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TOWN OF SOUTHOLD, NEW YORK DATE ....1.0/1.4/76
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2187
Dated May 3, 1976
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To
St. Peter's Lutheran Church
Main Road. & Chap~l Lane
Greeriport, NY .11944
Appellant
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
( ) Request for a special exception under the Zoning Ordinance
eX) 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 (
) bt'
confirmed because Decision upon application of St. Peter I s Lutheran
Church for a variance for permission to reduce setback on Building
#27, site plan of San Simeon by the Sound.
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 REVERSE
(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 REVERSE
(c) The variance (does)
(does not) observe the spirit of the Ordinance and (would)
(would not)
change the character of the district because
SEE REVERSE
and therefore, it was further determined that the req uested variance ( ) be granted
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
) be denied and
SEE REVERSE
ZONING BOARD OF APPEALS
FORM ZB4
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After investigation and inspection the Board finds that the
applicant requests permission to reduce setback on Building #27,
San Simeon by the Sound. The Board finds that the variance is
necessary to insure open space.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of this property and
in the same use district; and the variance will not change the
character of the neighborhood, and will observe the spirit of
the Ordinance.
THEREFORE IT WAS RESOLVED, St. Peter's Lutheran Church,
Main Road and Chapel Lane, Greenport, New York be GRANTED per-
mission to reduce setback on Building #27, site plan of San
Simeon by the Sound, as applied for, subject to the following
condition:
The building shall be no closer than 35' to the front
yard property line.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Grigonis.
c.
lZECEIVED AND FILED BY
THE SOUTHOLD TOWH CLEill{
DATE/)-5- 76 HOUR 9 ;30;4..~
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Town Cler , Town of Southold
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TOWN OF SOUTH OLD. NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
4/tf7
APPEAL NO. ""<:1 U'7
May 3, 1976
DATE ..............................
TO THE ZONING BOARD OF APPEALS, TOWN OF SOU!HOLD, N. Y.
1, (We) St. &.. Pet.er.! .s,.Lu.t.he.r.an. .Chur.ch. of .... .Main..Road, .and...Chapel..Lane...........
. Name of Appellant . . Street and Number'
.................. ... ............. ... ... ..... ......\l::r;.~.~!+.P.R.:r.t ........ ............
Municipality
~'?W...I.9.r.f..........HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ................................... DATED .....,.J.....I.f.2.f............
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant far permit
of
..... St.r~~t. ~~d..N ~;;;b~~........."." .......... M~~.i~.i ~~ i it;.................... St~t~".........."....'....
Or) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( )
1. LOCATION OF THE PROPERTYN.o.r.t.h..aQad.,...&.:i.n..!l..O.ad..~...Qb;;.Il~l..LMe......M::,l..and B
Street Use District on Zoning Map
Greenport
Map No.
Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article 3, Section 100-30 & bulk schedule as approved M-1 and B
3. TYPE OF APPEAL Appeal is mode herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (hIllS) (has not) been made with respect t~ this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
) request for a variance
and was mode in Appeal No. ................................Dated
......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(X) A Variance to the Zoning Ordinance
( )
is requested for the reason that See back side
Form ZB1
(Continue on other side)
REASON FOR APPEAL
o
Continued
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1. STRICT APPLICATION OF THE ORDINANCE would produce procticol difficulties or unneces-
sary HARDSHIP because of the road requirements and shape of the road
thus causing (2) front yards. Because of this we cannot keep all
set back requirements and request relief for building 27.
2. The hardship created is UNIQUE and is not shored by 011 properties alike in the immediate
vicinity of this property and in this use district because of the topo and the poor
drainage capability of the soil~
3. The Variance would observe the spirit
CHARACTER OF THE DISTRICT because
of the Ordinance and WOULD NOT CHANGE THE
all proposed construction is permitted
in the use district M-1 and B. All construction must and will comply
to local, state and county requirements.
STATE OF NEW YORK
COUNTY OF SVtYoLl~
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Signature
Sworn to this .................:?9~.................. day of....
..4Y~r...................... 19/(".
P\J..2~5...W~.......
.~ No cry Public ROBERT JAMES WIESEHAHN
NOTARY PUBLIC, Slate of New Yorit
No. 52-4612739
Qualifjed in Suffolk County -,7
Commission Expires March 30, 19_
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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 dormitory
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 space
and a reasonable walking distance to parking areas. The Board
has 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
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, 1976; 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 wrth 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.
5. 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 their own weight. 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 felt
that a person was able to continue living on his own and
did not really need the services they provide, he would be
discouraged from entering San Simeon.
7. No families with children attending local schools will be
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 pro-
vide convenient parking.
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9.
The "Inn" will be made up
with enclosed corridors.
bedrooms and a restaurant
of domiciliary units connected
There is a total of 84 single
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 eamporary accom-
modation of guests 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 districts
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 maintain
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
obligation and not a legal one.
3. Public water and sewerage will be supplied by
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
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.
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LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the Town Law and the provisions
of the Amended Building Zone Ordinance of the Town of Southold,
New York, public hearings will be held by the Zoning Board of
Appeals at the Town Office, Main Road, Southold, New York on
Thursday, November 4, 1976, on the following appeals:
7:30 P.M. (E.S.T.) upon application of St. Peter's
Lutheran Church, Main Road and Chapel Lane, Greenport, New Yor
for a variance in accordance with the Zoning Ordinance, Articl I
Section 100-40 A (2) for permission to construct a multiple
residence dwelling exceeding maximum length. Location of pro -
erty: South side CR27 and east side Chapel Lane, Greenport, ew
York, bounded on the north by CR27; east by A. Shames and the
Village of Greenport; south by Main Road (Route 25); west by
Chapel Lane.
7:45 P.M. (E.S.T.) upon application of Williams Contracting,
Inc. ale Mrs. Augustus Straussner, Sound Road, Greenport, New
York for a variance in accordance with the Zoning Ordinance,
Article III, section 100-32 for permission to construct accessory
building in front and side yard area. Location of property:
Sound Road, Greenport, New York, bounded on the north by Victor
Brown; east by Time Structure; south by James Gannon; west by
Sound Road.
7:55 P.M. (E.S.T.) upon application of George Ahlers,
Builder, Inc. ale Richard and Delores Prieto, 40-32 196th Street,
Flushing, New York for a variance in accordance with the Zoning
Ordinance, Article III, Section 100-30 & Bulk Schedule for per-
mission to construct addition with insufficient setback. Loca-
tion of property: Minnehaha Boulevard and Opechee Avenue,
Southold, New York, bounded on the north by Opechee Avenue;
east by Corey Creek; south by D. Prieto; west by Minnehaha Blvd.
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LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the Town Law and the provisions
of the Amended Building Zone Ordinance of the Town of Southold,
New York, public hearings will be held by the Zoning Board of
Appeals at the Town Office, Main Road, Southold, New York on
Wednesday, September 15, 1976, on the following appeals:
7:30 P.M. (E.D.S.T.) upon application of St. Peter's Lutheran
Church, Main Road and Chapel Lane, Greenport, New York (San Simeon
by the Sea) for a special exception in accordance with the Zoning
Ordinance, Article III, Section 100-30 & Bulk Schedule and re-
quirements of "M-l" and "B" zones for permission to erect and
maintain multiple dwelling complex including self-contained
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dwellings and dormitory-type dwelling units. Location of prop-
-
erty: Main Road, Chapel Lane, and CR27, bounded on the north by
CR27 and A. Shames and others; east by Village of Greenport, south
by Main Road (Route 25); west by Chapel Lane.
7:45 P.M. (E.D.S.T.) upon application of st. Peter's Lutheran
Church, Main Road and Chapel Lane, Greenport, New Yok (San Simeon
by the Sea) for a variance in accordance with the Zoning Ordinance
Article III, Section 100-30 & Bulk Schedule and requirements of
"M-l" and "B" zones for permission to reduce setback on building
#74 on the site plan of San Simeon by the Sound. Location of
property: Main Road, Chapel Lane, and CR27, bounded on north by
CR27 and A. Shames and others; east by Village of Greenport, south
by Main Road (Route 25); west by Chapel Lane.
7:55 P.M. (E.D.S.T.) - variance for permission to reduce
setback on building #40, site plan of San Simeon by the Sound.
8:00 P.M. (E.D.S.T.) - variance for permission to reduce
setback on building #27, site plan of San Simeon by the Sound.
8:05 P.M. (E.D.S.T.) - variance for permission to reduce
setback on building #75, site plan of San Simeon by the Sound.
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Legal Notice
Hearings: Sept. 15, 1976
Pg. 2
8:10 P.M. (E.D.S.T.) - variance for permission to reduce
setback on Building #42, site plan of San Simeon by the Sound.
8:15 P.M. (E.D.S.T.) - variance for permission to reduce
setback on Building #10, site plan of San Simeon by the Sound.
8:20 P.M. (E.D.S.T.) - variance for permission to reduce
setback on Building #15, site plan of San Simeon by the Sound.
8:25 P.M. (E.D.S.T.) - variance for permission to reduce
setback on Building #30, site plan of San Simeon by the Sound.
8:30 P.M. (E.D.S.T.) - variance for ,permission to reduce
setback on Building #32, site plan of San Simeon by the Sound.
8:35 P.M. (E.D.S.T.) - variance for permission to reduce
setback on Building #26, site plan of San Simeon by the Sound.
8:40 P.M. (E.D.S.T.) upon application of St. Peter's Lutheran
Church, Main Road and Chapel Lane, Greenport, New York (San Simeon
by the Sound) for a variance in accordance with the Zoning Or-
dinance, Article III, Section 100-30 & Bulk Schedule and require-
ments of "M-l" and "B" zones for permission to locate parking in
front yard area for Buildings #27, 28, and 75, site plan of
San Simeon by the Sound. Location of property: Main Road,
Chapel Lane, and CR27, bounded on north by CR27 and A. Shames
and others; east by Village of Greenport; south by Main Road;
west by Chapel Lane.
8:45 P.M. (E.D.S.T.) - variance for permission to locate
parking in front yard area for Buildings #1, 2, 3, 4, 5 and 6,
site plan of San Simeon by the Sound.
8:50 P.M. (E.D.S.T.) - variance for permission to locate
parking in front yard area for Buildings #25, 22, 23, 15, 14
and 21, site plan of San Simeon by the Sound.
8:55 P.M. (E.D.S.T.) - variance for permission to locate
parking in front yard area for Buildings #34, 29, 33, 31, 55,
56, 57, 58 and 61, site plan of San Simeon by the Sound.
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Legal Notice
Pg. 3
Hearings: Sept. 15, 1976
9:00 P.M. (E.D.S.T.) - variance for permission to locate
parking in front yard area for Buildings #24 and 26, site plan
of San Simeon by the Sound.
9:05 P.M. (E.D.S.T.) - variance for permission to locate
parking in front yard area for Buildings #41, 42, 45 and 40,
site plan of San Simeon by the Sound.
9:10 P.M. (E.D.S.T.) - variance for permission to locate
parking in front yard area for Buildings #71, 72, 66, 67, 70
and 69, site plan of San Simeon by the Sound.
9:15 P.M. (E.D.S.T.) - variance for permission to locate
parking in front yard area for residents of the Inn, site plan
of San Simeon by the Sound.
Any person desiring to be heard on the above Appeals should
appear at the time and place above specified.
Dated: September 3, 1976
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
PLEASE PUBLISH ONCE, SEPTEMBER 9, 1976, AND FORWARD TWO (2)
AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS,
MAIN ROAD, SOUTHOLD, NEW YORK.
Copies mailed to the following on September 3, 1976
George Koch, Attorney
Rev. William A. Coleman
,
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LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the
Town Law and the provisions of
the Amended Building Zone
Ordinance of the Town of
Southold, New York, public
hearings will be held by the
! Zoning Board of Appeals at the
Town Office, Main Road
Southold, New York on Thursday:
November 4, 1976, on the
following appeals:
~7:3O P.M. (E.S.T.l upon ap-
lication of St. Peter's Lutheran
, hurch, Main Road and Chapel
JLan,e, Gre~nport, New York for a
IvarIance In accordance with the
'~ning Ordinance, Article IV
ection 100-40 A (2) for per-
. ission to construct a multiple
resi<.ience dwelling exceeding
ImaXlmum length. Location of
property: South side CR 27 and
least side Chapel Lane, Green-
\~port, New York, bounded on the
orth. by CR27; east by A.
hames and the Village of
Greenport; south by Main Road
(Route 25); west by Chapel Lane.
7:45. P.M. (E.S.T.l upon ap-
plIcation of Williams Con.
tracting, Inc. a-c Mrs. Augustus
Straussner, Sound Road
Greenport, New York for ~
variance in accordance with the
Zoning Ordinance, Article III
Section 100-32 for permission t~
construct accessory building in
front and side yard area.
Location of property: Sound
Road, Greenport. New York,
bounded on the north by Victor
Brown; east by Time Structure'
south by James Gannon; west by
Sound Road.
7:55 P.M. (E.S.T.l upon ap-
plication of George Ahlers,
Builder, Inc. a-c Richard and
Delores Prieto, 46-32196th Street,
Flushing, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Seetion 100-30 & Bulk Schedule
for permission to construct ad-
dition with insufficient setback.
Location of property: Minnehaha
Boulevard,pnd Opechee Avenue,
Soutbold, New York, bounded on
the north by Opechee Avenue;
east by Corey Creek; south by D.
Prieto; west by Minnehaha Blvd.
8:05 P.M. (E.S.T.) upon ap-
plication of Agnes Reinhart,
Main Road, Peconic, New York
(William Wickham, Attorney) for
a variance in accordance with the
Zoning Ordinance, Article XI,
Section 100-118 for permission to
reinstate the nonconforming use
of the premises as a public
garage. Location of property:
North side Main Road, Peeonic,
New York, bounded on the north
by L. Gozelski; east by G.
Berkoski; south by Main Road
(Route 25); west by L. Gozelski.
