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HomeMy WebLinkAbout4382 _ ~ 51e~ ' ~~~®s2y gL I___..-___..._.._._._, ~ y e1 rd BOARD MEMBERS mo`t` Gy o= Southold Town Hall Gerard P. Goehringer, Chairman c 53095 Main Road Serge Doyen, Jr. y r~ P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 ing Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. #4382 ACTION OF THE BOARD OF APPEALS DA'L'E OF ACTION: May 29, 1996 APPLICANT: ISLAND ALE, INC. (Present Owner: F. Cichanowiez, 3rd) LOCA'T'ION OF PROPER'T'Y: 32240 Main Road, Cutchogue, NY. COUN'T'Y TAX MAP DISTRICT 1000, SECTION 103, BLOCK 1, LOT 19.3 BASIS OF APPEAL: March 25, 1996 Notice of Disapproval issued by the Building Inspector regarding proposed width of building, Article X, Section 100-103C. RELIEF REQUESTED: Variance for approval of building as designed at a total width of 120 and gross floor area of 5760 sf, all as shown on site plan map (updated) May 9, 1996, prepared by Roderick VanTuyl, P.C. The location of an existing building in the front easterly corner of the property is shown on the latest map (May 29+-) to remain in its present position, rather than a new location for use as a single-family dwelling. MOTION MADE BY: Member Dinizio SECONDED BY: Member Doyen ACTION/RESOLUTION ADOPTED: Granted as applied with outdoor lighting, parking, screening and other site elements to be decided by the Planning Board under the site plan approval process. REASONS /FINDINGS OF FACT: The location of the proposed building is located in the B General Business Zone (3.282 acres) area, in addition to the remaining 23 acres in an R-80 Residential Zone used for agricultural purposes. The main use of the property is to be changed from agricultural to restaurant/microbrewery with pub. The setback of this principal building is shown to be proposed at 146 feet and approximately 130 feet from the westerly side property line, and the width is proposed at a maximum of 120 feet. The alternative would be to build two separate 60 ft. wide buildings which would not have an interior access. The combined use will necessitate an interior building access for the larger gross floor area to allow for services such as dining separate (but accessible) to a brew pub area. Town records show that this is the second building design, the first design having been sanctioned in the initial site plan process by the Planning Board before a new ruling was placed in the zoning code (August 1995) restricting the. width of buildings in this zone. The intent of the new law restricting the width of buildings in this zone was to allow more than one building while at the same time preventing "strip malls." The Page 2 Appeal No. 4382 - ISLAND ALE, INC. Decision Rendered May 29, 1996 use of this property is not proposed as a mall, and is confirmed to be as a principal restaurant-brew pub (combined) use. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopte:a=~`~' ZBA:lk f/GERARD P. G RINGER, AIRMAN Approved for Filing P'Y { lown Ci ' 1 I - APPEALS BOARD MEMBERS Southold Town Hall Gerard P Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr.s1 j ~,+b® Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, MAY 29, 1996, commencing at the times specified below: 7:30 p.m. Appl. #4386 - CINDY AND MITCHELL RUGGLES. Application for a variance based upon the May 6, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code, Article IIIA, Section 100-30A.4, to locate an above-ground swimmingpool with entry decking and fence enclosure in an area other than the required rear yard at 1150 Nakomis Road, Southold, NY; County Tax Map Parcel No. 1000-78-3-15. The subject parcel contains a total lot area of 13,200+- sf. 7:35 p.m. Appl. #4379 - LISA AND NIKOLA GALJANIC. Application for a variance based upon the Building Inspector's April 4, 1996 Notice of Disapproval, ref. Zoning Code, Article XXIV, Section 100-244B as amended 11-28-95 to construct new dwelling, maintaining the existing dwelling's front yard setback location. Location of Property: 1065 Bay Avenue, East Marion, NY; County Tax Map Parcel No. 1000-31-9-1. This parcel consists of 17,590+- sf. 7:40 p.m. Appl. No. 4334 - VINCENT MANGO as Contract Vendee (Owner: r Page 2 - Legal Notice - Regular Meeting of May 29, 1996 Southold Town. Board of Appeals Edith Purpura). Application for a variance based upon the April 22, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code, Article XXIII; Section 100-239.4 to replace accessory storage shed in a location less than 75 feet from the bulkhead. Location of Property: 8225 Nassau Point Road, Cutchogue, NY; County Parcel No. 1000-118-4-10; also referred to as Lot 64 and part of 65 on the "Amended Map A of Nassau Point" (1922). The subject premises contains a total lot area of 1.375+- acres in an R-40 Zone District. 7:45 p.m. Appl. #4385 - KEVIN & ASCENSION KYLE. Application for a variance based upon the May 6, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code, Article IIIA, Section 100-30A.3, to construct deck addition with a setback at less than the required 50 ft. rear yard setback, at 815 Park Avenue, Southold, County Parcel No. 1000-56-1-2.4, also referred to as Lot #14, Long Pond Estates Subdivision. This is a corner lot consisting of 40,017 sf. in an R-40 Zone. 7:50 p.m. Appl. No. 4383 - HELEN DITTUS. Application for a variance based upon the May 7, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code Article III, Section 100-33B(1), for approval of accessory shed in the southwest corner of the rear yard "as exists" at less than the required three ft. setback. Location of Property: 305 Masters Road, Laurel, NY; County Parcel No. 1000-126-9-22; also referred to as Lot #6 and part of 7, Map of Property of Dan J. Stack (County Map x815). Size of Property: .25+- of an acre. 7:55 p.m. Appl. No. 4381 - LARRY AND LINDA RAPPAPORT, Application for a variance based upon the Building Inspector's April 30, 1996 Notice of Disapproval, ref. Zoning Code Article IIIA, Section 100-30A.3, for approval Page 3 - Legal Notice Regular Meeting of May 29, 1996 Southold Town Board of Appeals of porch addition "as built" with a setback at less than the required 15 ft. minimum side yard in this R-40 Zone District. Location of Property: Lot #14, 13 and part of 12 as shown on the Map of Point Pleasant containing 2.00+- acres; 1605 Pt. Pleasant Road, Mattituck, NY; County Parcel No. 1000-114-1-5.1. 8:02 p.m. Appl. No. 4382 - ISLAND ALE, INC. and F. CICHANOWICZ 3RD. Application for a variance based upon the Building Inspector's March 25, 1996 Notice of Disapproval to construct new principal building at a width of more than 60 feet which is restricted by Zoning Code Article X, Section 100-103C of the Zoning Code. Proposed Restaurant (Principal Use) in this B-General Business Zone District. Location of Property: 32240 Main Road, Cutchogue; County Parcel No. 1000-103-1-19.3 (includes former #103-1-18 consisting of one-half acre, and entire 26.2 acres is a part of a 55.2 acre parcel of record in 1985). 8:10 p.m. Application of SCOTT RUSSELL - Reconvened 'nearing (carryover from May 1, 1996). 8:15 p.m. Application of DANIELE DUPUIS - Reconvened hearing (carryover from May 1st). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the times designated, and are in addition to other hearings. It is recommended that the file(s) be reviewed before the scheduled date of the hearing for updates or new information. If you have questions, please also do not hesitate to call 765-1809. Dated:. May 13, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x ~R@1 NO. 3 s lJ - TOWN OF SOUTHOLD' $ ' 1BUILDING DEPARTMENT ~ J SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL v ra,,•ci f'.6, ~ur.a-~ ~ ~iercr~~3`®>`-'le~,'u,. DATE: MARCH •25; • 199h . . To ...MORTON BUILDING INC. A/C ISLAND ALE INC. - FRANK CICHANOWICZ III P.O. BOX 1285 CUTCHOGUE, NY 11935 PLEASE TARE NOTICE that your application dated ?~29......... 19 95 for permit to CONSTRUCT A BREWERY PUB at Location of Property ..32240 MAIN ROAD CUTCHOGUE NY House No. Street Hamlet County Tax Map No. 1000 - Section ....!?3.... BLOCK LOT .....19:3.... Subdivision Filed Map No. .........Lot No. is returned herewith and disapproved on the following grounds ..INSUFFICIENT INFORMATION HAS BEEN SUPPLIED AS TO PROPOSED USES AND PRINCIPAL USE OF PROPOSED CONSTRUCTION, ALSO ACCURATE PLOT PLAN WITH SET-RACK DIMENSIONS NOT PROVIDED. UNDER ARTICLE X SECTION 100-103C PROPOSED STRUCTURE IN PRELIMINARY PLANS WILL EXCEED THE PERMITTED 60 FT OF LINEAR FEET OF FRONTACE,ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. ALSO REQUIRED UNDER CHAPTER 45 OF THE CODE OF THE•TOWN OF SOUTHOLD, 45-8 CERTIFIED PLANS SHOWING COMPLIANCE WITH UNIFORM CODE AND UNDER 45-8E SITE PLAN APPROVAL BY PLANNING BOARD. • , . BUIOING 'INSPECTOR ZONE RV 1/80 Cam//!P V N\ Oe PAS C~, ( CC)L rl~'~ j(1J`L~ ' I PORN NO. 1 3 a_.i'S Or PLANS . 1 TOWN OF SONTl1OLD SIIRVRY BUILDING DRPARITIRNT CHECK TOWN HALL SEPTIC PORN SOUTIIOI.D, N.Y- 11971 7Th: 765-1802 NOTIFY: Eu1-- k-~LC.e-1 RrF¦nirreo) l4L........ 19zg MAIL TO: Aplnm-ed........... 19. Permit No. Dssa' roved a/c . 1 C` G is ; y (Iksilding Inspector) APPI.ICATI.ON FOR BUILDING PERMIT ~""`6F5O11xr, INSTRUCTIONS r a. 'This application must Ile canpletely filled in by typewri Ler or in ink aexl milmitLed to the Building Inspector with 3e sets of plans, accurate plot plan to scale. Pee according to scheokrle, b. Plot plan slowing location of lot and of lnildings an premises, relationship to adjoining premises or public a?-reets or areas, mxl giving a deLailed description of Layout of property must be drawn on the diagram which is part of tihis application. c. 71x: work "wereil by this application may not Ire commenced before issuance of Building Permit. d. Nino approval. of this application, [lie lloilding inspector will issue a Iknilding Permit to tine applicant. Such permit saral.l. Ire kept oxn the premises available for inspection throughout the work. e. No lnnilding shall be occhgried or used in wlnol.e or in part for any purpose whatever until a Certif:icaLe of Occupo cy shall have been granted by the Building Inspector. APPIACAI71011 IS ITi- KRY MADE to tine Iknildine Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of Lite Tom of Southold, Suffolk County, New York, and other applicable laws, Ordinances or RegrdaLious, for tine construction of Ixnildings, aikli[ions or alterations, or for remrnal or desml.ition, as herein described. 'Ihe applicant agrees to comply with all applicable laws, ordinances, building code, horsing cole, mxl regulations, awl to admit autlorized inspectors on premises awl in Ixnil.ding for necessary inspections- ,Tc.(aJ_A1e. ~'".c (Signature of applicant, or nave, if a corporation) TD Sox I'L95 ( )~c~,oc ~ N 61935 I.......Y......... (Mailing address of applicant) State wlretlrer applicant is(& r~Jessee, agent, ardii LecL, engineer, general contractor, electrician, pludrer or Imilder. Mane of umer of premises . .rG~.~ i\_. L' c V%(Xa o,.,.~cc,z. --ly-l-' . .t............................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of iknly autorized officer. (M4 ve mxl title of corporate officer) Builders License No S S,7v Pludrers License No. Electricians License No . Older Trwle's License No . 1. location of larxl on whhich proposed work will be done...... ..4. .S .P.................... )louse Nerirer Street hamlet GRIMY Tax nap Ncr. RXX) Section ......LS<3..... block ......I lot ...Lq:.3....... Sulxlivision Filed N.ap No. 1.ot (Name) 2. State existing use and occupancy of premises awl interxled use awl occupancy of proposed construction: a. Existing use and occupancy ....{dry/fit yy~..,J.p-.U..g....f....-..(/ b. Intelxleol use awl occul au y Rd* .a.. 4 . . - ...~.°"r'1. ~!.Y.- 7. Rilnta of )ink (dieck wilicdc fill), .,Isle): Nuw Ik;)Idiug AckUt ton Attest loll I(elxpir Itenoval Desialit loll _ Diber IIoik 1 pt ion) 4. Esliacsled Cost 4x SJ fee (to lie laid on filing this al)pl ical icw) 5. If ckxilinl;, usher of ck ell isl;uni s..., Mailer of rk elliog units cxi each floor ~i... Pv If ga r.));e, rxuiser of cars 6. If Ixisioess, ainnercial or mixed ot!culxv)cy, slxcify lull pre vxl extent: of each type of 7. Dinx:ltsicx)s if existing stroctrues, if any: Prcxpt.iAl/. Rear ,t- .4T...... DupdI A) J~ ,n d " . IluiglLL !"1'.1 7 MrJ)er of stories ....Ly,p"~-...... Dimensi"is f acne stricture with alteraf l i s or ackli!:lone: PrOnC Rear /~'~`.'C'?....... Ik:plh ..,i~ Ileigl w: ~4!(~/ UxdLr of stories y Q~~( ~ it. DinieliSi0na of entire nea (xx)sLnscLioop Front ~Z(~_. Ileac ..t/Z Depth . L Ileil)a .s.: S-.?. .76.FkAj:.,,. Noiex of, stories Z...... 9. ,Size of lot: Front: .956' Bear p, r......... Depth Z x(7.9....... p7 ID. Dale of Purchase Name of Porner (krtxar Qt".-. - I I II. 'Lx)e or use district In cAsidl preni ses are situated ..........F? 12. Ik)es prolx)sed coost:nx:t ion violate any ztx)ing I m, ordioaiwe or regulation: I:S. Will lilt lie regraded . 1~1PS Will excess fill. 1)e rceprwed frail preni ses: YES 1l0 I4. Mvip s of W er of premises ru:^ C.4 ;'S ~:y _<.2 &klress n 7-.(z S ,Sa llsale No. .3. Mole of Ard)itect Address (Jt.. 11 ,ore 610. Mille of ftx)iractor .t )4!,'0~.~?~ .5 /vkiress .~C....... More N0. 15- is this property within 300 feet of a tidal wetlaixl? * YES a) x AIF us, SallinD'um -I1(t1S1m-) lumn. ila Ill's RfLjl)11(19). PLOT DIM I(Atd Irx!ate clearly acxl distinct-ly all Ixpi)dings, rdietlier existing or prolx)sed, still irxlicaLe all set-I)ack din)eosions. frail property lines. (,ive street aril block usher or description according Co deed, arxi allot street: nanes rill irxlicale ldpedser inlerior or corner lot. SlA•1), (A' WAI Y(NiK, (1111fly IF SS --{u`...... ..•`d~. .c.-~- Ix:iug duly ::worn, dellcmes aul says that Ise is the applicatIC (Wile of iulividual. sigoiug coal:racl) - all NC ianr!d, Ike is the (ccn)I:ractor, ,ent, x)raue officer, etc.) of said coaer or con Knr, all is duly auWorizevl to lerfonn or have lxir'foyned Lbe said woik aucl to mike- rill file this application; thal: all. sLalrarents coutaipxsl in this application are trite to the lest: of hin kixorletige mxl lielieN, aixl Ihal, the wutk will Ix lierfounecl in the oxuaxor set. forth )u [lie application filed theics ith- D,A)ro to liefore fir, this ZB,~ti ...................day of .19 7) ~J.J. 9 . weary 14pblic <.:_..2C R03clit (Signature of ) 'can') NOTARY PUBLIC, State N.Y. No. 4725089. Suffolk C6bu_n_tyy Term Expires May 31, 195° ROCEIVED 'town Clerk SNt1)oid ~5 17 TOWN OF SOUTHOLD, NEW YORK ~i APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. Y3 R DATE ?(hlrP....... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) Island Ale, Inc. _.......,,of 322.4.© Main Road ,I..aU: .