��d-.._..------------......-----*..... -- ------- . S. ALAN A.INALE , LANDLORD Lease .,.—er Page I of 4 Date( -ine 1, 1999 Lease: Alan A. Cardinale, Landlord work to be done at the expense of the Tenant. 32". It is understood and agreed that the Tenant is not to make any renovations or alterations to leased.premises without the prior expressed written consent of the Landlord. 33rd. The Tenant agrees to have its portion of the premises serviced by, a licensed exterminating service. 34". The Tenant will insure the plate glass in the demised premises at its own cost and expense. If the Tenant is unable to place plate glass insurance, it shall be responsible for any glass breakage. 35`h° Any written notice provided for herein shall be given by Certified mail - Return Receipt Requested - at the addresses herein set -forth for the parties or, to any such address which may bespecifiedby notice, in writing. 36". Tenant further agrees that all show windows of the store shall be kept properly maintained at all times. 37". The Landlord herein shall, during normal business hours or emergency, be permitted access to'the leased premises for Inspection and repair to premises. 38". Prior" to opening, the Tenant shall Install a uniform exterior sign controlled by a time clock or photocell. Tenant agrees to keep same iliuminated-dusk until midnight. Tenant will submit a sketch to the Landlord for approval and obtain all required sign permits. The Tenant shall not Install or adhere any signs or other objects to the interior and exterior face of storefront without the prior approval of the Landlord. 39". Tenant is to maintain, repair and replace, if necessary, heating, air conditioning units, electrical or plumbing fixtures, as well as any other fixtures or equipment used exclusively by said Tenant in its occupancy. 401h. it is understood and agreed that no goods, wares or merchandise of any kind shall be displayed ®r sold from the . exterior of the store premises demised herein. Tenant shall have the right to display wares for special events with the Landlords consent. i 41". The Tenant shall pay 25% of the total Real Estate Tax over the Base Year 1998/99 ($7,654.48) fir the Octagon Building Tax Map# 140-341.2. Such payments are to be due and payable to the Landlord, by the Tenant, at such time as these Taxes become due. In the event payment is not received on demand, taxes due will be treated as arrears, allowing the Landlord to dispossess for non-payment. Landlord will provide Tenant with a copy of Landlord's tax bill thirty (30) days prior to the time when the Tenant's tax payments are due. 42"d. 2 . it is understood and agreed that the Tenant herein Is to be responsible for supplying his own heat, water and sewer, gas electricity and rubbish removal service. In the event there Is not an existing water meter servicing the . leased store premises exclusively, and same Is not required by municipal authority, Tenant may pay to the Landlord $75.00 per month, and the Landlord will absorb thecostof water consumption, or -the Tenant may install a separate water meter for its exclusive use and pay monthly escrow as requested herein. Tenant's monthly water consumption charge Is subject to adjustment In the event there is an increase In the annual water consumption cost to subject building. Landlord reserves the right to require the Tenant to Install an independent water supply. 43rd' The Tenant shall be responsible to contribute 25% of the total Common Area Maintenance over the Base Year 1999 (July -June 1999) for the Octagon Building Tax Map# 140-342.2. Tenant shall pay $.00 per month, to be held in escrow, toward these common area costs. In the event the Tenant's common area costs, in any given year, exceeds the amount paid by the Tenant In escrow, the Tenant, in such event, will be responsible to pay for the difference In costs, due and payable on demand. Common Area Maintenance includes, but is not limited to: lighting, snow removal, Fire & All Risk Coverage to Building Structure, property damage and public liability insurance to the i common areas, maintenance, repair and replacement If necessary to all common areas and structures as well as common marketing promotion and other expenses to the benefit of the entire shopping complex. Tenant shall pay the Landlord 15% of the Tenant's total contribution to cover administrative expenses. Tenant 8 It is understood that the Tenant is leasing store space only, exclusive of any basement. 28"' 91h 2 Any interior or exterior electrical fixtures or air-conditioning installed In the d premises hereby demised by the Tenant shall become the property of the Landlorupon the expiration or termination of this lease. 