8:20 P.M. (E.S.T.l upon ap-
plication of Catherine A. Colon,
New Suffolk Avenue, Mattituck,
New York (William Wickham
Att.) for a variance in ac:
cordance with the Zoning Or-
dinance, Article III, Section 100-
30 & Bulk Scbedule for per-
mission to divide premises into
two lots with insufficient width
and area. Location of property:
south side New Suffolk Avenue
and west side Ole Jule Lane,
Mattituck, New York, bounded on
the north by New Suffolk Avenue;
east by Ole Jule Lane; south by
now or formerly M. King; west
hy now or formerly N. Addy.
8:30 P.M. (E.S.T.) upon ap-
plication of Louis V. and Ruth L.
Schmidtchen, Main Road East
Marion, New York for a va~iance
in ~ccordance with the Zoning
Ordmance, Article III, Section
100-30 and Bulk Schedule for
pe.rmission to construct ad-
ditional dwelling on undersized
lot. Location of property: south
ide of Main Road, East Marion,
ew York, bounded on the north
by Route 25 (Main Rd.l east by
Clara Rackett; south by Marion
Lake; west by M. Billman.
8:40 P.M. (E.S.T.) upon ap-
plication of Doris Carpenter, 3140
Peeonic Bay Boulevard, Mat-
tituck, New York (William
Wickham, Attorney) for a
ariance in accordance with the
ning Ordinance, Article III,
eetion 100-30 & Bulk Schedule
or permission to divide property
ith existing buildings. Location
, f property: south side Peconic
\ ay Boulevard, Laurel, New
lYork, bounded on tbe north by
Peconic Bay Boulevard; east by
now or formerly H. and F.
Maxson; south by Peconic Bay;
west by now or formerly RC.
Young.
8:50 P.M. (E.S.T.l upon ap-
plication of William Beebe
Builder a-c- Walter Schwendt'
Nassau Point Road, Cutchogue:
New York for a variance in ac~
cordance with the Zoning Or~
dinance, Article III, Section 100-
32 for permission to construct
accessory building in front yard
area. Location of property: east
side Nassau Point Road, Cut-
chogv lew York; Lots 24, 25
and ~, Map of Nassau Point
Properties.
9:00 P.M. (E.S.T.) upon ap-
plication of Millwood Homes
Ltd., 122 Orleans Lane Jericho'
New York for a varia~ce in ac:
cordance with the Zoning Or-
dinance, Article III, Section 100-
30 & Bulk Schedule for per-
mission to construct dwelling
witb insufficient setback.
Location of property: east side
Nakomis Road, Southold, New
York, bounded on the north by
otber land of applicant; east by
C. Nelson; south by A. Kwasnik;
west hy Nakomis Road.
9:15 P.M. (E.S.T.l upon ap-
plication of Earl & Elizabeth
Keesler, Colonial Road, Southold,
New York and Founders Homes
Inc., Main Road, Soutbold, Ne";
York <Rudolph Bruer, Attorney)
for a variance in accordance with
the Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
for permission to change
property lines. Location of
property: north side Main
Bayview Road, Southold, New
York, bounded on tbe north by J.
A. Abrabam; east by M.
Dickerson & Sons; south hy Main
Bayview Road; west by T.
Eiring.
9:25 P.M. (E.S.T.l upon ap-
plication of Ernest E. Wislberg,
Ole Jule Lane, Mattituck, New
York <Gary Olsen, Attorney) for
a variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30 & Bulk Schedule
for permission to divide property
with insufficient width and area.
Location of property: south side
Ole Jule Lane, Mattituck, New
York, bounded on the north by
Ole Jule Lane; east by W.E.
Miller; south by Zebroski; west
by H. & E. Wilsberg.
9:35 P.M. rE.S.T.l upon ap-
plication of Edward & Justyna
Slaga, 1140 Bay Avenue, Mat-
tituck, !'lew York (Gary Olsen,
Attorney) for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 100-
30 and Bulk Schedule for per-
mission to divide property into
two lots with insufficient widtb
and area. Location of property:
Woodcliff Drive, Mattituck, New
York, bounded on the north by
Bassford, Koehler and GudSOD"
east by other land of applicant:
south by Woodcliff Drive; west
by Espensen.
9:50 P.M. (E.S.T.l upon ap-
plication of Henry J. Smith,
Robinson Road, Peconic, New
York <Rudolph Bruer, Attorney)
for a special exception in ac.
cordance with the Zoning Or-
dinance, Article III, Section 100-
30 B (9) and Article I, Section 32-
10 for permission to construct
marina in "AIt District. Location
of property: east side Wampum
Way (Private Road), Southold,
New York, bounded on the north
by F. Bear; east by Corey Creek
and J. Hallock; south by Peconic
Bay; west by Wampum Way.
Any person desiring to beiieard
on the above appeals should
appear at the time and place
above specified.
Dated: October 22, 1976
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
1 T028-2499
OLK.
'ORK.
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. . . . - . . . . . . . .. being duly Sworn.
$ Printer and Publisher of the SUFFOLK
newspaper published at Greenport. in said
. notia:. of which the annexed is a printed
lished in the said S.uffolk Weekty Times
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LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the
Town Law and the provisions of
the Amended Building Zone Ordi-
nance of the Town of Southold,
New York, public' hearings will be
held by the Zoning Board of
Appeals at the Town Office. Main
Road. Southold, New York on
Thursday, November 4, 1976. on
the following appeals:
7:30 P.M. (E.5.T.) upon ap.
plication of St. Peter's Lutheran
Church. Main Road and Chapel
Lane. Greenport. New York for a
variance in accordance with the
Zoning Ordinance. Article IV
Section 100-40 A (2) for permis-
sion to construct a multiple
residence dwelling exceeding
maximum length. Location of
property: South side CR27 and
east side Chapel Lane. Green-
port. New York, bounded on the
north by,C~7j"e.st by A. Shames
and tbe Yill.g~:';,'of .Qreenport;
south by Main Road tRoute 2S);
west by Chapel Lane.
7:45 P.M. (E.S.T.) upon ap-
plicatioii....o'fWiIIiams Contracting,
Inc. ale Mrs. Augustus Strauss-
ncr, Sound Road, Grecnport, New
York for a variance in accordance
with the Zoning Ordinance, Art-
icle III. Section 1()()...32 for permis...
sion to construct accessory build-
ing in front and side yard area.
Location of property: Sound
Road, Qreenport, New York,
bounded on the north by Victor
Brown; east by Time Structure;
south by James Gannon; West by
Sound Road.
7:55 P.M. (E.S.T.) upon ap.
plication of George Ahlers, Build...
ers, Inc. ale Richard and Delores
Prieto, 40-32 196th Street, Flush.
ing, New York for a variance in
accordance with the Zoning Ordi...
nance, Article III, Section 100...30
& Bulk Schedule for permission to
construct addition with insuffic-
ient setback. Location of proper-
ty: Minnehaha Boulevard and
Opechee Avenue, South old, New
York, bounded on the north by
Opechee Avenue; east by Corey
Creek; south by D. Prieto; west
by Minnehaha Blvd.
8:05 P.M. (E.S. T.) upon ap'
plication of Agnes Reinhart, Main
Road, Peconic, New York (Wil-
liam Wickham, Attorney) for a
variance in accordance with the
Zoning Ordinance, Article XI,
Section 100-118 for permission to
reinstate the nonconforming use
of the premises as a public
garage. Location of property:
COUNTY OF SUFFOLK
srr,TE OF NEW YORK
l ss
I
SI-,erley Katz, being duly sworn, says that she is on
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
o public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is 0 printed copy,
has been published in said Long ,Island Traveler-Watch-
man once each week for ............1...........,...........,.. weeks
) .
successively, commencing on the ..0:.t'...............................
day of ..l]k:tily;;?................., 19..?~?
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ILA../l. C_ c. '- /
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........................"........................................................
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Sworn to before me thIS .......7................ day or
....(&;t.1i-/..~;1............., 19..2.V
................r~:...?~.~:.~.....~...."..c
,,/ Notary Publ1e
ETflr;'l P .lLA:-:I:,j'-J
NOTAR'{ r"U:"L' =, ; :c:,~ ;;;,i N"w York
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Cl",,:d,~i~'L~ in '""::-2;1, Ccunty
Commis~il,f) Expires t..\arch 30, 1978
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FORM NO. 3
.~
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File No. ................................................................ .Dote .....................~....!..7.~..........., 19.?c"
To ..${.CP.~....~.~..~.L
...............~~.:..~".....~.~P.:::........................
.....................~.........l.!:.:!..
PLEASE TAKE NOTI~hot y'?u~n ;l?ted .............0. .....0jL...J?=....., 19.?~.
l\ ~~..... ._....O"^'1. S; C).7-.
for permit to c:t:ruct . .. .............. .......... .......at the premises located at ............y~........f!....
...t.r4..............~....?p..~...~... Srreet ~
Mop .........~........... Block .........~................ LO~.:;;:;r;}!J................. is
_,d. J [ :11: .d disapproved on the Jollowing grounds .....................~......w..~
..~..~.:.t.........0J~.......~.......~..../.~.?~.../P:!)...............
........([j......,J.......................................,rr:::ztSL.......................................................................
..........................~...........I114.I.t1.::!...~0Y..........~.c::-:-:....(t!.O..~.7' 0 A)..-
..................................
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This is an application for a variance and special exception from
the provisions of the Zoning-Ordinance, Article III, Section 100-30
and Bulk Schedule and requiremert s 0 f zoning districts " M I" and
"B"., of the Town of Southold., under the provisions of the Amended
Building Zone Ordinance of said Town.
/;01 I tf
The petitioner requests relie'f-e from xaid Zoning Ordinance in
that it requests permission to erect and maintain a multiple dwelling
complex including self-contained dwellings and dormitory-type dwellinF
units, as a special exception, and variances relating to setback
requirements, front yard parking and length of buildings in the con-
struction and maintainance of this said complex. The specific variances
requested are more specifically set forth in the plans and papers filed
with this petition to the Board of Appeals of the Town of Southold.
The peti1bner is presently the owner of the parcel of land which is
the subject of this application, of approx. 38 acres, contiguous with
its Church property, bounded by Route 27, Main Road, Chapel Lane
and Village of Greiport.
St. Peter's Lutheran Church is the proposed sponsorJGllJXlx: in
construction and operation, and its purpose is to provide, below
market cost, an earth\ly and spritual home for elderly Lu th eran
persons, and those senior citizens living in Southold Township.
,1'
To this end, the Church will subsidize this project, andfwill be
operated entirely for charitable purposes. It will, however, not
compete with any local nursing homes or homes for the elderly, but,
it is proposed, will work in harmonious relationship with ~he neigh-
boring Health -related facility. It will not be in direct competition
with them, but, together, they will provide a complete spectrum of
health care for those elderly persons residing within San Simeon
and said neighboring H. R. F.
Your petitioner, through its officers and Board, has made a
study of the situation confronting elderly persons, Lutheran and other-
wise, who wish to remain and continue living in and about Southold.
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These senior citizens are , in most instances, caught in a squeeze
between rising cost of living and, at the same time, reduced income
by reason of retirement. If they choose to retire and remain on
Long Island, they face possibly a drastically reduced standard of
living if they keep their present abodes. ' Our proposed retirement
community will offer to these people who, in many instances, have
lived a lifetime here, an opportunity to remain in the area, near
friends or relatives, at a cost of housing that they can better afford
than commercial apartments or the like.
Another consideration voiced by elderly citizens is this:
I What about the availability of health care, in emergencies and
otherwise?' Residence in San Simeon will relieve that burden of
worry~ :hyx:lbEloi:~RmClllllm for medical help will be immediately
available at all times.
0!tkHXxDlEla:ds(Jafx:leibiHX~~
Other needs of residents of San Simeon will be fulfilled: recreation
spiritual care, social well-being, perhaps counselling, if needed,
:Ksc~ and other concerns of us all, elderly or not, will be
ministered to, through professional and/q,rvoluntary services, and
through the Committee on Social Ministry of the Church. The purpose
of this committee is to extend Christian compassion, helpfulness and
ministry to fiR~ those in need of help, which, in the matter
at hand, we, the petitioners see it as our Christian duty to lJiziiHmhtl!:
illmoJ:xmi:xlblltx aid the aged of limited income to live their declining
years in confort and security. We, the potiti8hcCS, believe that
since we have been privileged by God to become the owners of this
land, it should be put to use by the congregation in some manner
that would advance the social ministry of the Church, that is,. to
minister to those needing aid and comfort. otherwise, the land
lies vacant, of no use to anyone.
We believe that the proposed retirement complex will be
an asset to the community. in building, for it will utilitize local
labor and materials, and in its operation, for it will purchase
.
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supplies and material, JI!llGl{~JmXlK locally. Of course, it will be
one of the largest employers in the immediate area, as well, and will
be able to offer steady, year-round, part and full time positions for
men and women of the area.
Therefore, for these reasons, and upon oral testimony given
before this Board, it is respectfully requested of this Board to grant
a special exception for permission to erect and maintain this n ultiple
~C!diflg self contail.Gd J"dliIl6" &
dwelling complex~retirement home} as set forth in the plans filed in)
dormltory-type iKEgxx dwelling um , V
this application, and to grant the variances for setbackElXkplx~
reduction and parking changes, all as set forth in the appeals and
applications herein filed.
,.,
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this applic
I may not have to
may have. )
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October
.
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Suffolk County Department of Planning ,
H. Lee Dennison Executive OffiCe Buildin eC
Veterans Memorial Highway
Hauppauge, New York 11787
Town of Southold
Board of Appeals
Petitioner:
Mun. File Nos. :
St. Peter's Lutheran Church
2107, 2108, 2186 through
2202 inclusive and 2211
S.C.P.D. File No.:
SD-76-14
Gentlemen:
Pursuant to the requirements of Sections 1323 to 1332 of the 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.
c1) V
Comments: With the understanding that: (1) Public water and~anitary sewage dis-
posals will be supplied by the Inc. Village of Greenport; (2) the restaurant in
the domiciliary facility and the motel units will be restricted for use of resi-
dents and guests of San Simeon; and (3) consideration is given to the widening
and improvement of Chapel Lane as per Town of Southold specifications.
Modification of the spatial arrangement of streets, dwellings and
parking area warrants consideration to insure a sense of community cohensiveness,
continuity of internal open areas and diminished walking distance from parking
areas to dwellings.