`"..n S Nome of Appellant Street and Number Cutcho ue .N;Y HEREBY APPEAL TO Municipality State Cl Sara h THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ar trMUL APPLICATION FOR PERMIT *40;' DATED ~2z.. ....1~ WHEREBY THE BUILDING INSPECTOR DENIED TO Mo__r_to_n,..D il_da.ag_..Inc_...A/..C-Zslantl..Ale. Inc. Name of Applicant for permit of 32240 Main Road Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (Vi t ~flY i r l aJUr/-lj LOCATION OF THE PROPERTY Main Road .utchogue/„B Street /Hamlet / Use District on Zoning Map . Di . stri ..ct 1000 Section103Block 1 Lot 1 . 9 u.~rrent owner Frank A. Cichanowicz Map No. -Lot No. Prior Owner Dr ]ding 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.) Article Section lD3C 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cans. Laws `Art. 16 Sec. 280A Subsection 3 A Variance to allow for a building wider than the 60' allowed 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made 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 .............................I REASON FOR APPEAL ( )/A Variance to Section 280A Subsection 3 ( V- A Variance to the Zoning Ordinance is requested for the reason that Fenn zBi (Continue on other side) ~'f „3f» ~i ~~+stta~ tn's~v* i REASON FOR APPEAL~y~ued I. 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 immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The proposed building would be setback sufficiently'. from the roadway, and the building will be used for one primary: use-,,a brew-pub, and not several independant uses. Also, the roE road frontage of the entirseproperty isssubstantial, while in in comparison the width of the building will not appear so, due to the distance to the road.' STATE OF NEW YORK ) ss COUNTY OF ) Sign tur Sworn to this day of.........,....... 19 .........v . 4 Notary Public f/ ROBERT t"SCO I JR. NOTARY PUBLIC, State of N.Y. No. 4725089. 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DEPARTMENT OF PLANNING DIRECTOR OF PLANNING June 24, 1996 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) ,,Rappaport, Larry & Linda 4381 , Island Ale, Inc. (F. Cichanowicz, owner) 4382 Dittus, Helen 4383 Manago, Vincent 4384 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C:IW PWIN601WP000SIZONINGIPERWORMSILD-ZON1. W PD 720 RABRO DRIVE • P.O. BOX 6400 • HAUPPAUGE, LONG ISLAND. NV 117884)199 • 1516) 853-5190 • FAX !516) 853-1044 July 16, 1996 Frank Ciehanowicz 3rd P. O. Box 222 Peconic, N.Y. 1198 Re: Appl. No. 4382 - Variance to construct a building Dear Mr. Cichanowicz: Please find attached a copy of communications from the Suffolk County Department of Planning which results from their review under the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area, West Harbor, Fishers Island Sound, Long Island Sound, and its tributaries. The County has left this project for Town determination, and therefore no further action is required by the County or the Board of Appeals. This copy is for your update and recordkeeping. Before commencing construction activities, please be sure to follow-up with the Building Department at 765-1802 to determine whether the file is complete for issuance of a building permit or certificate of occupancy. Very truly yours, Lucy Farrell Enclosure _ C J SEP-51996 IIiIi~ Southold Architectual Review Board Southold Town Hall Main Road Southold, New York 11971 Dear Board Members: In reply to your request for further clarification of some parts of our project we. have enclosed a sheet with your questions and our responces in written form as you have requested. we trust this answers your questions; however, please notify us of any others you may have. In order to facilitate progress on this project we are sending copies of this information to the following: Ms. Jean Cochran, supervisor B. Kelly Planning Board Board of Appeals Architectual Review Board Yours tru y Frank Cichanowicz Neal Cichanowicz C r-x ~e Z acl~»c3 Island Ale ' SEF - 5 I+ SCPM#1000-103-1-19.3 written clarification requested J 1. Written clarification of roof shingle color. A. weathered shingle color/look desired 2. Type, style, operation and color of windows and doors to be used on all sides of the building. A. All sides of the building will have the same standard Anderson, vinyl clad crank out casement windows; color--white. Behr stains ( brochure color chart provided to your committee earlier)--colors to be used for the trim and doors will be Bordeaux #323 and Evergreen #516--as per plan provided to you earlier. 3. Written clarification of type of heating/cooling to be installed and location of this equipment at grade or on roof. A. Gas fired heating and cooling--tobe located on roof. 4. Written clarification of type and location of any roof mounted mechanical equipment including kitchen exhaust, etc. Indication of any kitchen or brewery venting if through side wall.s A. No venting will be through side walls. 5. Written clarification as to what is meant by "obscure" roof vents. A. "Obscure" vents refer to bathroom facilities vents. These vents will be PVC, white, diredtly above the facilities--and will be painted to match the roof color. 6. Type of material proposed for building ornamentation and details. A. Ornamentation: to be custom made of wood unless pre-manufactured designs of hops and/or wheat sheafs, etc. are available. 7. Is there a proposed awning, canopy or tent for this project? a. At this time there are no plans for an awning, canopy, or tent. 8. Is design and color scheme of sign submitted on August 3, 1995 still the same? A. Sign design has been changed and new design will be forthcoming. Mr. Peter Jacques is being consulted on design. ~~gUFFO( APPEALS BOARD MEMBERS cm Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County Administrative Ccde, 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 X Section 100-103C Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4382 Applicant: Island Ale, Inc.(F. Cichanowicz, 3rd Present Owner) Location of Affected Land: 32240 Main Road, Cutchogue, NY County Tax Map Item No.: 1000- 103-1-19.3 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One (Nile of an Airport Comments: Applicant is requesting permission to construct building which will exceed the permitted 60 ft. of linear feet of frontage. Copies of Town file and related documents enclosed for your review. Dated: June 20, 1996 y, r,y~~gyFFDC;~-co APPEALS BOARD MEMBERS ti h~~ Gy o Southold Town Hall Gerard P. Goehringer, Chairman * T 4 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. ;~O! ~a0 Southold, New York 11971 Robert A. Villa' Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 13, 1996 Frank Cichanowicz 3rd P.O. Box 222 Peconic, NY 11958 Re: Appl. No. 4382 - ISLAND ALE, INC. Width of Building Dear Mr. Cichanowicz: Please find enclosed a copy of the determination rendered by the Board of Appeals and filed today with the Town Clerk's Office concerning the above variance application. A copy of this determination has also been transmitted to the front desk at the Planning Board and Building Departments pertaining to the pending applications. It may be necessary for you to contact the Planning Board Office (765-1938) in a day or two to be sure the site plan application is reactivated for further or final processing. Also, due to the proximity of this project within 500 feet of a state or county road, bay, sounds, or an estuary thereof, we have transmitted copies of this variance file to the Suffolk County Department of Planning for their determination as required under the County's Administrative Code. It is expected that once is variance review is completed by the County, that the County will leave the variance portion of the project for local (town) determination without further County Planning review. Very truly yours, Linda Kowalski Ik Enclosure Copies of Decision to: Building Inspectors' Office Suffolk County Department of Planning Southold Town Planning Board • ~y~g~FFO(,~~ Cp " APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman ? 53095 Main Road Serge Doyen, Jr.°y • P.O. Box 1179 James Dinizio, Jr.Oj Southold, New York 11971 Robert A. Villa z¢~~ Fax (516) 765-1823 Lydia A. Tortora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. #4382 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: May 29, 1996 APPLICANT: ISLAND ALE, INC. (Present Owner: F. Cichanowicz, 3rd) LOCATION OF PROPERTY: 32240 Main Road, Cutchogue, NY. COUNTY TAX MAP DISTRICT 1000, SECTION 103, BLOCK 1, LOT 19.3 BASIS OF APPEAL: March 25, 1996 Notice of Disapproval issued by the Building Inspector regarding proposed width of building, Article X, Section 100-103C. RELIEF REQUESTED: Variance for approval of building as designed at a total width of 120 and gross floor area of 5760 sf, all as shown on site plan map (updated) May 9, 1996, prepared by Roderick VanTuyl, P.C. The location of an existing building in the front easterly corner of the property is shown on the latest map (May 29+-) to remain in its present position, rather than a new location for use as a single-family dwelling. MOTION MADE BY: Member Dinizio SECONDED BY: Member Doyen ACTION/ RESOLUTION ADOPTED: Granted as applied with outdoor lighting, parking, screening and other site elements to be decided by the Planning Board under the site plan approval process. REASONS/ FINDINGS OF FACT: The location of the proposed building is located in the B General Business Zone (3.282 acres) area, in addition to the remaining 23 acres in an R-80 Residential Zone used for agricultural purposes. The main use of the property is to be changed from agricultural to restaurant/microbrewery with pub. The setback of this principal building is shown to be proposed at 146 feet and approximately 130 feet from the westerly side property line, and the width is proposed at a maximum of 120 feet. The alternative would be to build two separate 60 ft. wide buildings which would not have an interior access. The combined use will necessitate an interior building access for the larger gross floor area to allow for services such as dining separate (but accessible) to a brew pub area. Town records show that this is the second building design, the first design having been sanctioned in the initial site plan process by the Planning Board before a new ruling was placed in the zoning code (August 1995) restricting the width of buildings in this zone. The intent of the new law restricting the width of buildings in this zone was to allow more than one building while at the same time preventing "strip malls." The Page 2 Appeal No. 4382 - ISLAND ALE, INC. Decision Rendered May 29, 1996 use of this property is not proposed as a mall, and is confirmed to be as a principal restaurant-brew pub (combined) use. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted. ZBA:lk APPEALS BOARD MEMBERS ~Gy o Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. ~Oy • 1~:_ P.O. Box 1179 James Dinizio, Jr. ~Oj Southold, New York 11971 Robert A. Villa a Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 13, 1996 Frank Cichanowicz 3rd P.O. Box 222 Peconic, NY 11958 Re: Appl. No. 9382 - ISLAND ALE, INC. Width of Building Dear Mr. Cichanowiez: Please find enclosed a copy of the determination rendered by the Board of Appeals and filed today with the Town Clerk's Office concerning the above variance application. A copy of this determination has also been transmitted to the front desk at the Planning Board and Building Departments pertaining to the pending applications. It may be necessary for you to contact the Planning Board Office (765-1938) in a day or two to be sure the site plan application is reactivated for further or final processing. Also, due to the proximity of this project within 500 feet of a state or county road, bay, sounds, or an estuary thereof, we have transmitted copies of this variance file to the Suffolk County Department of Planning for their determination as required under the County's Administrative Code. It is expected that once is variance review is completed by the County, that the County will leave the variance portion of the project for local (town) determination without further County Planning review. Very truly yours, Linda Kowalski lk Enclosure Copies of Decision to: Building Inspectors' Office Suffolk County Department of Planning Southold Town Planning Board p~~SUFFO(~ c • APPEALS BOARD MEMBERS aQ'tiy` GGy~ o Southold Town Hall Gerard E Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. y P.O. Box 1179 James Dinizio, Jr. '~Oj ~6 Southold, New York 11971 Robert A. Villas Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. #4382 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: May 29, 1996 APPLICANT: ISLAND ALE, INC. (Present Owner: F. Cichanowicz, 3rd) LOCATION OF PROPERTY: 32240 Main Road, Cutchogue, NY. COUN'T'Y TAX MAP DISTRICT 1000, SECTION 103, BLOCK 1, LOT 19.3 BASIS OF APPEAL: March 25, 1996 Notice of Disapproval issued by the Building Inspector regarding proposed width of building, Article X, Section 100-103C. RELIEF REQUESTED: Variance for approval of building as designed at a total width of 120 and gross floor area of 5760 sf, all as shown on site plan map (updated) May 9, 1996, prepared by Roderick VanTuyl, P.C. The location of an existing building in the front easterly corner of the property is shown on the latest map (May 29+-) to remain in its present position, rather than a new location for use as a single-family dwelling. MOTION MADE BY: Member Dinizio SECONDED BY: Member Doyen ACTION/ RESOLUTION ADOPTED: Granted as applied with outdoor lighting, parking, screening and other site elements to be decided by the Planning Board under the site plan approval process. REASONS/ FINDINGS OF FACT: The location of the proposed building is located in the B General Business Zone (3.282 acres) area, in addition to the remaining 23 acres in an R-80 Residential Zone used for agricultural purposes. The main use of the property is to be changed from agricultural to restaurant/microbrewery with pub. The setback of this principal building is shown to be proposed at 146 feet and approximately 130 feet from the westerly side property line, and the width is proposed at a maximum of 120 feet. The alternative would be to build two separate 60 ft. wide buildings which would not have an interior access. The combined use will necessitate an interior building access for the larger gross floor area to allow for services such as dining separate (but accessible) to a brew pub area. Town records show that this is the second building design, the first design having been sanctioned in the initial site plan process by the Planning Board before a new ruling was placed in the zoning code (August 1995) restricting the width of buildings in this zone. The intent of the new law restricting the width of buildings in this zone was to allow more than one building while at the same time preventing "strip malls." The Psi go 2 • • Appeal No. 4382 - ISLAND ALE, INC. Decision Rendered May 29, 1996 use of this property is not proposed as a mall, and is confirmed to be as a principal restaurant-brew pub (combined) use. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted. ZBA:lk Board of Appeals Island Ale, Inc. Town of Southold P.O. Box 1285 Southold Town Hall Ei Chgu_e_,_N.Y. 11935 53095 Main Road J P.O. Box 1179 r i 1 Southold, N.Y. 11971 10'~] May 29, 1996 I Re: Appl. No. 4382 - Island Ale, Inc. and F. Cichanowicz, 111. Members of the board, as you know we have applied for a variance based upon the Building Inspector's March 25, 1996 Notice of Disapproval to construct new principal building at a width of more than 60 feet which is restricted by Zoning Code Article X, Section 100-103C of the Zoning Code. There are a few reasons for this request for a variance. One of the reasons is that we intended to remain consistent with the size and location of the building which we had originally indicated on the site plan approved by the planning board. We felt that making a drastic change in the size, shape, or location of the building could create problems. The regulation governing the width of the building was put into effect after we had been planning the project as well. Also, as referred to me by Bob Kassner, the apparent desired effect of the law was to restrict the building of strip mall type construction. I think it is obvious that is not what we are doing here. Although the building is wider that 60' it is all encompassed into one use being a restaurant. Also, the width of the building does not appear to be that great for two distinct reasons: 1) the building location is set back substantially from the road, 2) the property is very large, especially the road frontage which spans some 450 linear feet along route 25. Additionally, we intend to build gardens for our patrons to walk and enjoy. The location of these gardens will be to the rear of the structure. No one likes to hear cars and trucks rumbling by as they are enjoying the beauty of anything. The shape of the building also lessens some of the work required in the brewing area. The central location creates atmosphere and the width allows for proper working space as well as access from the rear for both production and installation of the equipment. Thank You for Your Consideration of Our Request: Neal J. Ci hanowic' z Vice President, Island Ale, Inc. alnnuu. Tq xo. Sa-b1] f-( I-NI f-Y V-Y fd r-N:/S Y-11 Sd S.C Ld fI I Ld S-p: t r-q l? 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APPROVED BY DATE. 9iEEi M. 3 4 enovna. n.. r~ar, r..wr.:r m r t+.e ra..au.a..:e~ a ~ r a...s as r..a ~ ' >r uv.irn } Z - r4 4e' w~ sv..tla r...e. r r~ a w a so- • a, ~ ~ ~ YwY 4/.,, w.lm NS Fnaw.:r ec ~ I. r.- a.er i ror in 4. nay .mm tli y~ rMF1Y Y i Oc••W LL fJ ® wnY T~in.~:o 4 tArs4 um ~r YA f~..wo,:r fc r N f n m O :P-P Z L LL )/f .,v n.oD ZOac VALLEY SECTION mna< nm: e..w n: ess a urt: x/e/ee pttxm m _ um ecev nm awo me I ronce ecC110N awe nm - awe me^ !I 1 PRELIMINARY PLANS - FOR CUSTOMER'S APPROVAL APPROVED BY.. DATE )cuc s norm sxm .o. 4 or 4 U~PLANNING BOARD MEMBERS SVffU~~ -gyp - RICHARD G. Chairman WARD eQG Town Hall, 53095 Main Road (n = y1 P.O. Box 1179 1~. - 9 GEORGE RITCHIE LATHAM, JR. Southold, New York 11971 H 2 Fax (516) 765-3136 BENNETT ORLOWSKI, JR. fily ,ary,~ILLIAM J. CREMERS 4 Telephone (516) 765-1938 KENNETH L. EDWARDS ~ I~ PLANNING BOARD OFFICE ~J L5lnl~ TOWN OF SOUTHOLD MAY22MB 1J11! V j TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Richard G. Ward, Chairman J`` t SUBJECT: Planning Board comments on Island Ale SCTM# 1000-103-1-19.1 DATE: May 22, 1996 This is in response to your request for this Board's comments on the above project. The Board granted conditional final approval on October 23, 1996, on the plan dated September 27, 1995. The condition was a curb cut permit from NYSDOT. On December 28, 1995, the Board received a landscape plan showing a different footprint for the building and numerous changes on the plan. On January 3, 1996 the Board requested a revised site plan and new elevation drawings. The attached memo to Supervisor Cochran gives some additional details. The Board received the requested revised site plan on March 25, 1996, and found it to be incomplete and requested additional changes /additions. To date we have not received the requested changes. enc. PLy4NNING BOARD MEMBEB• S1dFFO1,- • * RICHARD G. WARD Town Hall, 53095 Main Road Chairman h~ G'l P.O. Box 1179 c Southold, New York 11971 GEORGE RITCHIE LATHAM, JR. CA = Fax (516) 765-3136 BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS G Telephone (516) 766-1938 KENNETH L. EDWARDS y~Ol ~a0~' PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Jean Cochran, Supervisor FROM: Robert G. Kassner, Site Plan Reviewer SUBJECT: Brew Pub Review DATE: February 24, 1996 The following is some background on the Brew Pub and some of the steps yet to be accomplished. BACKGROUND: Conditional approval was granted on October 23, 1995, Certification and a DOT permit yet to be obtained. Applicant did receive a letter from the DOT requesting additional items to be addressed on December 27, 1995. On December 28, 1995, a landscape plan was received showing a different foot print for the building and numerous changes on the plan. A letter was sent to Mr. Cichanowitz on January 3, 1996, copy attached, requesting, a revised site plan showing all changes as indicated on the landscape plan, previously submitted, in addition to elevation drawings, disposition of the house etc. He was also advised to review the changed plan with the Suffolk County Department of Health Services because of the relocation of the building and relocation and possible reconfiguration of the septic system. On January 29, 1996, I called the applicant and advised him that because the former conditionally approved plan was no longer to be built that the new proposed Morton building did not have conditional approval and did not meet the change in the Town Code on building width. The applicant was advised to check with the Building department for a possible disapproval and a possible building width variance. On February 13, 1996, the Planning Board received a copy of preliminary plans for a Morton building. On February 14, 1996, at 7 AM a Planning Board work session the drawings were reviewed, and it was decided to check with the Building Department. A discussion with Tom Fisher indicated there may possibly be some problems with the building code as to the second floor office in a wood frame building. In addition, the need for possible variances for building width and two uses, restaurant and brewery were discussed. The above information was communicated to Mr. Cichanowicz later in the day on February 14, 1996. On February 21, 1996, a second 7 AM work session was held, to review the project. It was decided to invite Mr. Cichanowicz to attend the next work session on February 26, 1996, to review all of the above in order to expedite the application. A call was made on February 21, 1996, to Mr, Neil Cichanowitz who accepted the invitation. TO BE ACCOMPLISHED: A revised site plan showing all changes. Board of Health review of building and relocation and configuration of septic system. Drainage review of new plan including additional ponds and relocation of dry wells and parking. D.O.T. curb cut permit. Review of new building by Tom Fisher to see if it meets state code. Mr. Fisher has met with the Morton supplier Mr. Kelly and requested additional information on the building. Review for certification by the building inspector as to zoning, number of uses, building code ect. Review by the Architectural Review Committee. When all of the above is accomplished: Decide if the project if significantly different to advertise and hold a public hearing. Hold the hearing, close the hearing and grant conditional or final approval. oS~UffOjj( APPEALS BOARD MEMBERS o Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villau Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM TO: { X } Planning Board { } Building Department { } Town Trustees FROM: Board of Appeals DATE: May 20, 1996 SUBJECT: Request for Preliminary Comments - Site Plan W/ Variance Applicant: Island Ale, Inc. (As Tenant) Property ID #103-1-19.3 (one existing building) We have an application pending for a variance in the above project which we understand is pending before the Planning Board for site plan approval. The variance is based upon a Notice of Disapproval issued March 25, 1996 (copy attached). Since the application before the ZBA involves simultaneous site plan reviews, your Department may wish to refer alternatives, suggestions or comments on the overall layout (site plan prepared by Roderick VanTuyl, P. C. dated May 2, 1996, and planting plan revised 2-23-96 by Briarcliff Landscape, Inc.). The public hearing is calendared for Wednesday, May 29, 1996, at which time all comments must be received. Thank you for your past and present communications in this project. Enclosure (1) RIDER TO LEASE MADE BY FRANK CICHANOWICZ III, as Landlord and ISLAND ALE INCORPORATED, as Tenant COMMENCEMENT OF TERM a) Notwithstanding any other provision contained in this lease, the term shall not commence until the leased property is ready for occupancy by the Tenant. b) The leased property shall be conclusively considered as ready for occupancy upon the occurrence of all of the following: 1. A temporary or final certificate of occupancy has been issued by the appropriate authorities. 2. All installations, decorations, and other work required to be done by the Landlord under this lease have been substantially completed. Minor mechanical adjustments shall be made by the Landlord as promptly as possible. 3. The entrance and lobby of the building have been substantially completed and the means of ingress and egress in no manner interfered with by any scaffolding, building material, or other articles. 4. The Landlord has given notice to the Tenant that items (1) through (3) have been complied with and a period of ten days shall have elapsed from the date of such notice. ESCALATION CLAUSES The fixed rent reserved in this lease and payable monthly for the tenant's convenience shall be adjusted, as of the times and in the manner set forth in this Article: a) Definitions: For the purposes of this Article, the following definitions shall apply: (i) The term "Base Year" shall mean the full calendar year during which the term of this lease commences. (ii) The term "Price Index" shall mean the "Consumer Price Index" published by the Bureau of Labor Statistics of the U.S. Department of Labor, All Items, New York, N.Y. - Northeastern, N.J., for urban wage earners and clerical workers, or a successor or substitute index appropriately adjusted. (iii) The term "Price Index for the Base Year" shall mean the average of the monthly All Items Price Indexes for each of the 12 months of the Base Year. RIDER TO LEASE MADE BY FRANK CICHANOWICZ III, as Landlord and ISLAND ALE INCORPORATED, as Tenant b) Effective as of each January and July subsequent to the Base Year, but in no event sooner than six months after the commencement date of this lease, there shall be made a cost of living adjustment of the annual rent rate payable hereunder. The July adjustment shall be based on the percentage difference between the Price Index for the proceeding month of June and the Price Index for the Base Year. The January adjustment shall be based on such percentage difference between the Price Index for the preceding month of December and the Price Index for the Base Year. (i) In the event the Price Index for June in any calendar year during the term of this lease reflects an increase over the Price Index for the Base Year, then the fixed annual rent originally herein provided to be paid as of the July 1st following such month of June (unchanged by any adjustments under this Article) shall be multiplied by the percentage difference between the Price Index for June and the Price Index for the Base Year, and the resulting sum shall be added to such fixed annual rent, effective as of such July 1st. Said adjusted annual rent shall thereafter by payable hereunder, in equal monthly installments, until it is readjusted pursuant to the terms of this lease. (ii) In the event the Price Index for December in any calendar year during the term of this lease reflects an increase over the Price Index for the Base Year, then the fixed annual rent originally herein provided to be paid as of the January 1st following such month of December (unchanged by any adjustments under this Article) shall be multiplied by the percentage difference between the Price Index for December and the Price Index for the Base Year, and the resulting sum shall be added to such fixed annual rent effective as of such January 1st. Said adjusted annual rent shall thereafter be payable hereunder, in equal monthly installments, until it is readjusted pursuant to the terms of this lease. The following illustrates the intentions of the parties hereto as to the computation of the aforementioned cost of living adjustment in the annual rent payable hereunder: Assuming that said fixed annual rent is $10,000 that the Price Index for the Base Year was 102.0 and that the Price Index for the month of June in a calendar year following the Base Year was 105.0, then the percentage increase thus reflected, i.e., 2.941% (3.0/102.0) would be multiplied by $10,000, and said fixed annual rent would be increased by $294.10 effective as of July 1st of said calendar year. In the event that the Price Index ceases to use 1967=100 as the basis of calculation, or if a substantial change is made in the terms or number of items RIDER TO LEASE MADE BY FRANK CICHANOWICZ III, as Landlord and ISLAND ALE INCORPORATED, as Tenant contained in the Price Index, then the Price Index shall be adjusted to the figure that would have been arrived at had the manner of computing the Price Index in effect at the date of this lease not been altered. In the event such Price Index (or a successor or substitute index) is not available, a reliable governmental or other non-partisan publication evaluating the information theretofore used in determining the Price Index shall be used. No adjustments or recomputations, retroactive or otherwise, shall be made due to any revision which may later be made in the first published figure of the Price Index for any month. c) The statements of the cost of living adjustment to be furnished by Lessor as provided in subdivision (b) above shall consist of data prepared for the Lessor by a firm of Certified Public Accountants (who may be the firm now or then currently employed by Lessor for the audit of its accounts). The statements thus furnished to Lessee shall constitute a final determination as between Lessor and Lessee of the cost of living adjustment for the periods represented thereby. d) In no event shall the fixed annual rent originally provided to be paid under this lease (exclusive of the adjustments under this Article) be reduced by virtue of this Article. e) Any delay or failure of Lessor, beyond July or January of any year, in computing or billing for the rent adjustments hereinabove provided, shall not constitute a waiver of or in any way impair the continuing obligation of Lessee to pay such rent adjustments hereunder. f) Notwithstanding any expiration or termination of this lease prior to the lese v expiration date (except in the case of a cancellation by mutual agreement) Lessee's obligation to pay rent as adjusted under this Article shall continue and shall cover all periods up to the lease expiration date, and shall survive any expiration or termination of this lease. Notwithstanding anything else set forth herein, this lease is intended to be a "Net Net" lease, as that term is usually used in commercial leases on Long Island. That is all costs in connection with the use, maintenance and repairs of the premises and structures thereon, shall be borne and paid for by the tenant without exception. Also including, but not limited thereto, all insurance's, real estate taxes and assessments. These shall be items known as additional rent and shall be due and payable when due by the tenant. Despite any contrary provisions contained in the lease to which this rider is attached and made a part thereof, it is mutually agreed as follows: RIDER TO LEASE MADE BY FRANK CICHANOWICZ III, as Landlord and ISLAND ALE INCORPORATED, as Tenant 1. Tenant must pay for all utilities and services rendered to the premises when billed. 