30`h, The Tenant shall keep the sidewalk in front of the demised premises in good repair and free and clear of refuse, rubbish, ice and snow. err 31". The Tenant agrees to keep the plate glass windows, entrance door, store facade and vestibule properly cleaned at all times. If the Tenant fails to comply with the provisions of this paragraph, the Landlord may cause such work to be done at the expense of the Tenant. 32". It is understood and agreed that the Tenant is not to make any renovations or alterations to leased.premises without the prior expressed written consent of the Landlord. 33rd. The Tenant agrees to have its portion of the premises serviced by, a licensed exterminating service. 34". The Tenant will insure the plate glass in the demised premises at its own cost and expense. If the Tenant is unable to place plate glass insurance, it shall be responsible for any glass breakage. 35`h° Any written notice provided for herein shall be given by Certified mail - Return Receipt Requested - at the addresses herein set -forth for the parties or, to any such address which may bespecifiedby notice, in writing. 36". Tenant further agrees that all show windows of the store shall be kept properly maintained at all times. 37". The Landlord herein shall, during normal business hours or emergency, be permitted access to'the leased premises for Inspection and repair to premises. 38". Prior" to opening, the Tenant shall Install a uniform exterior sign controlled by a time clock or photocell. Tenant agrees to keep same iliuminated-dusk until midnight. Tenant will submit a sketch to the Landlord for approval and obtain all required sign permits. The Tenant shall not Install or adhere any signs or other objects to the interior and exterior face of storefront without the prior approval of the Landlord. 39". Tenant is to maintain, repair and replace, if necessary, heating, air conditioning units, electrical or plumbing fixtures, as well as any other fixtures or equipment used exclusively by said Tenant in its occupancy. 401h. it is understood and agreed that no goods, wares or merchandise of any kind shall be displayed ®r sold from the . exterior of the store premises demised herein. Tenant shall have the right to display wares for special events with the Landlords consent. i 41". The Tenant shall pay 25% of the total Real Estate Tax over the Base Year 1998/99 ($7,654.48) fir the Octagon Building Tax Map# 140-341.2. Such payments are to be due and payable to the Landlord, by the Tenant, at such time as these Taxes become due. In the event payment is not received on demand, taxes due will be treated as arrears, allowing the Landlord to dispossess for non-payment. Landlord will provide Tenant with a copy of Landlord's tax bill thirty (30) days prior to the time when the Tenant's tax payments are due. 42"d. 2 . it is understood and agreed that the Tenant herein Is to be responsible for supplying his own heat, water and sewer, gas electricity and rubbish removal service. In the event there Is not an existing water meter servicing the . leased store premises exclusively, and same Is not required by municipal authority, Tenant may pay to the Landlord $75.00 per month, and the Landlord will absorb thecostof water consumption, or -the Tenant may install a separate water meter for its exclusive use and pay monthly escrow as requested herein. Tenant's monthly water consumption charge Is subject to adjustment In the event there is an increase In the annual water consumption cost to subject building. Landlord reserves the right to require the Tenant to Install an independent water supply. 43rd' The Tenant shall be responsible to contribute 25% of the total Common Area Maintenance over the Base Year 1999 (July -June 1999) for the Octagon Building Tax Map# 140-342.2. Tenant shall pay $.00 per month, to be held in escrow, toward these common area costs. In the event the Tenant's common area costs, in any given year, exceeds the amount paid by the Tenant In escrow, the Tenant, in such event, will be responsible to pay for the difference In costs, due and payable on demand. Common Area Maintenance includes, but is not limited to: lighting, snow removal, Fire & All Risk Coverage to Building Structure, property damage and public liability insurance to the i common areas, maintenance, repair and replacement If necessary to all common areas and structures as well as common marketing promotion and other expenses to the benefit of the entire shopping complex. Tenant shall pay the Landlord 15% of the Tenant's total contribution to cover administrative expenses. Page 2 of 4 44". Anything herein to the contrary notwithstanding, the Tenant herein may assign this lease, together with the security hereunder deposited, provided that the Tenant has fully complied with all the terms, covenants and conditions of this lease. In addition, the Tenant will furnish to the Landlord, a copy of such assignment, together with a duly signed and executed agreement by the assignee under the terms of which the assignee assumes all the terms, covenants and