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Home My WebLink About1000-45.-2-10.3 w - - 1 RECEIPT TOWN CLERK TOWN of SOUTHOLD NO. \002 SUFFOLK COUNTY, NEW YORK _..... .......... 197... Received of . . . ...... ......... DOLLARS For . ................ � �lp,t,Z—...... .. .. .. .... ...... ..... ...................�� .Cs r,/...�.. ...... ....! . ..............................I............. i By ... Title ............. . ..�.TO CLERK I I KOCI JOHNSTONE ASSOCIATES INC. INTERIOR DESIGN AND PLANNING September I , 1976 Planning Board Town of Southold Suffolk County Southold, L. I . , New York 11971 Re: Application for Site Plan Approval Gentlemen: We are enclosing a ctiack in the amount of $25,00 for site plan approval . If you require anythfn g additional please do not hesitate to call . Very ruly yours, GLK:eb George L. Koch Enc. cc: St. Peterfs Church Pastor Coleman 535 FIFTH AVENUE, NEW YORK, N. Y. 10017 (212) 986-6170 0 6 :i`' C!Fi T l AISI � TE INC. INTERIOR DESIGN AND PLANNING SAN SIMEON BY THE SOUND - GREENPORT, N. Y. A RETIREMENT COMMUNITY Site Development - List of Tabulations Area of Site - 33.2475 Acres or approximately 1 ,448,263 sq. ft. Zone - Multiple Res. District M-1 General RESTRICTIONS: Allowable Density Dwelling Units I per 6,500 sq. ft. Motel Units I per 4,000 sq. ft. Building Coverage Maximum 25% Setbacks Front Yard 50 ft. Side Yard 20 ft. $ 25 ft. Rear Yard 50 ft. Building Height - Maximum Stories 2 Maximum Height 30 ft. Parking Motel Units - I space each I space per employee Dwelling Units - I space each per unit Approximate Total Required (By Code) 264 spaces SCHEME AS SHOWN Density 126 - I BR. D Units 24 - 2 BR. D Units 150 x 6500 = 975,000 sq. ft. 93 - Motel Units 93 x 4000 = 372,000 sq. ft. 1 ,347,000 sq. ft. SCHEME AS SHOWN 93.0% of allowed density. 475 FIFTH AVENUE, NEW YORK, N.Y. 10017 (212) 725-2121 4 6 M� ; NSTONE ASSOCIATES INC. INTERIOR DESIGN AND PLANNING SAN SIMEON BY THE SOUND PAGE - 2 - List of Tabulations - (continued) Building Coverage - San Simeon Inn - 46,000 sq . ft. Administration - Motel Building - 8,900 sq. ft. 63 - (2) 1 BR. Cottages - 161 ,280 sq . ft. 12 - (2) 2 BR. Cottages - 44,000 sq . ft. Open Shed Garage - 15,600 sq . ft. Maintenance-Equipment Storage Building 1 ,800 sq . ft. Poolhouse Cabana 500 sq. ft. Total 278,080 sq . ft. or 19.2% Building Height - Maximum Stories (2) Maximum Height 30 ft. Building Setback - Minimum Front Yard 35 ft. Minimum Side Yards 35 ft. Minimum Rear Yard 50 ft. Parking - On site stalls provided - Adm. Motel - 24 spaces San Simeon Inn - minimum - 32 spaces + 2 truck dock berths Cottage Units - Open Paring - 82 spaces Shed Parking - 64 spaces Total 202 spaces * Not included in count are loading and unloading berths and wide on site roadway (30' ) which would permit increase in visitor or short-time parking. 475 FIFTH AVENUE, NEW YORK, N.Y. 10017 (212) 725-2121 ^4 August 31, 1976 Mr. George Koch 535 Fifth Avenue Now York, Now York 10017 'W Dear Mr, Koch: The following action was. taken by the Southold Town . Planning Board at a regular meeting held August 30,1976. RESOLVED to approve the site plan received August 30s 1976 of "San Simeon by the Sound" subject to the Board of Appears granting variances for-'front yard parking and setbacks and granting,a special exception for the "Inn". Yours truly, Muriel ,3 ah, Secretary Copy to Board of Appeals _. 'p q to August 31, 1976 Mr, Robert Gillispie Board of Appeals Southold, New York 11971 Dear Mr. G1111spi.e: We have discuss*& % ther carefullyy with the applic the possibility of moving some of the buildings to requires fewer variances and are informed that, .because of the extensive grading of the area and beoa 'se of our inalstenc�4 ; • upon zones or areas for each use, they are unable to meet , the setback requirements. We are enclosinga copy of letter_to Mr. Xoch vhiich t,'. contains the resolution of the Planning Board appriving the site plan. Yours truly, _ ,T John Wickham, Chairman +za a Enclosure p �a "J � � p k F ST. PETERS LUTHERAN CHURCH Rev. William Coleman, Pastor WEST FRONT STREET Post Office Box 242 GREENPORT, LONG ISLAND 11944 Tel.516 477.0662 August 26 , 1976 Planning Board Town of Southold Town Clerk' s Office Main Road Southold, New York 11971 Gentlemen: Re: San Simeon By-The-Sound As I previously advised the Planning Board of the Town of Southold, it is the intention that the San Simeon Retirement Community project to be undertaken by Saint Peter's Lutheran Church will qualify for a tax exemption pursuant to the applicable provisions of the Real Property Tax Laws of the State of New York. Despite such tax exemption we are mindful of the fact that the Town of Southold will still be obligated to furnish municipal services such as police protection, fire protection, street lighting, and many other essential services which are paid for by the taxpayers of the Town of Southold. Since our initial meetings with Town officials, we have indicated that we do not intend to, in effect, impose the burden of furnishing such municipal services upon the taxpayers of the Town of Southold. To carry out such intention we have indicated that we would make annual contributions to the Town of Southold on such an equitable basis as would reimburse the Town for municipal services provided to this project. This letter is to evidence our good faith in assuring the Town of Southold that it is the intention of Saint Peter' s Lutheran Church of Greenport, New York, the sponsor of San Simeon By-The-Sound, to make annual contributions to the Town of Southold. Very IItruly yours, J �/ The Reverend William A. Coleman Pastor r OFFIC RNEY TO LD ROBERT W. TABKER 1 .Y. TELEPHONE TOWN ATTORNEY T 477-1400 425 MAIN 5T. GREENPORT, L. 1., N. Y. 11944 July 19, 1976 Mr. John Wickham, Chairman of the Southold Town Planning Board Mr. Robert W. Gillispie, Chairman of the Southold Town Board of Appeals Hon. Albert M. Martocchia, Supervisor of the Town of Southold Mr. Edward W. Fox, Chairman of Southold Town Board of Assessors Re: Taxable Status of San Simeon Dear Sirs: As you may know, the question of whether or not the San Simeon project owned by the St. Peter's Evangelical Lutheran Church of Greenport would qualify for a tax exemp- tion under Section 421 of the Real Property Tax Law has been given extensive consider- ation. I have asked the church to submit to me a memorandum outlining exactly what facilities would be constructed and the manner in which the project would be financed. I have in turn submitted this memorandum to the attorneys in the State Board of Equalization and Assessment and asked them for their opinion as to the taxable status of this project. I have received an opinion from the board and a copy of the opinion and the memorandum are enclosed herewith for your information. It would appear that if the project is con- structed and operated in the manner set forth in the memorandum, it probably will qualify for a tax exemption. Yours very truly, ROBERT W. TASKER RWT:MY Enclosures .. I FRANK A. WEIL CMA111 MAN MARIO M' Cuomo FREDERICK O'R. HAYES STATE OF NEW YORK ROSEPH H. PHY RICHARD AM WREBE EXECUTIVE DEPARTMENT THOMAS F. MCGRATH STATE BOARD OF EQUALIZATION AND ASSESSMENT COUNSEL AGENCY BUILDING e6 - EMPIRE STATE PLAZA ALBANY, NEW YORK 12223 July 13, 1976 Robert W. Tasker, Esq. Attorney, Town of Southhold 425 Main Street Greenport, New York 11944 Dear Mr. Tasker: This is in reply to your letter of June 22, 1976 wherein you request our opinion concerning the taxable status of a proposed building project of the St. Peters Evangelical Lutheran Church of Greenport, New York. It is apparently the intention of the church to construct on vacant land contiguous to the church, 150 cottages and a domiciliary facility housing approximately 84 people, as an adult home. The proposed structures will apparently be used as low cost housing facilities for the elderly. According to the church, it is intended that the project will be operated as a charitable one. It is, of course, not possible for us to render a definitive opinion as to the taxable status of real property not yet in exis- tence. 'this is especially true as to section 421 of the Real Property Tax Law, since in order to be exempt pursuant to such section, real property owned by the nonprofit organization must be used exclusively for exempt purposes. In prior opinions of this office, we have held that charitable homes for the aged owned by church groups may be exempt (see eg. , 1 Op.Counsel SHEA No. 55, 3 Op.Counsel SHEA Nos. 7, 16) . [As to your request for copies of our Opinions of Counsel, Volumes 1 through 3 thereof will be sent under separate cover. ) I am enclos- ing copies of two other opinions of this office (4 Op.Counsel SHEA No. 109, 5 Op.Counsel SHEA No. 9) , referred to in the church' s Robert W. Tasker, Esq. July 13, 1976 Page 2 memorandum you enclosed with your letter, which further discuss this issue. I trust that these opinions will assist the assessor in making his decision as to the taxable status of the property in question, should the proposed project be brought to fruition. In the event that it is not, however, please note that we have held that church owned vacant land may be taxable in certain circumstances (2 Op.Counsel SBEA No. 81) . I trust that the above information will be of assistance to you. Ver truly yours, Ste hen J. Harrison Attorney Enclosures '1 TOWN OF SOUTHOLD, NEW YORK DATE ............10/14/76........... ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2108 Dated March 3 , 1976 . ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To St. Peter' s Lutheran Church Appellant Main Road & Chapel Lane Greenport, NY 11944 at a meeting of the Zoning Board of Appeals on October 14 , 1976 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property OO Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8 :50 P.M. (E.D.S.T. ) - Decision upon application of St. Peter' s Lutheran Church, Main Road and Chapel Lane, Greenport, New York (San Simeon by the Sound) for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and requirements of "M-1" and "B" zones for per- mission to erect and maintain multiple dwelling complex including Self-contained dwellings and dormitory-type dwelling units. Loca- tion of property: Main Road, Chapel Lane, and CR27 , bounded on north by CR27 and A. Shames and others; east by Village of Green- port; south by Main Road (Route 25) ; west by Chapel Lane. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE ATTACHED (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE ATTACHED (e) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE ATTACHED and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE ATTACHED ZONING BOARD OF APPEALS FORM ZB4 Ak � • ACTION OF THE ZONING BOARD OF APPEALS After investigation and inspection the Board finds that the applicant requests permission to erect and maintain multiple dwelling complex including self-contained dwellings and dormitor• type dwelling units, Main Road, Chapel Lane , and CR27 , Greenport New York. The findings of the Board are that, in their opinion, the suggested arrangement is the optimum one to insure open spac and a reasonable walking distance to parking areas . The Board hae discussed this project at length with Reverend Coleman of St. Peter' s Lutheran Church, George Koch, the architect of San Simeon by the Sound, and Henry Pearson, Esq. , the attorney for f St. Peter ' s Lutheran Church. Some of the topics discussed at the public hearing and other meetings are as follows: 1. San Simeon by the Sound is to be a retirement community sponsored by St. Peter ' s Lutheran Church, the purpose of which is "to provide, below market cost, an earthly and spiritual home for elderly Lutheran persons , and those senior citizens living in Southold Township. " (Minutes of September 15 , 19.76 ; page 2 ; paragraph 3. ) 2. San Simeon is to be a non-profit operation and, as such, is applicable for tax exemption. If it does receive a tax-exempt status , the Church will pay to the Town a proportionate annual share of Town expenses for services such as police and fire protection, lighting , etc. 3 . The project will not be in competition with the Nursing Home which adjoins it to the north. Rather, they will together provide a more complete spectrum of health care for the elderly. 