Very truly yours,
Lee E. Koppelman
Director of Planning
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by 4.~L.1.. -<f. /JR.-~--
CH:i::F PLANNER
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TOWN CLERK 765-3783
Building Dept. }
Planning Bd. 765-2660
Board .f Appeal.
TOWN OF SOUTH OLD
TOWN CLERK'S OFFICE
Main Road
Sauthold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B,
Sections 239-1 and m, the ...~~.;4...9..~...~~.l!!-,1..",.......... of the town of ...Ji~~~.1I1.................
(agency involved)
he,reby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
New and recodified zoning ordinonce
St. Peter'. Lutheran Church
(San Simeon by the Sound)
Main Road , Chapel Lane -
Greenport, NY 11944
Amendment to the zoning ordinance
Zoning changes
....x..... Special permits
.....~..... Variances
Location of affected land: .G~I,...~M.P.~.~..~~.,...~...~\-l:~.~...~~....(J:l.a;l.n..RCllt.ln.,...G.t:eWlport, NY
within 500 feet of: (check one or more)
Town or village boundary line
...)1;"... State or county rood, parkway or expressway
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:
The Board resolved to reserve decision on this application
until they received the Planning Commission's recommendations.
The Board indicated that, in general, they looked favorably
upon the project, based on the topography and drainage plan
of the lot.
September 17, 1976
Date: ............................................
.(~i~~~d; ....RObert..W.; "'Gn:niip!e'~'" Jr';' .......
Chairman
Title
.................................................................................
Date received by Suffolk County Planning Commission
........................................................................
File No. ................................
o ST. PETERS LUTHERAN CHURO
Rev. William Coleman, Pastor
WEST FRONT STREET
Post Office Box 242
GREENPORT. LONG ISLAND II944
Tel. 516 477-0662
August 26, 1976
/)
I
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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.
V;;L*~r
The Reverend William A. Coleman
Pastor
o
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TOWN OF llOUTHOLD. NEW YORK
APPLICATION FOR SPECIAL EXCEPTION
APPLICATION No.~/O%
DATE ..~r...3""JCf2(
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y.
I, (We) .9t..~!":~"~~""''''''''''Of .......~i3i..n...~9,i3.~...i3.~.d....~.~9.P..".I....~.~.~."...............,.........
Name Street and Number
.. ................. ......C?.r..,,~~.p.9.r.t..................,'
Municlpality
.........,..N~:1...YQrk...........,.................,.....,....................
Slate
.
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the
ZONING ORDINANCE ARTICLE SECTION
SUBSECTION
THE SPECIAL EXCEPTION IS REQUESTED BECAUSE of the use as a ret i rement commun i ty
requiring that bui Idings be attached in the Inn which has single room
occupancy. Article 5, Section 100-50B sub section (3)
17~~.wJM~
Signature
WALTER R. SILLECK
Notary Public in the State of New York
No. 52-8996350
Residing in Suffolk County 7 (/'
Commission Expires March 30, lW F
FORM ZB2
~ _It '~lL.~t I'll ,".-~
BOARD OF APPEALS. TOWN OF SOUTHOLD
In the M~e~ ofthe Petitiy? of flA :J
Sf\.NT ~~yl) ju74e~~
;Oili' ~d:l:i" Ohh'T~!I~'9 '7 h
V~r ~~O~ ,J.y.
YOU ARE HEREBY GIVEN NOTICE:V J /
NOTICE
1. That it is the intention of the undersigned to petition the Board of APpe~ w~
to request a (Variance) (lifl8,ial l<"cvptiqR~ ("ppr;,1 ppr~h} (the following relief: 'f1.. .
. 2. That the..Rr~ert~bjch is~e SU~j:1:r~the ~~te~nt to yo~perty and is desAj I
cnbed as follows: c.. ). ~ ) OO~o1t:"T/
, ,
3. That the property wh ic
h Petition is located in the following zoning district:
the undersigned will request the following relief: ~
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5. Th t the provisions of the Southo d Town Zoning Code appli abl t the r ief ou t by 1he under- n
signed are: c... e ' 100 u.o VQV~
N,-I oj- B
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the South old Town Clerk's Office at Main Road, Southold, New York and you mav then and there
examine the same during regular office hours.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear a be ard at such hearing.
~
Dated:
'D ('( t
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Petitioner
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Post Offjl:e Address
.fJ,fJ'&!2'!L cR s?~
. S/?feT +-, ;'/ t I JC! 'f-'{
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PROOF OF MAILING OF NOTICE
NAME
ADDRESS
MAY BE USED fOR DOMESTIC AND INTERNAT.IONAL MAil, DOES NOT PROVIDE
FOR INSURANCE. - II'OtIMAI1ft
~~.~:~3 3817
It Gl'O Iln O'-71Z-US
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POST OffiCE DEPARTMENT
CERTIFICATE OF MAILING
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
ERNAT10NAL MAil, DOES NOT PROVIDE
* GI'O 1M3 : 0'-711-&35
-!
IN. t4. fi.OL.<> "'" A...v . residing at (10....,. 2- '4 ~ (' ~tZ ~ ...,r?01:t1
JIV.5l v./ cJ r< 1<:... . being duly sworn, deposes and s~ys that on the 1 R day
of 0 (. -r" 6..... A , 19 ') (. , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at r fA 'Tc..."'- c> Q "'- Q. /V . y . ; that said Notices were mailed to e h of said persons by
(certified) (nsist 1lI) mail. "
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,. y CotI1\sslon
October
'-
C 0
Suffolk County Department of Planning
H. Lee Dennison Executive Office Buildin
Veterans Memorial High<<ay
Hauppauge, New York 11787
j
Town of Southold
Board of Appeals
Petitioner:
Hun. File Nos.:
St. Peter's Lutheran Church
2107, 2108, 2186 through
2202 inclusive and 2211
S.C.P.D. File No.:
SD-76-l4
Gentlemen:
Pursuant to the requirements of Sections 1323 to 1332 of the 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.
.n .:./ )
(:t) . L2-~
Comments: With the understanding that: (1) Public water and/ilanitary s~wage dis-
posals will be supplied by the Inc. Village of Greenport; (2) the restaurant in
the domiciliary facility and the motel units will be restricted for use of resi-
dents and guests of San Simeon; and (3) consideration is given to the widening
and improvement of Chapel Lane as per Town of Southold specifications.
Modification of the spatial arrangement of streets, dwellings and
parking area warrants consideration to insure a sense of community cohensiveness,
continuity of internal open areas and diminished walking distance from parking
areas to dwellings.
Very truly yours,
Lee E. Koppelman
Director of Planning
,'-'
by
GGN:fp
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,...i TOWN CLERK 765-3783
Building Dept.
Planning Bd. 765-2660
Board of Appeals
TOWN OF SOUTHOLD
TOWN 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. . . . . .~9~:r.4 . 9f .~l?p~?l,l? . . . . . . . . . . . ofthe town of. . . ?P.~tJ.19.1.4 . . . . . . . . . . . . . . . . .
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
New and recodified zoning ordinance
St. Peter's Lutheran Church
Main Road & Chapel Lane
Greenport, NY 11944
Amendment to the zoning ordinance
Zoning changes
Special permits
.....x.......
Variances
Location of affected land: ...S;S..CR2.7...and..EjS...Caape.l..Lane4...Gr.eenppx:t.,...l\l.Y..................
within 500 feet of: (check one or more)
Town or village boundary line, or shore line
.....x.......
State or county road, parkway or expressway
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:
This variance is the final one necessary for San Simeon by the
Sound. The Board approved it, and all the others, including in
their resolution the recommendations of the S.C.P.C. with the
exception of widening Chapel Lane. The Board felt that people
should be discouraged from using this road because of the dan-
Dat.l:!7.:r:.'??~...~.~.!:.7.z..:I3.E7.~.~~.'?.~.. of Chapel Lane and CR27.
November 8, 1976
................................................................................
(signed)
Robert W. Gillispie, Jr.
Chairman
................................................................................
Title
Date received by Suffolk County Planning Commission
FileNo. ................................
(,
Southold Town Board of Appeals
SDUTHDLD, L. I., N. Y. 11971
T c1ephone 765.2660
APPEAL BOARD
MEMBE~5
Robert W. Gillispie, Jr., Chairman
Robert Bergen
Chdrles Grigonis, Jr.
Serge: Doyen, Jr.
Fred Hulse, Jr.
M I NUT E S
Southold Town Board of Appeals
September IS, 1976
A special meeting of the Southold Town Board of Appeals
was held at 7:30 P.M. (E.D.S.T.), Wednesday, September 15,
1976, at the Town Office, Main Road, Southold, New York.
There were present: Messrs: Robert W. Gillispie, Jr.,
Chairman; Robert Bergen; Fred Hulse, Jr.; Serge Doyen, Jr.
Also present: Sam Campbell, Suffolk Weekly Times; Sherley
Katz, Long Island Traveler-Mattituck Watchman.
()
PUBLIC HEARING: Appeal No. 2108 - 7:35 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church, Main Road and
Chapel Lane, Greenport, New York (San Simeon by the Sea) for a
special exception in accordance with the Zoning Ordinance, Arti-
cle III, Section 100-30 and Bulk Schedule and requirements of.
"M-l" and "B" zones for permission to erect and maintain multiple
dwelling complex including self-contained dwellings and dormitory
type dwelling units. Location of property: Main Road, Chapel
Lane, and CR27, bounded on the north by CR27 and A. Shames and
others; east by Village of Greenport; south by Main Road (Route
25); west by Chapel Lane. .
The Chairman opened the hearing by reading the application
for a special exception, legal notice of hearing, affidavits
attesting to its publication in the official newspapers, and
notice to the applicant. The Chairman also read statement from
the Town Clerk that notification by certified mail had been made
to: Eastern Suffolk Nursing Home; Village of Greenport.
<..
THE CHAIRMAN: . I might say that this project has been under
study for well over a year as far as the several boards of the
Town of Southold are concerned and this is the culmination. I
think I will read into the record a statement concerning St. Peter's
Evangelical Lutheran Church of Greenport, New York, submitted June
9, 1976:
Southold Town Board of Appeals
-2-
September 15, 1976
(
"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 domiciliary facility housing approximately 84 persons, as an
adul t home. .
2. The purpose of this project is to provide, below market
cost, 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 St. Peter's Lutheran Church.
To this.end the congregation has already received through be-
quests and fund-raising activities approx. $300,000 earmarked
for this project. In addition, the land which is presently owned
by the Church, and which will be used for this project, is ap-
praised at $650,000.
(
4. This proposed project will be operated entirely for
charitable purposes. Rents and/or maintainence charges will be
projected and set according to the need, after taking into con-
sideration bequests and other contr'ibutions 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.
L
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
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 purpose of existence. Otherwise,
the land lies vacant, of no use to anyone.
Southold Town Board of Appeals
-3-
September 15, 1976
(
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 Mics 2d 312, 166 N.Y.S. 2d 198, see 4 Op Counsel SBEA
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. Cou-sel 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 pe~
niaryprofit for any organization nor for any of its
members or employees. "Its only purpose, as set forth
previously, is entirely charitable and benevolent in
nature and in pursuance of what we believe to be God's
work on earth.
7. Reference is made to SOp. Counsel SBEA No.9, wherein
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 non-
profit organitation organized for charitable purposes
depends on whether or not the project is used exclusively
for such purposes...'
l.'
We believe that the local assessor, when investigating the actual
Southold Town Board of Appeals
-4-
September 15, 1976
(
use of the prope:ty, will satisfy himself that our p~oposed use
of the property 1S a necessary and integral part in carrying out
the o~erall corporate purposes, and, more specifically, the
ca:rY1ng out a~d ~orwardance of our work in Social Ministry, in
th1s case, Chr1st1an compassion and helpfulness to the aged.,
8. Based upon the facts and other information set forth
above, we hereby request of the State Board of Equalization and
Assessm7nt ~n opinion,as to the taxable status of the real prop-
erty wh1ch 1S the subJect of the foregoing." .
Respectfully submitted,
ST. PETER'S EVANGELICAL LUTHERAN
CHURCH OF GREENPORT, N.Y.
, The ~ax eX7mptio~ appears to be one of the thj.ngs in con-
nect10n w1th th1s proJect that has concerned a lot of people. -
Th7 State Board of Equalization replied to Mr. Tasker's letter,
wh1ch I guess enclosed Rev. Coleman's letter, Mr. Tasker being
the Town Attorney.
(
(The Chairman read the letter from the State Board of
Equalization and Assessment to Robert Tasker, Esq.,
dated July 13, 1976.)
Attached to this letter are a number of opinions and re-
search they have done in the past on this problem. One of the
key paragraphs is:
"The first requirement of this statute then, is ~at 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 is any (Great. Neck
Section, etc. v. Board of Assessors, 21 Misc.2d 142, 189
N.Y.S.2d 623; Goodwill Club of Amsterdam, New York v. City
of Amsterdam, 31 Misc.2d 1096, 222 N.Y.S.2d 896). 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,"
l"
That problem was discussed between the Planning Bo~id, the
Board of Appeals, and the Town Attorney on several occasions
and I have discussed it with some other people outside the Town.
One of the things that outsiders have suggested is that part of
the property be made taxable, and since this application doesn't
cover all of the property, it's possible that might be used in
Southold Town Board of Appeals
-5-
September 15, 1976
(
consideration. This is a letter that Rev. Coleman wrote on
August 26, 1976, to the Planning Board:
"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 ap-
plicable 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 fur~
nishing 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 truly yours,
/s/ Reverend William A. Coleman
Was this letter prepared by the Town Attorney? Because
that isn't exactly what the Town Attorney's letter said, right?
REV. .COLEMAN: No, it is not exactly what he said. On
the. advise of our attorney, we wrote this letter.
ROBERT BERGEN: You didn't commit yourself to anything.
REV. COLEMAN: Since we are not taxable ...
ROBERT BERGEN: You could contribute $5.00.
c
REV. COLEMAN: Right, but we cannot be
going to speak, I'll let my attorney speak.