2. Tenant agrees to pay landlord as additional rent the real estate taxed when due, i.e. the 1st have before January 10th and the 2nd half before May 30th. If the tax year or payment dates change, this paragraph will be deemed modified to comply with the tax revisions. Failure to pay taxes when due shall be deemed a material breach of this lease. 3. Tenant shall pay any increase in the landlord's insurance premiums which increase is caused by the tenant's acts. 4. It is the intention of the parties hereto that the landlord shall receive the rent free and clear of any and all other additional payments, charges and assessments; all of said payments, charges and assessments to be paid by the tenant during the term of the within lease. 5. Notwithstanding anything contained herein to the contrary the premises are demised for the entire term, with the entire amount of the rent herein due and payable upon the execution of the within lease, and that the payment of rent in installments as above provided is for the convenience of the tenant only and, upon the default of the tenant in making any of the aforementioned payments of rent, the whole of said rent reserve for the entire unexpired period shall, at the option of the landlord, become due and payable immediately, except the landlord shall provide the tenant with a ten (10) day period to cure default. 6. In the event that tenant fails to pay any sums of money required to be paid by the tenant to the landlord as additions to rent as aforesaid, the landlord shall be entitled to dispossess the tenant by summary proceedings in the same manner and effect as if the tenant had failed to pay the base rent due. 7. A. No payment by Tenant nor receipt by Landlord of a lesser amount than may be required to be paid hereunder shall be deemed to be other than on account of any such payment, nor shall any endorsement or statement on any check or any letter accompanying any check tendered as payment be deemed an accord and satisfaction and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such payment due or pursue any other remedy in this lease provided. B. In every case in which Tenant is required by the terms of this lease to pay to Landlord a sum of money and payment is not made within five (5) days after the same shall become due, interest shall be payable on such sum or so much thereof as shall be unpaid from the date it becomes due until it is paid. Such interest shall be at a rate of • • RIDER TO LEASE MADE BY FRANK CICHANOWICZ III, as Landlord and ISLAND ALE INCORPORATED, as Tenant five (5) percent of the amount due but in no event more than the highest rate of interest which at such time shall be permitted under the laws of the State of New York. C. Tenant hereby agrees to pay, as additional rent, all attorneys fees and disbursements (and all other court costs or expenses of legal proceedings) which Landlord may incur or pay out by reason of, or in connection with: a. any action or proceeding by Landlord to terminate this lease; b. any other action or proceeding by Landlord against Tenant (including, but not limited to, any arbitration proceeding); c. any default by Tenant in observance or performance of any obligation under this lease (including, but not limited to, matters involving: payment of rent and additional rent); Tenant's obligations under this Paragraph shall survive the expiration of the term hereof or any other termination of this lease. This Paragraph is intended to supplement (and not to limit) other provisions of this lease pertaining to indemnities and/or attorneys' fees. 8. Tenant agrees to take out and keep in force during the term of this lease and any renewals thereof, at tenant's expense, public liability and other insurance, which shall also cover insurance against environmental hazards, in companies licensed to do business in the State of New York to protect against any liability to the public, whether to persons or property, incident to the use of or resulting from an accident occurring in or about the leased premises, the sidewalks adjacent thereto and such other areas which the tenant, its officers, servants, agents, employees, contractors, and invitees shall have the right to use under the terms hereof during the term or any renewals of this lease or occupancy hereunder, in the amount of $1,000,000.00 to indemnify against the claim of one person and $2,000,000.00 against the claims of two or more persons in any one occurrence, and property damage insurance in an amount of not less than $50,000.00 per occurrence. Said policy shall also insure the contingent liability of the landlord. 9. Tenant shall make no repairs or alterations to the leased premises in excess of the cost of $500.00 without obtaining the prior written consent of the landlord. 10. All other provisions of this lease notwithstanding, in the event that any governmental entity shall require additional approvals for the use by the Tenant of the subject premises or for the construction or any improvements made in accordance with the terms of this lease, the obtaining of said permits shall be the sole responsibility of the Tenant, including the cost thereof, and the Landlord agrees to cooperate with any RIDER TO LEASE MADE BY FRANK CICHANOWICZ III, as Landlord and ISLAND ALE INCORPORATED, as Tenant such permit application provided such application is for a use or structure permitted by the other terms of this lease. 11. Without limiting the generality of any other provisions of this lease and other provisions notwithstanding, there shall be no assignment of this lease in whole or in part or subletting of the premises without the express written consent of the Landlord, which may be withheld for any or no reason. In addition, this lease shall terminate in the event that more than 50% of any class of stock has a change of ownership in the Tenant. Landlord reserves the right to consent to any such transfer without this lease terminating but such consent can be withheld by the Landlord for any or no reason. 12. Tenant shall be responsible for providing his own heat and will reimburse the landlord for all fuel oil provided at the beginning of this lease. 13. As to the condition of the building landlord makes no claims or warranties. 14. Any and all repairs to the premises shall be the tenant's responsibility and any and all costs paid by tenant. Tenant takes premises as is. 15. Tenant hereby agrees to indemnify and hold the landlord harmless of and from all loss or damage or claims of any kind or nature which landlord may sustain by reason of any matter or thing whatsoever arising from any cause or from any accident or any other occurrence in, at or on the demises premises or any portion thereof. 16. The tenant agrees to maintain and operate the premises and all business conducted thereat in accordance with and in compliance with all laws, rules, regulations and ordinances of each and every governmental department, unit or bureau having jurisdiction over the premises or any business operated thereat. 17. The landlord makes no representation as to the suitability, feasibility or legality of the use of the demises premise for any particular purpose, and the tenant agrees and undertakes to do, at his own cost and expense, any and all things necessary to enable the tenant to legally operate at the subject premises. 18. If after default in the payment of any rent, installment or violation of any of the provisions of this lease, or upon the expiration of this lease, the tenant moves out or is dispossessed, and fails to remove any trade fixtures, or trade property belonging to it prior to the tenant's vacating the premises, then and in that event, such fixtures and property shall be deemed abandoned and shall become the property of the landlord. RIDER TO LEASE MADE BY FRANK CICHANOWICZ III, as Landlord and ISLAND ALE INCORPORATED, as Tenant 19. The landlord shall not be responsible for any damages sustained at any time to the premises, or to the tenant's personal property as a result of roof leaks due to the fault of the tenant. 20. Tenant agrees that the liability of Landlord under this lease and all matters pertaining to or arising out of the tenancy and the use and occupancy of the demised premises, shall be limited to Landlord's interest in the building and in no event shall Tenant make any claim against or seek to impose any personal liability upon any general or limited partner of Landlord, or any principal of any firm or corporation that may hereafter be or become the Landlord. 21. Tenant shall give prompt notice to Landlord of any notice it receives of the violation of any law or requirement of any public authority with respect to the demised premises or the use or occupation thereof. Tenant shall promptly comply with all present and future laws, orders and regulations of all state, federal, municipal and local governments, departments, commissions and boards or any direction of any public officer pursuant to law, and all orders, rules and regulations of the New York Board of Fire Underwriters or any similar body which shall impose any violation, order or duty upon Landlord or Tenant with respect to the demised premises. 22. This lease contains the entire agreement between the parties and all prior negotiations and agreements are merged into this lease. This lease may not be changed, modified, terminated or discharged, in whole or in part, nor any of its provisions waived except by a written instrument which (i) expressly refers to this lease, (ii) is executed by the party against whom enforcement of the change, modification, termination, discharge or waiver is sought and (iii) is permissible under all mortgages affecting the real property of which the demised premises are a part and any underlying leases. 23. Tenant expressly acknowledges that neither Landlord nor Landlord's agents had made or is making, and Tenant, in executing and delivering this lease, is not relying upon, any warranties, representations, promises or statements, except to the extent that the same are expressly set forth in this lease, and no rights, easements or licenses are or shall be acquired by Tenant by implication or otherwise unless expressly set forth in this lease. 24. Any apportionment's or proportions of rent to be made under this lease shall be computed on the basis of a 360 day year, with 12 months of 30 days each. 25. The laws of the State of New York applicable to contracts made and to be performed wholly within the State of New York shall govern and control the validity, RIDER TO LEASE MADE BY FRANK CICHANOWICZ III, as Landlord and ISLAND ALE INCORPORATED, as Tenant interpretation, performance and enforcement of this lease. Tenant, by its signature appearing below, hereby consents and agrees that the only proper and permissible venue shall be the State of New York. 26. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be thrown or deposited therein. All damages resulting from any misuse of the fixtures shall be repaired at the expense of the tenant who, or whose servants, employees, agents, visitors or licensees shall have caused the same. 27. Tenant, its servants, employees, agents, visitors or licensees, shall not at any time bring or keep upon the demised premises any explosive fluid, chemical or substance, nor any inflammable or combustible objects or materials. 28. That prior to occupancy Tenant agrees that it will inspect the premises and that upon occupancy tenant agrees to accept possession thereof in its then "as-is" physical condition on the Commencement Date, it being understood and agreed that Landlord shall not be obligated to make any improvements, alterations or repairs to the demised premises. 