conditions of this lease and provided further that such assignment shall, in no way, affect the primary liability of the Tenant herein. A transfer of a majority of interest of the lessee's corporation shall be considered an assignment. The Tenant shall, at the time of each assignment, deposit with the Landlord herein two (2) additional months rent as security equivalent to the rental called for within the last year of this lease term. 45'h. Anything herein to the contrary notwithstanding, the Tenant covenants to protect and keep enforced during the term of this lease, for the benefit of the Landlord, General Liability Insurance and Liquor Legal Liability when Liquor is served, in standard form in the amount of $1,000,000.00 protecting the Landlord and Tenant, as their respective interest may appear, against any liability whatsoever occasioned by accident or disaster occurring on or about the demised premises or any appurtenances hereto. Such policy or policies, to be written by good and solvent insurance companies, satisfactory to the Lessor. The Tenant further agrees to pay the premiums thereof, as soon as they become due and payable. 46'h. The Tenant shall not install, without the written consent of the Landlord, any types of metal, iron or steel gates or awnings over doors and windows of the demised premises. Sketch must first be submitted to Landlord for approval. Landlord will not withhold consent unreasonably. 47'h. Tenant covenants that no mechanic's liens will be placed against the premises by reason of the alterations made by the Tenant. In the event a mechanic's lien is placed upon the premises by reason of any repair construction, or otherwise, the Tenant is to remove the said lien within twenty (20) days from the date and notice of filing. It is agreed and understood between the Landlord and the Tenant herein, that the Landlord may, at its option, treat such default on the part of the Tenant as a material breach of the covenants of this lease. 481h. Any and all additional costs due and payable by the Tenant, over and above the base rent, will be treated as unpaid rent in the event of the non-payment. 49'h. In the event the Tenant shall fail to pay, when same is due and payable, any rent, additional rent or other amounts or charges of the character described in this lease, the Tenant in such event will be required to pay a late payment penalty equal to 5% of the total amount due. 50'h. Any personal property remaining in the premises after five (5) days of the Tenant vacating.shall be considered abandoned by Tenant and shall become the property of the Landlord. Tenant shall have no recourse for reclamation. 51". If the Tenant shall, at any time, be In default thereunder, and if the Landlord shall institute an action or summary proceeding against the Tenant, based upon the default, then the Tenant will reimburse the Landlord for the expense of the attorney's fees and disbursements thereby incurred by the Landlord, provided same are reasonable in amount. In any other action or legal proceeding between the Landlord and Tenant as a result of this lease or the Tenancy created hereby, the prevailing party shall be entitled to receive reasonable attorney's fee. 52"d. Any and all work, renovations, additions or alterations performed by the Tenant shall be in accordance with municipal code and the Tenant shall obtain, at its own cost and expense, required permits. The Tenant shall forward to the Landlord certificates of approval and occupancy, on completion. 53rd. The Landlord shall not be liable for any failure of water supply, electrical current, sprinkler damage, or failure of sprinkler service, nor for injury or damage to person or property caused by the elements or by other Tenants or persons in said building or resulting from steam, gas, electricity, water, rain or from the pipes, appliances or plumbing works nor'for interference with light or other incorporate hereditements by a governmental authority in construction of any public or quasi -public work, neither shall Landlord be liable for any latent defect in the building. In the event of such Interruption or failure, Landlord shall immediately take all steps necessary to restore same. If the Landlord fails to take the necessary steps within two business days of such failure or interruption, or should Landlordand realigently proceed to restore such ®nable expense to the Landlord.services, Tenant may act to restore said services at a falx as been repared and ed to the Ten nt Sigh. In order tthe understano avoid ding that Is lease t shall not bind the Landlord signature with nless and until it i or executed and delivered by the Landlord. 55`h. It is understood and agreed that the Landlord does not provide or furnish hot water d require in the dernised ant hall provide samremises and e, including such apparatus the event the Tenant lor devicesthe use of hot which may be used In the Ten p heating such hot water, at his own cost and expense. 