THE CHAIRMAN: 1 jotted down, after having the letter read
to me by the Town Attorney's secretary this afternoon, what I
. . .
well, I'm not
Southold Town Board of Appeals
-6-
September 15, 1976
(
thought she said. It is not .the intention of the applicant ~o
avoid payments in support of fire, police, lighting, etc. and
other services furnished by the Town of Southold. This is just
the jist of it. Accordingly, and in spite of apparent tax exemp-
tion, it is the intention of the applicant to pay to the Town
of Southold a proportionate annual share of these Town expenses,
as determined by the Town Tax Assessor. I don't know whether he
had that last in the letter or not.
REV. COLEMAN: Yes, he did have it last.
THE CHAIRMAN: But your letter, with the help of your
lawyer, is a little different.
REV. COLEMAN: Just with the omission of, I think, the
last sentence, and with the idea of payments, I think it was
payments or contributions. Since we will be tax exemptable,_
the way we see it, if the assessors say so, they cannot be
payments, they have to be contributions. In talking with the
local assessors, it carne to our attention, too, that the pro-
ject cannot be partially taxed. It is either going.to be tax
exempt or taxable after it is constructed, and to show our good
faith, if we are tax exempt, we would make contributions for
those services rendered as enumerated in the letter that I sent.
(
THE CHAIRMAN: But there is no obligation.
REV. COLEMAN: There would be no obligation anyway.
THE CHAIRMAN:. Your point is that there could be no obli-
gation if the wh~le project is fully tax exempt.
REV. COLEMAN: There are other tax-exempt projects in the
Town that are under no obligation right now to make any contri-
bution at all. What we are doing is now probably the first time
any possibly tax-exempt organization is stating in a letter that
they would be willing to pick up a proportionate share of those
services that they use.
THE CHAIRMAN: The information I got about a Presbyterian
elderly home in New Jersey was, part of their operation was left
on the tax rolls. Now, it is conceivable this could be done with
your operation. You have an administrative building and you're
going to have boarders there and guests ..~
REV. COLEMAN: Again, the local assessor would determine ...
THE CHAIRMAN: Well, it mayor may not be correct, I don't
think we should go into it too much at this time.
l:
REV. COLEMAN: What we are talking about is if we are tax
exempt. If we are not tax exempt, then the question is already
Southold Town Board of Appeals
-7-
September 15, 1976
c
answered. If we are tax exempt, then .what we want to do is we
want to make contributions for those services rendered.
THE CHAIRMAN: But you see, part of your property could be
tax exempt, and, say, five acres could be taxable.
REV. COLEMAN: The assessors would have to set that up.
It's according to how we use it that determines whether we would
be tax exempt or not.
THE CHAIRMAN: It should be brought but here, I think, that
the remaining property is going to be used for an administration
building and a pool, right?
GEORGE KOCH: That's in the total acreage now.
REV. COLEMAN: We have it divided into three sections
according to what the Planning Board has asked for.
THE CHAIRMAN: With the "B" zone here.
REV. COLEMAN: Right.
(
THE CHAIRMAN: This is a letter from John Wickham, the
Chairman of the Planning Board:
(The Chairman read the August 31, 1976, letter from Mr.
Wickham to the Board of Appeals and also the letter
from the Planning Board to George Koch, dated August
31, 1976, which contained their resolution.)
The point I was trying to bring out here for the. infor-
mation of the people here in order to try and understand this
project as we go along. The inn - which, incidentally, there's
one error in the overall procedure that I discovered this after-
noon. You need a variance for the length of the inn. That ex-
ceeds the length in the Ordinance. So whatever we do here will
have to be subject to that being applied for.
GEORGE KOCH: The original application, which is still on
file, applied for a length of building variance.
L
THE CHAIRMAN: Yes,. but it wasn't advertised. The inn
will house 84 people and consist of bedrooms and bathrooms with
no cooking facilities. It's for motel-type use. 84 single bed-
rooms. It's attached to a restaurant and in order to provide
easy access to the restaurant, from one building to another
during the winter months, a covered corridor is provided between
these buildings. This seemed like a very good idea to every-
body I talked to about this. The elderly people will be able
to walk from their room in that facility to the restaurant.
Southeld Town Board of Appeals
-8-
September 15, 1976
(
While we are on the subject of the restaurant, it is solely for
the use of the residents of this whole complex.
GEORGE KOCH: That's correct.
THE CHAIRMAN: This is not a public restaurant. The houses
are located so that there is a minimum of traffic and a maximum
of open space, which is another reason for the vast number of var-
iances which the applicant has had to apply for. But in planning
this, the Planning Board thought that it was better to have this
type of plan than to have a grid-type layout. This provides more
open space and concentrates the parking in how many parking lots?
GEORGE KOCH: I don't have the exact number;
THE CHAIRMAN: 7 or 8. There's adequate parking. In some
cases there's a slight walk to the parking space, but each
dwelling unit will have a designated parking space.
Continuing with this, we have a memorandum here, getting
back to the taxable status, from the Town Attorney to several
Board Chairmen in the Town:
(
(The Chairman read the letter dated July 19, 1976,
from the Town Attorney.)
The variances that have been applied for here concern
themselves solely with parking and front yard setbacks in order
to create this open space atmosphere. There is no variance re-
quested for the parking by the restaurant. There will be a var-
iance for the length of the building.
I'm ready now to hear from anybody who wishes to speak for
this application. There are a lot of things the Boards do not
understand about the project, maybe whoever speaks for the Church
can clarify it. Things such "as residency requirements, sectarian
requirements if any, would it be non-sectarian, etc.
REV. COLEMAN: Mr. Pearson has a statement he would like to
read, but I don't know if it will answer the questions yeu are
asking. Maybe he can read this.and then you can direct some ques-
tions to us.
HENRY PEARSON: I won't read the entire statement because
it would be repetitious to a number of things you've already put
into the record, but I'd like to mention a few things I think
would be on the positive side of the project. It's easier if I
read this.
L
"To this end the Church will subsidize this project, and it
" will be operated entirely for charitable purposes. It will, however,
Southold Town Bo~rd of Appeals
-9-
September 15, 1976
(
not compete with any local nursing homes or homes for the elderly,
but, it is proposed, will work. in harmonious relationship with
the neighboring Health-related facility. It will not be in direct
competition with them, but, together, they will provide a complete
spectrum of health care for those elderly persons residing with-
in San Simeon and said neighboring H.R.F."
THE CHAIRMAN: I think you should make that a little clearer.
You're not going to compete with the Nursing Home. There's sort
of a continuous flow from unit living to domiciliary living to in-
tensive, not intensive care, but ...
HENRY PEARSON, ESQ.: It takes the spectrum from when you
first want to give up your home and take things a little easier
to when you need more and more care, when you would then go from
our project possibly to the adjoining Health-related facility.
THE CHAIRMAN: I've heard people say that the State of New
York has encouraged this type of facility arrangement.
(
REV. COLEMAN:. That's right. The State recognizes four
levels of care, and what we see is we already have two levels of
care being provided for residents of the community, and doing a
very fine job, having had the facility checked out because we were
concerned about our relationship with them. We will be having a
relationship with a very fine facility, the ratings that the Health-
related facility that Mr. Salamone and the Nursing Home that he
operates have received the top-notch ratings. Even though he is
not here tonight, I think I can say this, you can check if you
wish, that he is very much in favor of our project because he sees
it as a real addition to what he's trying to do in serving the needs
of people and that in no way would we .be competing with him. One
day he said to me, "You know, there are some people who are in the
Health-related facility here who really don't have to be here. If.
we only had a domiciliary facility we could transfer them out and
give the needed care to those who really had the need for it."
HENRY PEARSON, ESQ.: If I may interrupt, we are being
pressed by the State at the present time for people to be put
into something that is more suited to their abilities, not in
a facility providing higher care than they require in their pre-
sent state of physical abilities.
REV. COLEMAN: Mr. Pearson's expertise is not only in the
law, but he also represents the Presbyterian Home which has a
number of levels of care in Syosset.
L'
: THE CHAIRMAN: He probably
tioned in New Jersey than I do.
made here is that, according to
knows more about the one I men-
One other point that might be
all the information I could get,
Southold Town Board of Appeals
-10-
September 15, 1976
(
the projects that have been planned by HUD have been uniformly
unsuccessful. The one that I've seen in Islip which apparently
was financed by HUD, it's about the same type of facility that
you're proposing here. Being partly financed, they have a limi-
tation on the amound of rent and also the amount of income you
can have, you couldn't own any property in the Town of Islip and
live in this place.
(The Chairman then further discussed the facility in Islip.)
Go ahead, I just wanted to throw that in.
(
HENRY PEARSON, ESQ.: I beg your indulgence in reading it,
but I th;i.nkit would be better for the record this .way. "Your
petitioner, through its officers and Board, has made a study of
the situation confronting elderly persons, Lutheran and otherwise,
who wish to remain and continue living in and about Southold~
These senior citizens are, in most instances, caught in a squeeze
between rising cost of living and, at the same time, reduced in-
come by reason of retirement. If they choose to retire and remain
on Long 'Island, they face possibly a drastically reduced standard.
of living if they keep their present abodes. Our proposed retire-
ment community will offer to these people who, in many instances,
have lived a lifetime here, an opportunity to remain in the area,
near friends or relatives, at a cost of housing that they can bet-
ter afford than commercial apartments or the like.
Another consideration voiced by elderly citizens is this:
'What about the availability of health care, in emergencies and
otherwise?' Residence in San Simeon will relieve that burden of
worry, for medical help will be immediately available at all times."
We found that to be a considerable wo~ry of folks that live .alone,
if they suffer a sudden stroke or are otherwise taken ill, there
are no medical facilities available.
THE CHAIRMAN: You made a point just before that one, that
you will.furnish facilities that people can more readily afford.
Would you elaborate on that a little bit, explain why they would
be able to more readily afford these facilities?
HENRY PEARSON, ESQ.: Because the profit factor would be
eliminated. The rents will be set strictly on a basis of what-
ever is needed to carry the project. It will be subsidized by
the Church and Church organizations. The rent will be set so
there's no profit being made.
(..
THE CHAIRMAN: How wide a Church backing have you got?
For. the people of Greenport this is a tremendous project, you
could start to run a big deficit. Do you have additional backing
outside the Church?
Southold Town Board of Appeals
-11-
September 15, 1976
(
REV. COLEMAN: No, individuals have given us donations and
we hope to receive more. The entire project is owned by the local
parishioners. The whole thing, to this point, has been put to-
gether by this congregation.
THE CHAIRMAN: Please continue, I'm just trying to bring out
these points as we go along.
HENRY PEARSON, ESQ.: "Other needs of residents of San Simeon
will be fulfilled: recreation, spiritual care, social well-being,
perhaps counselling, if needed, and other concerns of us all,
elderly or not, will be ministered to, through professional and/or
voluntary services, am through the Committee on Social Ministry of
the Church. . The purpose of this committee is to extend Christian
compassion, helpfulness and ministry to those in need of help,
which, in the matter at hand, we, the petitioners see it as our
Christian duty to aid the aged of limited income to live the_ir de-
clining years in comfort and security. We believe that since we
have been privileged by God to become the owners of this land, it
should be put to use by the congregation in some manner that would
advance the social ministry of the Church, that is, to minister to
those needing aid and comfort. Otherwise, the land lies vacant,
of no use to anyone.
(
We believe that the proposed retirement complex will he an
asset to the community in building, for it will utilize local
labor and materials, and in its operation, for it will purchase
supplies and material locally. Of course, it will be one of the
largest employers in the immediate area, as well, and will be
able to offer steady, year-round, part and full time positions for
men and women of the area."
THE CHAIRMAN: What would be the employment figure?
HENRY PEARSON: I myself don't have that information, but
I guess it would be comparable to
REV. COLEMAN: Comparable to the Nursing Home.
THE CHAIRMAN: I don't know how many are there.
REV. COLEMAN: About 40. But they have round-the-clock
nursing care, so I wouldn't know exactly how much.
THE CHAIRMAN:. Between 40 and 50?
REV. COLEMAN: Yes, I'd say so.
THE CHAIRMAN: At how much a year?
L~
REV. COLEMAN: I don't know.
Southold Town Board of Appeals
-12-
September 15, 1976
(
THE CHAIRMAN: Well, you'll find out when you go to hire
somebody.
HENRY PEARSON, ESQ.: We can't estimate that at this time,
we'll just break it down, but of course
REV. COLEMAN: You see, what we're going to do, we're not
going to begin with the inn, which will be probably the biggest
employer because there you will be providing meals and 24 hour
a day supervisory care. We're going to begin with the co~tages
because that's where our greatest need is in terms of requests.
There we are going to need maintanence people.
THE CHAIRMAN: You'll need somebody to collect the rent, too.
(
REV. COLEMAN: Well, I'm sure we'll have volunteers for that.
I mentioned this to the Planning Board, and I think you might.be
interested too, that the German Festival that was run by St. Peter's
Lutheran Church grossed close to $28,000 and over $12,000 was netted,
and every single penny of that was put towards this project, with
matching funds for every part of it coming, we hope, from the Luth-
eran Insurance Company as a benevolent gift. It's not just the
money, but probably the tens of thousands of dollars that people
have contributed, not only members of the Church, but also friends
in the community. It shows that not only the congretation, but
other people who see a need for this, are behind us. So this is
not my dream or the dream of a few individuals, but I think what
we see is the congregation stands firmly behind this project, is
committed to it, and has not only put its resources in terms of
dollars on the line, but has put a great deal of hours into it.as
well.
THE CHAIRMAN: Getting back to how you can furnish housing
cheaper than other people can, for one you eliminate the profit
motive. You eliminate a large portion of taxes and this would
be a good place to say that the bulk of our taxes are school taxes,
about 60% of our real estate taxes are school taxes.' About 20%,
I guess, is Town taxes. So when you talk about contributing
toward police, lighting and other services supplied by the Town,
you're talking about contributing 15 or 20% of what the property
would normally be taxed at. If .you have 150 residences and each
one is taxed at $1,000 a year, th~'s $150,000. What you're talking
about is 20% of that.
l
REV. COLEMAN: .There was one other thing that I wanted to
mention. Some of the figures that we've gotten from the Federal
government as to what, besides"providing employment, a project
like this will do for the community. They figure 100 residences
produces in the community in terms of money spent for services,
food and so on, $l,OOO,OpO a year for each 100 units.
