1. ZB# 00-1 4
  2. VGR Associates / Advanced Auto
  3. 69-1- 6
      1. APPUCATION FEE (DUE AT TIME OF FILING OF APPLICATION)
  4. Btancli Banking ^&
  5. and IHist T
      1. highway.
      2. (b) The freestanding sign is proposed to be located along State Highway 94.
      3. neighborhood or create a detriment to nearby properties.
      4. but nevertheless should be allowed.
      5. NOW, THEREFORE, BE IT
      6. TOWN HALL, 555 UNION AVENUE NEW WINDSOR, NEW YORK 12553
      7. .,19.
  6. Vjyif'/iQ Aap^cy^ rny-^
      1. 1 "5 0
      2. T3 ^ 11 S
      3. -<^ '5
      4. TOWN HALL, 555 UNION AVENUE NEW WINDSOR, NEW YORK 12553
  7. I I 3 ! I
    1. NOTICE OF DISAPPROVAL OF BUILDING PERMIT APPLICATION
  8. Addra..sqn E.fe-^.H-V^o^-jM-^FU^^riN^QiviVork.Kiy, PhoneZiz-mqM^srN
      1. "1 r? .^-y^
      2. ZBA MEMBERSHIP - 1999
      3. James Nugent, Chairman V 194 Quassaick Avenue
      4. New Windsor, N. Y. 12553
      5. Windsor, N. Y. 12553
      6. Mkrhael Reis
      7. 48 Wiltow Parkway New Windsor, N. Y. 12553
      8. Len McDonakJ
      9. 12 Split Tree Drive New Windsor, N. Y. 12553
      10. 569-7411 (0)
      11. 562-2234 (h) Term Expires: 12/31/2001
      12. 732-3508 (o)
      13. 496-5481 (h) Term Expires: 12/31/99
      14. 565-6763 (h)
      15. Term Expires: 12/31/2003
      16. 562-4898 (h)
      17. 4%-5970 (0) Term Expires: 12/31/2000
      18. 565-4074 (h)
      19. Term Expires: 2/31/2002
      20. Attorney:
      21. Andrew S. Krieger, Esq. 219 Quassaick Avenue New Windsor, N. Y. 12553
      22. 562-2333 (o)
      23. FAX: 562-2407
      24. Secretary:
      25. Patncia A. temhart^!lgwLejA4 7 Franklin Avenue
      26. New Windsor, N. Y. 12553
      27. Stenographer:
      28. / Frances Roth V 168 N. Drury Lane
      29. Newburgh, N. Y. 12550
      30. 563-4630 (0)
      31. 562-7107 (h) FAX: 563-4693
      32. 566-1641 (h)
  9. TOWN OF NEW WINDSOR
      1. TOWN HALL, 555 UNION AVENUE NEW WINDSOR, NEW YORK 12553
      2. April 24, 2000
      3. MR. BOOKERS I believe it's going on th'e corner.
      4. MR. KANE: This map on the back of this is not correct.
      5. MR. BABCOCK: That's correct, that map is not correct.
      6. MR. REIS: Where is it again, opposite?
      7. MR. BOOKER: Questions I can answer?
      8. MR. KANE: When we come to the public hearing, can we get a draw-up of that?
  10. RECEIPT #387-2000
  11. Town of New Windsor
      1. ZONING BOARD OF APPEALSiTOWN OF NEW WINDSOR COUNTY OF ORANGErSTATE OF NEW YORK
      2. In the Matter of the Application for Variance of
      3. AFRDAVrr OF SERVICE
      4. BY MAIL
      5. STATE OF NEW YORK)
      6. ) SS.:
      7. COUNTY OF ORANGE )
      8. PATRICIA A. CORSETTl, being duly sworn, deposes and says:
      9. Notary Public
      10. Sworn to before me this
      11. day of , 20 .
      12. Notary Public
  12. ^ia£^i^!&l^ii£,a^/Qik^
    1. Advance Auto Parts
      1. PUBLIC NOTICE OF HEARING
      2. ZONING BOAIU) OF APPEALS
      3. TOWN OF NEW WINDSOR
      4. Appeal No. / y
      5. for a VARIANCE of the Zoning Local Law to Permit:
      6. for property situated as follows:
      7. Chairman /
  13. ^(^2/
      1. "LANDLORD"; and ADVANCE STORES COMPANY, INCORPORATED, a Virginia
      2. corporation, herein called "TENANT".
      3. -RECITALS -
      4. A. LANDLORD is the owner of a parcel of land and the improvements thereon
      5. initialed by LANDLORD and TENANT.
      6. B. LANDLORD desires to lease to TENANT and TENANT desires to lease from
      7. may erect improvements to be used for its business operations.
      8. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants
      9. contained herein, LANDLORD and TENANT agree as follows:
      10. 1. DEMISE. LANDLORD leases to TENANT, and TENANT leases from
      11. LANDLORD, the leased premises.
      12. 2. CONSTRUCTION OF IMPROVEMENTS.
      13. Construction. After the Delivery Date as set forth in paragraph
      14. applicable laws and governmental regulations.
      15. b. Changes to Shopping Center. LANDLORD shall not unreasonably
      16. center outside of the leased premises.
      17. c. Due Diligence Period. In order to satisfy itself that the leased
      18. Diligence Period in order to perform the tests referred to above.
      19. d. LANDLORD'S COOPERATION. LANDLORD shall
      20. in applying for and obtaining the Permits.
      21. 3. REMOVAL OF BUILDINGS. Prior to the delivery of the leased premises by
      22. in compliance with the following terms and conditions:
      23. a. Before LANDLORD shall be obligated to remove the buildings
      24. under this Section.
      25. b. LANDLORD shall perform all its obligations under this Section within
      26. of the LANDLORD to perform the obligatioi^ of LANDLORD under this Section.
      27. LANDLORD'S PURCHASE OF TENANT'S IMPROVEMENTS. Within
      28. occupancy relating to TENANT'S improvements), LANDLORD shall purchase TENANT'S
      29. Date".
      30. 5. TERM/OPTIONS:
      31. a. Initial Term: The initial term of this lease and TENANT'S
      32. lease shall be effective as of the date hereof.
      33. b. Option: In the event the initial term of this lease terminates on June
      34. constitute a valid and timely exercise of said option.
      35. 6. RENT:
      36. a. Guaranteed Rent: TENANT shall pay LANDLORD, commencing
      37. of the percentage rental for such period.
      38. TENANT'S sales were to be performed. Upon written request from LANDLORD, TENANT
      39. obtained from TENANT'S records.
      40. c. Definitions:
      41. (i) Gross Sales: The term "gross sales" as used herein shall
      42. governmental authority.
      43. (ii) Rental Year: The term "rental year" as used herein shall
      44. year.
      45. 7. TENANT'S FURNISHINGS. FIXTURES AND EQUIPMENT:
      46. equipment shall be repaired by TENANT at its sole cost and expense.
      47. 8. ALTERATIONS AND ADDITIONS: TENANT shall have the right to
      48. all alterations and additions shall become the property of LANDLORD.
      49. 9. MAINTENANCE AND REPAIRS:
      50. a. LANDLORD: In addition to the provisions of subparagraph c of this
      51. and deduct the cost thereof from the rental due hereunder.
      52. b. TENANT: Li addition to the provisions of subparagraph c of this
      53. TENANT within fifteen (15) days after receipt of notice of said expenditures.
      54. c. Manufacturer's Warranties: Upon TENANT'S acceptance of the
      55. limitation, the heating and air conditioning system(s).
      56. 10. INSURANCE:
      57. a. LANDLORD: LANDLORD shall keep the shopping center,
      58. of said premium.
      59. b. TENANT: TENANT shall maintain with respect to the leased
      60. provide LANDLORD with evidence thereof.
      61. IL REAL ESTATE TAXES: LANDLORD will pay all real estate taxes,
      62. portion of the year for which TENANT is responsible to pay rent hereunder.
      63. LANDLORD'S calculation of TENANT'S pro rata share of said taxes.
      64. contest.
      65. 12. DAMAGE OR DESTRUCTION OF THE LEASED PREMISES: In the
      66. said destruction or damage.
      67. If in TENANT'S reasonable discretion any such destruction or damage to the
      68. rebuilding or restoration.
      69. 13. CONDEMNATION:
      70. a. Total: If the whole of the leased premises shall be acquired or taken
      71. of title vesting in such proceedings.
      72. b. Partial: If any part of the leased premises or shopping center shall
      73. c. Rent: If this lease is terminated as provided in this paragraph all
      74. rents paid by TENANT in advance and not yet earned.
      75. d. Award: All damages or compensation awarded or paid for any such
      76. lease, as may be recoverable by TENANT in TENANT'S own right.
      77. 14. USE/SIGNS/UTIUTIES:
      78. a- USE: TENANT shall use the leased premises only for the purpose
      79. continuously operate a store on the leased premises.
      80. b. Signs: TENANT may erect or place signs on the exterior of the
      81. ordinances.
      82. c. Utilities: TENANT shall procure for its own account and shall pay
      83. or at the leased premises.
      84. 15. ASSIGNMENT OR SUBLETTING: TENANT may not assign or sublet
      85. 16. DEFAULT:
      86. a. Events of Default: The following shall constitute an event of default
      87. hereunder;
      88. (i) TENANT'S failure to pay the rent or other charges when due
      89. (ii) TENANT'S failure to perform any of the other terms,
      90. (iii) TENANT shall become bankrupt or insolvent, or file any
      91. property; or
      92. (iv) TENANT makes an assignment for the benefit of creditors, or
      93. petitions for or enters into an arrangement; or
      94. (v) TENANT shall abandon the leased premises or suffer the lease
      95. to be taken under any writ of execution.
      96. b. Remedies: If any event of default has occurred then LANDLORD,
      97. commencement of the term to the date of default.
      98. 17. COMMON AREAS:
      99. a. Common Areas Use: In addition to the leased premises,
      100. planting, entry monuments, and signs, directional signals and the like.
      101. b. Maintenance of Common Areas: Subject to reimbursement by
      102. operations at the shopping center.
      103. c. TENANT'S Reimbursements of Costs of Maintenance of Common
      104. maintaining the common areas, as follows:
      105. (i) Snow and Ice Removal: TENANT'S pro-rata share of the costs
      106. determination of TENANT'S pro-rata share.
      107. (ii) Other Maintenance: Subject to the limitations hereafter set
      108. for such maintenance and showing the determination of TENANT'S pro-rata share.
      109. exceed the sum of $14,(X)0.00 in any rental year during the term of this lease.
      110. (iii) Determination of Pro-Rata Share: TENANT'S pro-rata
      111. which TENANT is responsible to pay rent hereunder.
      112. 18. HAZARDOUS SUBSTANCES:
      113. a. Definition: As used herein, "Hazardous Substance" means any
      114. polychlorobiphenyls ("PCBs"), and petroleum.
      115. b. LANDLORD'S Covenants and Indemnification: LANDLORD
      116. premises after the term of this lease commences.
      117. c. TENANT'S Covenants and Indemnification: TENANT covenants
      118. 19. NOTICES AND RENT PAYMENTS:
      119. a. Notices: Notices under this lease shall be deemed to have been
      120. delivery fees prepaid or billed to sender, and if addressed as follows:
      121. To LANDLORD At: VGR ASSOCIATES, LLC
      122. C/O BOBROW & ROSEN
      123. 40 EAST 69™ STREET
      124. NEW YORK, NY 10021 '
      125. ADVANCE STORES COMPANY, INC.
      126. P.O. BOX 2710
      127. ROANOKE, VA 24001
      128. ATTN: REAL ESTATE DEPARTMENT
      129. provisions of this paragraph, from time to time.
      130. b. Rent: All payments of rent to be made hereunder by TENANT shall
      131. 20. NON-COMPETITION: LANDLORD shall not, for as long as this lease
      132. operate any such business within said two (2) mile(s) radius.
      133. or any other remedy otherwise available to TENANT:
      134. (a) TENANT may institute proceedings to enjoin the violation in its name
      135. or in the name of LANDLORD.
      136. (b) If such conflicting use continues for a period of thirty (30) days' after
      137. and from any and all further liability hereunder.
      138. (c) As long as such condition exists, TENANT'S only obligation
      139. (d) TENANT may hold LANDLORD liable for any costs and expenses,
      140. sustained by reason of the violation of such covenant.
      141. 21. MISCELLANEOUS:
      142. a. Identity of Interest: The execution of this lease or the performance
      143. partnership or joint venture.
      144. Landlord's Title: LANDLORD covenants that it has lawfiil title
      145. lease.
      146. c. Quiet Enjoyment: LANDLORD covenants that it will put TENANT
      147. easement rights, without molestation or hindrance, lawfiil or otherwise.
      148. d. Holding Over: Any holding over after the expiration of the term
      149. be subject to the terms and conditions set forth in this lease.
      150. Surrender of Leased Premises: TENANT shall surrender to
      151. negligence excepted.
      152. f. Loss or Damage of Property: LANDLORD shall not be liable for
      153. omission of LANDLORD, its agents, contractors, employees, servants, lessees, or
      154. concessionaires.
      155. g. Right of Entry: LANDLORD, its agents and representatives, shall
      156. eviction or deprivation of any right conferred hereunder upon TENANT.
      157. h. Excusable Delav: Except for the payment of rent, if LANDLORD
      158. TENANT.
      159. i. Non-waiver: The failure of LANDLORD or TENANT to insist
      160. covenants herein contained except as may be expressly waived in writing.
      161. j. Conditions Precedent to TENANT'S Covenants: The covenants of
      162. k. Indemnification of LANDLORD: TENANT will indenmify
      163. employees, servants, lessees or concessionaires.
      164. 1. Waiver of Subrogation: Notwithstanding any other provision
      165. m. Short Form Lease: TENANT agrees not to record this lease, and
      166. request, a "Short Form Lease" suitable for recording.
      167. n. Pre-existing Conditions: Nothing contained in this lease shall be
      168. TENANT'S taking possession thereof.
      169. o. Governing Law: The laws of the State of New York shall govern
      170. the validity, performance and enforcement of this lease.
      171. p. Prior Negotiations. Etc.: All negotiations, considerations,
      172. of this lease are incorporated herein.
      173. q. No Offer: TENANT'S delivery to a prospective landlord of this
      174. respect.
      175. r. Captions: The captions in this lease are for convenience only and
      176. lease.
      177. s. Grammatical Usage: In construing this lease, feminine or neuter
      178. z. Subordination to Mortgages: This lease shall be subordinated to the
      179. Attornment Agreement.
      180. IN WITNESS WHEREOF, LANDLORD and TENANT have executed this Lease
      181. Agreement in duplicate originals on the day and year first above written.
      182. LANDLORD
      183. VGR ASSOCIATES, LLC
      184. Irving'SC Bobrow
      185. Manager
      186. TENANT
      187. ADVANCE STORES COMPANY,
      188. INCORPORATED
      189. Senior Vice President
      190. ACKNOWLEDGMENT
      191. iwtafy Rubric; State of New York
      192. ^^Qt»W»ed In Queens Coumy
      193. Commfssiofi Expires Jan 31, jxjpcf?
      194. ACKNOWLEDGMENT
  14. FINA L SIT E PLA N
  15. TA X MA P PARCE L #69-1-6 , N.Y.S . HWY . 9 4 & TEMPL E HIL L R D
  16. TOW N O F NE W WINDSOR , ORANG E COUNTY , NE W YOR K
  17. APPLICANT:
    1. ^0^-^''^r^-'
    2. SITE DATA:
    3. PARKING ANALYSIS:
    4. PARKING ANALYSIS DESCRIPTION
    5. GENERAL NOTES:
  18. Advanceg Auto Partsm
      1. lOWN Oh M:W WINDSORS

ZB# 00-1 4

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VGR Associates /
Advanced Auto