4 . The Church will be able to provide housing at a lower cost than other organizations because the profit motive is eliminated. S. San Simeon will provide employment for approximately 40 to 50 people. 6 . An Admissions Committee will be set up to review appli- cations. The Church will probably request financial disclosure statements from people desiring to enter San Simeon and, by using actuarial tables , compute who will best be able to carry theirownweight. There is also an endowment fund being set up to subsidize people who, for some reason, deplete their own funds . Another responsibility of the Admissions Committee will be to probe motivation. For example, if the Church fel that a person was able to continue living on his own ani did not really need the services they provide, he would discouraged from entering San Simeon. 7 . No families with children attending local schools will permitted to reside at San Simeon. 8. Rather than imposing a grid-iron pattern over the area; the architect has designed the project so that it will catch the sun, make the best use of open space , and prc vide convenient parking. -3- 9. The "Inn" will be made up of domiciliary units connected with enclosed corridors. There is a total of 84 single bedrooms and a restaurant in the facility. 10. There will be 150 cottage units of which 124 are one- bedroom units and 26 are two-bedroom units. 11. There will be nine motel-type units for temporary accom- modation of quests of people living in San Simeon. 12. One of the recommendations of the Suffolk County Planning Commission was that Chapel Lane be widened and improved as per Town of Southold specifications . The Board decided not to include this point in their resolution. They felt that people should be discouraged from using this road because of the dangerous intersection of Chapel Lane and CR27 . There are entrances to San Simeon from CR27 , the Main Road (Route 25) , and Chapel Lane; however, the en_ trance on Chapel Lane will be used only as a "relief valve" for the other two. The main entrance will be off CR27 (North Road) . The Board finds that the public convenience and welfare and justice will be served and the legally established or per- mitted use of neighborhood property and adjoining use districtE will not be permanently or substantially injured and the spirit of the Ordinance will be observed. THEREFORE IT WAS RESOLVED, St. Peter ' s Lutheran Church, Main Road and Chapel Lane, Greenport, New York (San Simeon by the Sound) be GRANTED a special exception to erect and maintair multiple dwelling complex including self-contained dwellings and dormitory-type dwelling units, Main Road, Chapel Lane, and CR27 , Greenport, New York, as applied for, subject to the following conditions: 1. The applicant shall file for a variance on the length of the domiciliary. 2 . The applicant shall pay a proportionate share of Town expenses in lieu of taxes . This is a moral � ,f' �✓ obligation and not a legal one. 3 . Public water and sewerage will be supplied by -- I the Village of Greenport. 4 . The restaurant, hotel, and domiciliary shall be used only by guests and residents of San Simeon. 5 . There shall be no more than nine (9) motel-type l' units for temporary accommodation of visitors- to the residents of the San Simeon facilities. Temporary is interpreted here to mean a two- week accommodation. Vote of the Board : Ayes : - Messrs: Gillispie, Bergen, Hulse, Grigonis. RICHARD 4* WIE BE ,MAIRMAM FREDERICK O'R. HAYES JOSEPH H. MURPHY STATE OF NEW YORK EXECUTIVE DEPARTMENT STATE BOARD OF EQUALIZATION AND ASSESSMENT AGENCY BUILDING M♦ - EMPIRE STATE PLAZA ALBANY, NEW YORK 12223 4 Op .Counsel SBEA No. 109 Nonprofit organizations exemption (charitable) (Board of Pensions of United Presbyterian Church) -- Real Property Tax Law, §421 : Real property owned by the Board of Pensions of the United Presbyterian Church and used Exclusively as a home for retired ministers or missionaries of such church is entitled to exemption pursuant to section 421 of the Real Property Tax Law as chari- table property where the homes are run at an annual deficit made up by contributions and donations from individuals or groups other than those occupying the premises . Our opinion has been requested concerning the taxable status of property owned by the Board of Pensions of the United Presbyterian Church, a nonprofit corporation organized under the laws of Pennsylvania. The property in question was acquired by devise from an individual with the stipula- tion that the property be used as a home for retired ministers or missionaries of the United Presbyterian Church. Accord- ing to information supplied by the attorney for the Board of Pensions , the property is presently occupied by a retired minister and his wife. These occupants apparently make a monthly maintenance contribution of $90, although the total operating expenses are substantially more (approximately $276 per month) . According to the attorney, the payments made by the occupants are based upon their financial ability to make a contribution towards upkeep and in no case do they exceed the actual cost to the Board of Pensions of operating the property, nor do they reflect the fair rental value thereof. 4 Op.Counsel SBEA No. 109 Page 2 First , it is clear that if this property is to be exempt it must meet the requirements of section 421 of the Real Property Tax Law. Two other statutes dealing with the taxable status of property owned or occupied by clergymen are inapplicable. Section 462 of the Real Property Tax Law provides that property owned by a religious corporation actually used by the "officiating clergymen thereof" for residential purposes is exempt from taxation. Since the occupants of the property in question are not the officiat- ing clergymen of this religious corporation, this exemption is not applicable. Nor is the partial exemption provided by section 460 available in this case since that section requires the property to be owned by the minister himself or his unremarried widow, which is not the case here. Section 421 of the Real Property Tax Law authorizes an exemption from real property taxation on property owned by certain nonprofit organizations. The statute requires that the property be owned by a corporation or association orga- nized exclusively for one or more exempt purposes and that the property be used exclusively for such purposes with any portion of the property not so used being subject to taxation. In addition, no officer, member or employee of the organiza- tion may be entitled to receive any pecuniary profit from its operation, except reasonable compensation for services performed in furtherance of corporate purposes . The first requirement of this statute then, is that the association or corporation be "organized exclusively" for one or more of the exempt purposes enumerated therein. This is determined by examining the purposes and object in the certificate of incorporation or charter if any (Great Neck Section etc . v. Board of Assessors, 21 Misc. 2d 1 2�, 1S9 N.Y. .2d ; GoodwillC ub of Amsterdam New York v. Cit of Amsterdam, 31 M sc .2d 1096, 2 N. . d 9 Inspection of the charter of the Board of Pensions of the United Presby- terian Church indicates that it is organized to provide housing, pensions, and other similar benefits for retired ministers and missionaries of the United Presbyterian Church, their spouses or surviving spouses, and commissioned church workers. I While the Board of Pensions is an agency of the United Presbyterian Church, the purposes for which the Board is authorized do not appear to be exclusively religious, although the purposes for which the Church itself has been organized i i I 4 Op.Counsel SBEA Ivo. 109 Page 3 might be so. However, it may be that the Board of Pensions is organized exclusively for charitable or benevolent purposes within the meaning of section 421 and therefore its property would be entitled to an exemption. Charity has been defined as " . . . any act done without expectation of profit which alleviates the condition of the handicapped or unfortunate, or tends to forward the progress of mankind " (Greenv. Javits , 7 Misc. 2d 312, 166 N.Y.S.2d 198, aff'd Sub-nom Green v. efkowitz, 4 App.Div.2d 198, 167 N.Y.S . 2d 431, appeal denied, 4 App.Div. 2d 947, 168 N.Y.S.2d 607, !2 cal dismissed, 4 N.Y .2d 704, 148 PI.E. 2d 308, 171 N.Y.S2d 9 . As was noted in re Altman' s Estate , 87 Misc . 255, 149 N.Y.S. 601, at 605 : Charity always connotes the public generally or the public at large, or at least an indefinite section of it . and not, I think, a definite section of it; or, in other words, not certain beneficiaries in a Particular employment, who are only uncertain because their names do not happen to be known to a charitable donor The test of a charitable gift or use and a test of a charitable corporation are in law the same. . . . [each] must be for persons as uncertain as the Public at large or some general section of it, such as the poor or the needy. Similarly, benevolence is " . . . the doing of a kind, helpful action toward another under no obligation except an f'f ethical one . . . " (State v. Dunn, 134 N.C . 663, 46 S.E. 949) (See also, 3 Op . Counsel SBEA Nos . 7 and 16) . Assuming it is concluded that the Board of Pensions is organized exclu- sively for one or more exempt purposes, the other require- ment which must be met is that the property be "used exclu- sively" for such purposes . j Although this appears to be a close question, we feel constrained to say that the property is entitled to an ! exemption from real property taxation pursuant to section 421 based on the decision in American-Russian Aid Association v. City of Glen Cove, 41 Misc . 2d 22, 2 N.Y.S. 2d 123, aff'd, 23 App. Div.2d 966, 260 N.Y.S .2d 589. In that case, the Association was organized to help people of Russian descent who were in distress, to establish and maintain a home for worthy and indigent aged men and women and to operate same, together with general religious objectives. 