Southold Town Board of Appeals
-13-
September 15, 1976
(
THE CHAIRMAN: It might also
buy water and perhaps electricity
and pay for sewage.
be said that you propose to
from the Village of Greenport
REV. COLEMAN: The Church already pays for all those services.
THE CHAIRMAN: Is there anyone else who would like to speak
for this application?
(There was no response.)
REV. COLEMAN: I would just like to say that the ones I see
here, by their silence they're speaking for it.
THE CHAIRMAN: Is there anyone present who wishes to speak
against it?
SHERLEY KATZ: Sir, I don't want to speak against it, I
would like to ask a question though. You mentioned medical help
available at all times. Are you saying that there will be a med-
ical staff on the premises?
REV. COLEMAN: No, we will contract with a doctor.
(
THE CHAIRMAN: Part of the administration building may be
doctors' offices, correct?
REV. COLEMAN: No so much in the- administration building, I
think we have provided in the design of the inn a medical examina-
tion room so a doctor could corne in there and treat people, rather
then have people go out, maybe we could have a doctor corne in and
spend one day a week there or something like that. We also pro-
vided a dentist's office. Again, it's just providing a conven-
ience for the people. They would also have a right to have their
own physician, they don't have to go to the doctor we provide.
THE CHAIRMAN: There are several parts of this I think we
should inquire about. How will you determine, financially, who
enters this? I would assume that a lot of people would want to
enter it.
L
REV. COLEMAN: In all the applications we've seen from going
to facilities of this kind, they've all asked for financial dis-
closure, confidential financial disclosure. - Using actuarial tables,
what we'll try to do is, with the projections we can make with the
best business advise possible, is to try to provide housing for
those who we think would be able to carry it. Not just carry it,
but also realizing what resourced we have at our disposal to sub-
sidize these people when, for example, they do deplete their own
resources. We already have estahlished an endowment fund which I
think is between $3,000 and $4,000 of gifts that are specifically
designated for rent subsidies on people who, for example, might
Southold Town Board of Appeals
-14-
September 15, 1976
(
live beyond their actuarial life expectancy and who just might,
because of the cost of utilities and whatever, just become poverty
stricken. I think again, that the people we want to deal with
are those who have always prided themselves on paying their bills
and we will just try, in a very, very quite way, to tell them that
everything is taken care of. I think we have the right to do this
because we already do it in the congregation. For those who have
financial'problems and need help, the congregation has funds to
help them, not only missions on the other side of the world, but
to our own people, not just members of the parish but needy people
in the community. I think we have a very fine record, as our
church budget shows, for this particular kind of work.
THE CHAIRMAN: I don't mean to quibble, but you have mentioned
a figure of several thousand dollars which could be used for
granting subsidies. Assume you have 30 or 40 units, when you get
them all built, that's 150 dwelling units at around $40,000 ~
piece. I don't think you can build them for less. Of course,
that wouldn't apply to the 84 motel units.
GOERGE KOCH: The entire complex, the inn, .will probably
cost about $1,000,000.
(
THE CHAIRMAN: Well, 84 units at$IO,OOO would be $84q000,
so you figure you can build them at about $12,000?
GEORGE KOCH: Something like that.
THE CHAIRMAN: I assume you think that my figure is high
on the cottages. Alright, let's make it $30,000, that's what.
it cost five years ago. 150 units at $30,000 would be $4,500,000
plus $1,000,000 for this motel unit and $1,000,000 for site im-
provement?
GEORGE KOCH: Yes. The whole thing will cost, roughly,
$7,000,000.
THE CHAIRMAN: Divide that by... what do you figure you're
going to have to charge for rent? The old rule of thumb, it's
no longer any good, used to be 1% a month if you were going to
rent something.
HENRY PEARSON, ESQ..: Once again, it will be on a break
even basis, and also, obviously, it will not be built on cash,
it will be built on mortgage money which will be privately fi-
nanced. Therefore, the rent will be a function of the expenses
in operating the place plus the interest we'll have to pay on
the mortgages.
l
the
son
THE CHAIRMAN: You have this $200,000 on hand, plus
land is, which gives you security for the mortgage.
going into this would make a one-time contribution?
whatever
A per-
Southold Town Board of Appeals
-15-
September 15, 1976
(
REV. COLEMAN: Again, we .haven't really set that up yet.
We've just explored different ways of doing it.
THE CHAIRMAN: I was just trying to get at, and I think
this Board should know, some of the criteria you're going to use.
Presumably, Lutherans you will consider first, right, since this
is a Lutheran Church project, but it will be non-secterian?
REV. COLEMAN: Yes. It usually breaks down, if I can use
a rule of thumb from what I've heard of other facilities, it
usually breaks down to about a 60 - 40 kind of ratio.
THE CHAIRMAN: 60% Lutheran and 40% other?
REV. COLEMAN: Yes, and that's not because quotas have been
set, that's only from what I hear about other projects. Because,
obviously, if you're the sponsoring denomination, or community,
people happen to hear about it through publications and so on. For
example, we've gotten letters, because Newsday has written an art-
icle about it, from people saying, "I'm a Lutheran, etc., etc.,
and that's why I'm -writing to you because I'd like to be in a
Lutheran sponsored project."
(
ROBERT BERGEN: In other words, regardless of where they
live, if they ~..
L'
REV. COLEMAN: We're going to have an Admissions Committee.
I've gotten letters, sad, touching letters from people who live
in five-story walk-ups in Manhattan, because the Daily News ran
something on this, they picked it up from our local paper. I
think what We're trying to do here, again, is develope the commun-
ity too, and we're not going to provide psychiatric service and
adjustment councelling to people who have lived their whole lives
in one environment and, in our opinion, cannot make the adjust-
ment to live here. I think what we're really talking about is
people, quite frankly, who have lived on Long Island all their
lives, who love Long Island, and would like to stay on Long Is-
land. We're not going to advertise this in California, we're not
really advertising this in New York City, I don't think we have
the need to. From the little bit of information that has gone
out on this, the little bit of publicity we've had ... you can't
judge how many people are going to come in by the number of let-
ters you've had inquiring, but obviously it says, if no~hing else,
that there is a need for this ki~d of housing for elderly people.
Also, I think a lot of people feel very good about the fact
tha~ the Lutheran Church is sponsoring it because the Lutheran
Church has had a very fine record, not only in this community but
I think in other communities as well, when they do something, they
do it right and they stand behind the project and operate it in
a very fine manner.
Southold Town Board of Appeals
-16-
September 15, 1976
(
THE CHAIRMAN: You'll generate some of your own finances
assuming that you start out with, say, 10 units. Presumably,
each one of those 10 or 12 that come in, maybe not all of them,
but most of them will put down ten, fifteen, or twenty thousand
dollars.
REV. COLEMAN: If that's the way we decide to do it.
THE CHAIRMAN: I don't know how else you could raise the
money.
HENRY PEARSON, ESQ.: We're exploring that possibility
along with selling building bonds or notes to the public, pre-
sumably ~utherans, but also to anyone who cares to buy them as
an investment, which we would clear with the S.E.C. and the
Attorney General.
THE CHAIRMAN: But if a person could go in there with that
much money, is it likely that they'd have enough income to sup-
port your rent? We never have gotten a ground figure, which
might be $200, $300 or more, I don't know.
(
REV. COLEMAN: I think what Mr. Pearson is saying is we
have to be able to pay our bills without making a profit. That's
what we're going to do and whatever that bottom line comes out to,
I think it's obvious that it's going to be lower than the market
of commercial housing because, first. of all, we're not making a
profit, we'll probably have a lot of services, well I can't say
we'll have services donated, but we've had a lot of services do-
nated up to this point in putting the project together. It has
to be cheaper than what someone else who wanted to do the same
thing would have to charge.
HENRY PEARSON, ESQ.: By the same token, it obviously can't
be for nothing.
THE CHAIRMAN:
what would happen if
whole thing, and the
that.happen before.
One of our obligations here is to consider
you people fail. We'd be left with this
Lutheran Church could sell it. We've had
HENRY PEARSON, ESQ.: We'll have to work it so that it will
carry itself.
THE CHAIRMAN: You can't build anything until you make all
the site improvements, is that correct?
CO
:;
GEORGE KOCH: We're studying the possibility of doing this
in stages without all the site improvements, starting at the sewer
and working our way back into the site as we go along. You will
not get the exposure of $7,000,000 initially.
Southold Town Board of Appeals
-17-
September 15, 1976
(
THE CHAIRMAN: The $1,000,000 plus for site improvement,
you won't get that initially, in full.
GEORGE KOCH: Nor will you get the inn, which we talked
about before.
THE CHAlfu~: And I suppose you really can't tell how
long this will take to build.
Is there anyone else who wishes to speak for this appli-
cation? Are there anyone questions?
WILLIAM BUESCHEL: In view of the popularity of places
such as Leisure Village and Leisure Knolls and the places in
Jersey and several others that come to mind, there seems to be
a pretty good prognosis for this sort of venture.
THE CHAIRMAN: I've been to Leisure Village several times
and talked to them and been all through it and it's a very suc-
cessful project, but it's a profit-making organization. They
get certain cost economies due to the fact that they have this
community approach to everything.
(The Chairman discussed the facilities at Leisure Village.)
(
That's something I ment to ask you, will it be a cor-
poration that runs this?
REV. COLEMAN: St. Peter's Church.
THE CHAIRMAN: I see.
(The Chairman again discussed Leisure Village.)
HENRY PEARSON, ESQ.: I. think what you're saying is that
there's more money to be invested in those projects, but that is
not necessarily untrue of the people who will come into San
Simeon.
THE CHAIRMAN: That's why I was trying to get some idea of
what the criteria will be for entrance. I think the Board has to
have an idea, it's conceivable that this could be so far out in
left field that the Board, in it's own good jugdment, should turn
it down. We have turned down applications here, even though we're
not engineers, because they just didn't look sensible, which is
one of the reasons why I'm asking all these questions.
l'
REV. COLEMAN: With the applications, our bank friends tell
us, we should get a small deposit with those applications as a
good faith commitment on the part of the people. The banks will
be very happy to lend money on those because we know then that
Southold Town Board of Appeals
-18-
September 15, 1976
(
these people will be occupying those units. We also certainly
don't want to build something that is not rentable.
THE CHAIRMAN: I'm not sure that I follow you.
REV. COLEMAN: An application for admission is sent out,
and usually what church-sponsored, senior citizen housings do
is they ask for a deposit, a small amount which is not refund-
able in case the person, after they're approved for admission,
decides not to come in, but if they do come in, then the money
is applied to the entrance fee. Our bank friends tells us that
if we got $1,000 of which $950 was refundable, this is a good
faith commitment that these people are not just saying, "I'm
interested in-housing, but come and see me when you get it built
and then I'll decide." These people are saying, "Yes, we want
to be part of the San Simeon community and to show our good faith
that we are, and that as soon as it is built we will be ready_to
occupy it, we are enclosing our check for ..." It will be held
in escrow.
THE CHAIRMAN: That's where you leave me. The $1,000 is a
good faith item, you know the man is serious, and from what you
just said, $50 of it will be surrendered if he decides not to go
through with it.
(
REV. COLEMAN: The way they usually work it, if a person is
rejected, they receive everything back.
THE CHAIRMAN: That is to enter a, say, $30,000 dwelling.
What in addition to the $1,000 will be required? .
HENRY PEARSON, ESQ.:
Many places do it this way
that $1,000 over 12 months
It's according to how you do it.
just on a rental basis, they prorate
rent.
THE CHAIRMAN: And your rents will be projected based on
<-
REV. COLEMAN: Exactly. What this is, when you go to a
lending institution, whether it be to the Lutheran Insurance Co.
or to a regular bank, you can show them applications of acceptance
and also money held in escrow of people who want the first 30
units or so that are going to be built. For example, when a
church is going to build a building or an addition on a building,
we have a pledge drive. Those pledges are accepted by the bank
because people's names are on them, even though they're not
legally binding, as good faith commitments. Again, if anyone
looks at tee way St. Peter's Church in Greenport is managed and
at what st. Peter's has been able to do in the past 13 years,
I think we're probably one of the best managed churches in the
community, we're not foolish with our money, and we do not make
any money through commercial ventures, bazaars, rummage sales,
Southold Town Board of Appeals
-19-
September 15, 1976
(
or anything like that. Every. single penny that supports that
church comes on Sunday morning through the free-will offering
of the people and any commercial thing we do, whether it be a
German Festival or a Harvest Festival, has to be done with the
idea that the money is given away. In this case, the money is
being given to a project of the Church, but the Church is not
supported, that building has not been paid for in 12 years by
any fund raising effort except the free-will giving of people
on Sunday morning. That's the way we operate.
THE CHAIRMAN: Getting back to the point you made earlier,
most people would make a substantial contribution in order to
get a dwelling unit.
REV. COLEMAN: It amounts to the same thing. If a person
puts up $10,000, then what it means is their carrying charges
are reduced proportionately.
THE CHAIRMAN: But suppose they borrow $10,000, then their
carrying charges are increasing.
REV. COLEMAN: The point is, then we'd have to borrow it
in their place, and we'd have to charge them. That might be
part of the disclosure, too, on the application.
c.
ROBERT BERGEN: So if they put up the $10,000, that is
used so much a month?
REV. COLEMAN: It means that we don't have to go to the
marketplace to borrow that initial money.
HENRY ?EARSON, ESQ.: In other words, they're investing in
the project itself.
THE CHAIRMAN: But they have no piece of paper, they have
no bond.
REV. COLEMAN: They's have the right to live there for the
rest of their lives.
THE CHAIRMAN: The moral right.
HENRY PEARSON, ESQ.: And also the legal right.
THE CHAIRMAN: How will they have a legal right?
REV. COLEMAN: Because we'll give them a contract.
c
THE CHAIRMAN: You'll have to have pretty accurate disclosure
to make sure that you get tenants that can pay the rent.
Southold Town Board of Appeals
-20-
September 15, 1976
(
BARBARA EDEEN: I don't think that we are planning to take
in the very poor, the Welfare people. I think most of the people
will be able to afford whatever we charge.