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69-1- 6

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APPUCATION FEE (DUE AT TIME OF FILING OF APPLICATION)
APPLICANT; [fe
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RESIDENTIAL:
$50.00
COMMERCLiL: $150.00
INTERPRETATION: $150.00
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DISBURSEMENTS:
STENOGRAPHER CHARGES: $4.50 PER PAGE
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PUBLIC HEARING- PERPAGE
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PUBLIC HEARING (CONT'D) PER PAGE
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ATTORNEY'S FEES: $35.00 PER MEEETING
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Btancli Banking
^&

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and IHist
T
Company ofViiguiia
1620 HERSHBERGER ROAD
ROANOKE, VA 240IZ
FOR.
11*0000 IB 3
iif -f.O
5 ;i,Ol. 2E.0i: 5 131 8815E. 3ii'
— DOLLARS H^*^

NEW WINDSOR ZONING BOARD OF APPEALS
69-1-6
In the Matter of the Application of
MEMORANDUM OF
DECISION GRANTING
SIGN AREA VARIANCE
VGR ASSOCS./AD
VANCE
AUTO PARTS
#00-14.
WHEREAS,
VGR
ASSOCIATES, INC., a corporation with offices c/o Bobrow and
Rosen, 40 East 69* Street-4* Floor, New York, N. Y. 10021, as owner, and ADVANCE AUTO
PARTS,
115 Temple Hill Road, New Windsor, N. Y. 12553, lessee, have made application
before the Zoning Board of Appeals for variation of Section 48-18, Supplemental Sign
Regulations, to allow more than 64 sq. ft. sign face as follows: Freestanding sign: 56 sq. ft. and 5
ft. sign height variances; and Section 48-18H(lXb) one additional facade sign plus 27 ft. sign
width variance for Advance Auto Parts located at Price Choppers Plaza at Five Comers in Vails
Gate in a C zone; and
WHEREAS,
a public hearing was held on the 12th day of June, 2000 before the Zoning
Board of Appeals at the Town Hall, New Windsor, New York; and
WHEREAS, Kevin Booker of Commonwealth Sign Company, Box 12825, Roanoke, VA
24028, appeared in behalf of applicant. Advance Auto Parts; and
WHEREAS,
there were no spectators appearing at the public hearing; and
WHEREAS,
no one spoke in favor of or in opposition to this Application; and
WHEREAS,
a decision was made by the Zoning Board of Appeals on the date of the
public hearing granting the application; and
WHEREAS,
the Zomng Board of Appeals of the Town of New Windsor sets forth the
following findings in this matter here memorialized m fiirtherance of its previously made decision
in this matter:
1, The notice of public hearing was duly sent to residents and businesses as prescribed by
law and in The Sentinel, also as required by law.
2. The evidence presented by the Applicant showed that:
(a) The property is a commercial property located in a shopping center at the comer of
two busy commercial roads.

highway.
(b) The freestanding sign is proposed to be located along State Highway 94.
(c) If approved, the freestanding sign will assist people in getting on and off the
(d) With respect to height, the Applicant reduced its original request but seeks to place
the sign high enough so that it will not interfere with traffic. The height of the sign is necessary
for safety reasons so as not to interfere with the vision of adjacent motorists.
(e) With respect to the facade sign, the building premises is located a considerable
distance from the adjacent roadways and the increased size is necessary to identify
the business.
(f)
The proposed signs will be illuminated with steady illumination.
(g) The Applicant has reduced its request with respect to the size of the facade sign.
WHEREAS, The Zoning Board of Appeals of the Town of New Windsor makes the
following conclusions of law here memorialized in fiirtherance of its previously made decision in
this matter:
1.
The requested variances will not produce an undesirable change in the character of the
neighborhood or create a detriment to nearby properties.
2. There is no other feasible method available to the Applicant which can produce the
benefits sought.
3. The variances requested are substantial in relation to the Town regulations but
nevertheless are warranted for the reasons listed above.
4. The requested variances will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or zoning district.
5. The difficulty the Applicant faces in conforming to the bulk regulations are self-created
but nevertheless should be allowed.
6. The benefit to the Applicant, if the requested variances are granted, outweighs the
detriment to the health, safety and welfare of the neighborhood or community.
7. The requested variances are appropriate and are the minimum variances necessary and
adequate to allow the Applicant relief from the requirements of the Zoning Local Law and at the
same time preserve and protect the character of the neighborhood and the health, safety and
welfare of the community.
8. The interests of justice will be served by allowing the granting of the requested area

variances.
NOW, THEREFORE, BE IT
RESOLVED,
that the Zoning Board of Appeals of the Town of New Windsor GRANT
the requested sign area variances as stated in the lead-in paragraph above in accordance with
plans submitted to and filed with the building inspector.
BE IT FURTHER
RESOLVED, that the Secretary of the Zoning Board of Appeals of the Town of New
Windsor transmit a copy of this decision to the Town Clerk, Town Planning Board and Applicant.
Dated: August 14, 2000.
~^
ChairiQtffi

TO
Date
TOWN OF NEW WINDSOR
TOWN HALL, 555 UNION AVENUE
NEW WINDSOR, NEW YORK 12553
Frances Roth
W&.KDiur.y.Lafie
Newburgh,
N.Y.
12550
^^/^! .
DR.
.,19.
DATE
Clldi^
1 • 1

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STATE OF NEW YORK,
TOWN OF NEW WINDSOR
?ss.
I hereby certify, that the items of this account are correct; that the disbursements and services
charged therein have in fact been made and rendered, and that no part thereof has been paid or satisfied, that the
amount herein mentioned is in full settlement for all services rendered and-materials furnished.
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June 12, 2000
37
VGR ASSOCIATES/ADVANCED AUTO PARTS
MR. NUGENT: Request for variation of Section
48-18H(l)(a) of Supplemental Sign Regulations to allow
more than 64 square feet face as follows: freestanding
sign: 56 square feet and 5 ft. sign height variances/
and Section 48-18H(l)(b) one additional facade sign
plus 27 ft. sign width variance for Advance Auto Parts
located at Five Corners in Vails Gate in C zone.
I guess there's no one here besides you, let the record
show there's no one in the audience.
Mr. Kevin C. Booker of Commonwealth Sign Company
appeared before the board for this proposal.
MR. BOOKER: I don't know if you remember I was up here
the 8th and we discussed what we thought everyone would
live with and came in with a bigger package and then we
reduced it, the size, the height, the letters and
things of that nature so more or less, I just come back
with the same thing to show you again.
MR, KRIEGER: Now where this is located, it's located
in a shopping center on a corner, that's actually two
sides of the building facing the—
MR. BOOKER: Correct, it will go, what's that place
called. Price Chopper.
MS. CORSETTI: For the record, we did send out 48
notices to adjacent property owners.
MR. NUGENT: Let's do one at a time. Start with the
pole sign. First one is freestanding,
MR. BOOKER: Freestanding originally started with 5 x
12, initially, and we determined that 48 was the
smallest pylon that they offered, you all seemed to
like that more favorably than the larger sign, so that
is what we're asking for on that side street, what is
it, 94 and then they also said there's going to be some
change in the entrance and exit so it would be helpful
as far as getting people in and out.
MR. NUGENT: Where is the sign going, right here, pylon

June 12, 2000
38
sign, I got it.
MR. TORLEY: Why does it have to be as high as it is?
MR. BOOKER: I think we reduced it, I thought we
started out at 25, what's the height limit, 20?
MR. NUGENT: No, 15.
MS. CORSETTI: That's what's allowed.
MR. NUGENT: That's why you need five foot.
MR. BOOKER: That's the standard, they usually put it
as 25, so they brought it down five foot to 15.
MR. TORLEY: You can get the pole shortened.
MR. BOOKER: It's a special pole, no, of course.
MR. TORLEY: If the sign was lowered so it met the
height requirements, would it be obstruct traffic?
MR. BOOKER: Well, you would have 11 foot, that would
be acceptable.
MR. TORLEY: Is 11 foot clear for traffic?
MR. BOOKER: Actually 20 foot would, well, it's going
to be an island.
MR. BABCOCK: At 15 foot the bottom of the sign would
only be ten foot off the ground, it's a five foot high
sign.
MR. KANE: I think that's low.
MR. BABCOCK: That's the entrance for the tractor
trailers, I don't think they sit ten foot high but I'm
not sure.
MR. BOOKER: They're 13'6" that you see on the back of
the trucks.
MR. NUGENT: But the driver's not that high but he's up

June 12, 2000
39
there.
MR. BABCOCK: That's the entrance for Price Chopper.
MR. NUGENT: I don't think the five foot high is a
problem.
MR. KANE: He compromised.
MR. NUGENT: He did reduce the sign.
MR. KRIEGER: He needs the height that he has because
of for safety reasons.
MR. KANE: I agree with that, got to have a little
clearance.
MR. NUGENT: Now we can go on, you need one additional
facade sign.
MR. BOOKER: Correct because of the placement of the
building, we initially came in and wanted two 3 0 inch
sets of letters, you thought that was a little much, so
we came up with 3 0 inch set on the front and smaller
set of 24's on the side so that was our—
MR. NUGENT: When you're saying the front, that's this
side.
MR. BOOKER: Right, Price Chopper side would be the 3 0
and the 94.
MR. NUGENT: They're a long way off the road.
MR. KANE: Compromising and putting 24 inch on that?
MR. BOOKER: Yes.
MR. KANE: So we cut it down six inches on the 94 side.
MR. NUGENT: That's agreeable but it's the length.
MR. BOOKER: You always code is such that it's X by X
length, it's not a floating scale, so just by nature of
the letters.

June 12, 2000
40
MR. NUGENT: 2 by 10.
MR. BABCOCK: 2 1/2 by 10.
MR. NUGENT: He's making it two.
MR. BOOKER: By 26 1/2 would be on the side and then
the front would be 3 0 inches by 37 foot.
MR. KRIEGER: If I remember correctly the size of the
signs is selected to make them appropriate for the size
of the building.
MR. BOOKER: Correct, we talked about occasionally when
you try to adjust it, looks lost up there and looks
worse than--
MR. TORLEY: These are internally illuminated signs?
MR. BOOKER: Yes, mounted on a raceway.
MR. KRIEGER: Steady illumination, not neon?
MR. BOOKER: Yes, sir, it's neon but has clear plastic
face so you get the outline of the glass, it's not
purple, doesn't say girls, girls, girls.
MR. TORLEY: Make a motion regarding the freestanding
sign.
MR. NUGENT: You want to do it one at a time, fine.
MR. TORLEY: I move we grant the applicant their
requested variance for Section 48-18H(l)(a)
freestanding signs for height and area.
MR. KANE: Second the motion.
ROLL CALL
MR. REIS
MR. TORLEY
MR. KANE
MR. NUGENT
AYE
AYE
AYE
AYE

June 12, 2000
41
MR. TORLEY: I move we grant applicant their requested
variances for Section 40-18 H(l)(b) facade sign size.
MR. KANE: Second the motion.
ROLL CALL
MR. REIS
MR. TORLEY
MR. KANE
MR. NUGENT
AYE
AYE
AYE
AYE
MR. KANE: Motion to adjourn
MR. TORLEY: Second it.
ROLL CALL
MR. REIS
MR. TORLEY
MR. KANE
MR. NUGENT
AYE
AYE
AYE
AYE
Respectfully Submitted By
0
trances Roth
Stenographer

TOWN OF NEW WINDSOR
ZONING BOARD OF APPEALS
APPLICATION FOR VARIANCE
Date:
it
a)-i'i.
I .
>/.
Applicant Information:
(a) Conmonwealth Sign Co., Inc.,P.O.Box 12825, Roanoke, VA 24028 - Gary Cooper
(b)
(c)
(d)
(Name, address and phone of Applicant)
(Owner)
Advance Auto Parts, 115 Tfemple Hill Road, New Windsor, NY 12553
(Name, address and phone of purchaser or lessee)
Bobrow & Rosen, 40E 69th Street, New York, NY 10021
(Name, address and phone of attorney)
(Name, address and phone of contractor/engineer/architect)
II .
Application type:
(
)
Use Variance
(
)
Area Variance
( X )
Sign Variance
(
)
Interpretation
III . t/^^operty Information:
(a)
c
115 Ttemple Hill Road
(b)
(c)
(d)
(e)
(f)
(g)
(h)
69-1-6
(Zone) (Address)
(S B L) (Lot size)
What other zones lie within 500 ft.? R4
Is a pending sale or lease subject to ZBA approval of this
application? No
.
When was property purchased by present owner?
.
HaHas
s
propertproperty
y
beebeen
n
subjecsubdividet od f variancpreviouslye previously
? No
?
Ye
.
s
If so, when?
.
Has an Order to Remedy Violation been issued against the
property by the Building/Zoning Inspector? No
.
Is there any outside storage at the property now or is any
proposed? Describe in detail: No
._
IV. Use Variance../<^/^
(a) Use Variance requested from New Windsor Zoning Local Law,
Section
, Table of -
Regs., Col.
to allow:
(Describe proposal)

(b) The legal standard for a "use" variance is unnecessary-
hardship. Describe why you feel unnecessary hardship will result
unless the use variance is granted. Also set forth any efforts you
have made to alleviate the hardship other than this application.
(c) Applicant must fill out and file a Short Environmental
Assessment Form (SEQR) with this application.
(d) The property in question is located in or within 500 ft. of a
County Agricultural District: Yes
No .
If the answer is Yes, an agricultural data statement must be submitted
along with the application as well as the names of all property owners
within the Agricultural District referred to. You may request this
list from the Assessor's Office.
V.
Area variance:
f^jfi
(a) Area variance requested from New Windsor Zoning Local Law,
Section
, Table of
Regs., Col.
.
Proposed or
Variance
Requirements
Available
Request
Min. Lot Area
Min. Lot Width
___^
Reqd. Front Yd.
Reqd. Side Yd.
Reqd. Rear Yd._
Reqd. Street
Frontage* _
Max. Bldg. Hgt.
Min. Floor Area*
Dev. Coverage*
Floor Area Ratio**
Parking Area
* Residential Districts only
** No-residential districts only
(b) In making its determination, the ZBA shall take into
consideration, among other aspects, the benefit to the applicant if
the variance is granted as weighed against the detriment to the
health, safety and welfare of the neighborhood or community by such
grant. Also, whether an undesirable change will be produced in the
character of the neighborhood or a detriment to nearby properties will
be created by the granting of the area variance; (2) whether the
benefit sought by the applicant can be achieved by some other method
feasible for the applicant to pursue other than an area variance; (3)

whether the requested area variance is substantial; (4) whether the
proposed variance will have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district ;
and (5) whether the alleged difficulty was self-created.
Describe why you believe the ZBA should grant your application for an
area variance:
(You may attach additional paperwork if more space is needed)
^VI. Sign Variance:
(a)
Variance requested from New Windsor Zoning Local Law,
Section 48-18
.
Supp.Sign
Regs.
Proposed or
Variance
Requirements
Available
Request
Freestanding sign 1
1-64 s.f.
1-120 s.f.
56 s.f.
Height
Sign 1
15 ft.
20 ft.
5 ft.
Facade
Sign 2x 2
2.5 ft. x 10 ft.
2.5 ft. x 37 ft.
Width
Sign 2
10 ft.
37 ft.
27 ft.
l/ (b)
Describe in detail the sign(s) for which you seek a
variance, and set forth your reasons for requiring extra or over size
signs.
96^^s,f., pylon - needed to identify .stnrf^/64 .s.f. annwpd is not enough
30" letters on front - 27' width variance reqinrpd - havp nnhhing hr> MOTW in
10' width
24" letters on side - need second sicfn, variance required for sign and size
i/^c)
What is total area in square feet of all signs on premises
including signs on windows, face of building, and free-standing signs?
241.5 total of all proposed signage
VII. Interpretation. ////^
(a)
Interpretation requested of New Windsor Zoning Local Law,
Section
, Table of
Regs.,
Col.
.
(b) Describe in detail the proposal before the Board:
VIII. Additional comments:
(a) Describe any conditions or safeguards you offer to ensure
that the quality of the zone and neighboring zones is maintained or

upgraded and that the intent and spirit of the New Windsor Zoning is
fostered.
(Trees, landscaping, curbs, lighting, paving, fencing,
screening, sign limitations, utilities , drainage.)
Locaticai warrants these signs, need pylon sign to direct people safely into
store, unique placement requires additional signage on side of building.
IX.
Attachments required:
X
Copy of referral from Bldg./Zoning Insp. or Planning Bd,
X
Copy of tax map showing adjacent properties.
JL
y
Copy of contract of sale, lease or franchise agreement.
JL
N/A
_ Copy of deed and title policy.
_ Copy(ies) of site plan or survey showing the size and
~ location of the lot, the location of all buildings,
facilities, utilities, access drives, parking areas,
trees, landscaping, fencing, screening, signs, curbs,
paving and streets within 200 ft. of the lot in question.
Copy(ies) of sign(s) with dimensions and location.
Two (2) checks, one in the amount of $/^A
(^
and the second
check in the amount of $
^i-'tiCV,
each payable to the TOWN
OF NEW WINDSOR.
Photographs of existing premises from several angles.
X. Affidavit.
m
Date:
STATE OF MEW YORK)
COUNT
m
Y OF O:
€& )
ss
The undersigned applicant, being duly sworn, deposes and states
that the information, statements and representations contained in this
application are true and accurate to the best of his/her knowledge or
to the best of his/or information and belief. The applicant further
understands and agrees that the Zoning Board of Appeals may take
action to rescind any variance granted if the conditions^^ei^situation
presented herein are materially changed.
Sworn to before me this
/7^ day of
/n/^
, l^Jm
XI. ZBA Action:
(a) Public Hearing date:

X
Date
TOWN OF NEW WINDSOR
TOWN HALL, 555 UNION AVENUE
NEW WINDSOR, NEW YORK 12553
<'-'^y>-
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TO
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DATE
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CLAII
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ALL
OWED

\
STATE OF NEW YORK,
TOWN OF NEW WINDSOR
fSS.
I hereby certify, that the items of this accomit are correct; that the disbursements and services
charged therein have in fact been made and rendered, and that no part thereof has
been
paid
or satisfied, that the
amount herein mentioned is in full settlement for all services rendered and materials furnished.
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I
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0

OFFICE OF THE BUILDING INSPECTOR
TOWN OF NEW WINDSOR
ORANGE COUNTY, NEW YQRK
NOTICE OF DISAPPROVAL OF BUILDING PERMIT APPLICATION
APPLICANT IS TO PLEASE CONTACT THE ZONING BOARD SECRETARY AT (914)563-4630 TO
MAKE AN APPOINTMENT WITH THE ZONING BOARD OF APPEALS.
V
DATE: April 3,2000
APPLICANT: Kelly Lakes, Common Wealth Sign Company
PO Box 12825
Roanoke, Virginia 24028
PLEASE TAKE NOTICE THAT YOUR APPLICATION DATE: 3/29/00
FOR : Advance Auto Parts, V.G. R. Associates L.L.C.
LOCATED AT: 115 Temple Hill Rd
ZONE:
Sec/ Blk/ Lot: 69-1-6
DESCRIPTION OF EXISTING SITE:: Retail Shopping Center
IS DISAPPROVED ON THE FOLLOWING GROUNDS:
1.48-18,H1A Freestanding Signs Total of sign faces not to exceed 64 sqft, proposed sign of 120sqft
require a 56ft variance
2. Sign Height not to exceed 15', proposed height of 20' requires a 5' variance

PERMITTED
ZONE: C
USE:
SIGN:
FREESTANDING:l-64sqft
HEIGHT:
15'
WIDTH:
WALL SIGNS:
TOTAL ALL SIGNS:
FEET FROM ANY LOT LINE:
PROPOSED OR
AVAILABLE:
l-120sqft
20'
VARIANCE
REQUEST:
56sqft
5'
a
c^\
.5^
d^3^
^)
p^'
cc: Z.B.A., APPLICANT, FILEAV/ATTACHED MAP
^

IVE ro TEN DAYS TO PROCESS
HJPORTANT
QUIRED INSPECTIONS OF CONSTRUCTION
oelow must be made or Certific^tfj of Occupancy may be witlilield. Do not mistake
spoction repprt is left on the jobln'dicaling approval of one of ^R^i®@fVE D
' I III the^w^k. Any disapproved work must be relnspected after con^ecbon.
(before pouring.)
MAR 2 9 2000
uHinfPiro'roi wa!erproofiP(j and footing drains.
o '
3. Inspect gravel base under concrete floors and undeislab plumbing.
Rllll nil\irnPPARTAAPI\IT
4. When framing, rough plumliing. rough electric and before being covered;
oUILUllvb Utmn I
lvir.lv I
5. Insulation,
6. Final Inspection for Certificate of Occupancy. Have on hand electrical inspection data and final certified plot plan. Building is to be
completed at tills time. Well water test required and engineer's certification letter for septic system required.
7. Dnveway inspection must meet approval of Town Highvi/ay Superintendent A driveway bond may be required.
8. $50.00 charge for any site that calls for the inspection twice.
9. Call 24 hours in advance, with permit number, to schedule inspection.
10. There will be no inspections unless yellow permit card is posted.
11. Sewer permits must be obtained along with building permits for new houses.
12. Septic permit must be submitted with engineer's drawing and perc test
FOR OFFICE USE ONLY
Building Permit #:_
13. Road opening permits must be obtained from Town Cleric's office.
DCTOCriA/Crn
14. All building permits will need a Certificate of Occupancy or a Certificate of Compliance and here is no fee for this.
ri tlUfc M/ C L ^
AFFIDAVIT OF OWNERSHIP AND/OR CONTRACTOR'S COMP & UABIUTY INSURANCE CERTIFICAmm 9. c
2000
REQUIRED BEFORE PERMIT WILL BE ISSUED
'
~~
BUILDiNGDEPARTMhNi
Owner of Premises
PLEASE PRINT CLEARLY - FILL OUT ALL INFORMATION WHICH APPLIES TO YOU

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Addra..sqn E.fe-^.H-V^o^-jM-^FU^^riN^QiviVork.Kiy, PhoneZiz-mqM^srN
Mailing Address
Name of Architect.
Address
^
Phone
Name of Contractorll£xr\imnQU^£>-^'Vto <S
k\0
C .CrOpCl OLl^Xnc .
,
^
Address P.O.BOX QR2S j
{\c,Cxnd^e^]\A
2-^D23
Phone .m>^.ZUni\ L n
State whether applicant is owner, lessee, agent, architect, engineer qrluiild^;
If applicant is a corporation, signature of duly authorized otncer. GxiruT^-CiPCrPr - \ re,$>lclenV
(Narie and title of corporate of fleer)

1 On what street Is property located? On the fsicr-VU
^slde of IgmO v
/W Q P nr.WA
.
V
and
{N.S.Epr-W)
. .
. -
feet from the Intersection of iM^rreS IXitUl-
2. Zonp or use district in M^idi premises are situated
'
Is property a flood zone? Y_
3. Tax Map Description; Section _
Block
I
Lol_
4. Slate existing use and occupancy of premises and intended use and occupancy of proposed constnjction.
a. Existing use and occupancy C_-r>01\T>PrC \C\\
b. Intended use and occupancy
O \cvr> V Ag^fVrv
Sm
C OCM ("^O x-
5. Nature of work (check if applicable)
New Bldg O Addition D Alteration D
Repair D Removal D
Demolition D
Other Gr S\Q O
6. Is this a comer lot?
7. Dimensions of entire new construction. Front
Rear
Depth
Height. ID
No.ofstorfes
8. If dwefling, number of dwelling units:
Number of dwelling units on each floor
Number of bedrooms
Baths
Toilets
^Heating Plant Gas
Oil
Eleclric/Hol Air
.__
Hot Water
If Garage, number of cars
9. If business, commerdal or mixed occupancy, specify nature and extent of each type of use
10.Estimatedcost__SC2^iDQ
:
Fee.
P «

APPLICATION FOR BUILDING PERMIT
date
TOWN OF NEW WINDSOR, ORANGE COUNTY, NEW YORK
Pursuant
to New York State Building
Code
and Town Ordinances
Building inspector Michael L Babcock
,-,._.
BIdg Insp Examined.
Asst Inspectors Frank Llsl & Louis Krychear
^^:'
"
Fire Insp Examined.
New Windsor Town Hall
. "^ **
*
Approved.
555 Union Avenue
-
Disapproved,
NewWindsor, New
York 12553
PemiitNo.
(914)563^18
(914)563^693
FAX
msmucTioNs
il
A. This application must be completely filled in by typewriter or In ink and submitted in duplicate to the Building Inspector.
B. Plot plan showing location of lot and buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed
description of layout of property must be drawn on the diagram, whidi Is part of this application.
C. Tbls application must be accompanied by two complete sets of plans showing proposed construction and two complete sets of
specifications. Plans and spedfications shall describe the nature of the worit to be performed, the materials and equipment to be used and
Installed and details of structural, mechanical and plumbing installations.
D. The work covered by this applicatwn may not be commenced before the issuance of a Building Pennit
E. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant together with approved set of plans and
spedficalions. Such permit and approved plans and specifications shall
he
kept on the premises, available for inspection throughout the
progress of the work.
F. No building shall be occupied or used In whole or In part for any purpose whatever until a Certificate of Occupancy shall have been granted
by the BuiWIng Inspector.
APPLICATION IS HEREBY MADE to the Building Inspector for the issuance of a BuiWing Pennit pursuant to 8ie New Yori( Building Cohstmcfion
Code Ordinances of the Town of New Windsor for the construction of buildings, additions, or alterations, or for removal or demolition or use of
property as herein described. The applicant agrees to comply vwth all applicable laws, ordinances, regulations and certifies that he Is the owner
or agent of all that certain tot, piece or parcel of land and/or building described in this apj^ication and if not the owner, that he has been duly and
properly auttiorized to make this application and to assume responsibility for the owner in connection witti Biis application.
K.oW.\)>kVc, K )
P.O.Box \7fi25:.l\-nroWyA ZM02R
(Signature faf /Meant)
(Address of Applicant)
'{Owner's Signature)
(Owner's Address)
PLOT
PLAN

NOTE:
Locate all buildings and indicate all set back dimensions. Applicant must indicate the
building line or lines clearly and distinctly on the drawings.
N
w
"1 r?
.^-y^

T^'
i2'cr
w—
5'0"
Advance
AutoParts
,^
:\T
20*0"
2&S COMMONWEALTH
Vl^H P
ngwnl«,XhLS40-3*2«395ar80(MZ1-7716
^
ADVANCE AUTD PARTS
"• NEW WINDSOR. NY

ZBA MEMBERSHIP - 1999
•>\ >
^
James Nugent, Chairman
V 194 Quassaick Avenue
New Windsor, N. Y. 12553
//
Ijwrence Toriey, V. Chairman
^jO
56^ Lincoln Date Acres
'
'
Washlngtonville, N. Y. 10992
J
V
Michael S. Kane
^105 Shaker Court North
Windsor, N. Y. 12553
Mkrhael Reis
48 Wiltow Parkway
New Windsor, N. Y. 12553
Len McDonakJ
12 Split Tree Drive
New Windsor, N. Y. 12553
569-7411 (0)
562-2234 (h)
Term Expires: 12/31/2001
732-3508 (o)
496-5481 (h)
Term Expires: 12/31/99
565-6763 (h)
Term Expires: 12/31/2003
562-4898 (h)
4%-5970 (0)
Term Expires: 12/31/2000
565-4074 (h)
Term Expires: 2/31/2002
/
Attorney:
Andrew S. Krieger, Esq.
219 Quassaick Avenue
New Windsor, N. Y. 12553
562-2333 (o)
FAX: 562-2407
Secretary:
Patncia A. temhart^!lgwLejA4
7 Franklin Avenue
New Windsor, N. Y. 12553
Stenographer:
/ Frances Roth
V 168 N. Drury Lane
Newburgh, N. Y. 12550
563-4630 (0)
562-7107 (h)
FAX: 563-4693
566-1641 (h)

Date .

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TOWN OF NEW WINDSOR
TOWN HALL, 555 UNION AVENUE
NEW WINDSOR, NEW YORK 12553
rlM.i>o...
.,19.
TO
j,yaneeS"RG#i
lel N. Drury Lane
Wewbur^h;NvV/42650-
DR.
DATB
CLAIMED
ALLOWED
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5
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cro

April 24, 2000
2
PRELIMINARY MEETING;
VGR ASSOCIATES/ ADVANCED AUTO
Mr. Kevin Booker appeared before the board for this
proposal.
MR. NUGENT: Request for variation of Section
48-18H(l)(a) of Supplemental Sign Regulations to allow
more than 64 square feet sign face as follows:
freestanding sign: variance required 56 square feet and
5 ft. sign height; and Section 48~18H(l)(b) one
additional facade sign plus 27 ft. sign width variance
for Advanced Auto Parts located at the plaza at Five
Corners in Vails Gate in C zone.
MR. BOOKER: Just a little background, we handle most
of the signs on the east coast for Advanced Auto Parts
and what we have is kind of a pre-permitting process
where we call the municipality and find out what's
allowed so what we did is upon reviewing your
ordinance, came to the conclusion that their sign
package was over and they really didn't have anything
in their sign box, if you will, that fit within the
parameters^ of^^ your/sign ordinance l^n
come isefbre you tonight to request some relief from
your sign ordinance. Everyone I guess knows the
property in question and it's not there yet, at least I
don't think it is, I didn't find it, I guess it would
be on the end of the Price Chopper and just due to the
way the parcel sits, it faces both 94 as well as 300,
so that's why they feel the need to identify what in
fact the parcel is, they'd like to erect a freestanding
sign and the closest thing they have that gets to an
acceptable or to be accepted within your sign
regulations would be a 5 x 12 which is 60 square feet.
So 60 square feet times the two faces is 12 0, that's
why it's 56 square feet over your allowed ordinance.
In addition to building letters, it's my understanding
that your sign ordinance allows for two foot six by ten
foot just^bypthe nature of Advanced Auto Parts ; ; ;
stretches out considerably more so we don't have
anything to follow those parameters and—
MR. NUGENT: Where is the building?

April 24, 2000
MR. BOOKERS I believe it's going on th'e corner.
MR. BABCOCK: It's on the end of Price Chopper where
the tires used to be facing Pizza Hut, they're going to
take down that building and build a nice building,
little bit bigger, square it off and they're in front
of the planning board right now w^ith that and we
decided to break the sign variance, they don't need any
other variances, break that out so meanwhile, while
we're in front of the planning board for their
approval, they can come here.
MR. KANE: This map on the back of this is not correct.
MR. BABCOCK: That's correct, that map is not correct.
MR. REIS: Where is it again, opposite?
MR. BABCOCK: Price Chopper right against Price
Chopper's building, used to be a tire store there
across from Pizza Hut there.
MR. BOOKER: Questions I can answer?
MR. NUGENT: All right, let's go through one at a time
so everybody on the board understands what we're doing.
Freestanding sign, that's going to be out near 94.
MR. BOOKER: I didn't see it noted on the plot plan but
I would say that would be the most obvious place for
it.
MR. BABCOCK: Mr. Chairman, yeah, the plan calls for
new entranceway, there's two entranceways off onto 49,
the one to the west, which is the farthest one away
from Vails Gate, they're going to redo that entrance
and bring curbs in all the way into the first parking
lot so if a car's parked there, you can't cut across,
you have to actually come in and in that island is
where they ^propose this^sign. : -. ; r^^^^^^^^^^^^
:
MR. KANE: When we come to the public hearing, can we
get a draw-up of that?