66`h Bankruptcy or insolvency. If at any time during the term of this lease or any extensions thereof, a petition for relief, reorganization, arrangement or liquidation under any of the laws of the United State Bankruptcy Code to be filed by Tenant or any such petitions shall be filed against Tenant and not to be dismissed within sixty (60) days from the date of such filing, or if the Tenant has filed a petition to be adjudicated a bankrupt, or if the assets of Tenant or the business conducted by Tenant on the demised premises be taken over or sequestered by a trustee or receiver or any other person pursuant to any judicial proceeding, or if Tenant makes an assignment for the benefit of creditors, then the occurrence of any such act shall be deemed, at the option of the Landlord, to constitute a breach of this Lease by Tenant. Landlord, at it's election, may terminate this lease In the event of written notice to Tenant or to the Assignee or to the trustee or such other person appointed pursuant to the order of a court, and there upon Landlord may re-enter the demised premises, and this Lease shall not be treated as an asset of Tenant's estate. However, Landlord shall be entitled to exercise all available rights and remedies and to recover from Tenant all monies, which may be due, or become due, including damages resulting from the breach of the, terms of this Lease by Tenant. Page 3 of 4 `•;; :; l ; 56"'. In the event of any leak or flow from or Into any part of the building of which the demised premises are part of, or in the event of any defective conditions to said building for which the Landlord is responsible to repair, and the Landlord fails to repair such i; damage or remedy such defective conditions or commence the repair of such defective conditions within a reasonable of time after the receipt the Tenant period of such notice, =' agrees to repair such damage or remedy such defective conditions and the reasonable costs thereof, shall be charged to the Landlord. The Landlord and the Tenant mutually agree that in the event that the condition and the damage being caused Is of such a nature that the Tenant determines that any further delay would increase damage to the Tenant's premises or merchandise, the Tenant agrees to assume the responsibility of having the emergency repairs made Immediately and provided the repairs are the responsibility of the Landlord, the Landlord agrees to reimburse the Tenant the reasonable costs thereof. 57'h. It is expressly understood and agreed, by and between the parties hereto, that the Tenant herein shall not be entitled to any abatement of rent or rental value or diminution of rent by reason of any breach by the Landlord of any covenant contained in this lease on its part to be performed. In dispossess proceedings for non-payment, of rent, the Tenant shall not have the right to set-off by way of damages, recoupment or counterclaim for damages by reason of the Landlord's failure to perform any of the terms, covenants or conditions contained in this lease on its part to be performed, but the Tenant shall be relegated to an independent action for,damages, such independent actions shall not at anytime be joined or consolidated with any action to dispossess for non-payment of rent. 58`h. It is expressly understood that the Tenant has inspected and found the leased premises acceptable in their present condition. 59'h Subject to availability the Tenant agrees to pay $2.00 per month for each square foot of roadside directory sign area (Shopping Center Directory). Should the Tenant elect to lease the space on the directory, the Tenant and the Landlord reserve the right to - discontinue use on a 30 day notice In writing. Landlord will maintain electric and bulbs at his expense, monthly costs will be adjusted In the event electric or maintenance costs are increased. The Tenant is responsible for the cost of its directory sign faces. 601h., It is understood and agreed that in the event the Landlord decides to re -face the building's facade, replace store front signs, the Tenant herein shall contribute It proportionate share of the total cost of said Installation. Notice of the Landlord's intent to exercise this option will be given In writing in accordance with Clause # 35 of this lease. Percent of Tenant contribution will only be limited to portion of expense to Tenants leased area. 611. It Is expressly understood that the Tenant will comply with any and all requirements i as regards their lease premises Imposed by municipal agencies throughout the entire term of this lease. 