REV. COLEMAN: We're providing a service of caring for
people, but we also have to be realistic in that if we can't
afford to care for them, then there's no care at all. So we
have to know, through some disclosure, what ...
ROBERT BERGEN: Who's on Medicare and so forth.
(
REV. COLEMAN: Right, for those kind of things. What we're
thinking, as Mr. Gillispie said, is that we don't know what the
future h~s in store in terms of what electricity or oil heat is
going to cost 15 years from now. I mean we might take a person
in and all of a sudden discover that, in 15 years, they've used
up, because of the high cost of living, all their resources.
That's why we're preparing for that, building an endowment fund
through gifts and charitable fund-raising efforts, the funds to
be able to subsidize people who might find themselves, even after
the best of planning, in financial straights. I don't think there's
anything worse, I deal with elderly people all the time, for an
elderly person who's always paid his own way, to have to go go the
State or to any governmental agency. I know people in my parish
who will not, "even though they have just a few dollars, take any-
thing from Medicare, they insist on paying the doctors' bills
and will not sign any forms in the doctor's office because that's
"Welfare." .
THE CHAIRMAN: One thing I'd like to discuss is Welfare
occupants. What about people who are on Welfare, or people who
could go on. Welfare after they get in there? Another thing is,
I believe that this is supposed to be childless, no children.
How do you propose to keep children out?
HENRY PEARSON,
under a oertain age
children, obviously
ESQ.:
would
older
By a rule that
be allowed in.
children would
no one with children
~hat means young
be alright.
ROBERT BERGEN: What do you mean by older children?
HENRY PEARSON, ESQ.: Teenage children.
c~
THE CHAIRMAN: That wouldn't be legal if you were accepting
any public.funds. But you're not, so you can arbitrarily rule
that this project cannot have children in it, unless you lose con-
trol of it and have to sell it. As far as Welfare is concerned
you. can't discriminate against Welfare.
HENRY PEARSON, ESQ.: As we said a few minutes ago, the
people we're looking for, generally speaking, own their homes,
sell it, make a substantial payment to enter San Simeon, and
Southold Town Board of Appeals
-21-
September 15, 1976
(
then, generally, have a fairly substantial amount of Social
Security coming in which would be, if not the entire carrying
. charge, then at least a large part of it. We don't have any
figures as yet, of course, but we believe that the Social Se-
curity that most people will collect will pay a large part of
the monthly carrying charges. And, of course, by reason of re-
quiring a substantial downpayment, that will eliminate people
starting out on Welfare. It's conceivable, of course, that they
may run out of money and possibly the pensions they receive will
not equal the carrying charges at some time in the future. What
happens at the Presbyterian Home is that the people go onto Social
Service, Welfare if you will, but they remain in the same status
that they always were. Fees are paid for them, or the difference
is made up, and no other resident knows anything about it. They
do not, and we do not intend to, take people in directly on Wel-
fare. If they should happen to suffer reduced circumstances per-
haps they will go on Welfare, we hope not, but it's a possibility.
But I don't believe it will change the character of the institu-
tion if Welfare made up the difference.
THE CHAIRMAN: I'm just trying to bring up all the possibil-
ities here.
(
REV. COLEMAN: By the Church having control, the Church is
setting the whole tone for the operation of the project.
BARBARA EDEEN: If you go back several years, well, not
too many years, we had none of this. We didn't have the land
except where the Church is. We didn't have the $200,000 and
we didn't have the endowment fund. That's a big step we've
taken in two, maybe three, years. I really think that the com-
mitment of the people of the Church is there.
REV. COLEMAN: The point is that many of them will never
live in this at all.
THE CHAIRMAN: I understand that, and some of the people
who move into it won't live too long. You don't have an average
projected age, do you? Obviously, it's much shorter than other
people, so in ten or fifteen years you might have the same place
occupied by several different people.
REV. COLEMAN: Then. the price of the unit becomes much
more reduced and we're able, hopefully, to add on.
THE CHAIRMAN: Don't you expect to throw the money that you
take in into the general fund that operates this complex?
l'
HENRY PEARSON, ESQ.: We may be required to apply it to
the reduction of the mortgages, but that will have to be worked
out with the banks.
Southold Town Board of Appeals
-22-
September 15, 1976
(
REV. COLEMAN: I think again that if a man retires at
60 '" I have a man in my parish who drives the Plum Island
ferry two hours a day, he's 70 years old. He's doing it not
because he wants to do it, he has to do it to make ends meet.
THE CHAIRMAN: Do you expect to have a cut-off point on
net worth? This is one of the things they had up in Islip.
HENRY PEARSON, ESQ.: Floor or maximum?
THE CHAIRMAN: Maximum, you can't be worth over so much.
REV. COLEMAN: That's because of government subsidy.
HENRY PEARSON, ESQ.: I can't see that we would have that
problem because it would be so much the better for us. The
more a man is worth, the more likely he will be to be able t~
continue '"
(
REV. COLEMAN: On the other hand, most people who are
wealthy people would not want a situation like this because
most people want to keep their independence as long as pos-
sible and we know many in this community that can afford to
have everything done, who are just delighted to keep their
own homes.
THE CHAIRMAN: Well, I've talked to quite a few who would
be happy to move into a situation such as yours while they could
well afford to stay where they are. They're tired.of cutting
grass, etc.
HENRY PEARSON, ESQ.: As I stated before, that is one of
their things.
THE CHAIRMAN: And that. would be alright with you?
HENRY PEARSON, ESQ.: Provided he meets the age qualification.
REV. COLEMAN: And also one of the reasons why we'll have
an admissions committee is to probe motivation. If we feel
somebody's coming in who could well afford to pay to have every-
thing done, he would have to give me a pretty good reason why
he would want to be in here.
THE CHAIRMAN: -Because he doesn't want to cut grass or
pick up twigs.
REV. COLEMAN: Why does he have to cut it in the first place?
He can afford to pay for it.
l'
THE CHAIRMAN: A lot of them consider that it's a duty
you were born with or something.
Southold Town Board of Appeals
-23-
September 15, 1976
(
THE CHAIRMAN: Is there anyone else who wishes to speak
for this application?
(There was no response.)
If not, is there anyone present who wishes to speak against
this application?
(There was no response.)
(
Well, we're not able to decide this tonight because it
will have to go to the Suffolk County Planning Commission for
their suggestions and approval or disapproval, and if they ap-
prove it, t~en it will be up to us to approve or disapprove it.
If they disapprove it, then this Board will have to have a
majority plus one, four, to approve it contrary to the Planning
Commission's recommendations. They usually like to get some-
input into the original planning, particularly on a complex
project like this. One of the things that concerns me a little
bit about it is a.charge that could be made against the Board
of Appeals that we are, in effect, changing the Ordinance of the
Town of Southold by granting a number of variances for setbacks
and parking. The reason for these variance applications is to
accum~late open space and use it intelligently and I think that
the architect-has done an excellent job. Rather than to just
impose a grid-iron pattern over the area, streets and houses
and everything else, you've got it Ipcated to catch the sun and
with convenient parking.
HENRY PEARSON, ESQ.: I think it might be important to
point out that these are all privately owned roads, they're not
County or State roads, they're within a privately-owned complex.
THE CHAIRMAN: One of the questions Mr. Bergen asked is if
the restaurant has enough parking in relation to the seats.
GEORGE KOCH:
provided additional
for the restaurant.
We went over that very carefully and we've
parking for the employees as well as seating
THE CHAIRMAN:
four people.
GEORGE KOCH: That's right, we have 280 parking spaces pro-
vided for on the site.
There's one parking space required for each
THE CHAIRMAN: On the motel site?
GEORGE KOCH: On the entire site.
l
THE CHAIRMAN: What's the parking for the restaurant?
Southold Town Board of Appeals
-24-
September 15, 1976
(
GEORGE KOCH: There's about 40 parking spaces in the rear
adjacent to the Nursing Home. We've also provided parking for
each living unit.
THE CHAIRMAN: Parking for the motel can be furnished over
here (on map) but, in general, you won't expect that people
living in the motel will get out very often. However, there is
plenty of space here where you propose to furnish these 40
parking spaces applicable to the restaurant. Now, if a fellow
lives over here in one of these buildings, where does he park
his car? '
GEORGE KOCH: In the area that's green on the plan.
(The Board and Mr. Koch discussed the parking facilities.)
We've tried to provide the parking as close to the facil-
ity as possible. Everything is reached by the covered walk on
the single level.
(
WILLIAM PFEFFER: I don't think you should call it a
restaurant. Each time you make reference to a restaurant, in
my mind I always think of a place where the public is admitted.
I think we should refer to it as the dining hall, rather than
the restaurant, because it could mislead someone if they heard
there was a restaurant on the premises.
FRED HULSE, JR.: will everybody living in the complex
eat in the dining hall?
REV. COLEMAN: The people in the inn will, not in the whole
complex. But if Mrs. Jones goes up to Smithaven to shop and her
husband doesn't know how to boil water, he could call and only if
space is available would they allow him to eat there.
THE CHAIRMAN: How many chairs did you say there would be
in the dining hall?
GEORGE KOCH: Enough to seat the people in the domiciliary
who have to eat there.
(The Board and Mr. Koch again discussed the parking
facilities.)
SERGE DOYEN, JR.: How many living units are there outside
of the inn?
c'
GEORGE KOCH: 150 cottage units.
REV. COLEMAN: It works out to about 1-1/2 persons per
cottage. The majority of them are one bedroom.
Southold Town Board of Appeals
-25-
September 15, 1976
(
FRED HULSE, JR.: Will guests be. accommodated in the dining
hall if they come to visit?
REV. COLEMAN: Only on a space available basis. It's the
same thing that's done at the Nursing Home, if Mrs. Jones, who
is not a resident, comes to visit her husband, if they can ac-
commodate her, they will provide her with a meal. Again, it is
not open to the general public.
THE CHAIRMAN: If a visitor came, if a son or daughter
came to visit somebody in one of these houses, they might want
to stay down here, right?
REV. COLEMAN: The cottages have kitchens. They'll go to
Mother's and have her cook a meal for them.
GEORGE KOCH: There's 124 one-bedroom units and 26 two-_
bedroom units.
THE CHAIRMAN: Now, the facilities that are going to be
furnished over here (on map).
GEORGE KOCH: They're in the administration building. Nine
of them.
(
THE CHAIRMAN: Nine in the administration building. You'll
charge for their occupancy, right?
REV. COLEMAN: It'll be a donation to cover the cost. That
will not be open to bhe general public, only to Mrs. Jones' son
and daughter who come to visit. If they come and Mrs. Jones has
a one-bedroom unit, she can't put her children up, so where do
they stay?
SERGE DOYEN, JR.: The.children aspect of it is a bit dis-
terbing. You see so many grandparents today raising their grand-
children, and if you've got that about children in your rules,
how hard and fast can you be?
REV. COLEMAN: We've got to be hard and fast. The reason
why it has to be that way is because you can't jeopardize other
people who have come in here with the understanding that there
would be no children. I don't think it's fair. You have buildings
sharing a common wall, and these buildings are not being designed
for children to be.raised in. Don't get me wrong, the children
can come and visit, but they cannot take up residence.
FRED HULSE, JR.: May I ask where you plan to start? In
other words, you're going to build 10. Where are they?
L
Southold Town Board of Appeals
-26-
September 15, 1976
(
REV COLEMAN: We're going to build, hopefully, 10%.
GEORGE KOCH: We hope to start right over here (on map).
That minimizes the grading and also the length of the sewer,
water supply and so forth.
yet?
THE CHAIRMAN: Do you have any arrangement with suppliers
GEORGE KOCH: No.
THE CHAIRMAN: This will be distributed locally, right?
GEORGE KOCH: Yes, as much as possible.
FRED HULSE, JR.:
on running the sewerage
around $45,000 a mile.
Just out of curiosity, what's the figure
line now? About three years ago, it was
REV. COLEMAN: We're in the process of computing that now.
It's still cheaper for us to hoo~ into that sewer.
GEORGE KOCH: We're a mile and a half away from it, so
it'll. be around $90,000.
(
SHERLEY KATZ: If they hqok into the line of the Nursing
Home, then actually the Nursing Home.'s going to get a rebate on
their initial investment.
FRED HULSE, JR.: That would be correct because that's a
private line.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals RESOLVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and .Chapel Lane, Greenport, New York for a special excep-
tion to erect and maintain multiple dwelling complex including
self-contained dwellings and dormitory-type dwelling unit.
The Board indicated that, in general, they looked favorably
on the project and suggested a resolution approving it condi-
tioned upon the following:
1. The applicant shall file for a variance on the
length of the domiciliary.
(\
2. The dining facility, which is attached to the
domiciliary, shall be used only by residents
and guests of San Simeon and shall not be open
to the general public.
Southold Town Board of Appeals
-27-
September 15, 1976
(
3. The applicant shall pay a proportionate share of
Town expenses in lieu of taxes.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2107 - 9:20 P.M, (E.D.S.T.)
upon application of St. Peter's Lutheran Church, Main Road and
Chapel Lane, Greenport, New York (San Simeon by the Sound) for
a variance in accordance with the Zoning Ordinance, Article III,
Section 100-30 & Bulk Schedule and requirements of "M-I" and "B"
zones for permission to reduce setback on building #74 on the
site plan of San Simeon by the Sound. Location of property:
Main Road, Chapel Lane, and CR27, bounded on north by CR27 and
A. Shames and others; east by Village of Greenpo=t; south by
Main Road (Route 25); west by Chapel Lane.
(
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavits attesting
to its publication in the official newspapers, and notice to the
applicant. The Chairman also read statement from the Town Clerk
that notification by certified mail had been made to: Village
of Greenport; Eastern Suffolk Nursing Home.
On motion by Mr. Gillispie, seconded py Mr. Hulse, and
regularly carried it was RESOLVED to dispense with the formal
reading of the legal notice and the affidavits attesting to
its publication in the official newspapers-for all of the re-'
maining variances. It was noted that all the variances were
listed in the legal notice which was published in the official
newspapers of the Town.
THE CHAIRMAN: Building. #74 is what?