4 Op.Counsel SBEA No. 109 Page 4 As is apparently true of the present case, the homes in the American-Russian Aid case were maintained at an annual deficit made up by contributions and donations from indivi- duals or groups other than those occupying the premises . The Court held the property of the Association to be exempt from taxation pursuant to section 421, as property used for a charitable purpose. While the reasoning of the last cited case appears to be applicable to this inquiry, the assessor should still carefully investigate the operation and use of the property in question and make an independent determination as to whether the requirements of section 421 are being strictly adhered to, before granting an exemption on the property in question. March 25, 1975 RICHARD A. WIESE CHAIRMAN FREDERICK O'R. MAYES JOSEPH H. MURPHY STATE OF NEW YORK ERECUTIVE DEPARTMENT STATE BOARD OF EQUALIZATION AND ASSESSMENT AGENCY BUILDING RR - EMPIRE STATE PLAZA ALBANY, NEW YORK 12223 5 Op.Counsel SBEA No. 9 Nonprofit organizations exemption (charitable) (single family low- income housing) -- Real Property Tax Law, §421: The taxable status of a housing project owned by a nonprofit organization organized for charitable purposes depends on whether or not the project is used exclusively for such purposes. Our opinion has been requested as to whether or not several single family dwellings owned by a not-for-profit corporation to provide low-income housing is entitled to a tax exemption under section 421 of the Real Property `Pax Law. Apparently the corporation purchased these dwellings pursuant to the following powers contained in paragraphs B 1 and 2 of its certificate of incorporation. Demonstration by specific project or projects of rehabilitation or construction or both of dwelling units of varying amounts and types, and appurtenant facilities and structures , for sale or rent, utilizing conventional F. H. A . or other financing, how blighted, deteriorating or threatened urban areas can be improved by private enterprise and home ownership . Provision of adequate housing by private capital and enterprise for persons who otherwise have insuf- ficient funds or income to acquire such housing for themselves and to assist such persons to acquire and maintain such housing. r 5 Op .Counsel SBEA No . y Page 2 The corporation claims that no member has received any pecuniary profit and the members have paid any deficiencies incurred in the operation of these dwellings . In a prior opinion (1 Op.Counsel SBEA No. 55) , we concluded that the taxable status of housing owned by a nonprofit organization organized for charitable purposes depended upon whether or not the housing project was being used in fact exclusively for "charitable" purposes . This is a question of fact, the relevant factors of which we set forth in such opinion. Since we rendered this opinion, two courts have con- sidered this very question, discussed in some detail the meaning of "charity" as related to housing, and concluded on the facts before them that tha projects were not involved. (Matter of Bedford-Stu vesant Restoration Corp. , 172 N.Y.L.J. No . 23, P . 11, col. 2 -1-7 ; Matter of__T_ Parkhill Corp . , 173 N.Y .L.J . No. 118, p. 16, col . 3-12-75 . These cases should be of assistance to local officials in getting additional information from corporations in order to deter- mine the "charity" issue. April 17, 1975 II RE: St. Peter's Evangelical Lutheran Church of Greenport, N.Y. Information submitted relating to a request for a ruling as to the tax-exemptable status of real property owned by said Church, and proposed use thereof. I --------------------- 1 (j 1. The Church is presently the owner of a 3 acre parcel of land contiguous with the land upon which its church building stands, and is presently seeking permission to construct upon such land a project i! II consisting of approximately 150 cottages and a domiciliary facility housing approximately 84 persons, as an adult home. I 2. The purpose of this project is to provide, below market cost, a home and spiritual care for elderly Lutheran.persons, and those others living in Southold Township who are elderly and in need of low-cost housing.! 3. This project, in both operation and construction, will be sub- sidized by the sponsor, the St. Peter's Lutheran Church. To this end the I congregation has already received through bequests and fund-raising activities approx. $200, 000, earmarked for this project. In addition, the land which is presently owned by the Church, and which will be used for this project, is appraised at $650, 000. 4. This proposed project will beoperated entirely for chari- table purposes. Rents and/or maintainance charges will be projected and set according to the need, after taking into consideration bequests and other contributions received, to achieve a break-even point, that is to say, ! no profit is expected to be made, and no officer, member or employee will received any pecuniary profit form operations, except reasonable com- pensation for services rendered. Nor will the project be operated to i i I -2- create any profit for the Church. 5. A natural question that might spring to mind is this: 'Why does the Church want to go to all the trouble to build and operate such a complex, without any profit or reward? ' The answer is this: The consti- tution of the congregationt sets forth, in Article X, Section 7- Standing Committees:'�There shall be a Committee on Social Ministry. The Ourpose jj �i of this committee shall be to extend Christian compassion and helpfulness I to the ill, the aged, the orphaned, the underprivileged, the imprisoned i Iiand, in general, to persons of all ages in need of aid in body or soul. The congregation believes since it has been privileged by God to become the owner of this land, it should be put to use by the congregation in some manner that would advance the charitable, compassionate objectives of t 'I the Church to minister to the underprivileged, ( in this case, the elderly part of persons of limited income) which is/its Christian purpose of existence. Otherwise, the land lies vacant, of no use to anyone. t, 6. We believe that this proposed project can qualify for exemp- tion from real property taxation under section 421 of the Real Property I I i Tax Law, in the following manner: j i ( The real property is owned by a corporation organized exclusively for one or more of the exempt purposes set forth in the statute (i.e. religious purposes), (b) The next requirement is that the real property be used ex elusively for exempt purposes. We believe that the purpose intended for this property meets the test of charitable use. Charity has been defined as". . . any act done without expectation of pro- fit which alleviates the condition of the handicapped or unfortu- nate, or tends to forward the progress of mankind. (Green v• Javits, 7 Misc 2d 312, 166 N.Y.S. 2d 198, see 4 Op Counsel; i • -3- • I SBEA No. 109). Similarly, benevolence is". . . the doing of a kind, helpful action toward another under no obligation except an ethi- cal one. . . " (State v. Dunn, 134 N.C. 663, 46 S.E. 949, see also 4 Op. Counsel SBEA No. 109). We believe that our objectives i fall under this definition, for the reasons set forth previously. (c) Another requirement:"No officer, member or employee of the organization may be entitled to receive any pecuniary profit from its operations, except reasonable compensation for services per- j Ii formed in futherance of the corporate purposes"-- As stated I previously, no one (including the Church) will obtain or receive any profit, income or similar, excepting, of course, administra- tors will be paid. !� W. The organization, and the proposed project, is not, in any manner, a guise or pretense for making any pecuniary profit i for any organization nor for any of its members or employees. 11 Its only purpose, as set forth previously, is entirely charitable is ,f and benevolent in nature and in pursuance of what we believe to be God's work on earth. 1 7. Reference is made to 5 Op. Counsel SBEA No. 9, wherein I it is stated: "Nonprofit organizations exemption (charitable) (single family low-income housing) -- Real Property Tax Law, s. 421: The taxable status of a housing project owned by a nonprofit or- ganization organized for charitable purposes depends on whether or not the project is used exclusively for such purposes. . . j We believe that the local assessor, when investigating the actual use of the property, will satisfy himself that our proposed use of the property is a i necessary and integral part in carrying out the overall corporate purposes, and, more specifically, the carrying out and forwardance of our work in Social Ministry, in this case, Christian compassion and helpfulness to the aged. -4- i i fil 8. Based upon the facts and other information set forth above, I we hereby request of the State Board of Equalization and Assessment an opinion as to the taxable status of the real property which is the sub- ject of the foregoing. Dated: June 9, 1976 Ili Respectfully submitted, I� P ST. PETER'S EVANGELICAL LUTHERAN CHURCH OF GREEN- PORT, N.Y. f ,! ---------------------------- I �I I � I I III I i I RE: St. Peter's Evangelical Lutheran Church of Greenroortw N.Y. Information submitted relating to a request for a ruling as to the tax-exemptable status of real property by said Church, and proposed use thereof. ------------- ------------ 1 . The Church is presently the owner of a 38 acre parcel of land contiguous with the land upon which its church building stands, and is presently seeking permission to construct upon such land a project consisting of approximately 150 cottages and a dom- iciliary facility housing approximately 84 persons, as an adult home. 2, The purpose of this project is to provide, below market coati an earthly and spiritual home for elderly Lutheran persons, and those senior citizens living in Southold Township. 3. This project, in both operation and construction, will be subsidized by the sponsor, the Stl Peter's Lutheran Church. To this end the congregation has already received through bequests and fund-raising activities approxi $200,000, earmarked for this project. In addition, the land which is presently owned by the Church, and which will be used for this project, is appraised at $650,000. 4. This proposed project will be operated entirely for charitable purposes. Rents and/or maintai.nance charges will be projected and set according to the need, after taking into con- sideration bequests and other contributions received, to achieve a break-even point, that is to say, no profit is expected to be made, and no officer, member or employee will receive any pecuni- ary profit from operations, except reasonable compensation for services rendered. Nor will the project be operated to credit any profit for the Church. 5. A natural question that might spring to mind is this: 'Why does the Church want to go to all the trouble to build and operate such a complex, without any profit or reward? ' The answer is this: The constitution of the congregation sets forth, in Article x, Section 7 - Standing Committees: "There shall be a -2- Committee on Social Ministry. The purpose of this committee shall be to extend Christian compassion and helpfulness to the ill, the aged, the orphaned, the underpriviliged, the imprisoned and, in general, to persons of all ages in need of aid in body or soul." The congregation believes since it has been privileged by God to become the owner of this land, it should be put to use by the congregation in some manner that would advance the charitable, compassionate objectives of the Church to minister to the under- privileged, (in this case, the elderly persons of limited income) which is part of its Christian prupose of existence. Otherwise, the land lies vacant, of no use to anyone. 