April 24, 2000
4
MR. NUGEKT: Yes, I don't have that drawing that he
just showed us.
MR. BOOKER: You all can keep one of these.
MR. KANE: Just for the public hearing, you don't have
to have it now.
MR. BOOKER: It's denoted, sure.
MR. NUGENT: Freestanding sign variance required is 56
square feet and five foot sign height.
MR. BABCOCK: That's correct, Mr. Chairman, yeah,
they're proposing it to be 20 foot high, our ordinance
is 15, they're proposing it to be 120 square feet,
they're allowed 64 so they need a 56 square foot
variance.
MR. NUGENT: What you're telling us you can't make the
sign any smaller?
MR. BOOKER: Primarily, advanced puts up an 8 x 24 sign
in most of their stores.
MR. TORLEY: We're talking about the freestanding sign?
MR. BOOKER: Right, I'm telling you what they offer,
you know, allowable signs, you could make any sign any
size, that's a 5 x 12 so that's--
MR. NUGENT: That's the one you're putting up there?
MR. BOOKER: That's what we'd like to erect.
MR. NUGENT: Sixty square feet each side.
MR. BOOKER: Correct, so I'm saying normally, they go
in with an 8 X 24 which is 102 times two, they have a 4
X 12 that would still be over your allowed square
footage and this is:a situation where they use a 4 x 12
with a low profile ground sign and that's where that's
offered, so the 5 x 12 would actually be a deviation
from their normal 5 x 15.

April 24, 2000
5
MR. TORLEY: I see 4 by—
MR. BOOKER: Four by twelve, that would be 96, that
would still be over your allowable times two.
MR. TORLEY: A lot closer.
MR. BOOKER: That sign is a monument style sign, it
drops to the ground, I don't think that would give them
what they're after in that situation.
MR. KANE: I don't think on that entrance I'd like to
see anything that low anyway.
MR. TORLEY: When you come to the public hearing, be
prepared to say why you can't put the 4 x 12 off the
ground.
MR. BOOKER: That would be a visibility issue.
MR. KANE: If you can take that, put it on this sign,
not have a ground issue.
MR. BOOKER: We can address anything, this is all new
' tb"\me,•••fso^ii-/guess kindiof-^a-SJ,f:^-.^-:-/;@:;^^^^^
.--'':•:y\
;•;
MR. REIS: We'd like to cooperate but give you the
least possible.
MR. BOOKER: Can I amend that with a 6?
MR. TORLEY: We're required to go for the smallest
possible variance.
MR. BOOKER: That's why I believe they came with a 5 x
12 as opposed to 5 x 15, we have already shrunk the
signs so we came in--
MR. KANE: That's the idea of the preliminary, to give
you an idea of how we feel.
MR. NUGENT: If you were several hundred feet off the
road, I'd agree with the size of the sign, but you're
not, you aren't going to be more than 50, 60 feet off
the road.

April 24, 2000
MR. TORLEY: Freestanding is going to be a lot closer
than that maybe.
MR. BABCOCK: It's right on the curb line.
MR. BOOKER: Then I guess the height issue is just—
MR. KANE: I don't have a problem with the height, if
we can make an adjustment on the size of the sign.
MR. TORLEY: Doesn't want it that high.
MR. BOOKER: Split the difference 18, 17 something
along those lines so—
MR. NUGENT: Second one is an additional facade sign
plus 27 feet sign width so you're going to do one, if
I'm reading this right, one that's 2 1/2 x 10 and then
plus 27 more.
MR. BOOKER: No, sir, what it would actually be there
would be two sets of equal letters, and I don't, the
way I read it, I didn't understand, it will be two sets
of : letters ^of/ equal >size'^onboth^ facades, one f acirig y^
300 and then one facing 94, so it would be two sets of
letters, same size.
MR. KANE: What sizes are they now?
MR. BOOKER: It's 3 0 inch by 3 7 foot, so it's the
proper height, just by nature, and stretches out
further.
MR. NUGENT: Just longer, is the building big?
MR. BOOKER: It's 7,000 square foot, so a minimum
hundred foot store front, so this situation is where--
MR. TORLEY: Take a look at the picture.
MR. NUGENT: Yeah, i see that.
MR. BOOKER: It's a 7,000 square foot, so I assume it's
70 X 100, that's one of the situations, that's, you

April 24, 2000
7
know, if it just said parts or something, it would drop
right in your sign ordinance, just by the nature,
there's nothing that's offered and then it'.s just a
matter of the actual components of the letters I can't
shrink the letter that much and light it up so that's—
MR. KANE: They're going to be illuminated internally?
MR. BOOKER: Yes, sir which would be in the same
characteristics of the other shopping center sign, just
the Price Chopper I notice had channel letters, things
of that nature.
MR. BABCOCK: Just to clear the record, his height of
the sign is fine, he wants one additional sign, he's
allowed one, he wants to have two, he's allowed to be
ten foot long, he wants those signs to be 37 feet long.
MR. NUGENT: One of them?
MR. BABCOCK: Yes, that's correct.
MR. NUGENT: Two times 30 inches times 27 foot.
MR;" BOOKER: :^That'^s another ;bne of Uthetsituations where
the smallest set of letters, they go to say 2 4 inch,
but in a situation like this, with this large of a
building, you don't see them.
MR. KANE: I think on the large front part, the large
part I don't have the problem with the length on the
smaller part, you can try to adjust that down.
MR. TORLEY: The side facing 94 you have a problem
with?
MR. KANE: Yeah, the long, cause it fits that.
MR. BOOKER: So combination of.
MR. KANE: Side, might be able to tone that down.
MR. TORLEY: There's other signs there.
MR. BOOKER: Well, actually, the Price Chopper, they're

April 24, 2 000
8
probably three or four foot letters just glancing at
them, it's one of the situations three foot here looks
large and three foot at 60 feet shrinks but I would say
that would be probably an acceptable compromise, if we
can do a 30 on the side where you're really not looking
for signage, you're looking at the shopping center, see
what it has to offer you, consolidated, so that would
be I would think?something they can live with, keep it
in mind we're asking for a variance, so it's give and
take.
MR. KANE: Mr. Chairman, accept a motion?
MR. NUGENT: Yes.
MR. KANE: Move we set up VGR Associates for a public
hearing.
MR. REIS: Second it.
ROLL CALL
MR.
MR.
MRf
MR?
REIS
KANE
fTORLEY
NUGENT
AYE
AYE
-AYE
AYE
MR. KRIEGER: If you could address yourself to the
criteria on that sheet, that would be helpful, because
those are the criteria on which the state requires the
zoning board to decide.
MR. BOOKER: Thank you.

Toywn of New Windsor
655 Union Avenue
r4ew Windsor. NY 12563
(914)5eS4ei1

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RECEIPT
#387-2000
05/19/2000
Connpany, he. CommomMeatth Sign
Received $ 150.00 for Zonhg Board Fees, on 05/19/2000. Thank you ft>r stopping by the Town
Clerk's office.
/\s always, 1 is our pleasure to serve you.
Dorothy H.Hansen
Tovtfi Clerk

'
.
:V

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Town of New Windsor
555 Union Avenue
New Windsor, New York 12553
Telephone: (914) 563-4631
Fax: (914) 563-4693
Assessors Office
May 11, 2000
Commonwealth Sign Company
Attn: Kelly Lakes
PO Box 12825
Roanoke, Virginia 24028
Re: 69-1-6
Dear Ms. Lakes,
According to our records, the attached list of property owners are within five hundred (500) feet
of the above referenced property.
The charge for this service is $65.00, minus your deposit of $25.00.
Please remit the balance of $40.00 to the Town Clerk's Office.
Sincerely,
Leslie Cook
Sole Assessor
LC/lrd
Attachments
CC: Pat Corsetti, ZBA

National Temple Hill Association, Inc
PO Box 315
Vails Gate, NY 12584
Graciano Duarte
60 Blueberry Drive
WoodcliffLake.NJ 076
<
i
NYS Department of Transportation
Office of the Comptroller
Legal Services - 6 Floor
A.E. Smith Building
Albany, NY 12236
John Grana
PO Box 317
Vails Gate, NY
125^
X
Storage Equities Inc. & PS Partners Ltd.
Dept.PT-NY24109-02
PO Box 25025
Glendale, CA 91201-5Q25.
West Poiut Tours, Inc.
PO Box 125
Vails Gate. NY 12584
Route 300 Associate^
C/o John Yanaklii 7
550 Hamilton
Avemie
Brooklyn, NY ll£^
Primavera Properties, Inc.>
PO Box 177
Vails Gate, NY 12584
Coleen Bernhardt
PO Box 407
Vails Gate, NY 125?
Con Rail Corporation
Property Tax Department
PO Box 8499
Philadelphia, PA 19101
Irwin Bergknoff
Route 32
Highland Mills, NY 10930
i
Angelo Rosmarino Enterprises, Inc.
PO Box 392
Vails Gate, NY 12584
X
Amerada Hess Corporation
/
C/o Dean E. Cole, ManageAY
Property Tax Department
/ \
1 Hess Plaza
I ^
Woodbridge, NJ 07095
Jean Boneri
1043 Route 94
Vails Gate, NY 1258
y
4
Helen Simonson
PO Box 485
Vails Gate, NY 12584
X
SNJ Corporation
C/o Big V SupermarketsW
176 South Main Street X
Florida, NY 10921
MCB Partnership
521 Green Ridge Street
,
Scranton,PA 18509
Ella Brewer
Box 527
Vails Gate, NY 12584
/
Konstantinos & Theodore Panagiotopoulos
65 Eisenhower Drive
Middletown, NY 10940
K
TGS Associates, Inc
RD 3 Box 255
Red Hook, NY 12571
X
Wilbur & Mary Brewer
PO Box 610
Vails Gate, NY 12584
Leon & June Trudeau
94 Canterbury Road
Fort Montgomery, NY lOS
TGS Associates, Inc.
15 East Market Street
Red Hook, NY 12571
Jay Emst
2465 Palisades AvenUe^ Apt. 3E
Bronx, NY 10463
Albany Savings Bank
94 Broadway
Newburgh,NY 12550
Y
S & S Properties, Inc.
123 Quaker Road
Highland MUls, NY 109
^
Walter Brewer
PO Box 293
Vails Gate, NY 12584
<
R & S Foods, Inc.
249 North Craig Street
Pittsburgh, PA 15213
M^
DB Companies DBA DB Mart
Convenience Stores
PO Box 9471
Providence, RI 02940
K
MaryMcMiUen
j
C/o Catherine Cignorale
{/
PO Box 153
/
Vails Gate, NY 12584
fX

Russell & Ruth Ann Brewe
iKW
i
Box 103
V
Vails Gate. NY 12584
^
James & Phyllis Duffy
PO Box 214 ^
Vails Gate, NY 12584
X
Helen, Ida Mae & Michael^|6wer
PO Box 293
\ X
Vails Gate, NY 12584
»
Antonio & Giencinta Dedominicis
PO Box 327
Cornwall, NY 12518
icisy
Beatrice Deyo
i
Marie Harmah
Lawrence Scherf
PO Box 293
Vails Gate, NY 12584
^
Robert & Catherine Babcock Living Trust
324 Station Road
Rock Tavern, NY 12575
ocock.
Central Hudson Gas & Electric Corp.
284 South Avenue
Poughkeepsie, NY 12601
Kelly Family Partnership
PO Box 38
Vails Gate, NY 12584
lip y
Franchise Realty Interstate Corp
C/o CoUey & McCoy Co.
PO Box 779
Croton Falls, NY 10519
i
Samuel Leonardo
Life Estate for Constant
7 Dogwood Hills
Newburgh,NY 12550
eonardo
Fred Pius 3, LLC
104 South Central Avenue
Valley Stream, NY 11580
: >
House of Apache Properties
C/o Herbert Slepoy
104 South Central Avenue
Valley Stream, NY 11580
.L ^
Herbert Slepoy
Fred Gardner
104 South Central Avenue
Valley Stream, NY 11580
Terry Scott Hughes
18 Ellison Drive
New Windsor, NY 12553
• V
Mobil Oil Corporation
Property Tax Department
PO Box 290
Dallas, TX 75221
4 Acres, L.L.C.
104 South Central Avenue
Valley Stream, NY 11580
^
Strober King Building Supply
PO Box 726
>r^
Vails Gate, NY 12584
^
SY Realty Corp.
550 Hamilton Avenue"^
Brooklyn, NY 11232 J v
-\ /

ZONING BOARD OF APPEALSiTOWN OF NEW WINDSOR
COUNTY OF ORANGErSTATE OF NEW YORK
In the Matter of the Application for Variance of
-x
AFRDAVrr OF
SERVICE
BY MAIL
STATE OF NEW YORK)
) SS.:
COUNTY OF ORANGE )
PATRICIA A. CORSETTl, being duly sworn, deposes and says:
TTiat I am not a party to the action, am over 18 years of age and reside at
7 Franklin Avenue, New Windsor, N. Y. 12553.
Tliat on the/2~ day of
\\/[0JA^
,
20et> , I compared the 4 ^
addressed envelopes containing the Pubflc Hearing Notice pertinent to this case
with the certified list provided by the Assessor regarding the above application
for a variance and I find that the addresses are identical to the list received. I
then caused the envelopes to be deposited In a U.S. Depository within the Town
of New Windsor.
Notary Public
Sworn to before me this
day of
, 20
.
Notary Public

mammsmmmmMmMmmmMmmm
IliMKiii^^^B^wittS^^^
^^AHHUrc^^ is TO WJEpE^^ONT^GTffii^^
f
MAKE AN APPOINTMENT WIIHTHE 2»NING BOAMTOF^APPEAI^^
:^
• DATE:.':April 3;20(X)\7if^J^B:^#^^
APPLICANT: - Kelly I^es, Common Wealth^S
> V.
'
- 1"-: : --"POBox 12825-^::.^^:;!fe7.:,?:^;^^::V'\^^---A^ =•- - •':
-^^ -^:'- =^:. :; •::-':'
• -^ : Roanoke,Viiginm24028 ifiL^
PLEASE TAKE NOTICE THAT YOmi^UCA ^
FOR: Advance Auto Parts, V.G. R. Associates L.L.C.
" '
f
LOCATED AT: 115 Temple Hill Rd
ZONE:
Sec/Blk/Lot: 69-1-6
DESCRIPTION OF EXISTING SITE: Retail Shopping Center
IS DISAPPROVED ON THE FOLLOWING GROUNDS:
1. 48-18,Hlb l-Fa^ade sign pennitted not to exceed 2.5'xlO'. Proposed sign is 2.5'x 37'. Variance
for additional 27'
yddth

PERMTITED
ZONE: C
USE:
SIGN:l-Fa9ade2.5'xlO
FREESTANDING:
HEIGHT:
WIDTH: 10'
WALL SIGNS:
TOTAL ALL SIGNS:
FEET FROM ANY LOT LINE:
PROPOSED OR
AVAILABLE:
l-2.5'x37'
37'
VARIANCE
REQUEST:
27'
cc: Z.B. A; APPUCANT, FILE,W/ATrACHED MAP

ii^l^l^ai&vHifi
l^'-..i^i<^£.i^
^fS-T
3, r^ inspect gravel t»se imdw corHrote'lkw aid IS^^
4.BVyhenftarning.rc*igh^^^
,„„„,.,. . -^^^^
,^
- 8.'-- $5a00 charge for any^stejhm cafe for the Inspection twiceVtnis
nl^«ti5vv9i!v! v J(a o^^v ^ '>-^'^^^-f ; l^^^^i^^^a ^ ^
9. Can 24 hours liradhraiKeV Wpe ^
inspeclion.^v>^^ •• • f
^' ^Wi^'"''""
'gg^i£_ii£r'"'''"• '^"" • ".2—
: -10. tJhere wa l)eWins^edibns'unlea»ins^ectons'iinteas s
yelldwpeyelldwpenna<^
^ fe posted.'^<^^^
, ,
- - /Avt;.: FOR OFFICE USE ONLY: i ^a J^1 <r .0
11. Sevrer permits must be obtakiedatorig with buiW^
1Z SepSc permit must tie ajtirr^ wHh engineer's drawing and perc tesL'fip'-^ ^'' ^' -^
.13.' Road opening pennlts nii^ be obtained from Town Cterk's office: oicn^r:= = ''^'
>
-—- • / .. ...
: ._,..,
14. Afl building pennits win need a Certifirate of Occupancy or a CertificalB of CompWance ahd h«e fe no feB fcimfe. 1 1
v : i -.
REQUIRED
AFHDAm
BERJREPERMIT
OF OmERSHIP
JMLLR^^^^
AND/OR CONTRAnTOR'S COUP
^^M^P/L//
ft-nABIUTYINSU^^
r r/y,w^fl/y(,fcC;p^7fW^^^
^^ ^^ '
PLEASE Pmisn-CIXARLY-FILL OUT ALL INFORMATION WHICH APPU^
;
.Owner of Premises
AddressHO b..
MaBing Address,
Name of Architect
Address,
Name
of Contractof/^OiirgfnfNn i
\^ ^
c^.^A.p, Q
^Phone
AddresfA€o^i?^pc^;P>nonc^W.^\TK 2J;/Q^
p ^ gDO-9>9,l-n--^i(f^
i-^nniprinL h^^?<^,
State whether applicant is owner, lessee, agent, architect, englnwi'5^^^
If applicant is a corporation, signature of duly authorized officer. Uciru^l^Ort-VDer -nP.^\AprrV
(iSbeandtiieWcor
f corporat
F
e officer)