62nd The Landlord reserves the right to require the Tenant to use a common rubbish removal, service,.natural gas supplier, utility service and/or water supply should it be considered by the Landlord to the benefit of the entire shopping complex. In the event it is required to employ a common'service and the cost can be allocated and paid by the Individual Tenants, In such event the Landlord reserves the right to administer such common service and bill same monthly as a common area expense. 63`d The Landlord reserves the right to require allocated employee parking areas for all employees and service vehicles. 64" The Landlord will not be responsible for any fees or commissions of any type in association with this lease. 65'h Trade fixtures and other personal property will remain as security under this lease and are not to be removed from the leased store until the faithful completetion of all lease terms and conditions. (All trade fixtures and other fixtures rented herein are the Landlord's property and are not to leave the premises. Tenant may remove Tenant's equipement In the event of corporate default provided all rental is current, all'security is forfeited and a penalty of an additional (3) three months rental equivalentto the rental called for,at the expiration of this Lease term Is paid prior to removal. 66`h Bankruptcy or insolvency. If at any time during the term of this lease or any extensions thereof, a petition for relief, reorganization, arrangement or liquidation under any of the laws of the United State Bankruptcy Code to be filed by Tenant or any such petitions shall be filed against Tenant and not to be dismissed within sixty (60) days from the date of such filing, or if the Tenant has filed a petition to be adjudicated a bankrupt, or if the assets of Tenant or the business conducted by Tenant on the demised premises be taken over or sequestered by a trustee or receiver or any other person pursuant to any judicial proceeding, or if Tenant makes an assignment for the benefit of creditors, then the occurrence of any such act shall be deemed, at the option of the Landlord, to constitute a breach of this Lease by Tenant. Landlord, at it's election, may terminate this lease In the event of written notice to Tenant or to the Assignee or to the trustee or such other person appointed pursuant to the order of a court, and there upon Landlord may re-enter the demised premises, and this Lease shall not be treated as an asset of Tenant's estate. However, Landlord shall be entitled to exercise all available rights and remedies and to recover from Tenant all monies, which may be due, or become due, including damages resulting from the breach of the, terms of this Lease by Tenant. Page 4 of 4 67". The Landlord will provide the following Improvements -for the Tenant: 1) llathroom t ';t,t S• , 2) Dividing Wall (see sketch)• rjcttAfles d4Scm grNr ro se v1uOne e, 469TN coe se.eecw W.9 c A to e c c /a .r 7"e It io R 6A rem �r N�9r�,i� A s sN e✓.J ttt>,i r' t . ,reA4 F_zre/eceR BiAco, Ripe•.e, eaaezx eveee ,CpTN�ae.v+ {{?' 68'h. This Lease Is conditioned upon the Tenant obtaining the required Suffolk County Health Department approval for the 16 seat take out use. The Tenant must provide notice to theLandlord on or before July'31, 1999 If the Tenant is not able to. obtain the required Suffolk CouAty Heath approval. In the event the Tenant is not sucessful, the Lanlord will have the �ptlon to pursue same. If the Tenant and Landlord are not successful the Tenant and Landlord will be mutually released from this lease and the security deposited herein will be forfeited. ' Aid Car , Landlord i ' RENTS TO: MARILYN QUINTANA, RECEIVER OF TAXES 53095 MAIN ROAD BOX 1179 SOUTHOLD, NY 11971 - 0959 16932 SOUTHOLD PO BOX 71 01 OF 01 1998--1999 TAX WARRANT NY* 119E•*32 1;g TAXES PAID BY CHECK A il+ ARE SUBJECT TO COLLECTION 4f- 473889 1q.0.--3--lI.—.:2: 6 ID SID LOVE LA i, g,V`ACRES— 0 elf 382 — HATTITUC. SCHOOL rid .,:OFFICE BL DG TAX SAVINGS DUE TO STAR: 0.00 TOTAL TAX DUE: 7) 654. 48 01/98 11/*30/991 12/07 SUFFOLK COUNTY TAX 1.1 J --400 :,::fir ai26 295. 2-2 —8.6 SOUTHOLD TOWN TAX 11i300 140,14-28 1iS87.Ei 2A3 MATTITUCK—CUT So-HOOL 111300 432,338 1-1• y ee!F . Lj-:", S A 9 MATTITUCK LIBRARY iipaoo 22, 705 256.1---7 5.8 MATTITUCk: FIRE DIST 11) 300 3 3,. F. aO 378.89 4.9 MATTITUCK PARK DIST ilk300 10a7617 1.21.69 17.1 STHLD SOL WASTE DIST li),300 11.432 1.:,_9.1.8 49.8 TOTAL I 21152.2a2"i 1 '3 1827 :' - DUI 33-, DUI "/oi./i v?l DETACH SF!I.OW ANn RETURN WIT14 FIRST HALI?PAYMENT APP L Y FOR THIRD COUNTY- 2381393j167 PARTY NOTICE BY TOWN: 6 2 S ) 9 S '7 14)/4,!1/99 SCHOOL: DETACH BELOW AND-RFTIInN WITH SFCOND HALF PAYMENT V April 30th, 19W Alan A. Cardinale Mattituck Shopping Centel MattilluCk, NY 11953 Re Retail Location on Love Lane Dear Mr' Cardinale, 81 T'frlVitif:nC(` Stf[�f t Staten Island, NY 103Ck1 %1Fi-i88-r!f),. The retail location on Love Lane in Mattituck appears to be a perfect location) ft)!