6. We believe that this proposed project can qualify for exemption from real property taxation under section 421 of the Real Property Tax Law, in the following manner: (a) The real property is owned by a corporation organized exclusively for one or more of the exempt purposed set forth in the statute (i.e. religious purposes) , (b) The next requirement is that the real property be used ,exclusively for exempt purposes. We believe that the purpose intended for this property meets the test of charitable use. Charity has been defined as " . . . any act done without expectation of profit which alleviates the condition of the handicapped or unfortunate, or tends to forward the progress of mankind. .. " (Green v. Javits, 7 Misc 2d 312, 166 N.Y.S. 2d 198, see 4 Op Counsel :BEA No. 109) . Similarly, benevolence is " . . . the doing of a kind, helpful action toward another under no obligation except an ethical one. . ." (State v Dunn, 134 N.C. 663, 46 S.E. 949, see also 4 Op. Counsel SBEA No. 109) . We believe that our objectives fall under this definition, for the reasons set forth previously. (c) Another requirement: "No officer, member or employee of the organization may be entitled to receive any pecuni- ary profit from its operations, except reasonable com- pensation for services performed in furtherance of the corporate purposes"-- As stated previously, no one (in- cluding the Church) will obtain or receive any profit, income or similar, exception, of course, administrators will be paid. (d) The organization, and the proposed project, is not, in any manner, a guise or pretense for making any pecu- niary profit for any organization nor for any of its members or employees. Its only purpose, as set forth previously, is entire4 charitable and benevolent in nature and in pursuance of rthat we believe to be God's work on earth. 7. Reference is made to 5 Op. Counsel SBEA No. 9, wherin it is stated: "Nonprofit organizations exemption (charitable) (single family low-income houseing) -- Real Property Tax Law, s. 421 : The taxable status of a housing project owned by a non- profit organization organized for charitable purposes depends on whether or not the project is used exclusively for such pruposes. . ." We believe that the local assessor, when investigating the actual use of the propeAy, will satisfy himself that our proposed use of the property is a necessary and integral part in carrying out the overall corporate purposes, and, more specifically, the carrying out and forwardance of our work in Social Ministry, in this case, Christian compassion and helpfulness to the aged. S. Based upon the facts and other information set forth above, we hereby request of the State Board of Equalization and Assessment an opinion as to the taxable status of the real property which is the subject of the foregoing. hated: June 9, 1976 Respectfully submitted, ST. PETER'S EVANGELICAL LUTHERAN CHURCH OF GREEN- PORT, N.Y. by; ----------------------- L Southold Town Board of Appeals � ! SOUTHOLD, L. I., N. Y. 11971 Telephone 765-2660 APPEAL BOARD MEMBERS Robert W. Gillispie,Jr., Chairman Robert Bergen Charles Grigonis, Jr. Serge Doyen, Jr. March 8 , 1976 Fred Hulse, Jr. Mr. John Wickham, Chairman Southold Town Planning Board Main Road Southold, N. Y. 11971 Dear John : At a meeting called by the Chairman of the Board of Appeals on March 4 , 1976 for the purpose of reviewing applications for public hearings to be held on March 18 , 1976 , after inspection of applications submitted by St. Peter ' s Lutheran Church, IT WAS RESOLVED That public hearings on Appeal No. 2107 and Appeal No. 2108 be postponed until the Board of Appeals receives the recommendations of the Planning Board. Sinc erely, R Gillispie, Jr. RWG:mm Chairman KOCH-JOHNSTONE ASSOCIATES INC. INTERIOR DESIGN AND PLANNING 475 FIFTH AVENUE, NEW YORK., N.Y. 10017 (212) 725-2121 To Town of Southold Planning Board Date January 5, 1976 Main Road Project San Simeon by the Sound Southold, New York Attn. Mr. Wickham I We are sending you herewith the following: Item Mark Date Copies - Remarks Prints I A 2 Latest site plan and sub-division drawings. I B 2 These plans comply with the suggestions and recommendations given at our last meeting. Please review so that we can meet to discuss any comments at your next regular planning board meeting. By Koch C. j !S E A S �, TES INC. INTERIOR DESIGN AND PLANNING SAN SIMEON BY THE SOUND - GREENPORT, N. Y. A RETIREMENT COMMUNITY Site Development - List of Tabulations Area of Site - 33.2475 Acres or approximately 1 ,448,263 sq. ft. Zone - Multiple Res. District M-1 General RESTRICTIONS: Allowable Density - Dwelling Units I per 6,500 sq. ft. Motel Units I per 4,000 sq. ft. Building Coverage Maximum 25% Setbacks Front Yard 50 ft. Side Yard 20 ft. $ 25 ft. Rear Yard 50 ft. Building Height - Maximum Stories 2 Maximum Height 30 ft. Parking Motel Units - I space each I space per employee Dwelling Units - I space each per unit Approximate Total Required (By Code) 264 spaces SCHEME AS SHOWN Density 126 - I BR. D Units 24 - 2 BR. D Units 150 x 6500 = 975,000 sq. ft. 93 - Motel Units 93 x 4000 = 372,000 sc. ft. 1 ,347,000 sq. ft. SCHEME AS SHOWN 93.0% of allowed density. 475 FIFTH AVENUE, NEW YORK, N.Y. 10017 (212) 725-2121 ASSOCIATES INC. INTERIOR DESIGN AND PLANNING SAN SIMEON BY THE SOUND PAGE - 2 - List of Tabulations - (continued) Building Coverage - San Simeon Inn - 46,000 sq . ft. Administration - Motel Building - 8,900 sq. ft. 63 - (2) 1 BR. Cottages - 161 ,280 sq. ft. 12 - (2) 2 BR. Cottages - 44,000 sq. ft. Open Shed Garage - 15,600 sq . ft. Maintenance-Equipment Storage Building 1 ,800 sq. ft. Poolhouse Cabana 500 sq . ft. Total 278,080 sq . ft. or, 19.2% Building Height - Maximum Stories (2) Maximum Height 30 ft. Building Setback - Minimum Front Yard 35 ft. Minimum Side Yards 35 ft. Minimum Rear Yard 50 ft. Parking - On site stalls provided - Adm. Motel - 24 spaces San Simeon Inn - minimum - 32 spaces + 2 truck dock berths Cottage Units - Open Parking - 82 spaces Shed Parking - 64 spaces Total 202 spaces * Not included in count are loading and unloading berths and wide on site roadway (301 ) which would permit increase in visitor or short-time parking. 475 FIFTH AVENUE, NEW YORK, N.Y. 10017 (212) 725.2121 KOCH JOHNSTONE ASSOCIATES INC. INTERIOR DESIGN AND PLANNING 475 FIFTH AVENUE, NEW YORK, N.Y. 10017 (2121725-2121 To Date roj Attn. ) We are sending you herewith the following: Item Mark Date Copies Remarks L Sy 176 10/28 Rev. Coleman: It was initially drawn to be presented to the Village Board and we wanted to be a little cautious in that, too. Mr. Coyle: You say you have a letter. Mr. Coleman: Mr. Monsell says they have voted to give the service to three petitioners and we are one of the three. Mr. Raynor: Are you looking for one or two stories? Mr. Koch: One story, low to the ground with ramps and long walks, etc. Mr. Raynor: We are talking about twenty-one units based on thirty-four acres. Mr. Wickham: Would this be limited to Lutherans or Protestants in general? Rev. Coleman: Our own parishioners would have to be given first preference. Mr. Price will send in an amended petition. On motion made by Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED to approve the map of the minor subdivision of the Estate of Marie Vermaelen as approved by the Southold Town Board of Appeals. Vote of the Board: Ayes: Wickham, Moisa, Raynor, Coyle and Grebe. On motion made by Mr. Raynor, seconded by Mr. Grebe, it was RESOLVED that the Southold Town Planning Board recommend r to the Southold Town Board the bond estimate dated October 28, 1974 prepared by Lawrence M. Tuthill, P.E. for the subdivision entitled "Oregon View Estates" at Cutchogue, New York, in the amount of $100,000.00. Vote of the Board: Ayes: Wickham, Moisa, Raynor, Coyle and Grebe. The secretary was directed. to send a copy of the letter of April 18, 1973 to Mr. Jack Levin of the Sound Shore Motel asking him to comply if he wishes release of his bond. o��5�FF0(K�O s OFFIC RNEY TO LO ROBERT W. TABKER 0� TELEPHONE TOWN ATTORNEY a77-1aoo 425 MAIN ST. GREENPORT, L. I., N. Y. 11944 October 17, 1975 Mr. Henry Raynor, Jr. Cardinal Drive Mattituck, New York 11951 Re: San Simeon Retirement Home Dear Henry: Mrs. Brush has sent me a copy of the site plan of the above project. In view of the small scale of the plan, the lack of dimensions, and zone district boundaries and property lines, it is very difficult to ascertain whether the plan complies in all respects with the Zoning Ordinance. With respect to your question as to the length of the buildings, in the absence of a definition for "length" of the building in the ordinance, it would seem logical to me that the length would have to be construed as the longest dimension of the building (not measured on the diagonal). All dimensions in the ordinance such as lot width and lot depth are measured from the front to the rear or from side to side and not on a diagonal. To attempt to determine the length of a building by measuring on the diagonal would be a unique method not used in the ordinance for any other measure- ments. Under the Zoning Ordinance a building is defined as "any combination of materials forming any construction". If the two wings of the building are connected by a passageway or any other type of construction then both portions of the building would have to be construed as one building since they are connected together. If on the other hand the two structures are deemed to be separate buildings, then under the provisions of the Zoning Ordinance there must be a minimum distance between them equal to two times the height of the highest building. I have not made any calculations as to whether or not sufficient land area has been set aside for each dwelling unit. A cursory examination of the site plan would indicate that there is not adequate park- ing spaces provided nor are they located within 200 feet of each unit. 0 Mr. Henry Raynor, Jr. -2- October 17, 1975 At the north end of the site, a group of structures is shown designated as "the Inn". This would apparently be deemed a hotel or motel under the Zoning Ordinance and such use can only be permitted in the M-1 zone by special exception by the Board of Appeals. Here again a cursory examination indicates that there are inadequate parking facilities. In the southwest corner of the site appears a structure designated as "administration/ motel building". In this regard, the land area and parking requirements of the ordinance should be checked to ascertain if this structure meets such requirements. I am returning to you herewith the site plan. Yours very truly, ROBERT W. TASKER RWT:MY Enclosure E October 15, 1975 Robert'Soaker, ]-Esq. Main Street Greenport. New York 11944 Re= San Simeon RetirementHome 'Dear Mr. Taskert Henry Raynor has requested that I send you the enclosed copy of.proposed site plan for the above-oaptioned project. I have circled the area in question that is entitled the ninnn. The County in their recommendation before the change of zone requested a notation for possible widening of County Route 27. We have in the past requested that this be twenty-one feet. Mr. Koch, the architect, wanted to know if it is ,permissable to put the fifty, foot right-of-way in the M-1 zone as Mr, Wickham told him it could. not be in the siAo They have designated a 35 foot setback from the land of the Village of Grosnport and John suggested a buffer zone. Henryhas said that. -the units would have to be measured diag6bil y. There %" also,a quostion w2 'the enclosed- corridor at the "Irin". I think it *ftld,,be good to have something in writing so I can adtise these people on their next step. Yours trulyi Mdriel Brush, Secretary Officers 0 / 0 MAYOR / (lla je of R_9i,ee17 JOSHPH L TOWNSRND, 1R. porl INCORPORATED I83A NEW IN CO RPOPATION APPA T, 1... TRUSTEES RE INCORPDPATINNC'R cENCRAI uw MA1 aP. I... HENRY CARLOL71 SAMURI.KA'17iy WILLIAM IT I T M HE WO I.IAM r11 IINN 5019. 01III II IIIhS L U N (A 1 5 L A 'T"4 V IAMPF. 1 MIINtil I I ... Greenport, Suffolk County, Y. October 6, 1975 Saint Peter's Lutheran Church Main Road Greenport, New York 11944 Attention: The Rev. William A. Coleman Re: San Simeon-Senior Care Project Dear Rev. Coleman: The request of Saint Peter's Lutheran Church to connect a proposed project called San Simeon-Senior Care Project to the Village of Greenport Sewer System is Looked upon favorably. You have submitted the necessary flow data for the 248 units and the demand does not exceed the capacity of our plant. We will start preparing a legal agreement and final approval will depend upon hoth parties agreeing to and signing the agreement. If I can be of further service, please call. Very truly yours, James I. Monsell perintendent of Public Utilities JIM:nr cc: George L. Koch, Koch-Johnstone Associates, Inc. Southold Town Planning Board dxAl++. ,*' ` h,hkAlil I. fi .rN."',.T3Th tr11, NEW=.R n. Y�.._., . a �:1g ,{ ' Officers MAYOR ICllQ�le o/ - Vreenlorl JOSEPH I.. TOWNSFNI). JR. IN fp RVO fl1T[O I!]