1. On wfiat sfreet Is property located? On the
__sideof
and.
(N.S.EorW)
nrt
U
\
_feet from the Intersection of (MeHgS L^Wil ,
2. Zon^ or use district in which premises are situated
Is property a flood zone? Y_
3. Tax Map Description: Section
(Q ^
Bk)cK
j
.
Lot
Cg
4. State existing use and occupancy of premises and intended use and occupancy of proposed construction.
a. Existii^ use and occupancyLXyrXYYvQ YOlCXI
b. Intended use and occupancy ob n ^ C\pnTV-tnrrAT»^^
5. Nature of work (check if applicable)
New Bldg D Addition D Alteration D Repair D RemovaJ D Demotion D OtherSK SVjPi
6. Is this a comer tot? _Vki
'
'.":,
\
\
r.
7. Dimensions of entire new construction, front
Rear
''" Depth
Height
No. of slortes
8. If dwelling, number of dweffing units:
uff
NJ(
t
^
— Number of dwelling units on each floor.
Number of bedrooms r
Batfis
Toilets
___Heatlng Plant Gas
OH.
ElectricfHolAir •
.
Hot Water
If Garage, number of cars
9. If bus4ness,conimercy or n^xedocaipahcy,spe(^ nature and extent (rfeadi type of use
ia Esfimated'cost GCgC^.CO
^^^^^ ^^H^i^fpee^
y

:?•
(914) 663^4693'F/S-^ft^^'^vJ^^^':^'^
^ -
li^»:!
A. This £^}ptica8on must bis cbmplelKy fill^ In by typiswriier or In ink and submitted hi (lupB^te to the BUikSr^ Inspecfcfj^; OJ! ^^ ^- -^ -
B. Plot plan showing locaS^ of lot and buflcfings on premises, rdbitionship to joining pren]^)^ pul^'istfeetsj^an^, and. grying a detailed
;^-^c-^desqipdonlDf i^ ^
on the diagram, which Is part of this^^lCTflOT^/'^•; ;^-/{'C
^^A^ii^z^^^Y^
-.y//S i
C. This ^)f^k^t|on must be accompanied t)/two complete sets of plans showing
pm^as&iX
cbhstruc^ and twbxpmjptete sets of f^ a .^
. - e spectfk^dims. Plans and specificafons shall describe the nature of.the worK b be peHiMimed, the mitE^^
used and
.-:; installed and detafls of stru(*iry,f^^
''*^'l?^ ' VV .^' ^V
:.;i ^^^ —
-'•
'
D. TTie^vwric covered by this aj^ication may not be oommenced before the Issuance of a Builcfing PermIL
E. Upon approval of this application, the BuHd&ig Inspector wiR issue a Gilding Permit to the apf^icant fogeflier with approved set^ plans - and
i^)ecifications. Such permit and approved plans and specifications shall be kept on the premises.^ available
fxx
mspec^ ttiroughbut ttie
progress of the woric./
:,._.
,/^
- --
^ " ;;
; '
-J^iAr:-/.
?• -^v^ : ^:
'^ -^ ^-
" \^
F.
1^0
buMng shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shafl have been granted
by the Buikling Ini^)ector.
,
- .
. : . .
APPUCATION IS HEREBY MADE to ihe BulWing Inspector for ttie issuance of a Buikfing Pemiil pursuit to the N^ Yoric Buik&ig Cohstructron
Code Ordinances of ttie Town of New Windsor for the construction of buiWings, additions, or alterations, or for removal or demolition w use of
property as herein descrbed. The appffcant agrees to comply wifii aS ^fcable laws, cnftiances, regulations aid certifies that he is the owner
or agent of ail that certan
VA,
pieoB or parcel of land and/or bulkfing descrft)^
'^
this appliratton and if not the owner, that he has been duly and
property^ autfjorized to n^e (his applicatk^
.. (AddressoTAppficant)

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^ia£^i^!&l^ii£,a^/Qik^
(Owner's Signature)

Locate an buildings and indicate all set bacic dimensions. Applicant must indicate ttie
building line or lines cleariy and distinctly on the drawings.
N
W
mm
1 ^ r
DO-rSci^

i'fll^
•5cr
^70*
LAYOUT MEASUREMENTS
MlMHiMtUa^r
n/Bvc-F/ceo
IOUMINATED CHANNEL LEITCK
MOUNTING DETAIL
^
|«[^3i« r'^
«P
FRONT ELEVATION
Advance Auto Parts
LEFT ELEVAnON
Ki S COMMONWEALTH
55 2 S'^N COMPANY
^l/j^K^^
niMnaii»,VtLS«0-342«g6er80l>«1-7n8
**
ADVANCE AUTO PARTS
' - NEWWINPSOR.NY
TimiU3K!i¥uwm*xmtirroK»H.n-nfrwmtamaawiua»TEmiijKMf.norB<niMn,t*f*f^
oiVMrMG

PUBLIC NOTICE OF HEARING
ZONING BOAIU) OF APPEALS
TOWN OF NEW WINDSOR
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the TOWN OF
NEW WINDSOR, New York, will hold a Public Hearing pursuant to Section 4S-34A of the
Zoning Local Law on the following Proposition:
Appeal No. / y
Request of
l/f)^/k^QC^. Li.C//Uil<UC
g
/kjv
7^?^.
for a VARIANCE of the Zoning Local Law to Permit:
'^t«r(L -^0.^
-4-W a\V ovDa^ViVg- Sc^Q^ ^ .- ^ ^(LflJjL
r^
being a VARIANCE of Section Mg-i^
-
Ruf J. S i ^
ICQAS .
for property situated as follows:
known and designated as tax map Section
M
s
Blk, /
Lot ^ .
PUBLIC HEARING will take place on the
W
day of
\J{jnjL
t'i»
at the
New Windsor Town Hall, 555 Union Avenue, New Windsor, New York beginning at 7:30
o'clock P.M.
Chairman
/

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^(^2/
LEASE AGREEMENT
BETWEEN
ADVANCE STORES COMPANY, INCORPORATED
AND
VGR ASSOCIATES, LLC
VAILS GATE, NEW YORK

-c?
This LEASE AGREEMENT is made
/)^a0kjbi^^ rj
. 199^ by
and between VGR ASSOCIATES, LLC, a New York limited liability company, herein called
"LANDLORD"; and ADVANCE STORES COMPANY, INCORPORATED, a Virginia
corporation, herein called "TENANT".
-RECITALS -
A.
LANDLORD is the owner of a parcel of land and the improvements thereon
constituting the Price Chopper Plaza (herein the "shopping center') situated at the intersection of
Temple Hills Road and Route 94 in Vailsgate, New York. The shopping center is outlined in red
on the site plan prepared by Eustance
8L
Horowitz, P.C. dated April 1, 1993 and last revised
August 7, 1995 attached hereto as Exhibit "A-I" consisting of one (1) page which has been
initialed by LANDLORD and TENANT.
B.
LANDLORD desires to lease to TENANT and TENANT desires to lease from
LANDLORD that portion of the shopping center that consists of approximately 9,600 square feet
of land which is outlined in green on the survey prepared by Daniel P. Yanosh, N.Y.S.L.S. dated
December 30, 1997 attached hereto as Exhibit "A-IF (herein the "leased premises") consisting
of one (1) page which has been initialed by LANDLORD and TENANT upon which TENANT
may erect improvements to be used for its business operations.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants
contained herein, LANDLORD and TENANT agree as follows:
1.
DEMISE.
LANDLORD leases to TENANT, and TENANT leases from
LANDLORD, the leased premises.

I
•>
2.
CONSTRUCTION OF IMPROVEMENTS.
a.
Construction.
After the Delivery Date as set forth in paragraph
3(c), TENANT shall construct, at its expense, subject to reimbursement by LANDLORD as
provided in paragraph 4, on the leased premises (i) a building ("Tenant's Store Building") which
shall be TENANT'S prototypical store building with signage, and (ii) related site improvements
(collectively, "TENANT'S improvements"), all of which shall be built in accordance with all
applicable laws and governmental regulations.
b.
Changes to Shopping Center. LANDLORD shall not unreasonably
refuse to allow TENANT to grade and pave portions of the shopping center outside of the leased
premises if reasonably necessary in order to complete TENANT'S initial development of the
leased premises, provided TENANT pays for all such work and promptly repairs and restores any
and all damage resulting from such work. LANDLORD agrees, at LANDLORD'S sole cost and
expense to complete the parking lot lighting for that portion of the common areas of the shopping
center outside of the leased premises.
c.
Due Diligence Period.
In order to satisfy itself that the leased
premises can be utilized for TENANT'S business operations, TENANT shall have a period of
ninety (90) days after the date hereof (the "Due Diligence Period") within which (i) to perform
such tests as TENANT deems reasonably necessary, including, without limitation, soil tests and
environmental tests, and (ii) to obtain all necessary governmental approvals and permits for
construction of TENANT'S improvements and for the operation of TENANT'S business in
TENANT'S Store Building (the "Permits"). If TENANT determines, in its sole discretion, that
the leased premises are not suitable for construction and operation of TENANT'S Store Building,
2

t)
or if TENANT determines, in its sole discretion, not to proceed with this lease for any reason,
then TENANT may terminate this lease by written notice to LANDLORD given prior to the end
of the Due Diligence Period, in which case neither party shall have any further rights or
obligations hereunder. TENANT (and its employees, agents, contractors and consultants, and
their respective employees) shall have the right to enter onto the leased premises during the Due
Diligence Period in order to perform the tests referred to above.
d.
LANDLORD'S COOPERATION.
LANDLORD
shall
cooperate with TENANT with respect to TENANT'S exercise of its due diligence rights set forth
in subparagraph b of this paragraph 2 including, without limitation, cooperating with TENANT
in applying for and obtaining the Permits.
3.
REMOVAL OF BUILDINGS. Prior to the delivery of the leased premises by
LANDLORD to TENANT, LANDLORD shall raze and remove the buildings on the leased premises
in compliance with the following terms and conditions:
a.
Before LANDLORD shall be obligated to remove the buildings
TENANT must furnish LANDLORD written notice that all conditions and contingencies of this Lease
have been satisfied or waived by TENANT except for the satisfaction of LANDLORD'S obligations
under this Section.
b.
LANDLORD shall perform all its obligations under this Section within
thirty (30) days after the date when LANDLORD receives TENANPs said notice. If LANDLORD
shall fail to perform its obligations under this Section then TENANT may elect (i) to terminate this
Agreement by written notice to LANDLORD or (ii) to perform LANDLORD'S obligations uncfer this
Section at LANDLORD'S expense in which event TENANPs costs of performing LANDLORD'S
3

*!
obligations shall be reimbursed to TENANT by abatement of the monthly rent until such time as
TENANT has been entirely reimbursed, or (iii) force LANDLORD to perform its obligations by suit
for specific performance, in which event TENANT shall be entitled to recover from LANDLORD,
TENANTS attorneys' fees and court costs.
c.
The removal of the buildings and all related work shall be performed
in compliance with all applicable laws, codes, ordinances, rules, regulations and directives of all
applicable govenmiental authorities, including but not limited to those applicable to any Hazardous
Materials (as defined hereinafter). LANDLORD'S work related to removing the buildings shall also
include (1) removing the slab, floor, footings, foundations and all other underground improvements
related to the buildings and filling the resulting holes to the grade level of ground adjacent to the holes
with engineered and compacted fill material under the supervision of a licensed geotechnical engineer,
and (2) frimishing TENANT a signed and sealed letter of the engineer certifying that the fill has been
performed in accordance with sound engineering practice using clean, cohesive backfill material
compacted to not less than 95% Standard Proctor in accordance with AASHTO specifications and that
the fill has been performed in such a manner that surface water will not pond in the filled area(s), and
(3) furnishing TENANT reasonable documentation that LANDLORD has paid for all labor and
materials furnished in connection with the performance of LANDLORD'S work (the "Delivery Date").
d.
LANDLORD covenants and agrees to save, defend, and hold TENANT
harmless from and against all claims, losses, damages, liability and expenses, including but not limited
to attomey's fees and all claims by contractors, subcontractors and their employees, and furnishers of
labor and materials, arising out of or in connection with the removal of the buildings and related
improvements from the Property and entry of the Property for such purposes and/or from the failure

t
of the LANDLORD to perform the obligatioi^ of LANDLORD under this Section.
4.
LANDLORD'S PURCHASE OF TENANT'S IMPROVEMENTS. Within
thirty (30) days following the date of TENANT'S written notice to LANDLORD of TENANT'S
completion of TENANT'S improvements (which notice shall include a copy of the certificate of
occupancy relating to TENANT'S improvements), LANDLORD shall purchase TENANT'S
improvements for Three Hundred Fifty Thousand and no/100 Dollars ($350,000.00) cash (the
"Purchase Price"). The purchase shall be consummated by the delivery of TENANT to
LANDLORD of a bill of sale covering TENANT'S improvements in form reasonable, satisfactory
to counsel for TENANT and LANDLORD in exchange for payment to TENANT of the Purchase
Price. The date on which such purchase is consummated shall be referred to as the "Closing
Date".
5.
TERM/OPTIONS:
a.
Initial Term: The initial term of this lease and TENANT'S
obligation to pay rentals herein (herein referred to as the "initial term") shall commence on the the
closing date, and shall terminate in the year in which occurs the tenth anniversary of the
commencement of the term, the acmal termination date to be 11:59 p.m. either June 30th or
December 31st within said tenth year, whichever date would ensure that the initial term does not
exceed one hundred twenty-six (126) months in duration. Upon commencement of the term of this
lease, LANDLORD and TENANT shall enter into a written agreement setting forth the
commencement date, but the failure to execute such agreement shall not prevent the
commencement of the term. TENANT'S obligation to commence payment of the rent provided
in paragraph 5 hereof shall coincide with the commencement of the term of this lease; however,
5

in the event the commencement date commences on any day other than the first day of any
calendar month, TENANT shall pay to LANDLORD on the conmiencement of the term the
proportionate amount of rent due for the balance of such month. Notwithstanding the date set for
the commencement of the term and the commencement of the rent, all other provisions of this
lease shall be effective as of the date hereof.
b.
Option: In the event the initial term of this lease terminates on June
30th, then LANDLORD grants to TENANT the option to extend this lease for three (3) additional
terms as follows: the first option term shall be for a period of six (6) months, the second option
term shall be for a period of five (5) years, and the third option term shall be for a period of five
(5) years. However, if the initial term terminates on December 31st, then LANDLORD grants
to TENANT the option to extend this lease for two (2) additional terms of five (5) years each.
Each of the aforesaid option terms shall be upon the same terms and conditions as herein contained
except as provided for in paragraph 6 hereof regarding guaranteed rent. In order to exercise said
options to extend this lease, TENANT shall give LANDLORD written notice at least six (6)
months prior to the expiration of the then term of this lease; however, in case TENANT fails to
timely exercise said option, LANDLORD shall give TENANT written notice inquiring whether
TENANT desires to exercise such option; TENANT may, within fifteen (15) days of receipt of
such notice from LANDLORD, exercise such option to extend this lease, which exercise shall
constitute a valid and timely exercise of said option.
6.
RENT:
a.
Guaranteed Rent: TENANT shall pay LANDLORD, commencing
on the first day following the closing date, during each rental year of this lease the following
6