29. After the issuance of a Certificate of Occupancy, Tenant agrees that it must obtain and pay for any and all fees for Town permits of any kind regarding the leased premises and its intended use. Tenant must comply at all times with all local, State or Federal laws, ordinances and requirements, EPA and DEC, and with all permits obtained for such use at Tenants costs and responsibilities. In no event shall the obtaining said permits or compliance with law, rules and/or regulations be considered a prerequisite to the Tenant's obligation to pay rent which commences at the inception of the lease term. Frank Cichanowicz, III, as Landlord Island Ale Incorporated, as Tenant CRK A 18S-BlumbeR's 1mDroved GB[q Form _ _D lJ a PRiJ~CEL. . A A PUBLIS I T LAW BRBLANKOADWAY. . NEW LW XYORK MAY 2 996 Tbig Z(greement BETWEEN p I + FRANK CICHANOWICZ III, rest -Drive, Cutchogue, New York 11935 as Landlord and r ISLAND ALE INCORPORATED, having its principal place of business at (no#)Main Road, Cutchogue, New York 11935 as Tenant MCO..Mb: The Landlord hereby leases to the Tenant the following premises: t I + i for the term of twenty-fives years see within to commenced XMxamhxxxxxxxxxxxxWagcoix xb9xxx=X1VgNa4wxxlrec I xba~Cw~f Wx to be used and occupied only for retail gift shop, microbrewery and restaurant i I !i I upon the conditions and covenants following: i 1st. 71h1f}Xfl6xSYd6k2xsE3iMp5jtxbc7~omaaMllmxat That the Tenant shall pay rent in the amount of SIX HUNDRED THOUSAND ($600,000.00) DOLLARS. The Landlord grants the Tenant the privilege of paying said rent in equal monthly installments of TWO THOUSAND ($2,000.00) DOLLARS payable in advance on the 1st day of each and every month during the term of the lease so long as the Tenant shall not be in default of any of the terms of this lease. In such event, the a~~diccamxtt~Lacu~rlcbex~akmwnbt>R~mena~xR~rR~tcxtxDhx ~dayacobrxob~o~a~e>9scaw~cdl~inazHst xnoxxto>xaatdcxstbvilmrex then remaining annual rent shall immediately become due and payable as set forth herein. 2nd. That the Tenant shall take good care of the premises and shall, at the Tenant's own cost and expense make all repairs and at the end or other expiration of the term, shall deliver up the demised 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 forfeiture, 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. In case of damage, by fire or other cause, to the building in which the leased premises are located, without the fault of the Tenant or of Tenant's agents or employees, if the damage is so extensive as to amount practically to the total destruction of the leased premises or of the building, or if the Landlord shall within a reasonable time decide not to rebuild, this lease shall cease and come to an end, and the rent shall be apportioned to the time of the damage. In all other cases where the leased premises are damaged by fire without the fault of the Tenant or of Tenant's agents or employees the Land- lord shall repair the damage with reasonable dispatch after notice of damage, and if the damage has rendered the premises untenantable, in whole or in part, there shall be an apportionment of the rent until the damage has been repaired. In deter- mining what constitutes reasonable dispatch consideration shall be given to delays caused by strikes, adjustment of insurance and other causes beyond the Landlord's control. 6th. The said Tenant agrees that the said Landlord and the Landlord's agents and other representatives shall have the right to enter into and upon said premises, or any part thereof, at all reasonable hours for the purpose of examining the same, or making such repairs or alterations therein as may be necessary for the safety and preservation thereof. 7th, The Tenant also agrees to permit the Landlord or the Landlord's agents to show the premises to persons wishing to hire or purchase the same; and the Tenant further agrees that on and after the sixth month, next preceding the expiration of the term hereby granted, the Landlord or the Landlord's agents shall have the right to place notices on the front of said premises, or any part thereof, offering the premises "To Let" or "For Sale", and the Tenant hereby agrees to permit the same to remain thereon without hindrance or molestation. $t]t, That if the said premises, or any part thereof shall be deserted or become vacant during said term, or if any default he ~ 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-enter 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 waives the service of any notice in writing of intention to re-enter, 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 same 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 and 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 damage or 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 if default be made in any of the covenants herein contained, then it shall be lawful for the said Landlord to re- enter the said premises, and the same to have again, re-possess and enjoy. The said Tenant hereby expressly waives the service of say notice in writing of intention to re-enter. 14th. That this instrument shall 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 any such instrument without cost, 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 $ 4 r 000 . 00 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 scum 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 be 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 if default be made in the performance of any of the covenants and agreements in this lease contained on the part of 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 in 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 if 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 latter 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 undertenants 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 fire 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. 20th. The failure of the Landlord to insist upon a strict performance of any of the terms, conditions and covenants herein, shall 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. 21st. If the whole or any part of the demised premises shall be acquired or condemned by Eminent Domain for any public or quasi public use or purpose, then and in that event, the term of this lease shall cease and terminate from the date of title vesting in such proceeding and Tenant shall have no claim against Landlord for the value of any unexpired term of said lease. No part of any award shall belong to the Tenant. i ~ 22nd. If after default in paymoof rent or violation of any other provisio this lease, or upon the expiration of this lease, the Tenant moves out or is dispossessed and fails to remove any trade xtures or other property prior to such said default, removal, expiration of lease, or prior to the issuance of the final order or execution of the warrant, then and in that event, the said fixtures and property shall be deemed abandoned by the said Tenant and shall become the property of the Landlord. 23rd. In the event that the relation of the Landlord and Tenant may cease or terminate by reason of the re-entry of the Landlord under the terms and covenants contained in this lease or by the ejectment of the Tenant by summary proceedings or otherwise, or after the abandonment of the premises by the Tenant, it is hereby agreed that the Tenant shall remain liable and shall pay in monthly payments the rent which accrues subsequent to the re-entry by the Landlord, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained, the difference between the rent reserved and the rent collected and received, if any, by the Landlord during the remainder of the unexpired term, such difference or deficiency between the rent herein reserved and the rent collected if any, shall become due and payable in monthly payments during the 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 of in any way connected with this lease, the Tenant's use or occupancy of said premises, and/or any claim of injury or damage. 24th. The Tenant waives all rights to redeem under any law of the State of New York. 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 he 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 if 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 agreed 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, alterations 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 rent. Neither shall there be any abatement or diminution of rent because of making of repairs, improvements or decorations to the demised premises after the date above fixed for the commencement of the term, it being understood that rent shall, in any event, commence to run at such date so above fixed. 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. 28th. In the event landlord allows or permits the assignment of this Lease by any tenant, said new tenant agrees to pay to landlord as additional security an amount equal to at least double the then existing security at the time of the assignment. An assignment of this lease for the purposes of this paragraph shall also include a sale or transfer of more than 49% of the shares of stock of tenant or there is in any way a change in the controlling ownership of the corporate tenant. 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. Rub it if', inutuallp imbtrgt00b atib ngrttb 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. bi Vitneog; M)ertOf, 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 day of 19 Signed, sealed and delivered in the presence of ....................._................L. S. Frank Cichaliowicz III . .........................L. S. .................._..........-......L. S.. Island Ale Incorporated 6tate of _06) Pork, 4Countp of On the day of 19 before me personally came to me known and known to me to be the individual described in, and who executed, the foregoing instrument, and acknowledged to me that he executed the same. btate of Aem Rork, gg.: Couutp of On the day of 19 before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of the corporation mentioned in, and which executed, the foregoing instrument; that he knows the seal of said corpora- tion; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of of said corporation; and that he signed h name thereto by like order. A H F ! H 0 N O ~ 3 0 3 O H H F a U z j a w U) a H y m Q 3In ConMberatio Tl of the letting of the premises within mentioned to the within named Tenant and the sum of $1.00 paid to the undersigned by the within named Landlord, the undersigned do hereby covenant and agree, to and with the Landlord and the Landlord's legal representatives, that if default shall at any time be made by the said Tenant in the payment of the rent and the performance of the covenants contained in the within lease, on the Tenant's part to be paid and performed, that the undersigned will well and truly pay the said rent, or any arrears thereof, that may re- main due unto the said Landlord, and also pay all damages that may arise in consequence of the non-performance of said covenants, or either of them, without requiring notice of any such default from the said Landlord. The undersigned hereby waives all right to trial by jury in any action or proceeding hereinafter instituted by the Landlord, to which the undersigned may be a party. - 3n Witnea Mfjertof, the undersigned he set band and seal this day of ,19 WITNESS S. Y' Tel. 734-6782-Residence Office-734.6693 :J D I (a E ~WE 4HESTER ORLOWSK• 061 CONTRACTOR & BUILDER MAY 2 91M CUTCHOGUE, NEW YORK 11935 d m.;t 3f5G CL- o~~gUFFO(,~co APPE S BOARD MEMBERS ti~ Gy o Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD TO: ZBA File FROM: ZBA Office k) Q~ DATE: May 23, 1996 / SUBJECT: Island Ale Variance Request - Relocation of Building Chet Orlowski, Sr. stopped by the office today and dropped off a copy of a map which he received with the certified mail, neighbor notifications from the applicant. The map shows a relocation of a building, proposed for occupancy as ? , at 45 feet from his property (lot #1). He indicated that he has approval for a well and septic system by the County Health Department and if the applicant locates a well and septic system where it's shown on the attached map, there is a big problem due to setbacks. Mr. Orlowski would like to know if the house could be located perhaps north, or another location. Mr. Orlowski will follow-up with a letter by the May 29, 1996 hearing. P. S. The map on file with ZBA does not show the proposed relocation of an existing building, or its use as proposed (only the map Mr. Orlowski received by mail). Enclosure: Photocopy of map. cc: Board Members Frank Cichanowicz 0 0 APPEALS BOARD MEMBERS gUFF0jjt ti Oy Southold Town Hall Gerard P. Goehringer, Chairman o° 53095 Main Road Serge Doyen, Jr. CA x P.O. Box 1179 James Dinizio, Jr. ~O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ZBA Office-Staff info: 5/96 - Disapproval furnished by Building Dept. 3/25/96 - ZBA obtained copy of site plan approved 10/95 by PB. Please note 10/95 plan is different than B. Dept. plan and different than variance plan. maf Applicant Al need to: Apply to ZBA (probably $600 total) for: (a) variances - width of building is over 60' and for gazebo in front yard if proposed after 3/96. (b) Special Exception for brew pub if a drinking establishment is the primary use. (c) Can use same neighbor notice form for both variance and special exception applications. roe Zfj Submit architect's seal on building plans when applying sr to ZBA for variance on building dimensions. ? Stake outside corners of proposed building for viewing by board members 4/96 if possible. When ZBA application received, coordinate for comments from P.B. on new plan (different layout from 9/95 approved site plan). z'p PLANNING BOARD MEMBEBSO %5 F Q ,yJ~O G' Town Hall, 53095 Main Road RICHARDrman WARD V~,~~O Gy V P.O. Box 1179 o= 1 GEORGE RITCHIE LATHAM, JR. Southold, New York 11971 w 2 Fax (516) 765-3136 BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS Zk O Telephone (516) 765-1938 KENNETH L. EDWARDS 9,yo1 Z%- PLANNING BOARD OFFICE TOWN OF SOUTHOLD Alr • April 1, 1996 Frank Cichanowitz Briarcliff Landscape Inc. Route 25, Peconic SCTM# 1000-103-p/o 19.3 Dear Mr. Cichanowitz, The Planning Board has received your revised Site Plan, dated March 14, 1996. The following changes /additions must be made before the board can proceed with any possible approval: 1. Parking calculations. 2. Area of (B) zone and area of (A-C) zone. 3. Disposition of existing house. 4. Outdoor lighting. Show location of fixtures, type fixtures, wattage and shielding to the premises. 5. Proposed and existing topographical contours. 6. Landscape plan showing five foot front yard landscaping as well as street trees and parking lot landscaping. 7. Floor plans and elevation drawings showing materials and color. 8. Elevations of top and bottom of ponds. 9. Type of pavement of interior drives and parking areas, location of sidewalks and paths. 10. Dumpster/transformer location. 11. Paved walk from handicapped spaces to building. 12. Location of sign (15') from front property line, and type lighting. 13. Location of underground utilities. 15. Landscaped buffer between zones. 16. clarification of drainage calculations. 