• NFW IM Cn PPO R1TIpN /.PPIL I, Inp• TRUSTEES Rf IX CO PPpPRTiON ilnp[IL[N[P/.t L.W AlM IWNRY('ARLO%7.1 SAMUEI.KAI7 WILLIAM II f II If LIiIN _ p J. �? f WII I IAM o1 INN /�-� k.) N G I S L A N V`" SUPI'. OP (11111111S L JAMI1ti I. MUN.`.II I greenport, Suffolk County, Y. October 6, 1975 Saint Peter's Lutheran Church Main Road Greenport, New York 11944 Attention: The Rev. William A. Coleman Re: San Simeon-Senior Care Project Dear Rev. Coleman: A request by Mr. George Koch, the designer of San Simeon-Senior Care Project located near Greenport, to place drainage water from the project on the Village of Greenport water shed land is looked upon favorably. Studies will have to be made of method of placing water on our land, quality of water, amount of water, location of receiving and storage area and your responsibility to us. If any permits are necessary from any environmental agencies, it will be your responsibility to obtain them. A legal agreement must be prepared and final approval by the Village Board of Trustees will depend upon San Simeon and the Village agreeing to the terms of the legal document. If I can be of further service,l please call. Very trul ours, James I. Mon sell Superintendent of Public Utilities JIM:nr cc: George L. Koch - Koch-Johnstone Associates, Inc. Southold Town Planning Board ....+1 z4 ^!•Yi T.Y..yrV'"»�r413.h : t fI.�I A.:: S ,.0 R�I. :`!k!�P �, KYI. i51 �i i '.>;:. ,�NN CHANGE OF ZON*PPLICATION #227 t Hearing was called to order at 7: 30 p.m. by Supervisor Martocchia. Councilman Rich read the legal notice Pursuant to Section 265 of the Town Law and Requirements of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearing will be held by the Southold Town Board in. the Office of the Supervisor, 16 South Street, Greenport, New York, in said Town, on the 25th day of February, 1975, on the following proposal to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York. 7: 30 p.m. (EST) by changing from "A" Residential and Agricultural District to "M-1" General Multiple Residence District the property of St. Peter' s Lutheran Church situated at Greenport, Town of Southold, Suffolk County, New York, and more particularly bounded and described as follows: BEGINNING at a monument at the intersection of the easterly line of Chapel Lane with the southerly line of Middle Road; from said point of beginning running along said southerly line of Middle Road two courses as follows: (1) N. 520 58' 50" E. 27 feet; thence (2) Northeasterly on a curve to the left having a radius of 749.20 feet a distance of 338.09 feet to a monument and land of Rarus Inc. ; thence along said land of Rarus, Inc. three courses as follows:. (1) S. 530 26' 40" E. 400.0 feet; thence (2) N. 360 33' 20" E. 390.0 feet; thence (3) N. 530 26' 40" W. 400.0 feet to said south- erly line of Middle Road; thence along said southerly line N. 360 33' 20" E. 50.0 feet to land of Pauli; thence along said land of Pauli, S. 531 26' 40" E. 460.05 feet to land of the Village of Greenport; thence along said land of the Village of Greenport, three courses as follows: (1) S. 180 37' 00" W. 448.87 feet; thence (2) S. 410 26' 30" E. 1068.51 feet; thence (3) S. 660 30' 30" E. 232.89 feet to the northerly line of the Main Road; thence along said northerly line S. 840 34' 00" W. 157.55 feet to the northwesterly line of said Main Road; thence along said northwesterly line S. 510 03' 00" W. 21.24 feet to a monument and land of Pell; thence along said land of Pell, three courses as follows: Public Hearin -2- $February 25, 1975 (1) N. 410 26' 30" W. 491. 31 feet to a monument; thence (2) S. 510 03' 00" W. 284.71 feet; thence (3) S. 36o 13' 40" E. 491.42 feet to said northwesterly line of the Main Road; thence along said northwesterly line S. 510 03' 00" W. 50.06 feet to land of Saint Peter' s Lutheran Church; thence along said land of Saint Peter' s Lutheran Church, two courses as follows (1) N. 360 13' 40" W. 491.42 feet; thence (2) S. 510 03' 00" W. 275.0 feet to land of Greenport Playhouse, Inc . ; thence along said land of Greenport Playhouse, Inc. N. 881 22 ' 40" W. 550.00 feet to land of Long Island Lighting Co . S. 67° 41 ' 30" W. 100.0 feet to said easterly line of Chapel_ Lane; thence along said easterly line two courses as follows : (1) N. 20 54' 50" W. 272.19 feet to a monument, thence (2) N. 40 19 ' 20" W. 806.79 feet to the point of BEGINNING. Containing 26.577 acres. Any person desiring to be heard on the above proposed amendment should appear at the time and place so specified. Dated: January 7, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND TOWN CLERK Councilman Rich: We have a notice of proof of publication from the Suffolk Weekly Times and notice of proof of publi- cation from the Long Island Traveler - Mattituck Watchman. We have proof of posting on the Town Clerk' s Bulletin Board. The following letter was received from the Suffolk County Planning Department: January 2, 1975 Pursuant to the requirements of Sections 1323 to 1332 of trate Suffolk County Charter, the above captioned application which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. The decision of local determination should not be construed as either an approval or a disapproval. Comments: The site plan (set backs) should be consistent with plans of the Suffolk County Dept. of Public Works relative to the widening and improvement of Middle Rd. (C.R. 27) . Public Hearin -3- February 25, 1975 Lee F. Koppelinan Director of Planning /s/ Gerald G. Newman The following letter under date of December 19, 1974 from the Southold Town Planning Board was presented. Gentlemen: At a regular meeting of the Southold Town Plann_ng Board held December 16, 1974, the following action was taken. On motion made by Mr. Coyle, seconded by Mr. Raynor, Jt was RESOLVED that the Southold Town Planning Board recommend to the Southold Town Board approval of the application of St. Peter' s Lutheran Church for a change of zone on property located on Chapel Lane and the T1ai.n Road, Greenport, from "A" Agricultural Residential to "M-1" General Multiple Residence to permit the construction of multi-residences for Senior Citizen Retirement Community. Vote of the Board: Ayes: Wickham, Moisa, Raynor, Coyle. Mr. Grebe was absent. Isl Muriel Brush, Secretary Supervisor: You have heard the Councilman read the notice of hearing defining the description of the property, the legal advertisement in our local papers , the position of the Suffolk County Planning Commission leaving it to local determination with some comments added, the position of the Southold Town Planning Board in favor, also the legal posting on our Town Clerk' s bulletin board. We will set down some ground rules. We will hear from the people who are in favor of granting this change of zone. The first one we will cal '_ on will be the applicant or his designated representative and then all the others can speak. After that is done we will hear from anyone who is opposed to the granting of the change of zone. After that there will be a rebuttal period to hear each side over again if you have forgotten anything. I would now like to call on the people in favor. Public Hearin -4- 10ebruary 25, 1975 Mr. Price: Mr. Supervisor, members of the Lowe Board, I am an attorney, Irving L. Price , Jr. , with offices at 2�8 Main Street, Greenport, New York. I represen-J St. Peter' s Lutheran Church, the applicant herein. I would like to reserve the right to speak in rebuttal of any opposition. I have several persons here tonight who I feel are qualified to answer any questions the board might have and myself as well to answer questions. This is simply an application by St. Peter' s Lutheran Church to change from A-Residential to M-1 General Multiple Residence the property that St. Peter' s now owns at the corner of Chapel Lane and bounded by the North Road and presently property of the Village of Greenport and one other owner. All that the applicant is asking for is the change of zone so that they can build the appropriate number of residences for senior citizens ' housing under t.;e ordinance and senior citizens ' housing is defined as triose over sixty-two. That is all I have at this time. Thank you . Supervisor: Does anyone else wish to speak in favor of granting this change of zone? Has everyone had the oppor- tunity to speak in favor? (A rnan in the audience said he thought they were all in favor. ) Supervisor: x.11 opposed to the granting of this chank;e of zone may speak: now. Would anyone like to speak into tare record? Jean Tiedke: I am curious as to why the age was set at 62. Mr. Price : I believe the answer is that it had to be cut off somewhere. Ms. Tiedke : I would like to know if you have resolved the problem as to what the density is. Mr. Price : It will be the maximum allowed under the ordinance. Ms. Tiedke: Are you considering the property owned by the theater? Mr. Price : It is already permitted under the zoning there. Ms. Tiedke: Are you going to develop the whole thing contiguously? Mr. Price : In steps. Public Hearin -5- February 25, 1975 Ms , Tiedke : 'Lhere is alot of interest and I hope these de-sails come out. Mr.. Price : They will have to. We didn' t want to expend too much money until the change of zone is granted. Pis. Tiedke: There is alot of interest in town. The following letter was read into the minutes from the North Fork Environmental Council, Inc . under date of February 21, 1975 : Gentlemen: After reviewing the proposed Lutheran Retirement: Village Plan we have the following comments for your consideration: 1. There appears to be some discrepancy in the density figures provided. We feel that the Southold Town density should not be exceeded. ?. Our biggest concern, however, on a development of this type is the effect, both immediate and long range, on the available potable water which is in very short sapply. Reference a report from Holzmacher, McLendon and Murrell, P.C. Consulting Engineers (a copy of o,,nich is attached) which states that the Greenport Village system which the development would be connected to , has an "acute need for additional supplies" . We strongly feel that any proposed develeprr:ent , housing or otherwise, not be accomplished until adequate assurance is given that it will not create a -portage to t_.e present users. We would be happy to meet and discuss the proposed development in more detail with you at any time. /s/ Loraine S. Terry, President (The report was not read, but I attach a copy for your information. ) Supervisor: Does anyone else wish to speak. Hearing none , at this time we will close the hearing and the board will make a determination in a short time. Present at this hearing were Supervisor Martocchia, Judge Demarest, Judge Suter, Councilman Rich and Judge Doyen. Respectfully submitted, Muriel Brush NFOtW`N NORTH FORK ENVIRONMENTAL COUNCIL, INC. Boz 31 i, Southold, New York 11971 C i in nhe .ren i +; a nv- cv eel � t Luc _,nom hD - n :'uw_ vhoull col: be cxc .W—. Our Wggn4L cor_c� , _:, A. auv _r, oo A Wmeni. to W ir n,w, or, tK. "how: s uor i. Fc-"Cl-CLCO . Z. Somultjn7 En_i1nv,rA P ra-, i_ .:him it.t- Cued) •U ich zt L2 . 05 -t 71001 - .. - Gill e .