The percentage rental shall be determined and payable on or before the ninetieth (90th) day
following the close of each rental year based on the gross sales made from the leased premises for
each such year. A statemeiit signed by an officer of TENANT showing in reasonable detail the
amount of the gross sales during the preceding rental year shall accompany TENANT'S payment
of the percentage rental for such period.
TENANT shall prepare and keep at its principal offices until at least twelve (12)
months following the end of each rental year an accurate account of its gross sales as herein
defined disclosing the cash receipts, and such other information as may be reasonably necessary
to determine said gross sales, including all such sales records which would normally be
examined by an independent accountant pursuant to accepted accounting standards if an audit of
TENANT'S sales were to be performed. Upon written request from LANDLORD, TENANT
shall furnish to LANDLORD any audit of sales made from the leased premises as done by the
regular accounting firm employed by TENANT. LANDLORD may, at its option and expense,
acting alone or through its duly authorized representatives, inspect TENANT'S record of sales
made from the leased premises at any time or from time to time, provided such inspection
covering a rental year is made within twelve (12) months following receipt of TENANT'S
statement for such rental year. Any claim by LANDLORD for revision of any statement of sales
or for additional percentage rental must be made in writing to TENANT within fifteen (15) months
after the receipt of TENANT'S statement for such rental year for which additional rental is
allegedly due. At its option, LANDLORD, at any reasonable time, or from time to time, no more
than once during a rental year, may have made a complete audit of TENANT'S entire sales record
relating to the leased premises covering the then current and immediately preceding rental year.
8

If such audit shall disclose a deficiency in percentage rental paid for any rental year to the extent
of five percent (5%) or more, TENANT shall promptly pay to LANDLORD the amount of such
deficiency and, in addition, TENANT shall pay the cost of such audit. In the event such audit
discloses a deficiency for percentage rental of twenty percent (20%) or more in excess of rentals
thereto paid for such rental year, LANDLORD shall have an additional remedy, at its option, to
terminate this lease. LANDLORD shall hold in confidence all sales and other information
obtained from TENANT'S records.
c.
Definitions:
(i)
Gross Sales: The term "gross sales" as used herein shall
mean the acmal sales price for all goods, wares and merchandise sold and actual charges for all
labor services performed by TENANT upon or from the leased premises, whether for cash or
otherwise, including, but not limited to, such sales and services where the orders therefore
originate in, at or from the leased premises or from some other place, pursuant to mail, telephone,
telegraph or similar orders received at the leased premises; provided, however, that the following
transactions shall be expressly excluded from the term "gross sales": (a) exchanges of
merchandise between stores of TENANT where such exchange is made solely for the convenient
operation of TENANT'S business and not for the purpose of consummating a sale made in, at or
from the leased premises; (b) returns of merchandise to shippers or manufacturers; (c) voluntary
or involuntary cash or credit refunds to customers on transactions otherwise included in gross
sales; (d) sales of fixtures, machinery and equipment used in the conduct of TENANT'S business
at said leased premises; and (e) all sums collected from customers in the form of sales tax, excise
tax or similar tax imposed upon and collected by TENANT by and for any duly constituted
9

governmental authority.
(ii)
Rental Year: The term "rental year" as used herein shall
mean: (a) in the calendar year in which the initial term of this lease commences, that period from
the date of commencement of the lease until December 31st next following; and (b) that p)eriod
from January 1 to December 31 for all other years during the term of this lease except that if the
final termination date of this lease occurs on June 30 as a result of the provisions of paragraph 5a,
the rental year for such year of termination shall be that period from January 1 to June 30 of such
year.
7.
TENANT'S FURNISHINGS. FIXTURES AND EQUIPMENT:
TENANT, at its sole cost and expense, may supply and install in or on the leased premises any
furnishings, fixtures or equipment, including a satellite dish and any necessary cables or
supporting equipment, which it deems necessary for its use of said premises; provided, however,
that TENANT shall repair, at its own expense, any damage to the leased premises occasioned by
such installation. LANDLORD shall not under any circumstances be liable for any furnishings,
fixtures or equipment installed by TENANT. Any such furnishings, fixtures and equipment
supplied and installed in the leased premises, except those permanently attached, shall be and
remain the property of TENANT and TENANT shall have the right and obligation to remove
same at any time so long as TENANT is not in default in the performance of any of the terms and
conditions of this lease. Furthermore, TENANT'S right to remove said furnishings, fixtures and
equipment shall extend to fifteen (15) days next following the date of termination of this lease,
provided TENANT shall not then be in default of the terms and conditions of this leasef Any
damage to the leased premises occasioned by the removal of said furnishings, fixtures and
10

equipment shall be repaired by TENANT at its sole cost and expense.
8.
ALTERATIONS AND ADDITIONS: TENANT shall have the right to
alter, improve and rearrange the interior partition walls of the leased premises as necessary for the
convenience of the conduct of the TENANT'S business. TENANT shall not alter, improve or
rearrange the structural walls of the leased premises without the prior written approval of
LANDLORD, which approval shall not be unreasonably withheld. TENANT shall pay all costs
for any of the foregoing alterations or additions and upon termination or cancellation of this lease,
all alterations and additions shall become the property of LANDLORD.
9.
MAINTENANCE AND REPAIRS:
a. LANDLORD: In addition to the provisions of subparagraph c of this
paragraph, LANDLORD shall maintain and keep in good order and repair (which shall include
replacement, if necessary) the roof, guttering and downspouts, the strucmral walls and foundations
(neither windows nor doors are regarded as walls for the purpose of this paragraph), the electrical
wiring (from the utility company's distribution lines to the leased premises) serving the leased
premises, the water line (from the city water main to but not including the water meter) serving
the leased premises, and the sanitary sewer serving the leased premises (from the main city sewer
line to the leased premises), and all other strucmral components of the leased premises within
thirty (30) days after written notice of the necessity of such repairs has been given by TENANT;
or if not capable of repair within thiny (30) days, LANDLORD shall commence to repair and
diligently proceed with the completion of such repairs; provided, however, that the cost of any
such repairs required as a result of the negligence or willful act of TENANT, its custoniers or
licensees, agents, servants or employees, shall be borne by TENANT. Should LANDLORD fail
II

to comply with said maintenance and repairs after notice, TENANT shall have the right to do so
and deduct the cost thereof from the rental due hereunder.
b.
TENANT:
Li addition to the provisions of subparagraph c of this
paragraph and excepting damage by fire or other cause and any repairs or replacements which are
the obligation of LANDLORD, TENANT shall maintain and keep in good order and repair the
leased premises, including the electrical, plumbing and sewer systems along with the heating and
air conditioning system as well as any and all interior non-structural maintenance. Should
TENANT fail to make said maintenance and repairs, LANDLORD shall have the right to enter
the leased premises and make the necessary repairs and perform any maintenance required. Any
costs incurred by LANDLORD in so performing TENANT'S obligations shall be paid by
TENANT within fifteen (15) days after receipt of notice of said expenditures.
c.
Manufacturer's Warranties: Upon TENANT'S acceptance of the
leased premises LANDLORD shall promptly assign to TENANT all manufacturer's warranties
with respect to the mechanical installations within the leased premises, including, without
limitation, the heating and air conditioning system(s).
10.
INSURANCE:
a.
LANDLORD: LANDLORD shall keep the shopping center,
including the leased premises, insured by loss or damage by fire, with extended coverage, to the
fiill replacement value thereof. TENANT agrees to pay its pro rata share of the insurance
premium. TENANT'S pro rata share of said insurance premium shall be determined in the same
manner as is TENANT'S obligation to pay real estate taxes pursuant to paragraph 11 hereof. If
the term of this lease commences or terminates during any part of a year, TENANT shall be
12

responsible for said insurance premium for only that portion of the year for which TENANT is
responsible to pay rent hereunder. TENANT'S pro rata share of said msurance premium shall be
paid by TENANT within thirty (30) days of receipt from LANDLORD of a statement of said
premium, which statement shall contain LANDLORD'S calculation of TENANT'S pro rata share
of said premium.
b.
TENANT:
TENANT shall maintain with respect to the leased
premises a policy of public liability, naming LANDLORD as an additional insured, with limits
of $2,000,000 each occurrence and $2,000,000 general aggregate in companies authorized to do
business in New York. TENANT upon request, shall exhibit such policies to LANDLORD or
provide LANDLORD with evidence thereof.
IL
REAL ESTATE TAXES:
LANDLORD will pay all real estate taxes,
assessments or other governmental charges which may be levied or assessed by any lawful
authority against the shopping center including the leased premises. TENANT agrees to pay as
additional rent to LANDLORD, TENANT'S pro rata share of the total real estate taxes,
assessments, and other governmental charges levied on the shopping center at any time during the
term of this lease. TENANT'S pro rata share of said taxes and charges shall be determined by
multiplying the total of such taxes and charges by a fraction, the numerator of which shall be the
gross leasable floor area of the leased premises and the denominator of which shall be the gross
leasable floor area of the shopping center. If the term of this lease commences or terminates
during any part of a year, TENANT shall be responsible for said taxes and charges for only that
portion of the year for which TENANT is responsible to pay rent hereunder.
13

TENANT'S pro rata share of said taxes shall be paid by TENANT within thirty (30) days
of receipt from LANDLORD of a statement of said taxes, which statement shall contain
LANDLORD'S calculation of TENANT'S pro rata share of said taxes.
TENANT shall have the right to contest in the manner as provided by law any real estate
taxes, assessments or other governmental charges which may be levied or assessed and for which
TENANT is obligated pursuant to this paragraph to repay to LANDLORD. Any such contest shall
be at TENANT'S sole expense, but LANDLORD shall cooperate fully with TENANT in any such
contest.
12.
DAMAGE OR DESTRUCTION OF THE LEASED PREMISES: In the
event of total or partial destruction of or damage to the leased premises by fire or any other cause
during the term hereof, LANDLORD shall be obligated to and shall with due diligence rebuild or
restore the leased premises to a condition comparable to that existing prior to the occurrence of
said destruction or damage.
If in TENANT'S reasonable discretion any such destruction or damage to the
leased premises is such as to prevent the operation of TENANT'S business on the leased premises,
or to make it impractical so to do, then the rent, taxes and any other charges to be paid by
TENANT hereunder shall abate from the occurrence of any destruction or damage up to and
including the time that the leased premises has been rebuilt or restored. The amount of such
abatement is to be determined by taking a fraction, the numerator of which shall be the square foot
area of the building which is a part of the leased premises which is usable in the operation of
TENANT'S business on the leased premises following any destruction or damage thereto and the
denominator of which shall be the total square foot area, inside dimensions, of such building. The
14

amount of which results from the multiplication of such fraction by all rent and taxes and all other
charges that would have been due from TENANT to LANDLORD hereunder but not for the
destruction or damage, shall be the amount payable by TENANT for the period commencing with
any destruction or damage and terminating with the completion, by LANDLORD, of the aforesaid
rebuilding or restoration.
In the event of the total destruction of the leased premises during the last one (1)
year of the term of this lease, LANDLORD shall not be obligated to so rebuild and restore, and
at the option of either LANDLORD or TENANT (exercised by notice to the other within thirty
(30) days of such destruction) this lease shall terminate. Anything herein contained to the contrary
notwithstanding, if the leased premises is totally destroyed by reason of fire or other cause
occurring during the last one (1) year of the term of this lease or any renewal period thereof,
LANDLORD shall rebuild the leased premises, at LANDLORD'S expense, if prior to the
expiration of thirty (30) days after such destruction, TENANT shall have elected to exercise any
option which TENANT may then have to extend this lease for an additional period.
13.
CONDEMNATION:
a.
Total: If the whole of the leased premises shall be acquired or taken
by eminent domain for any public or quasi-public use or purpose or by private purchase in lieu
thereof, then this lease and the term hereof shall automatically cease and terminate as of the date
of title vesting in such proceedings.
b.
Partial: If any part of the leased premises or shopping center shall
be so taken and such partial taking shall render that portion not so taken unsuitable for the
purposes for which the leased premises were leased, then LANDLORD and TENANT shall each
15

have the right to terminate this lease by written notice given to the other within sixty (60) days
after the date of title vesting in such proceeding. If any part of the leased premises shall be so
taken and this lease shall not be terminated, as aforesaid, then this lease and all of the terms and
provisions thereof shall continue in full force and effect, except that the guaranteed annual rent
shall be reduced in the same proportion that the gross leasable area of the leased premises taken
bears to the original gross leasable area leased and, LANDLORD shall, upon receipt of the award
in condemnation, make all necessary repairs and alterations (exclusive of TENANT'S ftimishings,
fixtures, equipment and signs) to restore the portion of the leased premises remaining to as near
its former condition as the circumstances will permit, and to the building of which the leased
premises forms a part to the extent necessary to constimte the portion of the building not so
taken a complete architecmral unit; and TENANT, at TENANT'S expense, shall make all
necessary repairs and alterations to TENANT'S furnishings, fixmres, equipment and signs.
c.
Rent: If this lease is terminated as provided in this paragraph all
rent shall be paid by TENANT up to the date of termination and LANDLORD shall refund any
rents paid by TENANT in advance and not yet earned.
d.
Award: All damages or compensation awarded or paid for any such
taking, whether for the whole or any part of the leased premises, shall belong to and be the
property of LANDLORD without any participation by TENANT; provided, however, that nothing
herein contained shall be construed to preclude TENANT from prosecuting any claim directly
against the condemning authority, but not against LANDLORD, for the value of or damages to
and/or for the cost of removal of movable trade fixmres and other personal property which under
the terms of this lease would remain TENANT'S property upon the expiration of the term of this
16

lease, as may be recoverable by TENANT in TENANT'S own right.
14.
USE/SIGNS/UTIUTIES:
a-
USE: TENANT shall use the leased premises only for the purpose
of operating and conducting therein a business of the type conducted by the chain of stores
operated by TENANT, which is generally the sale of automobile parts and accessories, including
tires, batteries and wheels. Furthermore, TENANT'S use shall comply with all ordinances, laws,
rules or regulations promulgated by any governmental body having jurisdiction over the leased
premises. TENANT shall determine its hours and days of operation at its sole and absolute
discretion. Nothing contained in this lease shall imply any obligation to open for business or to
continuously operate a store on the leased premises.
b.
Signs: TENANT may erect or place signs on the exterior of the
leased premises, including a separate standing pylon sign facing any public road adjacent to the
leased premises, provided that the erection of any such signs be in accordance with all local
ordinances.
c.
Utilities: TENANT shall procure for its own account and shall pay
the cost of all utility charges, including water, electricity, heat and sewer, used by TENANT in
or at the leased premises.
15.
ASSIGNMENT OR SUBLETTING: TENANT may not assign or sublet
the whole or any part of the leased premises without the prior written consent of LANDLORD,
which will not be unreasonably withheld; provided, however, any such assignment or subletting
to which LANDLORD consents shall not release TENANT of its obligation hereunder.
17