17. Explanation for continuation of interior drive to existing house and proposed use of house. This should not be considered a complete list. The revised plan must contain all of the details of the conditionally approved plan as contained in Article XXV of the Town Code. In addition to the above, a copy of the revised plan should be sent to the Suffolk County Department of Health Services (SCDHS) for their review. An updated stamp or a letter from them is required. A curb cut permit must be obtained from the New York State Department of Transportation. Also we noticed that the March 14, 1996, plan shows the curb cuts located in a different place from those recommended by the NYSDOT in 1995. An explanation should be provided for the four foot excavation for the sunken garden. The revised plan will be reviewed for drainage, certification and reviewed by the Architectural Review Committee (ARC). If you have any questions, or require additional information, please contact this office. T el 1 ard G Ward Chairman cc: Thomas Fisher, Senior Building Inspector Gerard P. Goehringer, Chairman Board of Appeals William Kelly, Morton Buildings a r P NNING BOARD MEMBERf gUFFO(,~ C Town Hall, 53095 Main Road RICHARD G. WARD Q~ OG \ Chairman = y~ P.O. Box 1179 Southold, New York 11971 GEORGE RITCHIE LATHAM, JR. p y BENNETT ORLOWSKI, JR. ,y Fax (516) 765-3136 WILLIAM J. CREMERS O Telephone (516) 765-1938 KENNETH L. EDWARDS col * ~ao~ 41 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LUv W 2 9 Mli March 27, 1996 - Frank Cichanowitz Briarcliff Landscape Inc. Route 25, Peconic SCTM# 1000-103-p/o 19.3 Dear Mr. Cichanowitz, The Planning Board has received your revised Site Plan, dated March 14, 1996. The following changes /additions must be made before the board can proceed with any possible approval: 1. Parking calculations. 2. Area of (B) zone and area of (A-C) zone. 3. Disposition of existing house. 4. Outdoor lighting. Show type fixtures and wattage. 5. Proposed and existing contours. 6. Paving detail. 7. Landscape plan showing five foot front yard landscaping as well as street trees and parking lot landscaping. 8. Floor plans and elevation drawings showing materials and color. 9. Elevations of top and bottom of ponds. 10. Type of pavement of interior drives and parking areas. 11. Dumps ter/ transformer location. et'X 12. Paved walk from handicapped spaces to building. 13. Location of sign (15') from front property line, and type lighting. 14. Location of underground utilities. 15. Landscaped buffer between zones. This should not be considered a complete list. The revised plan must contain all of the details of the conditionally approved plan as contained in Article XXV of the Town Code. In addition to the above, a copy of the revised plan should be sent to the Suffolk County Department of Health Services (SCDHS) for their review. An updated stamp or a letter from them is required. A curb cut permit must be obtained from the New York State Department of Transportation. The revised plan will be reviewed for drainage, certification and reviewed by the Architectural Review Committee (ARC). If you have any questions, or require additional information, please contact this office. i cer y, Rich rd Ward Chairman cc: Thomas Fisher, Senior Building Inspector I/Gerard P. Goehringer, Chairman Board of Appeals William Kelly, Morton Buildings y \ BQ, OF APPEALS referred* Lot 64 and par TOWN OFSOUTHOIrD, •A of65bbthe"Amended MapA, (;OUNT•FSUFFOLK 6ri;°~i+±aftillC+t)3 of Nassau Pdini"(19223 The lyOTt ..OFFIFA tN subject premises contains a STATE OF NEW YORK ss: total lot area of;1 375+ acres , Z NOTICE i§ HER 5 in an 4b t1nd Dtstltic# Joey Mac Lellan, being duly sworn, says that GIVEN, pursuaht tb Section ~;d }f dttf"April 443$, 5- 261:of the~'oi q.w~Wtke°' g :YV}N & ASCFNS}OIV"s; he is the Editor, of the TRAVELER-WATCHMAN, .Codeof &`;r^HtSfSLUgld, ppplldatidn faravarl- - a public newspaper printed at Southold, in Suf- thefollowingapplicationswill ance based upon the May 6, folk County; and that the notice of which the be held for public he'ari & e- 1096 Notice of.Disapproval• d is a fore the SOUTHOLD TOWN" from the Building Inspector, annexe printed copy, has been published BOARD OF APPEALS; at the ref. ZoningCode, Article IIIA, insaidTraveler-Watchman once each week for Southold Town Hall, 53095 Section 100-30A.3, to con- M York 11971, ain Road s9 u WED oNESm- t Lf DAY, MAY 2n WED o SO back at less than the required 8eS successively, commencing on the `weeks mencing at the times specified Park Avenue, Southold; below: County Parcel No. 1000-56-1-' day of ........................,19.19`. CINDY 7:30 p.m. Appl. #4386 - 2.4, also referred to as Lot # 14, AND MITCHELL Long Pond Estates Subdivi- RUGGLES: Apphcanon.for io isThts is a;lotoonsrsttng of,•. a variance based upon the May' 40 tl l7 of id tin R 40 Zone, 6, 1996 Notice of Disapproval 2 50 p m: App1! #438i- from the Building,lnspector, HELEN DITTUS. Applica- Sworn to before me this....... day of ref. Zoning Code, Article ILIA, - Section 100-30A.4, to locate an Lion fora variance based-upon 1 the May 7,1996 Notice of Dis- above-ground wrth entry deckih q yard at than pool approval from theBuilding In- enclosure in an area othe than specto , ref Zoning Code Ar- g and ••ticle III, Section 100-33B(1), 115b ....................k6i ....................Y........................................ the re aired rear ' NakomisRoad;Southold,NY' for approval of accessory shed Notar Public County Tax Map Parcel No, in the southwest comer of the 1000-78-3-15.The subject par- rear yard"asexists"atlessthan BARBARA A. SCHNEIDER cel contains a total lot area of the required three ft, setback. NOTOY PUELIC, State of New York 13,200+- sE Location obroperty: 305 Mas- No• nCO@grg . A. #4379 tetsRoad,Laurel,NY;County QualiftdinSuffolkCou ty 7:35 p'm PPI Parcel No. 1000126-9-22;also Commission Expires 8~g LISA AND NIKOLA referred to as Lot #6 and part a GAL varfiiance ance based up sed up't it for of 7, Map of Property of Dan Building ril'4,e°" Stack (County Map #815). g lnspecfor's AApdi'~,I Size of Property:.25+- of an _ 1996 Notice of,Disapproval,;j, acre. The Boarof Appeals will ref. Zoning Code, Article's 7;55 p.m: Appl; No. 4381- I at said time and place hear any XXIV, Section 700-244B,as. amendedll-28-95 to construct' LARRY AND LINDA approval to construct newprin andallpersonsorrepresenta- new dwelling, maintaining the RAPPAPORT Application i' bN "np~ at a width of ntarbD eSSairing to be heard in the existing dwelling's front .yhrd.`, for a variance b>l3tt! 9pFh"Wt`„; g60 feet't `vhCClr is` re- ; ppliktions,r Written;. setback location: Location of I Building Inspector's April 30, a sih,cfedby-, In d'~ Code Article'! comments may also be submit Pro1065 Ba Avenue, 1996"N biiee of Disapproval X;,Section 100-103G'of,the' 'ted prior to the conclusion of Perty: y ref. Zonin Code, Article ILIA, the subject hearing. The above East Marion, NY; County Tax g Zoning Code. Proposed, Res- Ma Parcel No. 1000-31-9-1:: Section' 100-30A.3, for ap- taurant (Principal Use) in this hearings will not start before P This parcel roval of Porch addition "as B-Genetal Business Zone Dis- the times designated, and are consists of P t 17,590+- sf, built"tvithasetbackat less than trict. Location of Property: is eco mmende thatch file(s) 7:40 p.m.. Appl. #4384 ` the required 15 ft. minimum ; 32240 Main Road, Cutchogue; be revi revieweewed b fore the sc e(s VINCENT MANAGO as % side yard in this R-40 Zone ' County Parcel.No. 1000-1,03- be d before the sched- dee. (Owner: tiled date of the hearing for up District. Location of Property: 1-19.3 includes former ~f 103- Contract Ven Edith Pu urn . A lication for Lot #14, 13, and part of 12 as 1-18 consisting of one-half dates or new information. If PP shown on the,'Map of Point acre, and entire 26.2 acres,as a you have questions, please also a variance based upon theApril do hot hesitate to call 765- 22, 1996 Notice of Disapproval Pleasant containing 2.00+- part of a 55.2,acre parcel of 1809 from the Building Inspector, acres; 1605 Pt. Pleasant Road, record in 1985)., Dated: May 13, 1996. refi Ztxttingi4ode ; rticle Mattituck, NY; County Parcel 8:10 p.m. Application of gY ORDER OF THE JFXldly'$dctfott°i4b~l°b°I No.1000-114-1-5.1. SCOTT RUSSELL. Recon- 1t SOUTHOLDTOWN replace accessory storage shed 8:02 p.m. Appl. No. 4382- vened hearing (carryover from BOARD OF APPEALS in a location less than 75 feet.. IS LAND A • INC. and F. May 1, 1996); GERARD P. from the bulkhead. Location of Ct[tiANOWI .3RD.Ap- S:IS p.M: Application of GOEHRINGER,Chairman Property: 8225 Nassau Point' placation for a variance based DANIF.t. Recon- . Road,Cutchogue,NY;County upon the Building Inspector's ~C~enedhearing(canyoverfrom By Linda Kowalski IX-5/I6/96(106) Parcel No. 1000-118-4-10; also March 25, 1996 Notice of Dis- May l st). N 4/1& '511 /r~, • ~~gOFFOI~-c • O APPEALS BOARD MEMBERS oGy` Southold Town Hall Gerard P. Goehringer, Chairman cc 53095 Main Road 0 ~ Serge Doyen, Jr. y P.O. Box 1179 James Diniaio, Jr. '~Oj Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 13, 1996 Attn: Sara L. Proferes Island Ale, Inc. P.O. Box 1285 Cutchogue, NY 11958 Re: Appl. #4382 - Width of Principal Building over 60 ft. Dear Mrs. Proferes: Please find enclosed a copy of our Agenda of Hearings for our upcoming meeting on Wednesday, May 29, 1996. The hearing is scheduled for 8:02 p.m. in the large assembly room of the Town Hall, and the legal notice has been forwarded for publication by our department in this week's issue of the Long Island Traveler newspaper. Also enclosed is a Poster sign, which should be displayed as soon as possible on a post, tree, or fence within 10 feet of the street right-of-way in the front yard. The sign must be displayed for at least seven days, and after the seven-day period has passed, please sign the enclosed Affidavit of Posting before a notary public and return to us either by mail or delivery. Also as a reminder, please furnish us with a copy of the lease between the property owner and the applicant-corporation, which corporation has filed the variance request. Please feel free to call us if you have any questions regarding this process. Very truly yours, Linda Kowalski For the ZBA Enclosures A kNC F 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: Fi: A t4 C lCi KA NOW 14CZ DATE OF PUBLIC HEARING: ?*a-bl-ramo s 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 4 p.m. BOARD OF APPEALS • TOWN OF SOUTHOLD (516) 765-1809 to 0 k k) I NT U A V" R1 to I rN I A) ~L T J MAY 2 91996 1~ I~ /6 ~h BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of ISLAND ALE, INC. as Tenant (Owner: FRANK CICHANOWICZ 3RD) ------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING 1, Sl o - 4w - , residing at ft-b-UpT L[~ N e (JYt ~ New York, being duly sworn, depose and say: That on the 22 day of May, 1996, I personally posted property known as "M(V) KOaa L COCH06jL/2 it by placing the Town's official poster sign ten (10) feet, or closer, from the front property line where it can easily be seen from the street, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing (date of hearing noted thereon to be held May 29, 1996.) Dated: MayZ2, :1996. (signature) Sworn to before me this day of May, 1996. ~/yy Notar ublic ELIZABETH A. FINNE NOTARY PUBLIC, SIM of f'iw Pork No. 4653666 . Suffolk C" Term ExPim Nov. 3% 19 0 L- R~ O~~gpFFO[~-APPEALS BOARD MEMBERS ex- co Southold Town Hall Gerard P. Goehringer, Chairman y„ 53095 Main Road - Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 13, 1996 S.E.0.R.A. TYPE II ACTION DECLARATION Appeal No. 4382 Project/Applicants: Island Ale, Inc. and F. Cichanowicz 3RD County Tax Map No. 1000- 103-1-19.3 Location of Project: 32240 Main Road, Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct new principal building at a width of more than 60 feet This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Shortl Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990).. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. O~~gOFFO(~-~oG JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK CA at P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS G Fax (516) 765-1823 MRIAGE OFFICER RECORDDSARMANAGEMENT OFFICER Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: May 7, 1996 RE: Zoning Appeal No. 4382 Transmitted herewith is Zoning Appeal No. 4382 of ISLAND ALE, INC. for a variance. Also included is: Notice of Disapproval from the Building Department, dated March 25, 1996, with copy of application attached; Notice to Adjacent Property Owners; Short Environmental Assessment Form; ZBA Questionnaire; copy of policy issued by Chicago Title Insurance Company; letter from Southold Town Planning Board to Rudolph Bruer dated October 24, 1995 with attached map of old, different plans; survey and plans. 1 `)Q.L6Ck'.1 cojj- N~ati2. tk rlrt, o W"t _ 0 RECEIVED + t> r> i tkr l~,c 1996 u'k.. a u,~ a e 4 ~CP~CI:lw.7-~LL,ir 0K-4o ad.~. Town Clerk SouthOid`~°°' TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. yJ 6 DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) Island Ale Inc,,,,,,,,,,,,,,,,,,,oF 322..40 Main Road P lad'S .t............ >.:..Sf Name of Appellant Street and Number Cutcho ue N.Y.IId'y` ~r~s_ g............................................. HEREBY APPEAL TO Municipality State Sctm he THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NG9. DATED a.... WHEREBY THE BUILDING INSPECTOR DENIED TO Mor,~_gp,..)} A.le. Inc. Name of Applicant for permit of 32240 Mai Rp„ ..............t?.. ~d........................Gux.chA.gn.e...........:.......N...Y....................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ("4 ,)e.rm;-r 'T Bu116 LOCATION OF THE PROPERTY Main Road /utchopue/ B Street /Ilamlet / Use District on Zoning Map District 1000 Section103Block 1 Lot 19.~ Frank A. Cichanowicz _ 19.&I-rent Owner Map No. .Lot No. Prior Owner n,. p,, ,,14 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.) Article )C Secti on l 0 U ~G3 Cam/ 3. TYPE OF. APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE clue to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 A Variance to allow for a building wider than the 60' allowed 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made 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 I REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( V)' A Variance to the Zoning Ordinance ( ) is requested for the reason that nrin zat (Continue on other side) .n(,ttt),7~ .ITf17rIQH ar V In ntnt2 ,0(,)809 Yti.