-.12whicn - nom ouvallrn_n vvi tan 1 iu Jtolles, . .r_. ; --. _l= -_ th::.t my pro )owd ouv_i -.: - , ':Chin'', , other iss7 not UE o ccom l i nn Wear onsurance P, -vr-. Ln _ _in ., __Z not cre.m . WYLt ge no c;_ _ _ r _.,vat . __ -, . wool ne A.:Ppy to meet, W � ru :r s,c ,v ,lopzwnh Ln more detail with You -. . ry _-' --- • Sinr_nr iI, COIJUC.ZL, INC�r \ vkc— V Eno . ROBERT G.ROtIMACRER P E.,l.S SAMUEL C.E MUORIL , , 1� NORMAN E.MURRRRL, LE. " .tv �, ELi ASHARE O RAROERRAS PE " + ROBERT A. LRAN[ It P E. ROBERT M AI RANI SE.P G' Ca.. lit ,04 HOI.ZMEICHER, McLENDON and MURRELL, P.C. / Consulting Engineers bUd :'REAL '.!C.Li),,1 N,,, V.). %"ELV:LLE, NEVA YOF7K 11746 �`'i�• ," (516) 694-3040 ` 4 ,"..t December, 9 , 1974 Mr. John D. Chester Commissioner of Parks and Recreation "r County of Suffolk Montauk Highway West Sayville, New York 11796 r r, ', Re : Inc . Village of Greenport r. : - Water Plant at Peconic Dunes Dear Commissioner Chester: With reference to prior correspondence with 'former Commis ;1,° 51oner Dominy and Chief Assistant County Attorney Corwin, we submit the following for your, consideration , andwe hope , your �.; approval . Y ort Water Green The . S stem has a franchise area in the Town P x, q of Southold which extends from Peconic Lane in Peconic, easterly y� almost to Rocky Point Road in East Mario;.. All six of its exist,- 1a ing well fields have experienced problems with water quality , either high nitrates or high iron and manganese . Numbers 1 and 7 *� 2 within the Village of Greenport were very small and abandoned M r � for , normal use many years ago . No . 3 in the Village has high iron and manganese and , if pumped too hard , develops high salt .'` content. No. 4 :in East Marion is still c .k. , but salt content hda increased and nitrates in one of the wells has been high. ' `. , .; Plant No . 5 in southwest Southold has very high nitrates . Plant No.,.: S in North Southold has high nitrates a good part of the time. It is obvious that the Greenport system has an acute need for additional supplies . We have completed studies which show do ;1.4— the most reliable and good quality water in the area is adjacent F4 uw : ` to Great Pond. Last year, with the energetic efforts and coopera- tion of County Executive Klein, Senator Giuffreda, Assemblyman " `.Duryea, Mayor Joseph Townsend, along with Messrs . Halsey, Fuoco, rte. O'Neil , Wehrenberg, Bassano and Nydick , of the County Legislature , Mgr 4.: .": ;the State Legislature passed a bill authorizing the County to grant the Village of Greenport a permanent easement and water rights ,at • � '� ; Great Pond (Peconic Dunes) . i w ''"' WATER RRSOURCIES•'.VAI R --U.TLY I. IM •' :"4�E t iuF,aIMI R .,� .gin Llun ARnS 'aw+: •yl� •MUNIc IPAL LNfM:f.NING• I.A.:) +. I°IMG. Wa11R/WAS" 1,1a R LAIR'), A I +q! y f „ 1.ZMACHr=R, McLENDONd MURRELL, P.C. / Consulting Engineers Commissioner Johr., I). Chester -2- December 9 , 1974 r Just recently, the Village , '.Gown and County officials joined ;•+ in presenting, testimony before thr! ",tate Department of Environ- mental Conservation to have several lakes in the County , with emphasis on Great Pond , upgraded in classification to "A” for use as drinking water. I believe the enclosed plan will be sufficiently clear as F'- to the area needed for the proposed facility . It shows two wells near the southwest shore and a proposed future direct pipeline into the Lake . We believe it is unlikely that the direct pipe- line: will be used since the color of the water in the lake would require treatment which we hope to avoid . By designing the near shore wells properly , we expect to induce sufficient low nitrate water through the lake bottom toward the wells that , when mixed with the high nitrate water flowing underground from the farm- land to the south , will yield an ample supply of good quality . The decaying anaerobic material in the lake tottom apparently acts as a natural denitrification system, as well as a reducer of sulfates . Our specific design , assuming your, approval and County Legis- lature approval , will consist of two ( 2 ) wells , 40 to 60 feet deep, each equipped with electric pumping units . One unit (the first fa" constructed) would be housed in a one-story masonry building ap- proximately 201x30 ' or smaller , tosether with electrical equip- ,g. ',• ment , motor control center and chlorination equipment . Should ,.. .,nor.... ,. .+ additional treatment be required , later additions to the struc- ture would be required. The plant would be automatic , operating from either remote water tank level changes or from local pressure changes . The plant site proposed is very small , so it is anticipated that the full access easement and the plant site itself would be almost completely cleared. The second well will probably be equipped with a submersible type pump and would not require an above ground structure . We do not believe the structures proposed will present es- thetic problems , but would welcome any suggestions you may have to make the plan compatible with your park facilities . We will also be requested by the County and State Health Departments and the State Department of Environmental Conservation relative to , protection of the water supply with fencing, height .above flood r levels , etc . �9�d • T3 se. � t LrZMACHER,' McLENDON and MURRELL, P.C. Commissioner John D. Cnester - 3- December 4 , 1`.r74 To summarize; , we mV.ulrl bc: 1)1r�,]oud to 1111Ve VOUr approval of the Greenport: plar: :an(j L)I t you advise th,� :.egislative "orrunittee of your, recorwnend,.rt ions . If you need f UrtI,er data, we 'WilA ha plausei .o then l: iL`'. you and/or your Cprnrnittee . We enclose a copy of some of the crior ccrrespondence as well as three ( 3 ) copies of the dru;:;.ng .1'1:', 2-5-2 (10/22/73) , and three ( 3 ) copies of the descri sive ed gem re L requested . y yCUr1 , P.C . SCC1;vm Encl. cc: County Executive Klein a Senator Giuffreda Assemblyman Duryea Par , Recreation and Conservatior: �onu:ii�_tee Mr. James 11onsell Mr. Josepc _ownserrd Stanley S. Corwin, Csq . �fiF1'� 4¢i • w4 irate leap LEGAL lVOTof thelgE del c� �as 1)att 10 (2)S.41_ 418 18 dues feet; degMes 2g. lest thea 30'30 » (3) S E. Road Y floe 89 teej to fee toa4�gi eat' 'fain said 00 R r5 saiddegrnd >Lte of In 04001,tY /tae alb elft '3t.24 $ 5f dam+ee c BBid� of Ped, telll. Mon '6'srae�I48� W 41 (I)N�i, if) 03' 00 en� (2)f et to a 491.42 (3)S.3g dew 204.91 f 51 aloline ofltheset tMsaid n est»E' 51 d 8�'d no ain 'load; �h ce t„me�ma_ +'thwext 1��thence Saint Peter's Lutheran Choi 1'CttI- two courses as follows: (1) N. 36 degrees 13' 40” W. 491.42 feet; thence(2)S.51 degrees 03'00"W. 275.0 feet to land of Greenport Playhouse, along 1UNTY OF SUFFOLK. 1 Bpi rt ATE OF NEW YORK. 80: Stuart C. yorman being duly Sworn. d . . . . . . . . . . . . . . I . ys that $e. . . . is Printer and Publisher of the SUFFOLK t 2 EEKLY TIMES, a newspaper published at Greenport, in said unty; and that the notice. of which the annexed is a printed d the'" spy. has been published in the said Suffolk Weekly Times Co One (1) ice in each week, far . . . . . . . . . . . . . . . . . . . . . . . . . weeks on Sixth am iccessively commencing on the . . . . . . . . . . . . . . . . . . . . . . . . . . tie y February 19 75 Dat t of . . . . . ,, so OLD TO O — ✓ . . . . . . . . . . . . . . . . . . . . . . . . . ALBERT W.RICHMOND torn to before me this . . �.Y . . . . . NOTICE OF HEARING TOWN CLERK ON PROPOSAL TO AMEND 1TF6 yaf ZONINGORDINANCE X 19�J..Sect285ofthe �.. . Tmenta of . . . . . . . . . . . . . . . . . . . the ce of the folk Cou blic i JOSEPH LAWRENCE TOrJNSEND the NOTARY PUBLIC Or NEW YORK e. Resin ln, ;n loo,,)i, rim`, My Comr tci � c �', /. said February♦,`, owing proposal to a Building Zone Ordinance (including the Building Tone Maps)of the Town of Southold,Suffolk County,New York. 7:30 p.m. (E.S.T.)by changing from "A" Residential aryl Agricultural District to "M-1" General Multiple Residence District the property of St. Peter's Lutheran Church situated at Greenport,Town of Southold, Suffolk County, New York, and more petticatariy bounded and described as follows: BEGIN?MG at a monument at the intersection of the easterly line of Chapel Lane with the southerly line of Middle Road; from said point of beginning running along said southerly line of Middle Road two courses as follows: (1)N.52 degrees 58'50" E. 27 feet; thence (2) Northeasterly on a curve to the left having a radius of 749.20 feet a distance of 338.09 feet to a monument and land of Rarus Inc.; thence along said land of Rarus, Inc. three courses as follows: (1) S. 53 degrees 26' 40" E. 400.0 feet; thence (2) N. 36 degrees 33' 20" E. 390.0 feet; thence (3) N. 53 degrees 26' 40" W.400.0 feet to said southerly line of Middle Road; thence along said southerly line N. 36 degrees 33' 20" E. 50.0 feet to land of Pauli; thence along said land of Pauli, S. 53 degrees 26' 4o" E. 460.0.5 feet to land of the Village of Greenport; thence along said � I 1 4 NOTICE OF HEARING ON PROPOSAL TO AMEND .L ZONING ORDINANCE C i �k 2 r Pursuant, to Section 265 of the Town Law and Requirements �f. of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearing will be held by the Southold Torn Board in the Office of the Supervisor, 16 South Street, Greenport, New York, in said Town, on the 25th day of February, 1975, on the following proposal to amend the Building Zone Ordinance (including the Building Zone Maps) (s, of the Town of Southold, Suffolk County, New York, T� 7:30 p.m. (E.S.T. ) by changing from "A" Residential and Agricultural District to "M-1" General Multiple Residence District the property of St. Peter's Lutheran Church situated at Greenport, Town of Southol ,d�Suffolk Countys New York, rY and more particularly bounded and described as followsi BEGINNER, at a monument at the intersection of the easterly line of Chapel Lane with the southerly line of Middle Road; s: from said point of beginning ruaning along said southerly line of middle Road two courses as follows: (1) N. 520 581 50" E. y.. 27 feet; thence (2) Northeasterly on a curve to the left having k a radius of 74+9.20 feet a distance of 338.09 feet to a monument 4 and land of Rarus Inc. ; thence along said land of Rarus, Inc. three courses as follows: (1) S. 53. 26' 40" E. 400.0 Feet; thence (2) N. 360 33t 20" E. 390*0 feet; thence (3) N. 530 26, 40" W. 400.0 feet to said southerly line of Noddle Road; thence along said southerly line N. 360 33' 20" E. 50.0 feet to land of Pauli; thence along said land of Pauli, S. 530 26' 40" E. 460.05 feet to land of the Village of Greenport; thence along said land of the Village of Greenport, three courses as follows: (1) S. 18" 37 ' 00" W. 448.87 feet; thence (2) S. 410 26' 30" E. 1068.51 feet; thence (3) S. 660 30' 30" E. 232.69 feet to the northerly line of the Main Road; thence along said northerly line S. 840 341 00" W. 157.55 feet to the northwesterly line of said Main Road; thence along said northwesterly line S. 51003' 00" W. 21.24 feet to a monument and land of Pell; thence along said land of Pail, three courses as follows: (1) N. 410 26' 30" W. 491.31 feet to a monument; thence (2) S. 51. 03' 00" W. 284.71 feet; thence (3) S. 36" 13' 40" E. 491.42 feet to said Page Two Legal Notice I northwesterly line of the Main Road; thence alongsaid north- westerly line 3. 51" 03' 00" W, 50.06 feet to land of Saint Peter's Lutheran Church; thence along said lead of SaintPeter's Lutheran Church, two courses as follows: 36. 13' 40" W. ! 