16.
DEFAULT:
a.
Events of Default: The following shall constitute an event of default
hereunder;
(i) TENANT'S failure to pay the rent or other charges when due
and which remain unpaid for more than ten (10) days after written notice from LANDLORD; or
(ii)
TENANT'S failure to perform any of the other terms,
conditions or covenants contained in this lease which has continued for more than thirty (30) days
after written notice thereof from LANDLORD; provided, however, that if the nature of such
default is such that it can not reasonably be cured within said thirty (30) days, and work thereon
has commenced within said period and diligently prosecuted, no default shall have occurred; or
(iii) TENANT shall become bankrupt or insolvent, or file any
debtor proceedings, or take or have taken against TENANT in any court pursuant to any statute
either of the United States or of any state a petition in bankruptcy or insolvency or for
reorganization or for the appointment of a receiver or trustee of all or a portion of TENANT'S
property; or
(iv) TENANT makes an assignment for the benefit of creditors, or
petitions for or enters into an arrangement; or
(v) TENANT shall abandon the leased premises or suffer the lease
to be taken under any writ of execution.
b.
Remedies: If any event of default has occurred then LANDLORD,
without excluding other rights or remedies it may have, shall have the immediate right of re-entry
and may remove all persons and property from the leased premises and such property may be
removed and stored in a public warehouse or elsewhere at the cost of and for the account of
18

TENANT, all without resort to legal process and without being deemed guilty of trespass, or
becoming liable for any loss or damage which may be occasioned thereby. If LANDLORD should
elect to re-enter as herein provided, or should it take possession pursuant to legal proceedings, it
may either terminate this lease or it may from time to time without terminating this lease make
such alterations and repairs as may be necessary in order to relet the leased premises, and relet
said leased premises for such term and at such rentals and upon such other terms and conditions
as LANDLORD may deem advisable. In the event of such reletting, all rentals received by
LANDLORD shall be applied, first, to the payment of any indebtedness other than rent due
hereunder from TENANT to LANDLORD; second, to the payment of any costs and expenses of
such reletting, including the expense of alterations and repairs; third, to the payment of rent due
and unpaid hereunder, and the residue, if any, shall be held by LANDLORD and applied in
payment of any future rent due and unpaid hereunder. If such reletting shall yield rentals
insufficient for any month to pay the rent due by TENANT hereunder for that month, TENANT
shall be liable to LANDLORD for the deficiency and same shall be paid monthly. No such re-
entry or taking possession of the leased premises by LANDLORD shall be construed as an election
to terminate this lease unless a written notice of such intention be given by LANDLORD to
TENANT at the time of such re-entry. Notwithstanding any such re-entry and reletting without
termination, LANDLORD may at any time thereafter elect to terminate this lease for such
previous breach, in which event it may recover from TENANT damages incurred by reason of
such breach, including the cost of recovering the leased premises and the difference in value
between the rent reserved hereunder for the remainder of the term and the reasonable rental value
of the leased premises for the remainder of the term. In determining the rent which would be
payable by TENANT hereunder, subsequent to default, the annual rent for each year of the
19

i
unexpired term shall be equal to the average annual rent paid by TENANT from the
commencement of the term to the date of default.
17.
COMMON AREAS:
a.
Common Areas Use:
In addition to the leased premises,
LANDLORD hereby grants to TENANT, its customers, employees, invitees and agents, a non-
exclusive easement to use, in cormnon with others entitled to similar use, all of the "common
areas" presently or in the future situated on the shopping center to-wit: such areas, improvements
and space in or at the shopping center devoted to the general use of all of the tenants of the
shopping center and their customers, employees, invitees and agents, such common areas to
include, without limitation, all streets, roadways and sidewalks for ingress and egress to and from
the leased premises and the public streets or highways adjoining or abutting the shopping center,
areas designated for vehicular parking, landscaped areas, lighting facilities, curbs, truck routes,
loading docks, retaining walls, exterior of outside walls of the building(s), roofs, canopies and
downspouts of building(s), pedestrian malls, hallways, stairs, ramps, washrooms, water and
sewage and storm water systems, accommodation areas such as sidewalks, grass plots, ornamental
planting, entry monuments, and signs, directional signals and the like.
b.
Maintenance of Common Areas:
Subject to reimbursement by
TENANT as hereafter provided, LANDLORD shall maintain all of the common areas in good
repair, reasonably free of snow, ice and debris and adequately lighted during all business
operations at the shopping center.
c.
TENANT'S Reimbursements of Costs of Maintenance of Common
Areas: In addition to the rent to be paid pursuant to paragraph 6 hereof, TENANT agrees to
reimburse LANDLORD for the costs of snow and ice removal and all other costs incurred in
20

maintaining the common areas, as follows:
(i)
Snow and Ice Removal:
TENANT'S pro-rata share of the costs
of removal of snow and ice from the common areas, such pro-rata share to be due and payable
within thirty (30) days of TENANT'S receipt of a statement in reasonable detail of the actual costs
and expenses paid or incurred by LANDLORD in connection with such removal and showing the
determination of TENANT'S pro-rata share.
(ii)
Other Maintenance:
Subject to the limitations hereafter set
forth, TENANT agrees to reimburse LANDLORD for TENANT'S pro-rata share of the cost of
maintaining the common areas other than for the costs incurred in connection with snow and ice
removal. TENANT'S pro-rata share shall be paid by TENANT within (30) days of receipt of
a statement in reasonable detail of the actual costs and expenses paid or incurred by LANDLORD
for such maintenance and showing the determination of TENANT'S pro-rata share.
Notwithstanding the foregoing, TENANT'S pro-rata share of common area charges shall not
exceed the sum of $14,(X)0.00 in any rental year during the term of this lease.
(iii)
Determination of Pro-Rata Share:
TENANT'S pro-rata
share of the items referred to in (i) and (ii) above shall be determined in the same manner as is
TENANT'S obligation to pay real estate taxes pursuant to paragraph 11 hereof. If the term of this
lease commences or terminates during any part of a year, TENANT shall be responsible for its
pro rata share of the items referred to in (i) and (ii) above for only that portion of the year for
which TENANT is responsible to pay rent hereunder.
18.
HAZARDOUS SUBSTANCES:
a.
Definition: As used herein, "Hazardous Substance" means any
21

substance that is toxic, ignitable, reactive, or corrosive and is regulated by any local government,
the State of New York, or the United States of America. "Hazardous Substance" includes any and
all material or substances that are defined as "hazardous substance" pursuant to state, federal, or
local governmental law. "Hazardous Substance" includes but is not restricted to asbestos,
polychlorobiphenyls ("PCBs"), and petroleum.
b.
LANDLORD'S Covenants and Indemnification: LANDLORD
covenants that the leased premises shall be firee of Hazardous Substances as of the connnencement
date of the term of this lease. LANDLORD agrees to indemnify and hold TENANT harmless
from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses
(including, without limitation, any and all sums paid for settlement of claims, attorneys' fees,
consultant, and expert fees) arising during or after the lease term from or in connection with the
presence or suspected presence of Hazardous Substances in or on the leased premises unless the
Hazardous Substances are present solely as a result of the breach of the provisions of subparagraph
c of this paragraph. Without limitation of the foregoing, this indemnification shall include any and
all costs incurred due to any investigation of the leased premises or any cleanup, removal, or
restoration mandated by a federal, state, or local agency or political subdivision unless the
Hazardous Substances are present solely as a result of the breach of the provisions of subparagraph
c of this paragraph. This indemnification shall specifically include any and all costs due to
Hazardous Substances that flow, diffuse, migrate, or percolate into, onto, or under the leased
premises after the term of this lease commences.
c.
TENANT'S Covenants and Indemnification: TENANT covenants
that during the period of its possession of the leased premises TENANT, its agents, employees,
22

contractors and invitees, shall comply with all federal, state and local Hazardous Substance laws,
regulations and ordinances that are applicable to TENANT'S use of the leased premises, the
failure of which shall constitute an event of default under this lease. TENANT agrees to
indenmify and hold LANDLORD harmless from any and all claims, damages, fines, judgments,
penalties, costs, liabilities, or losses (including, without limitation, any and all sums paid for
settlement of claims, attorneys' fees, consultant, and expert fees) arising during or after the lease
term and arising as a result of the default by TENANT, its agents, employees, contractors or
invitees, of the foregoing covenant. Without limitation of the foregoing, this indemnification shall
include any and all costs incurred due to any investigation of the leased premises or any cleanup,
removal, or restoration mandated by a federal, state, or local agency or political subdivision.
19.
NOTICES AND RENT PAYMENTS:
a.
Notices: Notices under this lease shall be deemed to have been
given if in writing, and (i) when deposited in the United States mail, certified or registered, return
receipt requested, with postage prepaid, or (ii) when delivered by hand against a written receipt,
or (iii) when delivered to a national recognized overnight delivery service, such as FedEx, with
delivery fees prepaid or billed to sender, and if addressed as follows:
To LANDLORD At:
VGR ASSOCIATES, LLC
C/O BOBROW & ROSEN
40 EAST 69™ STREET
NEW YORK, NY 10021
'
23

To TENANT At:
ADVANCE STORES COMPANY, INC.
P.O. BOX 2710
ROANOKE, VA 24001
ATTN: REAL ESTATE DEPARTMENT
Or to either at such other place as either of them may give notice to the other, pursuant to the
provisions of this paragraph, from time to time.
b.
Rent: All payments of rent to be made hereunder by TENANT shall
be mailed to LANDLORD at the address provided for in subparagraph a of this paragraph.
20.
NON-COMPETITION: LANDLORD shall not, for as long as this lease
remains in force and effect, either directly or indirectly, lease to any third person any land or
building, whether presently owned or hereafter acquired, within two (2) mile(s) from the leased
premises for the purpose of conducting thereon a business similar to that being conducted by
TENANT upon the leased premises; nor shall LANDLORD itself, nor any of its individual
stockholders, partners or beneficiaries, as the case may be, either directly or indirectly, own or
operate any such business within said two (2) mile(s) radius.
TENANT shall, in the event that there is a breach of any of the provisions of this
paragraph, have the following rights and remedies, none of which shall be exclusive of the others
or any other remedy otherwise available to TENANT:
(a) TENANT may institute proceedings to enjoin the violation in its name
or in the name of LANDLORD.
(b) If such conflicting use continues for a period of thirty (30) days' after
written notice thereof shall have been given by TENANT to LANDLORD, TENANT may, at any
24

time thereafter, elect to terminate this lease, and on such election, this lease shall, on the date fixed
in the notice of such election, be terminated, and TENANT shall be released and discharged of
and from any and all further liability hereunder.
(c) As long as such condition exists, TENANT'S only obligation
concerning the payment of rent shall be the payment of percentage rental only, with no minimum
guaranteed annual rent, on the basis of the percentage of gross sales set forth in paragraph 6b
hereof, such percentage rental to be payable only after the expiration of each rental year.
(d) TENANT may hold LANDLORD liable for any costs and expenses,
including counsel fees, sustained or incurred in connection with any proceedings instituted by
TENANT, and if LANDLORD does not institute and proceed diligently with suit to enjoin such
conflicting use may hold LANDLORD liable for any and all other damages sustained or to be
sustained by reason of the violation of such covenant.
21.
MISCELLANEOUS:
a.
Identity of Interest: The execution of this lease or the performance
of any act pursuant to the provisions thereof shall not be deemed or construed to have the effect
of creating between LANDLORD and TENANT the relationship of principal or agent, or of a
partnership or joint venture.
b.
Landlord's Title:
LANDLORD covenants that it has lawfiil title
and right to make this lease for the term and upon the conditions herein set forth and that it will
provide TENANT with evidence thereof satisfactory to TENANT prior to the time on which the
initial term shall commence. If at any time during the term hereof the title or ri|ht of
LANDLORD to make this lease shall fail or for any reason it shall appear LANDLORD is unable
25

w
to make this lease for the term or on the conditions herein set forth, TENANT may cancel this
lease.
c.
Quiet Enjoyment: LANDLORD covenants that it will put TENANT
into complete and exclusive possession of the leased premises and that upon TENANT'S paying
the rent and performing all of the covenants of this lease to be performed by it hereunder,
TENANT shall during the term hereof freely, peaceably and quietly occupy and enjoy the ftill
possession of the leased premises and all of the rights and privileges herein granted, including any
easement rights, without molestation or hindrance, lawfiil or otherwise.
d.
Holding Over: Any holding over after the expiration of the term
hereof with the consent of LANDLORD shall be construed to create a tenancy from month to
month at the rent herein reserved, prorated on a monthly basis; and such tenancy shall otherwise
be subject to the terms and conditions set forth in this lease.
e.
Surrender of Leased Premises: TENANT shall surrender to
LANDLORD the leased premises at the expiration of the term hereof, or any extension thereof,
or upon termination by virtue of TENANT'S default, in good and broom clean condition,
reasonable wear and tear and damage by fire or other cause not occasioned by TENANT'S
negligence excepted.
f.
Loss or Damage of Property: LANDLORD shall not be liable for
any loss or damage to TENANT'S property however occurring except as may result directly from
failure of LANDLORD to perform any act required of it under the terms of this lease or
in the event same shall have arose from or out of any occurrence occasioned by the act or
omission of LANDLORD, its agents, contractors, employees, servants, lessees, or
26

concessionaires.
g.
Right of Entry: LANDLORD, its agents and representatives, shall
have the right to enter the leased premises at ail reasonable times for the purpose of (a) inspection
of the leased premises, (b) making repairs, replacements, alterations or additions to the leased
premises, (c) exhibiting the leased premises to prospective tenants during the last one hundred
twenty (120) days of the term, and any such entry herein authorized shall not be or constitute an
eviction or deprivation of any right conferred hereunder upon TENANT.
h.
Excusable Delav: Except for the payment of rent, if LANDLORD
or TENANT is delayed or prevented from performing any of its obligations under this lease by
reason of strike or labor troubles or any outside cause whatsoever beyond LANDLORD'S or
TENANT'S reasonable control, the period of such delay or such prevention shall be deemed added
to the time herein provided for the performance of any such obligations by LANDLORD or
TENANT.
i.
Non-waiver: The failure of LANDLORD or TENANT to insist
upon strict performance of any of the terms, conditions and covenants herein contained shall not
be deemed to be a waiver of any rights or remedies that LANDLORD or TENANT may have,
and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and
covenants herein contained except as may be expressly waived in writing.
j.
Conditions Precedent to TENANT'S Covenants: The covenants of
TENANT herein contained, including the obligation to pay rent, are expressly made subject, in
addition to the other conditions contained in this lease, to the leased premises being vacant at the
commencement of the term and TENANT being able to obtain all necessary governmental permits
27

V
and authority for operating and conducting upon the leased premises a business of the type
conducted by the chain of stores operated by TENANT. In the event the leased premises are not
vacant or TENANT is unable to obtain any of such governmental permits or authority, TENANT
shall have the right to cancel this lease upon giving written notice to LANDLORD.
k.
Indemnification of LANDLORD:
TENANT will indenmify
LANDLORD and save it harmless from and against any and all claims, actions, damages, liability
and expense in connection with loss of life, personal injury and/or damage to property arising
from or out of any occurrence in, upon, or at the leased premises, or the occupancy or use by
TENANT of the leased premises or any part thereof, or occasioned wholly or in part by any act
or omission of TENANT, its agents, contractors, employees, servants, lessees or concessionaires.
Nothing contained in this paragraph shall be construed to require TENANT to indemnify
LANDLORD for any loss of life, personal injury and/or damage to property arising from or out
of any occurrence occasioned by the act or omission of LANDLORD, its agents, contractors,
employees, servants, lessees or concessionaires.
1.
Waiver of Subrogation: Notwithstanding any other provision
herein, LANDLORD shall not be liable to TENANT and TENANT shall not be liable to
LANDLORD for any loss or damage caused by any of the perils or casualties enumerated in
standard fire or extended coverage policies and recovered by the insured party from its insurers
even if such fire or other casualty or peril resulted from the negligence of the other party; and to
the extent of such recovery, each party hereto releases and waives all rights and claims against the
other.
^
28