\1104 glnoa) It'n;tui'. ,f i)4sC16.04 ,,..0 A VIM, eatigka m Wf REASON FOR APPEAL t:inued p,{~ 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 46 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The Proposed building would be setback sufficiently' from the roadway, and the building will be used for one primary- use,.a brew-pub, and not several independant uses. Also, the t, road frontage of the entire=property is substantial, while in:= in comparison the width of the building will not appear so, due to the distance to the road. Sari L . Nofle( STATE OF NEW YORK ) ~•(~~~~G ss 9 COUNTY OF ) Sin Lure Sworn to this day of.................. VA............................. 19 ( ~J Notary Public ROBERT 1. SCOTT, JR. NOTARY PUBLIC, State of N.Y. No. 4725089, SuHoNt COUM, Twat Ex**9 May 19-LO BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE Island Ale. Inc. ' TO to the Board of Anneals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the hewn of Southold to request a Varianc (Special Exception) (Special Permit) (Other) [circle choice) • 2. That the property which is the subject of the Petition is located adjacent to your property and is des - cribedasfollows: currently used as whol calp nursery -Mock 3. That the property which is the subject of such Petition is located in the following zoning district: zone R a that b1 such Petition, the undersigned will request the following relief: To allow construction of a hrp,..-pub t:o exceed 69' 'B widt=h 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article X Section-100-1 03C [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 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 Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 745-1809. 7. That before the relief sought may he 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 f the Sa#M-T4r csawd=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: 4/2/96 Island Ale Tor Petitioner Neal J. Cichanowicz Owners'Nantes: _ Post Office Address 12 0 RQ° 12R5 Cutch Up N-Y_ 11995 Tel . No. [516 ) 765-1220 'a fill [Copy of sketch or plan showing proposal to be attac~ied'-tdt" tr6Kvenience purposes.] P OOF OF MAI ING OF NOT• ICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) Jul TI C fl VeS residing at bs-py ~peeaT tQ Vbe being duly sworn, deposes and says that on the day of 19 deponent mailed a true copy of the Notice set forth on. the re. verse sid hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curt nt assessment roll of the T wn of Southold; that said Notices were mailed at the United States Post Of- fice at pee pin re. , /Vew~yx ; that said Notices were mailed to each of said persons by (certified) (registered Sate-. L _ ~rr~ ~`e f~ S Sworn to bef e this 7 day of 19 Q Notary Public ROBERT I.SCO JR. NOTARY PUBLIC bite of N.Y. No. 4725089 uffolk Cou Term Expir May 31.18 (This side does not have to be completed on form transmitted to adjoining property owners.) A FORM NO. 3 tL~ TOWN OF SOUTHOLD ryl~~ BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: NCH 25i 1996.......... To ..MORTON BUILDING INC. A/C ISLAND ALE INC. - FRANK CICRANOWICZ III P.O. BOX 1285 CUTCHOGUE, NY 11935 PLEASE TAKE NOTICE that your application dated .......2[29......... 19 96 for permit to ,..CONSTRUCT A BREWERY 6 PUB at Location of Property ..32240.MAIN.ROAD CUTCHOGUE......... NY....... House No. Street Hamlet County Tax Map No. 1000 - Section ....193.... BLOCK LOT .....19 3.... Subdivision Filed Map No. .........Lot No. is returned herewith and disapproved on the following grounds .INSUFFICIENT .INFORMATION.... HAS BEEN SUPPLIED AS TO PROPOSED USES AND PRINCIPAL USE OF PROPOSED CONSTRUCTION, ALSO ACCURATE PLOT PLAN WITH SET-RACK DIMENSIONS NOT PROVIDED. UNDER ARTICLE R SECTION 100-103C PROPOSED STRUCTURE IN PRELIMINARY PLANS WILL EXCEED THE PERMITTED 60 FT OF LINEAR FEET OF FRONTAGE,ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. ALSO REQUIRED UNDER CHAPTER 45 OF THE CODE OF THE TOWN OF SOUTHOLD, 45-8 CERTIFIED PLANS SHOWING COMPLIANCE WITH UNIFORM CODE AND UNDER 45-8E SITE PLAN APPROVAL BY PLANNING BOARD. Z Uu B ILDFNG INSPECTOR j ZONE 0Ee aw Haar 31~ L RV 1/80 TRANSMISSION RESULT REPORT ....................(MAY 17 '96 12:22PM)................. SOUTHOLD TOWN HALL 516 765 1823 (AUTO) DATE START REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES NO. MAY 17 12:21PM 516 298 3287 00'41" OK ES 01 003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E)ECM >)REDUCTION S)STANDARD M)MEMORY C)CONFIDENTIAL #)BATCH D)DETAIL $)TRANSFER F)FINE P)POLLING 1A.1gA 11JST-:oat t2 PROJECT Ia. NUMSE.R 61721 SEC R 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. APPl1o.%N71SPON90R 2. PROJECT, NAME N a- L:cL.ah0V,r ~a ( TS~w~AI Me- S..C 3. PROJECT LOCATION: { * MuniciowitY .J '('CYIo V C r'o l ~ a. PRECISE LOCATION (Strmt aOOres! nd =0 IMIIIM eUOny OrOmment Iandma XK ft O Or Pr Ift M301 322yo R!c 2S C.~L~DQ JC 5. IS PROPOSED ACTION: Mr.. Q etpytalon Q MO01fIgt10manCitlOn S. DESCRIBE PROJECT 3AIErZY: v~ 7. AMOUNT OF LANG AF'?C: ems: III1eaiV 3. L(o agree ultimaterr 3. 2G agree a. WILL L PROPOSE ACr.CN COMPLY WITH E USTING ZONING OA OTHER EGSTING LANG USE AFSTAICTIONST Ii Yea ? NO 11 Na. daxn0a tu1Nty 9. WHAT IS PRESENT LANG USE IN VICNITY OF PROJEC? A~ C Omar 1^ .I AaslOtmtw L: InOUatnal Q Camtnennal g-AgnPUlmre Q pargFgnotlOOen ==a Oesgnac 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY FEDERAL- STATE ~EOOR LOCAUT 1y YSa C:. N. it yea, Ilat agMOYUI a00 ParmIUaPPrmala SC HD Wask acs filsAej,-/6OI 1 pp S 0,A1, -ib II. r~COES ANY ASPEC OF THE Ar,'t:.V HAVE A =ARENTLY VAUO PERMIT OR APPROVAL: lOlye3 1-: W If ye. !isl agsnry name ono oalmlua00rgeM . N yb DoT L J,b C.J~ X fel-d rA I 12. AS A RESULT OF PROPOSED ACTION WILL EXISrNG PERMITIAPPROVAL AECUIRE MOOIFIGTICNI Cl Yes 13Ng I c--"Fy THAT He INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE A0011canUsowso, name -t ep k v ' C &CX J , L eL bat Y. 2/ signature If the action is in the Coastal area, and you are a state agency, complete the CGastai Assessment Form before proceeding with this assessment OVER .(Continued on reverse side) Me N.Y.S. Environmental Quality Review Act requires submission of this tort=, and an environmental review will Zoe made 6y this sion ~Odxd . before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) Ln order to answer the questions in this short E" it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken, (b) It any question has been answered yes the project may be sig- aiticant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Eav rOnmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 aces of land? _res e • NO 2. Will there be a major change to any unique or / unusual land torn on the site? Yas ?_No 3. Will project altar or have a large ettact on / an existing body of water? _Yes /No 4.. Will project have a potentially large impact on groundwater quality? _Yas 1/1,4o 5. Will project significantly effect drainage flow on adjacent sites2 Yes JNa 6. Will project affect any threatened or endangered plant or animal species? _Yes A TO 7. will Project result in a major adverse etfect on air quality? Yes ~VINO S. will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? -Yes vo 9. Will project adversely imnact.any site or st-.ict- are of historic, pre-historic, or paleantologicdl importance or any site designated as a critical/ environmental area by a local agency? _Yes Nq . 10. Will project have a major effect on existing Or future recreational coportunities? _Yes J Ya 11. Will project result in major traffic problems or ' cause a major affect to existing transportation , systems? Yes ° No 12. Will project regularly cause objectionable odors, _ noise, glare,. vibration, or electrical disturb- ance as a result of the projects operation? -Yes _No 13. will project have any impact on public health J or safety? -.aB ~ No 14. will Project affect the existing community by directly Causing a growth in permanent popula- tion of more than 5 percent over a one-year v period or have a major negative sftect on the es -vo character of the community or neighborhood? 15. Is there public controversy concerninq the project? - Yes -\10 Preparer's Signature:414 - Re?resenting: LS(a~d ~1c l•.c Date: 31(tlq 6 Zia 9/•75 QUESTIONNAIRE FOR FILING WIT?- YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest La the subject premises and a description of their interests: (Separate sheet may be attached.) e Fra+k- A, C : J%a...o W tc-I- .S'ora L_~r o?t. CI nle_ ~ L-L,a,nu ;c ~ W;Icc.s~: B. Is the subject premises listed -on, the rea_ estate marcet for = sale or being showa to prospective buyers? ( } Yes ( ? } No. (L Yes, 133 a;t-==r47 caag of "candi*; of sale_) { L Are then any l apasals = mange = alter lass' ~t ?1 Yes ( } No D. 1. Are there any areas which cant-in wetland grasses? rJo Z. Are the wetland areas Shawn on the map suirmitted wita this application? 3. Is the property bullheaded between the wetlands area and the upland building area? 4.' If your praperty contains wetlands or pond areas, have you contacted the Office of the Town Tzuztees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed co~st_rsction at or below five feet above mean sea level? r1 (If act applicable, state F. Are there any patios, concrete barriers, bullheads or innrac which PrT~ 1zt and~a, not shown on the sirVey man that you ;a-r=. Submit`ing? If none exist, please state "mane-" G. Do you have any cons ruction taking place at this time concern ^g your premises? o Ii ves, Please sub=it.a copy- of Your building permit and maD as approved by the Building Department- If none, please state- H. Do you or any co-owner alsd own other land close to this parcel? PD _ If _ves, please e_=lain where or s limit aapies of deeds- I. Please list present use or operations conducted at t_:is parcel Nj~'Sr j and Proposed use r S rave AU C:1o r' __C $i ^ CL'_-_ anc. Da Ce 3/37. L0/°01k § 97-13 WETLs..YDS § 97-I3 TOWN - The Town of Southold. TRTJSTEES - The Board of Trustees of the Town of Southold. [Added 64$4 by L.L. No. 6-18841 '=Ll- .`MS (Amended 5-26-76 by LL Na 2-1976: 3-25- 83 byLS. No.6-IsSn A 111DAL WET s IDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal w' =a . or lands lying beneath tidal waters, which at mean low dde are covered by tidal waters to a maximum death of five (5) feet. iWcluding but not limited to banks. bogs. salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action: (2) AA banks, bogs. meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts. sea lavender. tall cordgr = high bush. rattail& grounn<al na r h 'Tntq and law ==r.;, m 1n6~m' (3) All L•md immediately-adjacemtm a tidal wetiamd y defined in Subsection AM and lying within seven- tr-tive (75)'feet landward of the mast landward edge of such a tidal wetland. B- FRESH -~,rATEII WETLkNDS. (1) "Freshwater wetlands' as defined in Article 2S. Ti- tle I. § 2:-0107. Subdivisions 1(a) to l(d) inclusive. of the Environmental Conser"-lion Lw of the State of N t- York: and All land immediately adjacent to a "'reshwnter wet- land." as defined in Subsection S(1) and lying with- in seventy-Ctve (75) feet landward of the most land- ward edge of a "freshwater wgdard.- 9105 :.:s•as NEW YORK II f RD OF TITLE UNDERWRITERSGPRM IOOD GI CSI 33 0027 07 005115 I „I CHICAGO TITLE INSURANCE COMPANY 1P~ in consideration of the payment of its charges for the examination of title and its premium for insurance, insures the within named insured against all loss or damage not exceeding the amount of insurance stated herein and in addition the costs and expenses of defending the title, estate or interest insured, which the insured shall sustain by reason of any defect or defects of title affecting the premises described in Schedule A or affecting the interest of the insured therein as herein set forth, or by reason of munarketability of the title of the insured to or in the premises, or by reason of liens or encumbrances affecting title at the date hereof, or by reason of any statutory lien for labor or material furnished prior to the date hereof which has now gained or which may hereafter gain priority over the interest insured hereby, or by reason of a lack of access to and from the premises, excepting all loss and damage by reason of the estates, interests, defects, objections, liens, encumbrances and other matters set forth in Schedule B, or by the conditions of this policy hereby incorporated into this contract, the loss and the amount to be ascertained in the manner provided in said conditions and to be payable upon compliance by the insured with the stipulations of said conditions, and not otherwise. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. I Issued by: CHICAGO TITLE INSURANCE COMPANI FOREMOST ABSTRACT INC. BY: 1380 Roanoke Avenue venue Riverhead, New York 11901 (516) 727-5686 Pr tt. II \NSU..... ATTEST; ~ ARPORA ~ • .c: )4f i3 ~ l~ y:,i81$?LLe2 Secretary. I1 G v I t OFFICE FILE NUMBER vOLICY 3 NVMn[p OI1tC OF /OLICY Fee AMOUNT OF INSURANCE D8508;275287 POLICY 005115 September 12, 1985 $240,000.00 DATE OF POLICY Loan AMOUNT OF INSURANCE Name of insured: FRANK CICHANOWICZ I I I i~ The estate or interest insured by this policy is FEE SIMPLE vested in the insured by means of ~ DEED made by John Pung to the INSURED, dated September 12, 1985. i I SCHEDULE A The premises in which the insured has the estate or interest covered by this policy is described on the description sheet annexed, i SCHEDULE B The following estates, interests, defects, objections to title, liens, and q Judgments against the insured or estates, interests, defects, objections , J policy. incumbrances and other matters are excepted from lire coverage of this liens or incumbrances created, suffered, assumed or agreed to by or with , 1. Defects and incumbrances arising or beconung a lien after the dale the privity of the insured. of this policy, except as herein provided. w Tit n or ts or le r any properly beyond the lines of the premises, or title to areas streets - m 2. Consequences of the exercise and enforcement or attempted enforce. ways t or waterways rways eor the right toymaintain therein roads, avenues, lanes . elt of any governmental, war or police powers over the premises. w vaults, tunnels, ramps m Any laws, regulations or ordinances (including, but nut limited to or anv other structure or improvement, unless this policy specifically provides that such titles, rights, or easements are insured. Notwithstanding zoning, building, and pons or ordi protection) to the use, lieu ed any provisions in this paragraph to the contrary, this policy, unless other- subdivision or tmprovcmenf of the premises adopted or imposed b y any ) to abutting ow ersuros the ordinary rights of access and egress belonging governmental body, or the effect of any noncompliance with or any to owners. violation thereof. 