- oln Gourmet Coffee and Ice Cream Corporation to begin operations on the east end of Lorg) Wand With the regular flow of daily traffic and its central location within the community I am SAwe. our, products and services wait be of value to the local area which will enable us to sustain a lo:ka tastino presence on Love Lane long into the future. I have reviewed the proposed lease for the above referenced location and I vor,)(Ad like to proceed with signing the tease agreement after Ym discuss the following proposed change -I to the lease agreement you provided. Annually compounded graduations of 4% Proposed amendment: Annually compounded graduations of 2% or C HAA Cab t'• V I W/w''o. 3.5 79 of 4% every other year. " 0 27A, OK Proposed amendment U a 2713. Proposed amendment: Proposed amendment: #38. O k Proposed amendment: 0 Tenant wail only indemnify and hold the landford hanniess in cases -of negligence. The landlord's liability under this lease will be equal to the value of terrarrts furniture and equipmeirt. Electrical fixtures or air-conditioning purchased aria installed by the tenant shall remain the property of the toant upon the expiration or termination to ttii5 lease. rt4.C'tLjrw/ T MN 'ry"VL tow 1,14- Tenant ,rti Tenant wit submit a sketch of proposed stom sign to the landlord for approval and obtain all required sign permits. The tenant shall not -install or, a&q:t any signs or other objects to the exterior facefol, storefront without the prior approval of the laWlord ii r~ itI(r N #41 , Cb K - 4ur-M LOT -17AX - Propused aR1endmeM: What is the dollar amount of the total Real Estate 'ray; , the tenart wfil pay quarterly Will this be a fixed amount for the term or tnc 16 1 Q #43 "1 A A ORF 0c A.& � nr-(4 For- Anil' 114L'zfA 7(,NgrJ. Proposed amendment: e, � a !YJ�A What is the dollar amount of the total nlontijly rnaintenar►ce tenant wall be responsible to P*y What is the maintenanCe breakdown tof the Proposed retail location. (What IS covered) Nl° #46 aArlr`lL�A1IhtE1i�► [� 1 > XNC j.VDWr Pro posed amendment: Not applicable for Coffee and Ice Cream kyr #45 Discard tram lease 1I5i *MA N� a� fiu�vc� dk proposed amendment: Tenant will pay landlord attorney's fees only -if iarrr_II01A is successful. Landlord will pay tenant attorneys fEie4 only VtE�rlarrt is successful #60 v Proposed amendment percent of tenant contribution will only lar, li-Ifited to Portion of expense to tenants leased area #66 Proposed amendment: As long as the tenant pays the rent when dui:, clause should not matter. If rent is not paid t;;y 4Es;lanl then the landlord can take any action IW;es$ary to either collect the rent and/or terminate the tor,ar icy #W discard from lease. Landlord agrees to install the following at the tenants Jesse location on love L*rw, 1) Bathroom jj C) k 2) Stairs leading to the basement — ~BAs f-ry L ty ( k f -WT-- �t�<�r K 3) Wall dividing the lease space from the adjacent tenant. (In retail location and the basement) ; Very truly yours, rf Jim Ryan r AI'11I.ICANT THANSACT.10NA1. DISC l.tl�+lilt R V01tM The Town o1= Southold's Code of L_L•ltica proh1bit•s interest on t11e part of town ofL•lcers and em to purpose of this f•orut Is J; pro_ v_'Ide_inform_atlon alert the town of possible conflicts of interes it to take whatever action is necessary_to avoi conflicts of ees. The hick can and allow s YOUR NAMR.: G_S.-_— (Last namE�, flr. ; name, middle initial, tireless you are applying in Lite ►tame of: someone else or other entity, such as a company. If so, indl.ente Hie other person's or company's name. ) NATURE OF APPI.ICA'TxoN : (Check a 11. that apply. ) Tax grievance Variance _ Change Of zone -, Approval of .plat Exemption from p.laL or off.icia.l. map - OLher _ (If "Other," name Lite activity.) - Do you personally (or through your company, sponse, s 113,11 rtcl , parent, or child) have a relationship with any officer or employee of Lite 'Town of Southold? "Relationship" includes by blood, marriage, or bunlitens interest:. "lluniness Interest" means a buninenn, i.nc.l.udiwitl n partne-ralsip, tit which Lite town officer or employee has even a partial ownership of (or employment; by) a corporation in which the town officer or employee owns more than 5% of: Lite shares. YES NO P/ If you answered "YES," complete Lite balance of title form and date and sign where indicated_ Name of person employed by L•Ite 'Town of SouLltold Title or position of Lhat person Describe the rel.ationsltip bel:ween yourself (ttte applicant:) and the town officer or employee. Either check Lite appropriate line A) through D) and/or describe in the space provided. The town officer or employee or hls or her spouse, sibling, parent, or child is (cltecic all tlta L apply) : A) the owner of greater than 5% or the sharers of the corporate stock of Lite appl.lc,�nt (when Lite app.l..icanl; is a corporations); B) the legal or beneficial owner of any interest in a noncorporate etiLit-y (witen Lite applicant is not a corpora t• ion) t C) an officer, director, partner, or employee of Lite applicant•t or D) Lite actual applicant. D1ssCl2[P'I'I0N OF ltl'sf.. rl'ONS111:1' Submitted Lit day of 199Y Siytsat;tnr.e f' r. I n L• name--- � ��a�-� 3 _r��9���/ �.