••
>
m.
Short Form Lease: TENANT agrees not to record this lease, and
LANDLORD and TENANT agree to execute, acknowledge and deliver, if either party shall so
request, a "Short Form Lease" suitable for recording.
n.
Pre-existing Conditions: Nothing contained in this lease shall be
construed to impose any responsibility upon TENANT with regard to any loss, injury or other
claim arising as a result of any condition that existed on the leased premises at the time of
TENANT'S taking possession thereof.
o.
Governing Law: The laws of the State of New York shall govern
the validity, performance and enforcement of this lease.
p.
Prior Negotiations. Etc.:
All negotiations, considerations,
representations and understandings between LANDLORD and TENANT prior to the execution
of this lease are incorporated herein.
q.
No Offer: TENANT'S delivery to a prospective landlord of this
form of lease shall not be deemed an offer to lease even though such form be completed in every
respect.
r.
Captions: The captions in this lease are for convenience only and
not a part of this lease, and do not in any way limit or amplify the terms and provisions of this
lease.
s.
Grammatical Usage: In construing this lease, feminine or neuter
pronouns shall be substituted for those masculine in form and vice versa, and plural terms shall
be substituted for singular and singular for plural in any place in which the context so re4uires.
Furthermore, the use of the neuter singular pronoun to refer to LANDLORD or TENANT shall
29

<
*0
be deemed a proper reference even though LANDLORD or TENANT may be an individual, a
partnership, a corporation, or a group of two or more individuals or corporations.
t.
Successors and Assigns: This lease agreement along with its
covenants and conditions shall inure to the benefit of and be binding upon LANDLORD, and the
heirs, personal representatives, successors and assigns (as the case may be) of LANDLORD, and
shall bind the TENANT, its successors and assigns.
u.
Entire Agreement: This lease contains all of the promises,
agreements and conditions between the parties hereto, and any subsequent agreements between the
parties altering the terms hereof must be reduced to writing and executed by both parties.
V.
Counterparts: This lease has been executed in several counterparts;
but the counterparts shall constitute but one and the same instrument.
w.
Tax Benefits: LANDLORD and TENANT understand and
acknowledge that certain credits, exemptions, refunds or abatements against tax obligations of
TENANT and/or LANDLORD, whether with respect to property, sales, use, gross receipts,
income, ad valorem, payroll, value added or other tax (collectively "Tax Benefits"), as well as
incentive payments or credits directly or indirectly from governmental authorities ("Incentive
Payments") may become available as a result of the construction, use, occupancy or conduct of
TENANT'S business at the leased premises, or the decision of TENANT to establish and/or
operate a business at the leased premises. The full amount of such Tax Benefits and Incentive
Payments shall be the property of TENANT, and LANDLORD and TENANT agree to take such
action as is necessary in order to cause all such Tax Benefits and Incentive Payments to ac6rue to
TENANT'S account. In the event that any such Tax Benefit or Incentive Payment is paid to,
30

<
%
accrues to the benefit of or is otherwise received by LANDLORD, at TENANT'S option:
a.
LANDLORD shall immediately account for and pay over the full
amount of such Tax Benefit or Incentive Payment to TENANT; or
b.
TENANT may offset the fiill amount of such Tax Benefits or
Incentive Payment against all other amounts payable by TENANT to LANDLORD
hereunder. LANDLORD shall take all actions necessary in order to ensure that the
greatest Tax Benefits and Incentive Payments available under applicable law are
received, and shall cooperate with and assist TENANT as reasonably requested by
TENANT in order to enable TENANT to obtain any Tax Benefits or Incentive
Payments directly available to TENANT.
x.
Confidentialitv Of Lease Terms And Sales Information:
LANDLORD agrees that any information provided to LANDLORD pertaining to TENANT'S gross
sales shall remain confidential and shall not be divulged by LANDLORD without the prior written
consent of TENANT.
y.
Transfer Of LANDLORD'S Interest: No transfer or sale of
LANDLORD'S interest hereunder shall be binding upon TENANT until TENANT has received a
photocopy of the original instrument assigning or transferring LANDLORD'S interest in this lease.
Such instrument shall evidence the fact that such assignee or transferee has assumed all of
LANDLORD'S obligations hereunder and acquired sufficient title to the leased premises, including
the shopping center if applicable, to enable it to perform such obligations; provided, however, this
provision shall not be applicable to any such transfer as security for any loans made to LANDLORD.
31

z.
Subordination to Mortgages: This lease shall be subordinated to the
lien of any mortgage or deed of trust (hereinafter called "mortgage") which LANDLORD may
place on the leased premises and TENANT shall cooperate by executing a Subordination, Non-
Disturbance and Attornment Agreement in the form of Exhibit "B "attached hereto consisting of
four (4) pages each of which have been initialed by LANDLORD and TENANT. Provided any
mortgagee of LANDLORD agrees not to disttirb TENANT'S rights hereunder pursuant to the
terms of the Subordination, Non-Disturbance and Attornment Agreement, TENANT shall agree
to subordinate to such mortgagee and attom to such mortgagee (or such mortgagee's purchaser at
a foreclosure sale) in accordance with the terms of the Subordination, Non-Disturbance and
Attornment Agreement.
IN WITNESS WHEREOF, LANDLORD and TENANT have executed this Lease
Agreement in duplicate originals on the day and year first above written.
LANDLORD
VGR ASSOCIATES, LLC
Irving'SC Bobrow
Manager
TENANT
ADVANCE STORES COMPANY,
INCORPORATED
By:
Davi
L
d R
.MJ£A
. Reid
Senior Vice President
32

»r
ACKNOWLEDGMENT
STATE OF
A/^u^
y^^/^/C
COUNTY OF
A/£?i^
^^^'^
Before me, a notary public, in and for said county, personally appeared the above named
Mi^/>i/^
S' 0e>3A.»\*j, M A if/I ^t^ ^o'i V/fK
/fis^^^/^'^'=>.j^c, c.
. who acknowledged that
he did sign the foregoing instrument and that the same is the free act of said limited liability
company and the free act and deed of him personally and as such
^/f^/^trtiA.
Whereof, I have
hereunto signed my hand, and official seal this
/^
~
day of
A/^ve^^S^^
1999.
MICHAEL OISAMT
;^..x./^
O
Notary
x
Public
iwtafy Rubric; State of New York
My Commission expires:
Wo. 01DI463A173
^^Qt»W»ed In Queens Coumy
Commfssiofi Expires Jan 31,
jxjpcf?
ACKNOWLEDGMENT
STATE OF VIRGINIA
CITY OF ROANOKE
Before me, a notary public, in and for said city, personally appeared the above named
David R. Reid, Senior Vice President of Advance Srores Company, Incorporated., who
acknowledged that he did sign the foregoing instrument and that the same is the free act of said
corporation and the free act and deed of him personally and as such officer. Whereof, I have
hereunto signed my hand, and official seal this
day of//^^^^^^1999 .
L^.Ax^
^Notary Pnblic
My Commission expires:
^i3o^z^/..
33


'V^*
!
.^;>V.-;- •-•
^ ,,

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FINA L
SIT E PLA N
J
m

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TA X MA P PARCE L #69-1-6 , N.Y.S . HWY . 9 4 & TEMPL E HIL L R D

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TOW N O F NE W WINDSOR , ORANG E COUNTY , NE W YOR K
SHEET INDEX
SHEET
NO.
1
OSP 1
DP.l
SP 1
GDI
I'P 1
SEA
?E.2
SD I
SD2
SHEET DESCRIPTION
TITLE SHEET
OVERALL SITE PLAN
DEMOUTION PLAN
SITE PUN
i]RADING & 1)R.\INAGE PUN
rriUTY PUN
SOIL EROSION
Sc
SEDIMENT CONTROL Plj\N
IROSION Ar SEDIMENT CONTROL DETAILS
SITE DETAil^
-ITE DETAILS.
OWNER
KEY MAP
ENGINEERED BY:
•z
rsj
c i I i>4 t-t: t-?: I ^ I i-^ c i , i ivj c: :
129 MARKt [
bTREbf
• CAMDEN NJ 0810;/
1856) 75/007 0
• FAX (856) 757-4050
U.S.G.S. QUADRANGLE MAP
7.5 MINUTE SERIES
SCALE: 1" = 2000'

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APPLICANT:
ADVANCE AUTO PARTS, INC
c/ o PRIMAX CONSTRUCTION, INC.
750-A NW BROAD STREET
SOUTHERN PINES, N.C. 2838 7
PH: (910) 695 7350
V.G.R. ASSOCIATES, L.L.C
40 EAST 69t h STREET
NEW YORK. NEW YORK
10021-0009
C/O IHV!\(; S nOBROW. MANAGER
^
U)WN OF Nt W WINUSOK'S
PLANN1N(. BOAKl) SI AMFCn APPKDVAL

RO'
^^'."^kr"
lE\3fg9'0'-
& \^„f^ ^^^^
^0^-^''^r^-'
PROPOSED
PYLON SIGN
PROm ^
41 PARKING STALLS TO
rfLWAT?0'=*«'^'"<=
SJALl%
TO
SITE DATA:
APPLICANT:
OWNER:
SITE ADDRESS:
PARCEL NUMBER:
ZONE:
ADVANCE AUTO PARTS, INC.
c/o PRIMAX CONSTRUCTION, IN<|
750-A NW BROAD STREET
SOUTHERN PINES. N.C. 28387
CONTACT: PARKER CANADY
PH- (910) 695-7350
V.G.R. ASSOCIATES, L L.C.
40 EAST 69TH STREET
NEW YORK. NY 10021-0009
C/O IRVING S. BOBROW, MNGR
RT. 94 8i TEMPLE HILL RD.
TOWN OF NEW WINDSOR
ORANGE COUNTY, NY
•69-1-6
C - "DESIGN SHOPPING"
TOTAL TRACT AREA: 10.711 AC. •/- (466.571.16 SF)
ZONING REQUIREMENTS:
(DESIGN SHOPPING)
REQUIRED
EXISTING
PROPOSED
MINIMUM LOT AREA:
MINIMUM LOT WIDTH<CBLDG LINE):
40.000 S.F.
200 FT.
469,141.2 S.F
475.43 FT.
YARD REQUIREMENTS:
MINIMUM FRONT YARD SETBACK:
60 FT.
MINIMUM SIDE YARD (ONE)"
30 FT.
MINIMUM SIDE YARD (BOTH):
70 FT.
MINIMUM REAR YARD SETBACK:
30 FT.
MAXIMUM HEIGHT:
35 FT.
FLOOR AREA RATIO: -•
• EXISTING CONDITION - VARIANCE NOT REQUIRED
-• FLOOR AREA RATIO BASED UPON FOLLOWING AREAS"
- AREA OF ENTIRE PROPERTY - 469,141.2 S.F.
- EXISTING BUILDING AREA(GROSS) - 123.952 S.F.
- PROPOSED BUILDING AREA(GROSS) - 123.273 S.F.
44.6 FT.'
50.0 FT.
144.5 FT
38.9 FT.
21-4 FT.
0.264
NO CHANGE
NO CHANGE
NO CHANGE
NO CHANGE
145.67 FT.
NO CHANGE
18.67 FT.
0.263
PARKING ANALYSIS:
EXISTING PARKING COUNT:
TYPICAL 10'X 20'STALLS:
385
HANDICAP STALLS-
14
TOTAL STALLS:
399
EXISTING CONDITION ANALYSIS
REQUIRED BY ORDINANCE:
TOTAL AREA
5.5 STALLS PER 1000 S.F. "PETAL"
120.601 S.F.
1 STALL PER 300 S.F. "BANK"
3.351 S.F.
4 STALLS PER BAY
5 BAYS
TOTAL
PROPOSED CONDITION ANALYSIS
REMAINING AFTER PROP. DEMOLITION:
TOTAL AREA
5.5 STALLS PER 1000 S.F. "RETAIL"
113.101 S.F.
1 STALL PER 300 S.F. "BANK"
3.351 S.F.
SUBTOTAL
ADVANCE AUTO PARTS ALONE:
5.5 STALLS PER 1,000 S.F. (GROSS)
6.821S.F.
OiJAUJlJY
REQUIRED
664
12
20
696
REQUIRED
622
12
634
38
EXISTING
388
11
399'
PROPOSED
372--
11
383"'
41
1
)
SUBTOTAL
38
41
REOUIPEl!)
287
QUANTITY
LESS THAN
REQUIRED
TOTAL
672
424""
248
•-EXISTING CONDITIONS ARE NON-CONFORMING.
"-THIS QUANTITY REFLECTS THE 16 PARKING STALLS LOST BY THE PROPOSED
IMPROVEMENTS BEFORE THE CONSTRUCTION OF THE NEW STORE.
-•--THIS QUANTITY REFLECTS THE EXISTING PARKING STALLS. LESS THE 16 LOST
BY THE PROPOSED IMPROVEMENTS. PLUS THE NEW 41 STALLS PROPOSED BY
ADVANCE AUTO PARTS.
PARKING ANALYSIS DESCRIPTION
AS INDICATED BY THE TABLE ABOVE. THE EXISTING SHOPPING CENTER FACILITY IS NON-
CONFORMING IN THAT AN INSUFFICIENT QUANTITY OF PARKING STALLS IS CURRENTLY
PROVIDED. THE PROPOSED CONDITION WILL ELIMINATE APPROXIMATELY 7,500 S.F. OF
EXISITING RETAIL AND AUTO REPAIR SPACE AND ADD 3.085 S.F. OF RETAJL SALES SPACE
AND 3.645 S.F. OF "WAREHOUSE" OR STORAGE SPACE. ADDITIONALLY. THE PROPOSED
IMPROVEMENTS WILL DECREASE THE TOTAL REQUIRED NUMBER OF PARKING STALLS
FOR THE ENTIRE SHOPPING COMPLEX FROM 696 STALLS TO 672 STALLS. A REQUIREMENT!
DECREASE OF 24 STALLS. THE PROPOSED CONDITIONS WILL ALSO INCREASE THE
QUANTITY OF THE SHOPPING CENTER'S ONSITE PARKING BY 38 STALLS, THEREBY
ADJUSTING THE TOTAL COUNT TO 424 STALLS. HOWEVER. THE PROPOSED QUANTITY
OF
STALLS IS STILL LESS THAN THAT REQUIRED BY ORDINANCE. THEREBY BEING
NON-CONFORMING. BASED UPON DIRECTION OF THE TOWN ENGINEER, A VARIANCE
FOR THIS REDUCTION OF NON-CONFORMANCE IS NOT REQUIRED.
BASED UPON THE ^VERtCANS WITH DISABILITIES ACT ACCESSIBlLlT f liUiDELINES
(DATED JULY 1998) AND THE PROPOSED OVERALL PARKING COUN'. A SUFFICIENT
QUANTITY OF HANC'CAP ACCESSIBLE PARKING STALLS CURRENTLY EXIST
FOR 'HE BOTH EXIST NG AND PROPOSED CONDlT*IONS. THEREFORE. NO
ADDiliGNiAL HANOiC.U^ ^^ARKING SPACES ARE PROPOSED.
GENERAL NOTES:
1.) THE INFORMATION USED TO CREATE THIS
PLAN WAS OBTAINED FROM THE PLAN
TITLED "ALTA SURVEY" COMPLETED BY
EUSTANCE 8( HOROWITZ. P.C.. (SIGNED
BY LEWIS T. POWELL, P.L.S- N.Y. LIC.
•47418) FOR VGR ASSOCIATES. DATED
APRIL 1. 1993 AND REVISED
SEPTEMBER 13. 1995.
''NO.
1
2
3
4
5
I e
REVISIONS/SUBMISSIONS
REVISE PLA-SS PER CLIENT COMMENTS
SUBMITTED TO TOWN
REVISE PLANS PER TWP COMMENTS
DATE
^
2-9-00
2-29-00
4-14-00
J
APPLICANT
ADVANCE AUTO PARTS. INC.
c/o PRIMAX CONSTRUCTION, INC
750-A NW BROAD St.
SOUTHERN PINES. N.C. 28387
CONTACT PAi=?KER CANAE-Y
PH: (910) 695-7350
FX: (910) 695-7360

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SITE :
RT. 94 & TEMPLE HILL RD
TOWN OF NEW WINDSOR
ORANGE COUNTY,NY
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