491.42 feet; thence (2) S. 510 03' 00" W. 275.0 feet to land of Greenport Play house,Ino.i thence along said land of Greenport Playhouse, Inc. N, 880 221- 40"' W, 550.00 feet to land of Long Island Lighting Co. , S. 670 41' 30" W. 100,0 feet to said east- erly line of Chapel Lane; thence along said easterly line two courses as follows: (1) No 20 54' 50" W. 272.19 foot to a monument, thence (2) N. k° 19' 20" K, 806.79 .Leet to the point of B2GINNING. Containing 26.577 acres. Any Person desiring to be heard on the above proposed amendment should appear at the time and place so specified. Dated: January 7r 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD ALBERT W. RICHMOND TOWN CLERK PLEASE 11�:Itk3LISH ONCE, February 6, 1975s AND FORWARD FOUR (4� AF'F'uvIv OF PtT.BucATION TO THE SOUTHOLD TOWN CLERK, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the .following on January 30, 1975: The Long Island Traveler - Mattituck Watchman k, The Suffolk Weekly 'Times Irving I',. Price, Jr. , Esq, Supervisor Albert M. Martocchis, s i STATE. OF NEW YORK: SS : COUNTY OF SUFFOLK: ,Tub 44 i c)l� tl Awl w SIC I� ONS of Southold, Town of Southold, New York, being duly sworn, says thatShe is over the age of twenty-one years ; that on the 10th day of February 19_75_, She affixed a notice of which the annexed printed notice is a true copy, An a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit :- Legal Notice - Notice of Hearing on Proposal to Amend Zoning Ordinance - St. Peter' s Lutheran Church - 7 :30 P .M. , February 25, 1975 . Town_ Clerk Bulletin Board,_ Town_ C_lerk__G_ffic_e___ Main Road, Southold, L_I . , N.Y. Sworn to before me thisc1ZEC AAII--e rt—W.--RiFhrcond 'Down LXrk 10th day of February 19 75 � u N `� , y � Notal -Pub c NOTARY PU"LIC, Rete Of Ncw YNk _ i N.. 52-4522326 - Surf:iY CouniYy Commission E::pirez March 30, 19... i a I iii ' i Suffolk. County Department of Planning Fetezvn3 'ierorlal Picitc.ay Faup auge, New York 11787 January 2 , 1975 Town of Southold 'Lown Clerk Petitioner: St. Peter's Lutberau Church Zoning Action : (Cane No. 227) - C/Z "A" R1[:'4&X7AJSIN : Agricultural & Residence to "M-1" General Multi-Residence S.C.P.D. File no. : SD-74-14 Pursuant to the: requirerents of Sections 1323 to 1332 of the Suffoll: Councy Charter, the above captioned apnlicatioa which has been re- ferred to the Suffolk County Planning Cornission is considered to be a matter for local determination. The decision of local deter- mination should not be construed as either an approval or a disapproval. Comments: The site Plan set backs) should be cin:i^ i wirf�{zl _ of the Suffolk County Dept. of Public relativeth Works relative to e uidea ng--_ and improvement of hLiddle Rd. C.R. 27 _�_ Resnectfully yours, Lee ". Koopelman Director of Planning by pI` TOWN CLERK 765.3783 �vf Building Dept. Planning Appeals 765.2660 � Board of Appeals Town Of Southold OTOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ...PINVAng.. ............... of the town of Southold, N. Y. hereby refers the following (agency involved) proposed zoning action to the Suffolk County Planning Commission: (check one) ......... New and recodified zoning ordinance Amendment to the zoning ordinance X..... Zoning changes ......I... Special permits ............ Variances Location of affected land: .CaPel IAWW aud X"$ $ti'* P C►TOrf POZ'E .......................................................................................................... within 500 feet of: (check one or more) .......... Town or village boundary line 3t...... State oQ'road, �� ... State or county park or recreation area Stream or drainage channel owned by the county or for which the county has established channel lines .......... State or county owned parcel on which a public building is situated Comments; l`' 20m � � applVval of WA Date: . ... DoombW 16t 1974 . .. ................................ ......I.....jl b 1PfiC A.0...0 a3 Yn.......... (signed) ................................................................................ Tide Date received by Suffolk County Planning Commission . . ..... _ ...................................... ........................ File No. .............................. . December 199 1974 Southold Town Board 16 South Str4at Greenport, New York 11944 Gentlomen: At a .regu:lar meeting of the. Southold "Town Planning ; BeYetrd. held DeesTiber 1& 1974, the fol tokng action was taken, OA motioJ4, made by Mr. Coyle, seconded by Mr. Raynor, it vr�s , RESOLVED that the '&outhold,.,Town Planning Board reoommend to the Southold B d approval of the explication :of Bt. 'Feterva r i;Church for"i c2:ange ® zone on p:!operty,"located il2, ?pane afid the Main Road, Greengefrt, from"''A" Ajpricul ,1 ResideY:tial to 'tM-1" General Multiple ple Re sidencs to „permitthe construction of snalti residernces fox Senior _C#if i.'Ristirement Commkifs ty. Vote of the Board: "Ayaws, Wick wk, Mo sa, Raynor, Coyle. Mr. -4rtko *a absent,« `Tburs 'tray, . s . Muriel Brush,' Sedretery Southt9d Toww. Manning Board �., M n. OFFt , CLERK T: Ww L1I�' fHb7 D ALBERT W. RICHMOND "ii ,:.i �4 Aj"yj:l., TOWN CLERK Mg'11W;,a TE EAFC 3 r ! 53%CI REOIS YR4R OF VRaL ST-.fISTICS .1 lie/ /[. SOUTHOLD, L. I , N. Y. 11971 Septem �er Z" 1 74 Mr. John Wickham, Chairman Southold Town Planning Boar ! Main Road Southold, New York 11971 Dear Mr. Wickham: The original petition of Saint Peter ' s Lutheran Church requesting a change of zone on certain property situated at Chapel Lane, Greenport, from "A" Residential and Agricultural District to "M- L " General Multiple Residence District is transmitted herewith to you. You are instructed to prepare an official report defining the conditions descr;_bed in the cetition and determine the area so affected with the recommendatioil. of your Board. Very truly yours, r-> l Albert W. Richmond Town Clerk IRVING L. PRICE. JR. ATTORNEY AT LAW 239 MAIN STRHET GREENPORT. L. L. N. Y. 11944 AR. .C..E 616 TREPHONE 477-1016 September 16, 1974 Southold Town Clerk Southold, New York 11971 Re: St. Peter's Lutheran Church Dear Sir: I hand you herewith original and six (6) conformed copies of application to change zone on behalf of St. Peter's Lutheran Church. Also enclosed is check to the order of the Town of Southold for $100. 00. Very truly yours, ILP:JY Enclosures (8) r .i. CASF. NO: .. . }..1...... STATE OF NEW YORK PETITION TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OE' SOUTHOLD, SUFFOLK COUNTY, NEW YORK. ........................ ..........................I........................... TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: Saint Peter's Lutheran Church residing at ..Greenport................. .............•• .... ......................................... .............. (insert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at Chapel LanerGreenport ........... ...........................I.......... and more particularly bounded and described as follows: (A) See description and survey attached. (B)) Petitioner is contract purchaser of same under contract dated August 20, 1974, with scheduled closing on October 1, 1974. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: A — Residential and Agricultural to M-1 — General Multi Residence 4'own of Southold., Suffolk County, New York, and boundedand described as follows : BEG== iIDIING at a monument at"the intersection of the east- erly line of Chapel Lane with the southerly line of Middle Road ; from said point of beginning running along sa9_d southerly line of PTiddle 'toad two courses as follows: ( 1 ) North. 52 degrees 58 minutes 50 seconds East 27 feet ; thence ( 2) Northeasterly on a curve to the left having a radius of 749.20 feet a distance of 338.09 feet toa monument and land of I.Zarus Tnc. ; THENCE along said land of Rarus, Inc. three courses as follows: ( 1 ) South 53 degrees 26 minutes 40 seconds Last 400.0 feet; thence (1) North 36 degrees 33 minutes 20 seconds East 390.0 feet ; thence (3) North 53 degrees 26 minutes 40 seconds West 400.0 feet to said southerly line of Puddle Road; TFIENCE along said southerly line North 36 degrees 33 minutes 20 seconds East 50.0 feet to land of Pauli; THEidCE along said land of Pauli, South 53 degrees 26 minutes 40 seconds East 460.05 feet to land of the Village of Greenport; THENCE alone said land of the Village of Greenport , three courses as follows : ( 11 South 18 degrees 37 minutes 00 seconds West 448.87 feet ; thence (2l South 41 degrees 26 minutes 30 seconds East 1068.51 feet ; thence (3) South 66 degrees 30 minutes 30 seconds East 232.89 feet to the northerly line of the Main Road; THENCE along said northerly line South 84 degrees 34 minutes 00 seconds West 157.55 feet to the northwesterly line of said Main Road; THENCE along said northwesterly line South 51 degrees 03 minutes 00 seconds West 21 .24 feet to a monument and land of Pell; THENCE along said land of Pell, three courses as follows: ( 1 ) North 41 degrees 26 minutes 30 seconds West 491 .31 feet to a monument ; thence (2 ) South 51 degrees 03 minutes 00 seconds West 284.71 feet; thence (3) South 36 degrees 13 minutes 40 seconds East 491 .42 feet to said northwesterly line of the Main Road; THENCE along said northwesterly line South 51 degrees 03 minutes 00 seconds West 50.06 feet to land of Saint Peter' s Lutheran Church; THENCE along said land of Saint Peter' s Lutheran Church, two courses as follows : ( 1 ) North 36 degrees 13 minutes 40 seconds West 491 .42 feet ; thence (2) South 51 degrees 03 minutes 00 seconds West 275.0 feet to land of Greenport Playhouse Inc. ; THENCE along said land of Greenport Playhouse, Inc. North 88 degrees 22 minutes 40 seconds West 550.00 feet to land of Long Island Lighting Co. , South 67 degrees 41 minutes 30 seconds West 100.0 feet to said easterly line of Chapel Lane; THENCE along said easterly line two courses as follows : ( 1 ) North 2 degrees 54 minutes 50 seconds West 272. 19 feet to a monument, thence (2) North 4 degrees 19 minutes 20 seconds West 806.79 feet to the point of BEGINNING. BEING INTENDED TO BE the same premises as were conveyed to Seller by deed dated 3/15/71 and recorded in the Suffolk County Clerk' s Office in Liber 6907, Page 492 on I+Iarch 31 , 1971 . 3. Such request is made for the following reasons: To permit the con.3truction of multi residents for Senior Citizen Retirement Community ST. PETER'S LUTHERAN'S CHURCH Q PASTOR STATE: OF NEW YORK, ) ) SS.— COUNTY OF SUFFOLK, ) . , fel{etiq.M. /� Ca6d!NR�.. . , BEING DULY SWORN, deposes and says that he is the petitioner in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the matters therein stated to be alleged or information and belief, and that as to those matters he believes it to be true. ST. �PETER'S LUTHERAN'S CHURCH PASTOR Sworn to before me this .I.�iP: day of ' 9 12 r N ary Public. �r Sayan � I I 2 w VILLA E OF J i GREENPOR l U r STATL 42 G � 1 ri � 1 tswro zs R< ° a "�{ .✓ ,� \� \ \ ALT �, \�>\\�. r �, vo frek s o E `1 e 'OPs i '010 es LoCATic)" /AA-r i To Acco,(Ar,,Ny &?r"1c,%TlQN CGIrE Fom ChANFiES or zON& �! pACCeL p' 'W 1-0"rA-I SCALE-- 800'=1� - Mrccel 2 "t3" Tb "iA-1" AFEWCANT r ' r . StrpitvAt8lt7- 5, IgT4 y 57. pe feR's FYa�NF,EL{CAL r �� W'fi•iE7Z,6N CHU2Gµ RC71M{ZILw VAN TUYL., P.G. U¢e6NpoQ'Tv kiraw YORK L{ce448o LANA 9uo Veyort.S [g28CNpOR'� N18W YOR.t CASF. NO: .a6.. ........ STATE OF NEW YORK PETITION TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. ....................... ...................................................... TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. Saint Peter's Lutheran Church residing at .AT!re !Ap,ort................. ............... I. .... ...................... .................... (insert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at Chapel Lane.Greenport ................ ...................................... and more particularly bounded and described as follows: (A) See description and survey attached. (B)) Petitioner is contract purchaser of same under contract dated August 20, 1974, with scheduled closing on October 1, 1974. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: A — Residential and .Agricultural to M-1 — General Multi Residence Town of Southold, Juffolk County, New York, and bounded and. described —as, follows : BEGI1PITIEG at a monument at�the intersection of the east— erly line of Chapel Lane with the southerly line of Middle Load ; from said point of beginning running along said southerly line of Middle Road two courses as follows: ( 1 ) North 52 degrees 58 minutes 50 second:� Plast 27 feet ; 1.1iouce (2 ) Northeasterly on a curve to the left having a radius of 749.20 feet a distance of 338.09 feet toa monument and. land or Rarus Inc. ; THENCE along said land of Rarus, Inc, three courses as follows: ( 1 ) South 53 degrees 26 minutes 40 seconds East 400.0 feet; thence (2 ) North 36 degrees 33 minutes 20 seconds East 390.0 feet; thence (3) North 53 degrees 26 minutes 40 seconds West 400.0 feet to said southerly line of Middle Load ; 'THENCE along said southerly line North 36degrees33 minutes 20 seconds East 50.0 feet to land of Pauli; THENCE along; said land of Pauli, South 53 degrees 26 minutes 40 seconds East 460.05 feet to land of the Village of Greenport; THENCE along said land of the Village of Greenport, three courses as follows : 2MSouth18 degrees 37 minutes 00 seconds West 448.87 feet; thence South 41 degrees 26 minutes 30 seconds East 1068.51 feet; thence (3) South 66 degrees 30 minutes 30 seconds East 232.89 feet to the northerly line of the Plain Road; THENCE along said northerly line South 84 degrees 34 minutes 00 seconds West 157.55 feet to the northwesterly line of said Main Road; THENCE along said northwesterly line South 51 degrees003 minutes 00 seconds West 21 .24 feet to a monument and land of Pell; THENCE along said land of Pell, three courses as follows: ( 1 ) North 41 degrees 26 minutes 30 seconds West 491 .31 feet to a monument; thence (2) South 51 degrees 03 minutes 00 seconds West 284.71 feet; thence (3) South 36 degrees 13 minutes 40 seconds East 491 .42 feet to said northwesterly line of the Main Road; THENCE along said northwesterly line South 51 degrees 03 minutes 00 seconds 'Test 50.06 feet to land of Saint Peter's Lutheran Church; THENCE along said 'Land of Saint Peter' s Lutheran Church, two courses as follows : (1 ) North 36 degrees 13 minutes 40 seconds West 491 .42 feet ; thence (2) South 51 degrees 03 minutes 00 seconds West 275.0 feet to land of Greenport Playhouse Inc. ; THENCE along said land of Greenport Playhouse, Inc. North 88 degrees 22 minutes 40 seconds West 550.00 feet to land of Long Island Lighting Co. , South 67 degrees 41 minutes 30 seconds West 100.0 feet to said easterly line of Chapel Lane; T.113NCE along said easterly line two courses as follows : ( 1 ) North. 2 degrees 54 minutes 50 seconds West 272.19 feet to a. monument, thence (2) North 4 degrees 19 minutes 20 seconds West 806.79 feet to the point of BEGINNING. BEING INTENDED TO BE the same premises as were conveyed to Seller by deed dated 3/15,/71 and recorded in the Suffolk County Clerk' s Office in Liber 6907, Page 492 on March 31 , 1971 . 3. Such request is made for the following reasons: To permit the construction of multi residents for Senior Citizen Retirement Community ST. PETER'S LUTHERAN'S CHURCH PASTOR STATE OF NEW YORK, ) ) SS:— COUNTY OF SUFFOLK, ) W . . ..PAot4F. 't .. . .. . , BEING DULY SWORN, deposes and says that he is the petitioner in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. ST. PETER'S LUTHERAN'S CHURCH (L. S.) !..... . . . . . . . . . .. . . . PASTOR Sworn to before me this . �l,"aay of . . . . .. . . .. . . . . . Notary lie. NQTW, t%19.,&TkTf"OF M& yen- 19 tl'�iY'MhgpiNli� , M/tamwlAAn`U''irr '1iR�ii1F-'9i),. 19)S ' 4 �r 0� �I.1G � W AL VILLOF a � GREENPOR 151AT6 ROwT6 1 ZT \4qD FRANKLIN Y/ IN c 9 E Week s IN At �eo LOCATION /AA. des To &rp"c%+TION rLOR ChANCII:S CGr ZoNr o pACUALCD WTO "A-1 " SCALE-- 800'=16 PARC" ^ 9" Tb •in-i" y pAaa:L'L 'W' To .in-1" A ff LJCANT 3i ST PB(ERis F'JAMCWLICAL 11. mss 0- W'(61G+RAN Ci_iQmcif lzopvaici4 VAN TL YL.. Y <4eaoNpORTy mrw YORK LIc;&f4s P LAiv17 -, ,Kv1:y'OR7 1-49W C-N PURT Nii\v l'orc.: r r IRVING L. PRICE, JR. ATTORNEY AT LAW 366 MAIN STREET OREENPORT.L. L.N.Y. 11844 AREA COOL 616 -TELEPHONE 4]]•1016 October 29, 1974 Town A0 ,,,f of the ToiRn of SoutholdSoutholdd, New York 1111 :Attention : Town0ork Centlernenl, " '' At a meeting with the Town Planning Board on October 29, 1974, — '� with relation to the Petition pf a► tI(Peterls Lutheran Church to re-zone property owned by it east o('. pelLane. Arshamomoque, N.Y. , it was de. eided to amend the Peltion tm ineiud# property previously owned by Petitlow in the applicatton. Therefore., in additJon to land subject to Petition of September 18 1974. the promises bounded 004th by old Highway, East by the Village of Greenport, West by Price an4Vorth by land described in original Petition are to be included, In other words, the Petition to rezone the premises now owned b Petitioner is to include all,'lasd-6wned by it bolu-0 commonly known as Chur parcel; Mile Garage par it and tandnorth of these parcels. Attached hereto is site plan drawing added premises with "cross marks." Very truly yours, ; ILP:JY ' 1 Enclosure J ce- Southold Town hoard (Town Cork) Southetd, New York Towh'a Sfttb*14 Planing Board 8oattf�pd#, ,t4+N;wr Ys}Isk:, . St, Feta r,4 Ci**"t hQrch Groesport, New York uas ' y kxr e t A"tisq'iy_ ... --------------------- P Y�, 7 r 65ab~ It 4s�uO / �`•,:8� s?�i.� so.� G i, ' P 130. tT tt 300`_a 4 . �� '•." O I \S �• /tor}1 t Cvt 'O. �• .O' ` r✓ I n .n 0 C 2 C SAX l a y c f L 'F'RLs(A 191'x5 !V• '�4 (ot z TOT.ARL'6 *Y6.YTf ecrtc5 " L �` G Z J A ZqN@ OG J` 4 ce q? < s A Z '! ,•L. � CnS�InSRA. .. I oA�' •y c0• � \ Irk " 1 F I •w e , . tt 4 G 14:6-17 4p"Lv S�OA . �_;'.. '! 4tj'L`J�d" 9 4T'!o• w � 1 - rres.a a ., r� '�: � ��A� 1 Dim?a P.4�o,� no" � yuu• of M r A` 6tivr 1 IN 3L 'OD^W. 1ftpnn 10 H C .• VJ AJ ►G,'n'P' �y .• n^p' 4L, L1 T 1el ,ykJ•1�ALK.. . . . AD Ffi TtlN }�'•� P��, ��.!�!G >r� SAO ��A DTL4 '_ L 11 � �-�s.r � s V• to SCL ()4Y . .-- _ _.. . � d; - • 1 �� •RwA.t•anT + `r Yx � � t � _ � �C)An Y \ nAYnousv,LM�• � \ ( i � C9 L31� 14 .,. /l1Ar TO ACCC'}lArANY )\rrLICI\TIC*)N t rN- C& lDR0r0SL 0 CN/\NGES Of IONL ST i :TLr<S Pi\KC2L H TO /A- 1 Z-)Nl: � 4"LJTt-tt: RAN CIIUIR.Cl-i eMC-cNr-C:S- , Ncw 0 K rAKCL L 'Z — M TD /A- I Z0NL ,\ 7C3 IA-1 ZC�NL ' JC/.' It • 3.::`�.�E_ � IE � 4tju/aTt: N&A/i $`. �q CRL=EIN1'C)17-T TO1VN Or SCUT OLO, N.y. k. Y i UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF yam" SECTION 1209 OF THE NEW YORK STATE T __. __� EDUCATION LAW. m COPIES OF THIS SURVEY MAP NOT FEARING r THE LAND SUPVEYOT5 INK.D SEAL OR EM60!S-D SEAL SHALL NOT RE CONSIDERED TO 6L A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL PUN /A iN I- /nrl La.. A (gt.rT. F, 19T4 ONLY TO THE PERSON FOR Wa..: Ht S�..Vs 1 t�ICI'I 1YI�N ',"U�; L. t • . 6MBARFD ANDO 1 . .ALE [O THE ' T �iCTITLE COMl- .mLLNlAL AGENCY At UENrjL L I,n LISTED HEREON, AND ....- ._... _ __.._ TO TH A.S GNEES OF THE LENDING INSTI- tpav TUT;0N. GUARANTEES ARE NOT T. .- - ASI NSTITUTIONS On SUNSEQUE N ` ��KT. S-1 L'•A/ Y n IA.s� �ERI.ADDITIONAL I 1 •ASER FICHE FORM • Planning Board Site Plans and Amended Site Plans SPHe Type: Approved Project Type: Site Plans Status: Final Approval SCTM # : 1000 - 45.-2-10.3 Proiect Name: San Simeon 1976 Address: NYS Rt. 25, Chapel Lane and CR 27 in Greenport Hamlet: Greenport Applicant Name: St. Peter's Lutheran Church Owner Name: St. Peter's Lutheran Church Zone 1: MI Approval Date: 8/30/76 OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information End SP Date: 8/30/76 Zone 2: Zone 3: Location: NYS Rt. 25, Chapel Lane and CR 27 in Greenport SC Filing Date: C and R's : Home Assoc: R and M Agreement: SCANNED MAR 2 8 2005 Records Management SCAN Date: y\l kilt I \ a� a �V(I LEGEND OF SYMBOLS SMV / J is ' - -- h° FROT'> TY LINE' 1 �:.• r//// 3 x \ ` �y\V'' ! .+ •"�.�e.� FITSTINC CII LINE Y / / a ��--Ll PROPOOFT) OCNTOUB LINE M } yl i i1 +4b� r7\ N /U PAVED WALKWAY (PAIS O \ / ARTA OR ROADWAY LIGFiTITtO ' POLE/ST1 t-ftT- i-) , j•,l .` s I!� //1J/ j �- WLOW 3 LIO'IPOLNU E/ (LOW 3 �`: PULEISTANTLGN)' ,�� : -• �' ` j V r/ �j//' �A �"^ �, BUILDING mmFBEiI E H1 ��`',� .- _..-.__----- __ " _ I 'N16FIY Pte ' H r Yc 1�' prr///// i% ; --r -- - - ]'— ' �SIQ �. � � , r \,✓ ' � '�+uh a �� /�//'�� 4 3a "--- -�. _''�l51•t.. � _^- - - I - � . - --'- - _ - -- „ -'„�"' - --�-- - - -� - '_'- � - - -- - F --- ' - - - - - - - - . : i - - -_ - � -- . -- - - I - - - - -- / . - W s �� N / /�// { 1 1,f PSN .9 a � ✓-: � .__ _• " "•k- y�,r � � baa 4` .. ;� -_ --_ - I— __ _—� _� r _ I ��\ .} '. _ i -_ , _ ! ' _ r ;- �•, _ I 1_ _ _ — .__ - - - 1 T_6 H� � ^ +� I'•-�'� � -- _ .-j''---- -- -,- ,- -F --- -- ' -- - { _�'v' T PISFPb�fr?F1Pd+f-GdNtOL1 kff�iri - Y 3 � "114�1,;dN,1�" , . �`d, � 1 !. /, 1 I NW/� �F�ONPOR7 --_ — ---� �432p -n i (FJAf�T�NEP PF6A ------ I6 Gill' hI�+A ''.ter.. '•mow.:,,,, ..- ' /r`.... _- _. _ _ - - _ - _-: I --_ - r - _. - - - - 1- -_ { - ( ___ _ _ )------ for _ ` ' .� / 5, I J� I ..«='t � .. ,� �Ft/�'fPFRR PC• 0 110 'WO ry�Y A00 5cb � 6057 9� II-}r0_._-_- IhGO� �', 1960 Ik0 IOid IG// 1700 _- _ 1 -; . � t } �Sh � n.� �c _ � � . :prQf�le • A a W GENERAL NOTE �,11 N DeUGEtf RE ,UIR IVN76 OF P- TIMES (MIMI1+tS}M) LI Tfl. c Q � ..��-••'�}, .�r G 4, - _1-�-- }_ h--.-_i-- _-._._ _ _-- _- ..`_ti _ -P_fSlY2��wF1TdJ]W_�liN!!r_ � a. Wv u6 Ton eoD -°I-a 100D'- e 5. 1.1@t'IC1atiL pr' QfIl,e • B LIST OF TABULATIONS SAi$ B T.EIE.EbtRID . - 'A RET71?:7MENT OOE�P6CRiITY 1,600,1.193 sq. ft. , VED E3Y nREn eP 3IT8 - 35.741 A:res� _ � i•, ,,� APP RO PLANNING- - r f.ONp; - MULTIPLE RES, DISTRICT Ni-1 (rrne,tal ' , nLD 'RESTIZIgTIONS: - - - . ALLOWABLE DENSITY DWE INO UNIT'S I. PER 6,.500 sq.� ft, }SOT.EL UVITS 1 PER 4,000' 9q. ft. ruxzaasNc r.'ovF.t�:cE MA III = �/ 3E'rBACP>S >S �C�J, NItONT YARPr \ SEDE YARD 50 ft 20 ft. $a ?o"ft. R&1R YARD F9t9 ft. . - fy„ � , � � ' n � "► \_. ., � I s 1TEIGIi7:'; MAX2MITM�STORIES � 2 , . OI•fARI2ft1M HEIGHT -30 ,ft. - _ Z 4 ' h4+5TT L I1 riS I apace "0 iIntt PARKING 3 Cpe,Rp per mple .ae _, we DWE;I;LT'NO UNITS 1 s'pe1q�S e1lC1S 'utxitt .- "� r r �•a ' L , �', ��q lN6 I ivf•T -1 Nwc APPROX. TO'e1At REc1D {: by �oAej ' ' ' - ept[.ree ► , - } - �! / � ,; _ l 4,: - +'� _ r7i' - - i� .�:� - - SC'lMIE As DE1dST,TY 124 .. 7. SIR. DF'1. UNTT,S W U,�,.. a--- t .,,1 : ." l l„!.f 1,r• : -'a ,� +:' yr 'i"E , -S ': - 'i� 1501,"!)�`9`00i@aTB 97571,000 sq. ft. , 93 MOTFL UNITS 93 x 4000 ''*- � d� : '`Y .' .x 1 ': 3�•Dq 1,v ,� � aQ may• � �. W - - ":' ,. y>^,IiEhm, LS 5,iICroISS 94. l t of Pllomed denr9�.tjF. '�/ �! '� } r �� - BUILDING CCnTL C-E _ . 114 .• _ t v JAN S:QSON MT - 4G,000 's . ft. _ 9D}AIN-NOTICE AUTLhSNG- 8, 00 ,sq. ft. M n .,. a , /,- 4�Rr _ - 23- ? 1 ER. ^OTTAGES 15S20 8q: . ,� +�, \ ,� ? P_ BR. COT'T'AGES - 51),30 0 s ft. SITED ^.ARAGES - 1?,'-3� sq f E. STOA.AGE BLDG. - 1,8 . �4• o00LNOI CABANA �d00 sq P! . Z TOTAL- � - . . >- ; • T T . Tux^ F �. IatT11D.-NC F�'_Glfir _ I.II�b: sTp C 3 I/A.X LMIp'A. "I?EIC TT 30' ft. O '� t7 ulLnlrG sETEVtCKS - AS PER C-ObIF �„�,� W bb, { dIT3I•VARIAN.ES AS SpItiWTi) �.\,� ry A\ y'o cllaa \� INC — �1�1P^Yh nN Sin STAL1.1 AGf+Y�" rrralp��(ad �t6epE� J E�ghV ADD".. ?d0 t : - 30 spaces, '^ D TN prI, NH/pNR. � l� - .Q � N`Y SAN SIMPO"T INN l00 spaces Y/ '�� ' M +FQi N �. TItLiCK DOC,- k. RTkS W TO OE• ,(,t�','.r �`. - C0'i+TAGIr UNITS .. OPEN PA'4'U;SNC 96' spaoes - ate ' ' �C�w� ,.r � - - � b'}iP'D PARIsTNG - 5Ti• spaces SITE PLAN • RETIREMENT COMPLEX TSA C Q Q 'GP lov I�v �v dad Ado �� - boPN,N 4I'z/M Irk gu�� MnP�r � i _ � h "N ' r, Nowa ICAC 1-J NST�NE ASS 3CCIA:1" ES INC . . , 1 � IN1E'R'lID11 4fSIGIN .4'��P1 { NV11NC tF'iNAb@. N6W: YwxM .Y`. 1001T 'SIX I