__._._._ NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JULY 22, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JULY 22, 1999 at the time noted below (or as soon thereafter as possible): 6:40 p.m. Appl. No. 4718 - JAMES RYAN (Owner: Alan Cardinale). This is a request for a Special Exception under Article IX, Section 100-91B(11) to establish take out restaurant use in existing building known as 50 Love Lane, Mattituck, NY; Parcel 1000-140-3-42.2. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or to submit written statements before concluding the hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: June 28, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski v, -S L ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK Iii the Matter of the Application of i NN 2,��� (Names of Applicants) Parcel ID #1000- /,/0 ----------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, ,fix a o-) residing at $r/ /� ® v %Az`� 4e ��rG CC_,,j i t� New York, being duly sworn, depose -and say that: On the - day of J ��� ,19, I personally mailed at the United States Post Office in �'��,��� �s/�,v.� , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. z__ (signature) Sworn to before me this 2Qday of J 1,//Y 919fl. (Notary Pub ic) the buck of this Affidavit or on a sheet'of j;gj)er, the lot numbers next to the owner nan:es and addressesfor which notices were mailed Thank yom t -14,er ��G9ues wy l�971 2) Sit U e- 4 f. 644;SG /J GISG`j �a�o 0x" &Y r�� � 3 L of IW -3-L1/ -74 `1 V, U) d E Complete items 1 and/or 2 for additional services. Complete iems 3, 4a, and 4b. I also Wish to receive the follow- Ing f I y E Print you'r ame and address on the reverse of this form so that card to you. services (for an extra fee): we can return this Ijl y E Attach this form to the front of the mailpiece, or on the back if space does not 1 E Addressee's Address permit. � •O w E Write ","eturn Receipt Requested"on the mailpiece below the article number 2. 0 Restricted Delivery E The Return Receipt will show to whom the article was delivered a, o delivcaecL and the date _ J. Article Addressed to: °' 0 1�6P��� 4a. Article Number 5-1q d- a' ami 0 w >D,s�,�,�fi �® �V n �j��(� 40. Service Type �f1 a El Registered 11� Certified El Express Mail 11 Insured tar,P ® 1 ❑ Return Receipt f r Merchandise ❑COD � Q Z 7 Date of elle o l wddr d 5. eceived By (Pr' t Name) B.As ee's ddres (Only ifrequestedand a c 0 6. Signature (Addressee or Agent) fee is paid) a PS Form 361 8, December 1994 102595-99-B-0223 Domestic Return Receipt i 2 o I m � a 1 0 N I o a (a ` R )r LX) U N o me�R m aKAco� �0zoU talo jS6 I 11/ r ,, ti E L, � •O Q � U W a� R [ fA •O q7 m y O C a m ani S E E 2 Q a 25 �0 0 f0- S661 ludw ,_ a talo jS6 I 11/ r ,, ti E L, ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK -----------------------------------------------x In the Matter of the Application of (Name ofApplicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- /-5�lo - 3 - Z�d -a-) ---------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING residing at ,T -g )z,,vo( , New York, being duly sworn, depose and say that: On the -3 day of .3L" �y ,199, I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for- seven days prior to th date of the subject hearing date, which hearing date was shown to be (Sign ure) Sworn to before me this qq o'�b day of - , 191/. NOW,, I �1 0—Mg Unarn *near the entrance or driveway entrance of my property, as the area most visible to passersby. § 58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING § 58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.I.. No. 25-1995. Amendments noted where applicable.] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the' property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and .the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street -SOUTHOLD CODE $ 58-1 from the property included In the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date of the initial public hearing on the application and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or agent shall (Ile an affidavit that s/he has complied with this provision. NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JULY 22, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JULY 22, 1999 at the time noted below (or as soon thereafter as possible): 6:40 p.m. Appl. No. 4718 - JAMES RYAN (Owner: Alan Cardinale). This is a request for a Special Exception under Article IX, Section 100-91B(11) to establish take out restaurant use in existing building known as 50 Love Lane, Mattituck, NY; Parcel 1000-140-3-42.2. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or to submit written statements before concluding the hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: June 28, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. 