GEORGE KOCH: It's a cottage unit.
THE CHAIRMAN: I don't understand this part of the appli-
cation. "Due to the steep grade and poor drainage, we request
relief for length of buildings. Buildings haye been joined to-
gether to allow for flow between buildings on one level and en-
closed."
GEORGE KOCH: That is p~rt of the application for the domi-
ciliary. Building 74 is for the front yard variance. This
other was part of the original app~ication where I had everything
altogether on one. So you can stop after reading "building 74"
because we are not considering front yard parking, which is on
another application.
Southold Town Board of Appeals
-28-
September 15, 1976
{
On motion by Mr. Gillispte, seconded by Mr. Bergen, and
regularly carried, it was RESOLVED to eliminate sentences 4,
5, and 6, paragraph #1 of the applicant's reasoning, Appeal
No. 2107.
George Koch initialled the application, approving the
change.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
HENRY PEARSON, ESQ.: Our reasoning has already been
explained.
THE 'CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
On motion by ,Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York, Appeal No. 2107.
(
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2186 - 9:25 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for permission to reduce setback on Building #40, site plan
of San Simeon by the Sound.
The Chairman opened the hearing by reading the application
for a va:r;iance.
On motion be Mr. Bergen, seconded by Mr. Hulse, and regu-
larly carried, it was RESOLVED to eliminate sentences 4 and 5,
paragraph #1 of the applicant's reasoning, Appeal No. 2186.
George Koch approved the change and initialled the appli-
cation.
On motion by Mr. Hulse, seconded by Mr. Doyen, it was
l
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York, Appeal No. 2186.
Southold Town Board of Appeals
-29-
Septemb~ 15, 1976
(
The Board indicated that they looked favorably upon the appli-
cation and suggested a resolution approving it conditioned
upon the following:
The building shall be no closer than 35' to the front
yard line.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2187 - 9:28 P.M. (E.D.S.T.)
upon applica~ion of St. Peter's Lutheran Church for a vari-
ance for permission to reduce setback on Building #27, site
plan of San Simeon by the Sound.
The Chairman opened the hearing by reading the application
for a variance.
On motion by Mr. Doyen, seconded by Mr. Bergen, it was
(
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road -and Chapel Lane, Greenport, New York, .Appeal No. 2187.
The Board indicated that they looked favorably upon the appli-
cation and suggested a resolution approving it conditioned
upon the following:
The building shall be no closer than 35' to the front
yard line.
Vote of the Board: Ayes:
Hulse, Doyen.
Messrs: Gillispie, Bergen,
*
*
*
PUBLIC HEARING: Appeal No. 2188 ~ 9:32 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a vari-
ance for permission to reduce setback on Building #75, site
plan of San Simeon by the Sound.
The Chairman opened the hearing by reading the application
for a variance.
On motion by Mr. Bergen, seconded by Mr. Gillispie, it was
c~
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York, Appeal No. 2188.
The Board indicated that they looked favorably upon the
.~
Southold Town Board of Appeals
-30-
September 15, 1976
(
application and suggested a resolution approving it conditioned
upon the following:
The building shall be no closer than 35' to the front
yard line.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2189 - 9':35 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for permission to reduce setback on Building #42, site plan
of San Simeon by the Sound.
The Chairman opened the hearing by reading the application
for a variance.
On motion by Mr. Gillispie, seconded by Mr. Hulse, and
regularly carried, it was RESOLVED, sentences 4, 5, and 6,
paragraph #1 of the applicant's reasoning, Appeal No. 2189
be eliminated.
_On motion by Mr. Gillispie, seconded by Mr. Doyen, it was
(
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road, Greenport, New York, Appeal No. 2189. The Board indicated
that they looked favorably upon the application and suggested a
resolution approving it conditioned upon the following.
The building shall be no closer than 35' to the front
yard,line.
Vote of the Board: Aye~: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2190 - 9:38 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for permission to reduce setback on Building #10, site plan
of San Simeon by the Sound.
The Chairman opened the hearing by reading the application
for a variance.
l:
On motion by Mr. Bergen, seconded by Mr. Hulse, and
regularly carried, it was RESOLVED that sentences 4 and 5,
paragraph. #1 of the applicant's reasoning, Appeal No. 2190,
be eliminated.
Southold Town Board of Appeals
-31-
September 15, 1976
(-
George Koch approved the change and initialled the appli-
cation.
On motion by Mr. Bergen, seconded by Mr. Doyen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York; Appeal No. 2190.
The Board indicated that they looked favorably upon the appli-
cation and suggested a resolution approving it conditioned
upon the following:
The building shall be no closer than 35' to the front
yard line.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2191 - 9:42 P.M. (~.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for permission to reduce setback on Building #15, site plan of
San Simeon.
(
The Chairman opened the hearing by reading the application
for a variance.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York; Appeal No. 2191.
The Board indicated that they looked favorably upon the appli-
cation and suggested a resolution approving it conditioned
upon the following:
The building shall be no closer than 35' to the front
yard line.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
c'
PUBLIC HEARING: Appeal No. 2192 - 9:45 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for- permission to reduce setbaek on Building #30, site plan
of San Simeon by the Sound.
The Chairman opened the hearing by reading the appli-
cation for a variance.
Southold Town Board of Appeals
-32-
September 15, 1976
(
On motion by Mr. Gillispie, seconded by Mr. Doyen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISloN upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York; Appeal No. 2192.
The Board indicated that they looked favorably upon the appli-
cation and suggested a resolution approving it conditioned
upon the following:
The building shall be no closer than 45' to the front
yard line.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2193 - 9:48 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for permission to reduce setback on Building #32, site plan
of San Simeon by the Sound.
The Chairman opened the hearing by reading the application
for a variance.
(
On motion by Mr. Bergen,. seconded by Mr. Gillispie, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York: Appeal No. 2193.
The Board indicated that they looked favorably upon the appli-
cation and suggested a resolution approving it conditioned
upon the following:
The building shall be no closer than 35' to the front
yard line.
Vote of the Board: Ayes: - Messrs; Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2194 - 9:50 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for permission to reduce setback on Building #26, site plan
of San Simeon.
: The Chairman opened the hearing by reading the appli-
cation for a variance.
l.'
Southold Town Board of Appeals
-33-
September 15, 1976
(
On motion by Mr. Doy~n, seconded by Mr. Bergen, and regu-
larly carried, it was RESOLVED that sentences 4, 5, and 6,
paragraph #1 of the applicant's reasoning, Appeal No. 2194
be eliminated.
George Koch approved the change and initialled the
application.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York; Appeal No. 2194.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
(
PUBLIC HEARING: Appeal No. 2195 - 9:52 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church, Main Road and
Chapel Lane, Greenport, New York (San Simeon by the Sound) for
a variance in accordance with the Zoning Ordinance, Article III,
Secti9n 100-30 & Bulk Schedule and requirements of "M-l" and "Bn
zones for permission to locate parking in front yard area for
Buildings #27, 28, and 75, site plan of San Simeon by the Sound.
Location of property: Main Road, Chapel Lane, and CR27, bounded
on north by CR27 and A. Shames and others; east by Village of
Greenport; south by Main Road; west by Chapel Lane,
The Chairman opened the hearing by reading the appli-
cation for a variance.
THE CHAIRMAN: Six spaces for three buildings, I assume
they're two. unit buildings. .
GEORGE KOCH: That's correct.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold. Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road, Greenport, New York; Appeal No. 2195.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
L
PUBLIC HEARING: Appeal No. 2196 - 9:55 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
(
(
l
.
.
Southold Town Board of Appeals
-34-
September 15, 1976
for permission to locate parking in front yard area for Buildings
#1, 2, 3, 4, 5 and 6, site plan of San Simeon by the Sound.
The Chairman opened the hearing by reading the application
for a variance.
THE CHAIRMAN: If anyone wants to speak for or against
these applications, just speak up as we go along.
On motion by Mr. Hulse, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York; Appeal No. 2196.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2197 - 9:58 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for permission to locate parking in front yard area for Buildings
#25, 22, 23, 15, 14 and 21. .
The Chairman opened the hearing by reading the application
for a variance.
FRED HU~SE, JR.: Will any of this parking be covered?
GEORGE KOCH: Yes, some of it, but none of the covered
area will be in the front yad.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York; Appeal No. 2197.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING.: Appeal No. 2198 - 10:02 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for permission to locate parking in front yard area for Buildings
#34, 29, 33, 31, 55, 56, 57, 58, and 61.
The Chairman opened the hearing by reading the application
for. a variance.
(
(
L'
.
Southold Town Board of Appeals
-35-
September 15, 1976
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York; Appeal No. 2198.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2199 - 10:05 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for perm~ssion to locate parking in front yard area for Buildings
#24 and 26, site plan of San Simeon by the Sound.
The Chairman opened the hearing by readi.ng the appli-
cation for a variance.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road_and Chapel Lane, Greenport, New York; Appeal No. 2199.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2200 - 10:08 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for permission to locate parking in front yard area for Buildings
#41, 42, 45, and 40.
The Chairman opened the hearing by reading the application
for a variance.
On motion by Mr. Hulse, seconded by Mr. Doyen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road,and Chapel Lane, Greenport, New York; Appeal No. 2200.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
(
(
L
.
.
Southold Town Board of Appeals
-36-
September 15, 1976
PUBLIC HEARING: Appeal.No. 2201 - 10:10 P.M. (E.D.S.T.)
upon application,of St. Peter's Lutheran Church for a variance
for permission to locate parking in front yard area for Buildings
#71, 72, 66, 67, 70 and 69.
The Chairman opened the hearing by reading the application
for a variance.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York; Appeal No. 2201.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2202 - 10:12 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for.a variance
fo~ permission to locate parking in front yard area for residents
of the Inn.
"The Chairman opened the hearing by reading the application
for a variance.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York; Appeal No. 2202.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
The meeting was adjourned at 10:15 P.M. (E.D.S.T.).
. .. APPROVED
//iF?:4~th{. . i
,-----,-'-1. ... I ( I /
- \",;. . 1;.' _: . . ,_
Ctiairman Board 'o/AppealS ~/
Re~p ctfully submitted,
-fJ0~ C. f)(]JL~
Ma ;- tl. Dawson .
Secretary
Robert W. Gillispie, Jr., Chairman
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Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25
SOUTHOLD. L.I.. N.Y. 11971
TELEPHONE (516) 765.1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGDNIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
January 6, 1984
Mr. Victor Lessard, Administrator
Southold Town Building Department
Main Road
Southold, NY 11971
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Re: Appeals No. 2107, 2108, 2211, 2187 to 2202, Incl.
St. Peter's Lutheran Church
Dear Victor:
In researching the above files, we would like to furnish
the following new information which we know is pertinent con-
cerning this matter:
Appeal No. 2108 for a Special Exception for a multiple-
dwelling complex was conditionally approved by the Z.B.A. on
October 14, 1976, signed by the Chairman on November 4, 1976
and filed with the Town Clerk's Office on November 5, 1976;
Appeal No. 2107 for a variance as to setbacks on Building
#74 was conditionally approved on October 14, 1976, signed by
the Z.B.A. Chairman on November 4, 1976, and filed with the
Town Clerk on November 5, 1976;
Appeal No. 2211 for a variance as to the building length
was conditionally approved on November 4, 1976, signed by the
Z.B.A. Chairman on December 2, 1976 and filed with the Town
Clerk on December 3, 1976;
Appeals No. 2186 to 2202, inclusive, for setback/area
variances were conditionally approved on October 14, 1976,
signed by the Z.B.A. Chairman on November 4, 1976, and filed
with the Town Clerk on November 5, 1976.
Page 2
January 6, 1984
To: Mr. Victor Lessard
Re: st. Peter's Lutheran
c
~
. -
Church
We hope that this information will be of assistance.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
. ~,idcu' ~<--
:By Linda Kowalski
Enclosures
cc: Supervisor Francis J. Murphy
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LEGAL NOTICE
Notice of Hearings
D",o".nt to Section 267 of the
Town Law and the provisions of
the Amended Building Zone
Ordinance of the Town of
Southold, New York, public
hearings will be held by the
Zoning Board of Appeals at the
Town office, Main Road,
Southold, New York on Wed-
nesday, September 15, 1976, on
the following appeals:
7:30 P.M. (E.D.S.T.) upon
application of St. Peter's
Lutheran Church, Main Road and
Chapel Lane, Greenport, New
York (San Simeon by the Sea) for
a special exception in accordance
with the Zoning Ordinance,
Article III, Section 100-30 & Bulk
I Schedule and requirements of
"M_IH and "B'" zones for per-
mission to erect and maintain
,multiple dwelling complex in-
cluding self-contained dwellings
and dormitory-type dwelling
units. Location of property: Main
Road, Chapel Lane, and CRZ7,
hounded on the north by CRZ7 and
A. Shames and others; east by
Village of Greenport, South by
,Main Road (Route 25); west by
i Chapel Lane.
\ 7:45 P.M. (E.D.S.T.) upon
application of St. Peter's
Lutheran Church, Main Road and
Chapel Lane, Greenport, New \
~YOrk (San Simeon by the Sea) for
variance in accordance with the
ning Ordinance, Article III,
.Section 100-30 & Bulk Schedule !
land requirements of "M-I" and
I "B" zones for permission to
\ reduce setback on building No. 74
Ion the site plan of San Simeon by \
I the Sound. Location of property:,
~. Main Road, Chapel Lane, and CR ,
27, hounded on north by CRZ7 and i
A. Shames and others; east bYj
Village of Greenport, south by
ain Road (Route 25); west by
Chapel Lane.
7:55 P.M. (E.D.S.T.)-
variance for permission to
reduce setback on building No.
40, site plan of San Simeon by the
Sound.
8:00 P.M. (E.D.S.T.)-
variance for permission to
reduce setback on building No.
27, site plan of San Simeon by the
Sound.
8:05 P.M. (E.D.S.T.)-
variance for permission to
reduce setback on building No.
75, site plan of San Simeon by the
Sound.
8:10 P.M. (E.D.S.T.)-
variance for permission to
reduce setback on Building No.
42, site plan of San Simeon by the
Sound.