6. Title to any personal property, whether the same be attached to or used connection with Survey made by Roderick Van Tuyl dated February 28,1981r shows svacant $land; building stands in northeasterly corner of premises. y.; Countersigned J &A al t I AVU100zed Signatory NOTE: ATTACHED HERETO ADDED pgOES, MARGARET W. TOOKER Fot:mazes t i; SCHEDULE A -Description • Ii TITLE NO. 8508-275287 i ALL that certain plot, piece or parcel of land, situate, lying and being . at Cutchogue in the Town of Southold, County of Suffolk and State of New York' I being more particularly bounded and described as follows: BEGINNING at a point on the Southerly side of Main Road (N.Y.S. Route 25) I distant 287.32 feet Westerly from the corner formed by the intersection of the southerly side of Main Road with the Westerly side of Harbor Lane said point or of l formerly ofaDalcheteCorp.intersectsethetsoutherlylsidedof Main Rd no oadt; or THENCE along last mentioned land the following five courses and distances: (1) South 35 degrees 53 minutes 10 seconds East 117 feet; (2) South 34 degrees 18 minutes 50 seconds East 304.66 feet; (3) South 34 degrees 44 minutes 00 seconds East 247.23 feet; (4) South 24 degrees 38 minutes 50 seconds East 580.63 feet; (5) South 23 degrees 44 minutes 50 seconds East 508.89 feet; South 2 degrees 10 minutes 10 seconds West 865.66 feet still along last mentioned land and along land now or formerly of Sowinski to land now or formerly of Madselan; THENCE South 4 degrees 19 minutes 30 seconds West along last mentioned land; 56.77 feet to map of M.S. Hand Subdivision Map 01280; THENCE North 31 degrees 08 minutes 20 seconds West along land now or formerly of R. Blum and William Littell 2084.46 feet to land now or formerly of B. Orlowski Jr.; THENCE along last mentioned land the following two courses and distances (1) North 49 degrees 31 minutes 00 seconds East 210 feet; (2) North 40 degrees 29 minutes OO.seconds West 327.70 feet to the Southerly side of Main Road; THENCE North 49 degrees 31 minutes 00 seconds East along the Southerly side of Main Road 155.17 feet; THENCE North 48 degrees 46 minutes 20 seconds East along the Southerly side of Main Road 294.83 feet to the point or place of beginning. TAX MAP DESIGNATION.: y;; 1000 103.00 01.00 019.003 ~~MR•M~W.. • / 1 LW iJL u'.r tau, aa•dl b~waa THIS INDENTURE, made th0l2th day of September , nineteeondred and' eighty-five BETWEEN JOHN PUNG, residing at 75 Bacon Road, Old Westbury, New York I party of the first part, and (1I0 FRANK CICHANOWICZ III, residing atAMain Road, Peconic, New York • party of the second part, WITNESSE j'H, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a point on the Southerly side of Main Road (N.Y.S. Route 25) distant 287.32 feet Westerly from the corner formed by the intersection of the southerly side of Main Road with the Westerly side of Harbor Lane said point or place of beginning being where the Westerly side of land now or formerly of Dalchet Corp. intersects the southerly side of Main Road; THENCE along last mentioned land the following five courses and distances: (1) South 35 degrees 53 minutes 10 seconds East 117 feet; (2) South 34 degrees 18 minutes 50 seconds East 304.66 feet; (3) South 34 degrees 44 minutes•00 seconds East 247.23 feet; (4) South 24 degrees38 minutes '50 seconds East 580.63 feet; (5) South 23 degrees 44 minutes 50 seconds East 508.89 feet; South 2 degrees 10 minutes 10 seconds West 865.66 feet still along last mentioned land and along land now or formerly of Sowinski to land now or formerly of Madselan; THENCE South 4 degrees i19 minutes '30 seconds West along last mentioned land 56.77 feet to net'of'M.S.'Hand Subdivision Map #1280; THENCE North 31 degrees 08 minutes 20 seconds West along land now or formerly 4of R. Blum and William Littell 2084.46 feet to land now or formerly of B. Orlowski "Jr, THENCE along last mentioned land the following two courses and distances: (1) North 49 degrees 31 minutes 00 seconds East 210 feet; (2) North 40 degrees 29 minutes 00 seconds West 327.70 feet to the Southerly side of Main Road; i1IENCE North 49 degrees 31 minutes 00 seconds East along the SOutherly side TAX MAP of Main Road 155.17 feet; >ESIGNA P THENCE North 48 degrees 46 minutes 20 seconds East along the Southerly side of Main Road 294.83 feet to the point or place of beginning. A,t• -1000 TOGE'THE'R with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances °0.103.00 and all the estate and rights of the party of the first par Wan and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part/lthe heirs or successors and assigns of Ik. O1.00 the party of the second part forever. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated 3/24/81, recorded 4/6/81 in Liber 8983 at Page 019.003 AND*the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for Q any other purpose. The otword her "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written EIVED R. .REAL ESTATE E IN A F lt SER 24 1985 JO P TRANSFER TAX SUFFOLK COUNTY LkhJ66l PAGEei74 i STATE OF NEW YORK, COUNTY Ot• Suffolk aat STATE OF NEW1(, COUNTY OF • On the 12thdaY of September 19 aar ' Personally came 85 , before me On the personally came~y of 19 before me JOHN PUNG to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that execut he executed the same. ed the foregoing instrument, and acknowledged that executed the same. Notary Public M04RYEPUBLIC Stet? o/ E New York' CO t Comm' Lesion Ex Fx18 S uffo(k County 1npiraj March 30, STATE OF NEW YORK, COUNTY OF aa: STATE OF NEW YORK, COUNTY OF On the day of 19 ssr personally came before me On the day of to me known, who, being by me duly sworn)`did depose and hessubscribing witness to the foregoing instrument, with came 9 before me say that he resides at No. ° whom I am personally acquainted, who, being by me duly that he is the sworn, did depose and say that he resides at No. of that he knows ; in and which executed the for Instrument nthat descri he knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that.it was so that he, said subscribing witness, wasto be the present individual affixed by Lion, and that he of the signed hd directors and saw eretofbyllike o der, at the same tiexec e ; and said witness, meusubscribedeIt namae as witness hereto. PLEASE DO NOT PUBLISH WII "H Wargain anbfalt AL ORL'S AC"1'S COVENANT AGAINs"i GRAN I TtneNo. 8508-275287 (Chica r ZemOS7 SECTION 9o Titles AM",PCr rWLOCK LOT JOHN PUNG COUNTY OR TOWN TAX BILLING ADDRESS TO FRANK CICHAhIGWICZ III Recorded At Request of moor TBIe Guarantee Coraparry RETURN BY MAIL TO; D:,,.a°,.abr," Gary F. :New ryr J TICOR`TITLE GUARANTEE ork zlP No. 11935 W V W W ti fu y e C m t- N nr- ! Z r-rT 1T x~ fV to w v °cr c -a x z o. -v rzt '•I r; 3 ;tTJ r a Lri , TaenFW, Richard G. Ward. Chairman P. O. Box 1179 George Ritchie Latham. Jr. O Southold. New York 11971 Bennett Orlowski, Jr. Fax (516) 7653136 Mark S. McDonald Telephone (516) 765-1938 Kenneth L. Edwards PLANNING BOARD OFFICE TOWN OF SOUTHOLLnD October 24, 1995 j V Rudolph H. Bruer, Esq. P.O. Box 1466 Southold, NY 11971 Re: Proposed site plan for Frank Cichanowicz III (Island Ale, Inc.) SCTM# 1000-103-1-19.3 Dear Mr. Bruer: The following took place at the October 23, 1995 Planning Board public meeting: The final public hearing for Frank Cichanowicz,lll, was closed. WHEREAS, Frank Cichanowicz, III, is the owner of the property known and designated as SCTM# 1000-103-1-19.3, located on Main Road in Cutchogue, and; WHEREAS, this site plan, to be known as site plan for Frank Cichanowicz, III (Island Ale) is for a restaurant and affiliated microbrewery; and WHEREAS, the Southold Town Board, pursuant to the State Environmental Quality Review Act, (Aricle 8), Part 617, declared itself lead agency and issued a Negative Declaration on May 15, 1995;and WHEREAS, a final public hearing was closed on said site plan application at Town Hall, Southold, New York on October 23, 1995; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore Proposed site plan for Frank Cichanowi¢ III October 24, 1995 RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated September 27, 1995 and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. This condition must be met within six (6) months of the date of this resolution: 1. Curb cut permit from the New York State Department of Transportation. Please contact this office if you have any questions regarding the above. Si rely, Richard Glard Chairman - ~ T Suffolk oun-kJ Debt. of Hea ltH Sarv( ~•I w ~'p I I \ CeSS~oe lL ~ r f PJ S nl' O ~R 'iw hT b. c r lil r, ~ P UO } F ` f. 59° . ~ h 1 ~ 1 - d - - ~ y I tool ~ 'r _ I II,! I ~ qn., nrr~ -m'2 bloat a-mr cnsiag qwq.1 yp' 21r.1.. subnrer srble f um~ 35gpm @ 3c,r5i T ~OACJ N_ Y. S. r'TE.: 5- - i } e ere nn p~k'nfial 5owces of ~ - rr:r1r_ bea,~ln9 ~sr ,ia am rule{' ~ - Fain (ark coN F'arrnnad'ion r i+iwl !50' _ e%15+. it w mle-l- ' nmlr, main Fa,' l R ~n rmF+ r'xrsf drain rn lef _ : hrr Ala pail fa e 5fruc-hrre5 wifhirr 50 q o, = x ISO- o ke ~;ropesed well. ~ x, ° ,~n `-rnailbaxes ~~r~le 177 ~N°rwm ma !e pole ~`l-18 ~ ~ o--~ra(e"I-79 J eui sf. sryn mi(es/ane _ ! 294.83 ~ 2f 287 32 fc Harfwr Lane pole"l76 ~ ~_%~-adi5f 3'Narwm~ma~ N.a78 °~i ro 20 E- _ s r\1. 49°3lE. l5S 17 (sD'- SITE PLUM k~~ter- ces ,r ool, /MADE F012 I~ L.O. Ne never- 'd38~ :WAGE DISPOSAL OE SJGtY: ~ I i 'e5faurarr+:!?_~Seats 30 qn!/seat=3750 ja 1. T aT rub: 80 occupants r !S q.al./occ. = 1200 ' 11 ;eewerr : 10 banrels~da~f = 1900 UT<_ O UE I drain in (rlr ,I d ,0 0~ vi TJWN CiF SOUTHO~O, N.4' top er. ra' aotbrn el A.F i o:i I pond I ~p" ' O G _~lGN FLOW'PEQ AG<4E: ' ~ E W ti ~ I r: r 242 ga(/dat~/acre O parrd IPULLa710N DE'r\'':iITT E(Vl.1LCNT: I` \1ti~ el .buffer+r e-l. 5.5 ~I - - M 2ro. Cll dc. (Bn+ire prnperlj) 300 = 78C _ Bpd II II ~ i 0 U 3-282 ac CZane change area ~ 300 = 985 9fi°r well ~SSFauran+ x pub 4`750 qi d _ F500 5q ft, _ 1 I W 111 ~ m 20 ao 40 is ya!/sq. fl-. - r gf 11 i O G 5,7 &7 ;-t./~'r lob rirc9 n 2G rings _ / 3 fools I \1 \ ~r 2rincr5 /8pcn( [prav~de 131 16. / ~ 1 I ti In nr ~l2EA = 2h. 21 I RG U~ o = MoniuMFnlT 7 m ~ 933 57-J4. c O 1-5 I~ ?1?~Ia 8 la ~ I I ,a ;r' r,, 33 16, 74ring I ~qyp,~ Ic 7q f = 5 = 3.-7 pmts (provide 4~ well s,,,,,.P r d ,,hal+\pavinq / , ul :EA 5(- 7rdAV: 1 r8 I 12,5 sea is . 20 gal/sear= 2500 Jai, _ ~draina9e areas)--'~ r r 80 sea+s = S '3a1/seat= 400 4a/ r de 10 e, 5' ligl, id de~fFr ~ f.~ 2900 30's fn ~r MAtuI 5JT6 PL-4),14 4125A QoAD. (drac~ee logical zone 4 •r cesspool II, r - N 20 h~ 20- - /""I p p c u ~ it soo'_ _ -2-1 C) Ko ,ter wel( r -i I 8 zere: 3. ?_82 acre- So r N 1 r ~a -3_ _ IO v 8 ledlr~nrr,9 - ~geptiG `x'15 1 ~ - 9 N train 9 / 1b,I Sforrnrr/." m i ~I a N fJ+G%pn. 3r~1" ..71 r I hl b' dived fived ~ ca gal. fn ca - _ sea .r E tl ~ ,rEh Pr prop mAp r 2L0 r '5bC s'f' ^II 7ren. l,L. f--.h I / raLp I\ I` -f-ty ~ i ~ ry _ I I ,I Ir ti I ~ ` I l~l- I I _ .~~dry q - P - w ~grden se c de ) - Ic w~ b ~ Scif/nik C•nrin~-t~ Tnx Ma~ Desrgn«1 F } ----J I ~ I ~ to yoooq l (des+~ I a Dish IOOO, Sect. (03 ENI, L9 /5_.E . and ~~i~, _trdp Ib 1 ~ I tt r"~51..frrvlh Ppvin,~ (.r=tn rl: hs I I ~ , l/z ns~,o~rx H try(:. /7;/L', 'llI(l(Ill(h it 1 A 19/ sPaDn.zer{ rcmperc /z+d e+~il - - high ~sf Vvith 5~ riv E r N D o t1 i d c+. 14 - ~ halogen la~"~' rlo9er Ip•"~' _ 1 Parkr~in ~y ic;!(crr,orr ill n ~ ~ N I TH."3 ~ ~ ~ t pool - I I+ I r 12~ * 80 = JrJS en 15 ? 3=,c,,' opar, ~rnvideri: 7rb sbacet- hN. 4 ticce ss,t~le spry, EC/noted "hcp? A • !D~ * leachin ml's _ I _ 1 r. eso~ " o 1 i dln++pslr-r , - - 1 J pp U963MAY909-Ma ar, !4 , 1996 maY -2 _ - N IB Cr , May LJ J ~I I - - - - - - - - - T{ f"' expo II N y L. 'p. ,J.TEST HOt_ES f (zone fines only) W ~1 ~%ar V a~ brown idaf-k brn.l de,-46.n. ~g6r+k brr.~ U a- ,g IoaM 5 sl lY lb.1l' si ~9 barn I' $llh3 loon I 1s:.-~- _ !I DC{A/NAGEF GALE. y NF OD brewn~ brawn I brown A.I rSUarl'? i'o SUff'Plk i.~n#r1 Sprlifor+i y pale brr' stlA~leam MY /oxn Arficles 74121, NOW J. Cic wnawlcx, ere 4;/ f . ? - fine fio brown .I'mo' -.i3 `si7J~ loam I3.5. / • Y Area ,Area s + Z" rNln ' +68.5 cu. i rwir~e do „,all a ~ ~E ~GK Vq tlti -iv a _9 coarse slb+ seed b". Sib, l Cer+if~~ "[104 iqaere w!N Prof be pny indrlsfria( ~y X4.4' 'Vlo~9~ Mp~ped Dec ~I, 1995 dislhar9exl '~.fQ-$Q Pre a ° sand 5.1 Y.--JAS brown - 16 WQ S'/e5 Pr oi4,ar non-Sanif p.^y ",+e, i vvoFer (ef.35~ IHa/o brtt k brn.' -$O 'ne 2925 sq. ft. 1 1 j 6500 ! 1083 15.8 (2) 8 /0'0 +overflewlo pond r v I j flee fine 1e ~ from -Hie hui/dintf,prtd Fhare will be no ~/naic wr ^ 2 1 3150 5255 -7 .'7 (I ) ODEeICIG UAN T:J YL, P. hazardous Ynerferia(S 9f0rwd afi-/ire site unless \ p coarse fin° +0 coo se j cease s u !c rmif5 or exempbrone pre e~ranfed 3 1645011: 1-408 20.6 I(3) +overflew/opond sand 4, n 11-f j sand burSUanl- io fhose orf-bc(es. V 1 106-73 1-7-79 Z6 ' . 5 5 1100 860 12.6 (21 h.rcensed Land $urve~crs C.` u = waMr I I (el.1 ~ ~ j . rz.&' 6 Z6-75 99(o 6.5 (1) Greenriorf New Yor L l ~0 _ J ..t H I ewhee', ilel~.39) w°'ftrl'(eL 3.7) (5)____. _ I"7(roof) 6760 960 14 (9) 4' ^ _ S4 f_ilR• _ __.L_Ij OwnQr - - - ~juY.F^cC o- e X72 D,FC, / ~ ~ G45 i 6At v 1' + + + + 41 v L 6- 2 T I Y P9 m Gam, III PPW u~y $aisd.hJ /C~oC NX nJE OMmo~l NA/n6 S'2E ceJrt~ vV~T cam' - ( LIZ ~'-+~/a ~Z IF-Nb0 c~Ceicr~ca ~d_ ^.GE> .LAzieTi c-3 /A" ~A"T, 0 A2 J// R.UoD A'/03Et~/+/ LCIEGY<`NS /q//~t'D //f'.SR/O ~yaa 2ysa' $wd _ tr yl / G E: G •'!EX GON ?cX >3pX G_E__4T rN9 e.ty 2C-" 7jKg 5B /GEn /~fR...ECUE 8tr.6 f3by ,?aCCV tSfr3 N~ ICGr- ,U 6CG~E 3JEVE JS _tiEGG~; Er/EN l/o cGZ 7$' 823- _ ,IZ, T.+K. 15 QE DA.uDE•u5 C.UGU~/1 wECP/NG v6w 7"A 3o' L T D TJ aa. D TA aau> DEaJS FULIaJ~rt .S ~QCi41J/i~b ~/G UJ YU' ~£3 - K:d \ ~ ~ TN --T He +J -7- ')T /u~c,2A /~A.eK GPBbEu/Y.TE S-6' 3F3 PRA- '.4 'J~/C ~,[1 A3/E3 ~IIaRWAY S~.QcJG_E _ /2-'y YQ ~ic f.a PuN SE.cI (e LducG T UE ya.,cc _ _/_N/G GEA~~U~ A?<.a~..i>K+. i3luE areas GVf----------- 20 d fuy-+i~'~ -r ROC+uJ3Ei..+S ~xnoRi~.l Jug-r~pEi+- fie' _ . eao fr2EOeu iT^E N16R~L:0~-a {.~b<-9 T'J~'~RSa .'rn6 /b-'z• '3?8 o J'~rJ~Ae,~-pgec~,Ee~,-72p&A,* - ff3cS~4~at3usra ~u~±,ft2.. _-6 7_ .P_e_5-.----. 14. ~k 5 iJ IC /v T rr -_Tau~ ar 4I ~ A D JV ¢ 1?9A .'.A{LATA,.-_ L?N)_T_E _L al4/G/i..J6 GkA~_._i2;iY~ /3 d!S A 40.5 7'/~/r~- Co.e%JAT~ L/TTGE _4c.bf !/~vDE,_.. y3'~,c r ) n Z3 l~ETUG.+~ pnpyk/fEC.u C'Gu nP «Naa 7S.ecp iz ~S'~ 3+3 $r c ~9,yfE?vi _,.c.ncc ee,Y~N,q ,~?.e,a~F4cn, ~s+.,2 ss-<< is+a /y. _ ~2uNU5- ,~'c-•o,.,zc.. - Kw,... vmN J-c~+i..~F/.~b e~_ . 5 G~ _.g:g _ 9 ,d Ce.2 7~lK~rw.uo~a~_ __-/-~tir2wA4 Mb~E y, CO 3~.~. 0>4 f } I - - Accce /~CCK ~uz~.2f?M _AEa Su.u-cr -5c/GA IYJ AfL../.~ - FG ~SE/S I ~ 9E -Z 6: 47, ZEL Komi P 56,e,~,i7,a ~-aa>,~e~c v/c4 A6c,_uA76- _ $b'cn f?~.a 4i - 7m r .i I07 TD Y"P-~IEMA 5 ~r a K5 I ~ 'F * F Av * 1 + NmA E3CI3 N6 ~ 14 InA 41 -r lap r I a \ ~ ~ ~ g~r1i + } 6r' v C~ T I rop 116 ' , ~ ~ y l ~ I ~ ~ ~q`a~I I I I J, 1 ~ P 4 1 yry 1 2 ' H/6A4 Po s r {<AmP i aZ Z~ IO ~ `I ra' zbc 15 a I 1 N l4aYR 4 yvP,6F P0V9 .r2 '.0'~ ~ 'h F,~JJ ~ ~ I ~u6 r3GB'N 'N J FT- ~ LP 3a' bA rn + 16' a b d [rnC JOB NAME, ;AMC ' ~o 'J.O. 3'tnC, S1 GN . ?o. Po, op~o - - Yl ~EU.kY Ptq.c.7EiJ 63`CAC- c-'6'7J1GG ~ < ~iiti odK _.1 LOCATI 4~ ~30 SCALE U jC 2~, o ,r Y~~CGZh""DO DATE C AA pq ~~4 23 /2 /9 ~S` _ ^ IJOIIIH"EPREY COPY