60EHRINGER CHAIRMAN By Linda Kowalski S?ECIA(. ACCEPTION- IAFVt our t2C50r,4u1z4&r/ NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: 'SftMiS A yqQ DATE OF PUBLIC HEARING: —(4u9SD4Y ZULY o1.7, 1499 V-40 em If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and / BOARD OF APPEALS •TOWN OF SOUTHOLD I� COVE laNL , MA -TT I ru Ge • (516) 765-1809 OFFICE OF ZONING BOARD OFAPPEALS 53095 Main Road Southold; NY 1197T (516) 765-1809 fax 765-9064 June 25, 1999 Re: Chapter 58 — Public Notice for Thursday, July 22, 1999 Hearing Dear Applicant: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter. 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be mailed and shall include a map or sketch showing the new location with the setbacks and use noted. Send this Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, as soon as possible, with the map to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. Please submit your Affidavit of Mailing to us by the Friday before the hearing date, with the post office receipts postmarked. Later, -when the green signature cards are returned to you by the Post, Office, please mail or deliver them to us. If any signature card is not returned, please advise the Board at the hearing. You must post the enclosed sign no later than, 7/14/99. Post the sign facing the street, no more than 10 feet from your front property line bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days, and if possible, should remain posted through the day of the hearing. If you need a replacement sign, please contact us. After the signs have been in place for seven (7) days, please' submit your Affidavit of Posting to us for the permanent file. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to cancel your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office Enclosures r FOR BOARD AND STAFF USE l/8 SC' Updated New Information Z/,Yh t- G��P Zo�Yf e G E N E R A L N 0 T E S 1. ALL CONTRACTORS TO VISIT JOB SITE, CHECK EXISTING CONDITIONS AND WHERE NEW WORRK IS TO BE INSTALLED. 2. POURED CONCRETE TO BE 3000 PSI 28 DAY, CLASS A ONE PART CEMENT TOA MTNTMUM OF FIVE. AND ONE HALF PARTS OF SEPARATE VOLU�°4E:S OF FTNE AND COARSE AGGREGATE MEASURED DRY, WITH A MTNTMUM OF SEVEN AND ONE HALF US GALLONS OF WATER PER SACK OF CEMENT. 3. ALL POURED CONCRETE TO CONFORM TO AMERICAN CONCRETE INSTITUTE. BULLETIN ACI 318 FOR DESTGN MATERIALS AND METHOD OF CONSTRUCTION. 4. CONCRETE FOOTTNGS SHALL BE PLACED AGAINST UNDTSTUR13ED SOIL. THE FOOTING SHALL BE PLACED ON FIRM, CLEAN SOUND MATERIAL. ALT, UNSUITABLE MATERIAL'SIIALL BE REMOVED PRIOR TO PLACEMENT OF THE FFOOTING. 5. ALL DETERIORATED FLOOR JOISTS, VERTICAL AND HORIZONTAL STUDS FOR WALT, CONSTRUCTION TO BE REMOVED AND REPLACED. 6. SIIEF.TROCK WALLS TO BE k", TAPED AND SPACKLED THREE COATS READY FOR PAINTING OR FINISH AS SELECTED BY OWNER AND/OR RENTEE. 7. STAIRWAY WALLS TO BE FIRF.RATF.D SIIEETROCK ACCORDING TO CODE. 8. ALL WINDOWS TO BE REPLACED WTTH NEW ENVIRONMENTAL ,REQUIRED GLAZING AS PER NEW YORK STATE ENVIRONMENTAL ENERGY CODE. 9. ALL EXTERIOR WALLS TO BE INSULATED WITH PROPER .THICKNESS AS PER STUD SIZES: 10. ALL PLUMBING AND ELECTRICAL WORK TO BE UPGRADED ACCORDING TO ALL MUNICIPAL AUTHORTTIF,S, LOCAL BUILDING CODE AND UNDERWRITERS ELECTRICAL CODE. 11. ALI, TNSPECTTONS TO BE CALLED FOR FROM BUILDING CODE AND UNDERWRITERS. 12. ANY STRUCTURAL _CHANGED REQUIRED TO BE REVIEWED AND SUBMITTED BY THE CONSULTING ENGINEER TO THE BUILDING DEPARTMENT FOR APPROVAL AND INSPECTION. UIS -TIN -e? WALL 3a•� 4i 17 ' 1 i i i i 1 -jai- --- — - -----� fNli 1, rt r• M i ONl kGA W 7 -r -D a 4 C) c; ,t i l f,r I i7f �Qr. 4'0�/,J 7-4 16, ------ ....... .�' dot <-r►.lyyTO o��G G12APt� T -- - ko .CEI -LAP, 11-71-'il 7 �• '� T \ ✓ \ ,`•fir r'-fir:--._:.._.--�-.,._—r'a.-�.,- •�-- =c..__-.•----r--..�..-•�.-.. - , A0rF r IfG END _ t OUTS/.df D//'1CNSIG/�� O!'' F'4G//'•'!.'rfii�/D�4r5 ✓'`;�'/"" Ols,�'�4'!%.r`�.. oTA4Cl�J PLAZA LvY'r Llf fid SAIABACH ASSOCIATES ENGINEERS, PLANNERS, ARCHITECTS P.O. BOX 1033, COX LANE CUTCHOGUE, N.Y. 11,035 D A TT : 4- 2,t 5 rr lat____, SCAlr.' 17-r - nR,5 7' 17OOR PZAA1 IIN N TO f --'IA /✓ -- mi ....E-----__—.-- i I l ! q, ; F 7' 1 { ___ - - __ r------�--.-- - - ---�-9._ ! /x\\ t- I t \,cb I r ; 1 1 t� i 1 ! ! /x\\ t- I t \,cb I r ; 1 i 1 ! ! /x\\ t- I t \,cb I r ; MAT7"l7VC) ,1.I , 11-Y. SAMBACH ASSOCIATES ENGINEERS, PLANNERS, ARCHITECTS P.O. BOX 1033, COX LANE CUTCHOGUE, N.Y. 11935 DA TC ' 4,1 QR/'Y//l f'?' f 41 s ! 1 f t I i MAT7"l7VC) ,1.I , 11-Y. SAMBACH ASSOCIATES ENGINEERS, PLANNERS, ARCHITECTS P.O. BOX 1033, COX LANE CUTCHOGUE, N.Y. 11935 DA TC ' 4,1 QR/'Y//l f'?' f 41 I I I I I -� 4� .. F---------- i I 1 ' i �+ , � I i � r i �i j s+ i t � I ; ( � i � � 3 i { I ' i } 33 ' i 1 '' ) � � j I i } � i ( � '' j i; J� � � ( i I t} i � f 1 j I ! 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