8:15 P.M. (E.D.S.T.)-
variance for permission to
reduce setback on Building No.
10, site plan of San Simeon by the
Sound.
8:20 P.M. (E.D.S.T.l:-
(continued on next page)
,,.
COUNTY OF SUFFOLK.
STATE OF NEW YORK.
1
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. .'1-.c.u.,'?,.Y"..f': '"! )
_ "'._. .J~ ~):_:rr:~'~l....
1w - . . . . . . . . . . . .. being duly Sworn.
says that ....... is Printer and Publisher of the SUFFOLK
WEEKLY TIMES. a newspaper published at Greenport. in said
county; and t'hat thE" notia:. of which the annexed is a printed
copy. has been published in the said Suffolk Weekly Times
once in E"ach week, for "Tie (').
. . """""" ,. """"" weeks
sl1c<:essivdy o~~mencing on the ... >ii ;l,t,l,
d . trt~moe.l: 76' . . . . . . . . . . . . . . .
ay of ". '~;-O:> "". ....19""
. ,~._; ~..... ->---v~-~ .
Sworn to bef~re me this .. /3. . . . : : ; . . . . . . . . . . . . . . . . . . . . .
day of .. ~.tt-k-.... 191.? J
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LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the
Town Law and the provisions of the
Amended Building Zor.e Ordinance
of the Town of Southold, New'York,
public hearings will be held by the
Zoning Board of Appeals at the Town
Office, Main Road, Southold, New
York on Wednesday, September 15,
1976, on the following appeals:
7:30P.M. (E.D.S.T.) upon applica- .
tion of 51. Peter's Lutheran Church,
Main Road and Chapel Lane, Green-
port; New York (San Simeon by the
Sea) for . a special exception in
accordance with the Zoning .ordi-
nance, Article III, Section 100-30 &
Bulk Schedule and requirements of
"M-l ,. and "B" zones for permission
to erect and maintain multiple dwell-
ing complex including self-contained
dwellings and dormitory-type dwell-
ing units. Location of property: Main
Road, Chapel Lane, and CR27,
bounded on the north by CR27 and A.
Shames anti others; east by Village of
Greenport, south by Main Road
(Route 2S); west by Chapel Lane.
7:45P.M. (E.D.S.T.) upon applica-
tion of St. Peter's LlItheran Church,
Main Road and Chapel Lane, Green-
port, New YC!rk (San Simeon by the
Sea) for a variance in accordance with
the Zoning Ordinance, Article III,
Section 100-30.& Bulk Schedule and
requirements of "M-l" and "B"
zones for permission to reduce set-
back on huilding #74 on the site plan
of San Simeon by the Sound. Location
of property: Main Road, Chapel
Lane, and CR27, bounded on north by
CR27 and A. Shames and others; east
hy Village of Greenport, south by
Main Road (Route 25); west by
Chapel Lane.
7:SS P.M. (E.D.S.T.) - variance for
permission to reduce setback on
building #40, site plan of San Simeon
by the Sound.
8:00 P.M. (E.D.S.T.) - variance for
permission to reduce setback on
building #27, site plan of San Simeon
by the Sound.
8:0S P.M. (E.D.S.T.) - variance for
permission to reduce setback on
building #75, .site plan of San Simeon
hy the Sound.
8:10 P.M. (E.D.S.T.) - variance for
permission to reduce setback on
Building #42, site plan of San Simeon
by the Sound.
8:15 P.M. (E.D.S.T.) - variance for
permission to reduce setback on
Building #10, site plan of San Simeon
by the Sound.
8:20 P.M. (E.n.S.T.) - variance for
permission to reduce setback on
Building #15, site plan of San Simeon
by the Sound.
8:25 P.M. (E.D.S.T.) - variance for
permission to reduce setback on
COUNTY OF SUFFOLK l ss:
STATE OF NEW YORK I
Sherley Katz, being duly sworn, says that she is an
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a publ ic newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Lo,ng Island Traveler-Watch.
I
man ance each week for ......L.............................. weeks
succesSiveIYpco:me;;;;g on the ...:1....::.............................
day of ..../.J!jii.1'f:.......,..............., 19..11.:....
_....~b.~~...........!44.........
/)t=~:~~
this ........./(?........ day 0>
19....)..(,.
............._.......L&JLQ~~~
/ Notary Publ1c
,
,
,
ETHEl PALLADINO
NOTARY PUBLIC, State of New York
No. 52-4628953
Qualified in Suffolk County
Commission Expires March 30, 1978
8:30 P.M. (E.D.S.T.) - variance for
permission . to reduce setback on
Building #32. site plan of San Simeon
by the Sound.
8:35 P.M. (E.D.S.T.) - variance for
permission to reduce setback on
Building #26, site plan of San Simeon
by the So.und,
8:40P.M. (E.D.S.T.) upon applica-
tion of St. Peter.'s Lutheran Church,
Main Road and Chapel Lane, Green-
port, New York (San Simeon by the
Sound) for a variance in accordance
with. the Zoning Ordinance, Article
III, Section 100-30 & Bulk Schedule
and requirements of "M-l" and "B"
zones for permis~ion to locate parking
in front;y~~d area for Buildings #27,
28, and 15, site plan of San Simeon by
the Sound. Location of property:
Main Road, Chapel Lane, and CR27,
bounded on north by CR27 and A.
Shames and others; eastby Village of
Greenport; south by Main Road; west
by Chapel Lane.
8:45 P.M. (E.D.S.T.). variance for
permission to "locate parking in front
yard area for Buildings #1, 2, 3; 4, 5
and 0, site plan of San Simeon by the
Sound.
8:50 P.M. (E.D.S.T.) - variance. for
permission to locate parking in front
yard area for Buildings #25, 22, 23.
15, 14and 21. site plari of San Simeon
by the Sound.
8:55 P.M. (E.D.S.T.). variance for
permission to locate parking in front
yard area for Buildings #34, 29. 33.
31. 55,56,57,58 and 61, site plan of
San Simeon by the Sound.
9:00 P.M. (E.D.S.T,). variance for
permission to locate parking in front
yard area for Buildings #24 and 26.
site plan of San Simeon by the Sound.
9:05 P~M. (E.D.S.T.) - vari.nce for
permission to locate parking in front
yard area for Buildings #41. 42, 45
and 40, site plan of San Simeon by the
Sound.
9:10 P.M. (E.D.S.T.) - variance for
permission to locate parking in front
yard area for Buildings #71, 72, -66,
67. 70and 6Q, site plan of San Simeon
by the Sound.
9:15 P.M. (E.n.S.T.)" variance for
permission to locate parking in front
yard area for residents of the Inn. site.
plan of San Simeon by the Sound.
Any person de.siring to be heard on
the above Appeals should appear at
the time and place above specified.
Dated: September 3. 1976
.BY ORDER OF
THE SOUTH OLD
TOWN BOARD OF
APPEALS
IT-9/9
. ..
ALL CHURCHES that operate a trade or l
business that isn't related to their religious
or' charitable functions are subject to taxes i
on that .income, effective this year. The 1969 '
3 Tax Reform Act extended the tax to church-
~ owned businesses, but permitted a "j;race
period" for those already in existence.
I- That- grace period expired last Dec. 31. And /
S as churches become subject to the tax, it'
also becomes important for them to keep-r
good records, the IRS warns.
.
-
"' -
.~LL CHCRCHES that operate a trade or ~
bu,smes~ that isn't related to their religious
or chantahle functions are subject to taxes I
on that income. effective this year. The 1969 I
~ Tax Reform Act extended the tax to church-
~ oWf.1ed"businesses, but permitted a "J;race<-
t- perIt?d for those already in existence.
s That grace period expired last Dec. 31. And V
" as churches become subje'ct to the tax it'
also becomes important for them to k~ep"l
good records. the IRS warns. .
~ " .
-<.-}
\
~OWN OF SOUTHOLD, NEW YORK 0
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. 2107
DATE ...~..3......1.9.7.6..
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTH OLD, N. Y.
1, (We)S:\;..... ~l'!:\;.~;r;'.~.~.. klJ..t:tle.:r.alJ... Ohur.ch... of .. .Main ..B.aad.. and...Chape1.. Lane ...... .......
Nome of Appelloot Street and Number
...................................<f.:r:~.~~~~~......................... ............
Municipality
,.W.~.W..XR.r.!\:.......HE&EBY APPEAL TO
. State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BlJlLDING INSPECTOR ON
::~~~::I~:EF:: I ::~:~TI :~E~;~~..~~.~.I.~~ ..;~..... DATED .........1..~..;...3././.72.?.....
Nome of Applicant for permit
of
.. "'St~'~~t'~~d'N~~b~;"""'''''''''''''''''' .MC~.i.~.i~~iity...... ......... .....St~t~.......................
(x) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( )
1. LOCATION OF THE PROPERTYJ:J:a;J;'.t.:tl.Jl,R.!1.Q..,...~;i.1.l...Ro.aQ...~...Qlli\p.f;ll..kalJ.~.....N:::1...JW.d B
Sheet Use District on Zoning Map
............................................................ ~.~~.~.Il~.()J:".t
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article 3. Section 100-)0 & bulk schedule as anproved M-1 and B
3. TYPE OF APPEAL Appeal is made herewith for
(x) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cans. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (hllrs) (has not) been made with respect td this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
) request for a variance
and was made in Appeal No. ................................Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(x) A Variance to the Zoning Ordinance
( )
is requested for the reason that See back side
Form ZBl
(Continue on other side)
,",'.
"k
.;
,.
REASON FOR APPEAL
o
o
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sory HARDSH'IP because of the existing topo and poor drainage. Terracing
of the land must be done to allow for road and bUildings. Because of
,
this we cannot keep all set back requirements and request relief for
building 74. ~n \~dit'ion, front yard parking will be required in
limited locations. Due to the steep grade and poor drainage, we
request relief for length of buildings.
------
Buildings have been joined
~n :ci:~' ~~nCl0~:..j
~.'l~.5~'C.
~
35
together to allow for flow between ~uildi
{ )
2. The hardship created is UNIQUE and is not shared by 011 properties alike in the immediate
vicinity of this property and in this use district because of the t opo and the poor
drainage capability of the soil.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because all proposed construction is permitted
in the use district M-1 and B. All construction must and will comply
to local, state and county requirements.
STATE OF NEW YORK )
c ) ss
COUNTY OF ':::>VFfuLK. )
1k:~W;J)drmmm.
Signature
Sworn to this ..................1C)~................. day Of.........fkt~~r........................... 191Z6
....CZ&JQ~~;bi~d'l.m.
ROBERT JAMES WIESEHAHN
NOTARY PUBLIC, State of New York
No. 52.4612739
Qualified in Suffolk County
Commission Expires March 30, 19]J
~L~
~~~ r,'
~ \'\~
Memorandum from. . . .
Southold Town Board of Appeals
TOWN HALL, SOUTHOLD, N.Y. 11971
765-1809
Date: 1/30/86
Judith T. Terry, Town Clerk
Public Records Access Officer
Board of Appeals
Dear Judy:
To:
From:
Please find attached 71 photostat copies
from our files concerning St. Peter's
Lutheran Church which have been requested
by Pastor Ettlemeyer.
Since it is not within our authority to
waive the town costs for same, we have
asked Pastor Ettlemeyer to obtain the
copies through your office since if it
is necessary to pay for same, a receipt
would be made through your office.
Thank you.
1 k
--
(;
Southold Town Board of Appeals
SOUTH OLD, L. I., N. Y. 11971
T d ephone 765-2660
APPEAL BOARD
MEMBERS
Robert W. Gillispie, Jr., Ch"irm4n
Robert Bergen
Chenlcs Grigonis, Jr.
Serge Doyen, Jr.
Fred Hulse, Jr.
M I NUT E S
Southold Town Board of Appeals
September 15, 1976
A special meeting of the Southold Town Board of Appeals
was held at 7:30 P.M. (E.D.S.T.), Wednesday, September 15,
1976, at the Town Office, Main Road, Southold, New York.
There were present: Messrs: Robert W. Gillispie, Jr.,
Chairman-; Robert Bergen; Fred Hulse, Jr.; Serge DOYl;!n, Jr.
Also present: Sam Campbell, Suffolk Weekly Times; Sherley
Katz, Long Island Traveler-Mattituck Watchman.
()
PUBLIC HEARING: Appeal No. 2108 - 7:35 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church, Main Road and
Chapel Lane, Greenport, New York (San Simeon by the Sea) for a
special exception in accordance with the Zoning Ordinance, Arti-
cle III, Section 100-30 and Bulk Schedule and requirements of
"M-l" and "B" zones for permission to erect and maintain multiple
dwelling complex including self-contained dwellings and dormitory
type dwelling units. Location of property: Main Road, Chapel
Lane, and CR27, bounded on the north by CR27 and A. Shames and
others; east by Village of Greenport; south by Main Road (Route
25); west by Chapel Lane.
c
The Chairman opened the hearing by reading the application
for a special exception, legal notice of hearing, affidavits
attesting to its publication in the official newspapers, and
notice to the applicant. The Chairman also read statement from
the Town Clerk that notification by certified mail had been made
to: Eastern Suffolk Nursing Home; Village of Greenport.
THE CHAIRMAN: I might say that this project has been under
study for well over a year as far as the several boards of the
Town of Southold are concerned and this is the culmination. I
think I will read into the record a statement concerning St. Peter's
Evangelical Lutheran Church of Greenport, New York, submitted June
9, 1976:
Southold Town Board of Appeals
-2-
September 15, 1976
(
"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 domiciliary facility housing approximately 84 persons, as an
adult home. '
2. The purpose of this project is to provide, below market
cost, 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, w:ill
be subsidized by the sponsor, the St. Peter's Lutheran Church.
To this end the congregation has already received through be-
quests and fund-raising activities approx. $300,000 earmarked
for this project. In addition, the land which is presently owned
by the Church, and which will be used for this project, is ap-
praised at $650,000.
(
4. This proposed project will be operated entirely for
charitable purposes. Rents and/or maintainence 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.
L
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
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 purpose of existence. Otherwise,
the land lies vacant, of no use to anyone.
Southold Town Board of Appeals
-3-
September 15, 1976
(
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 proper~y 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 Mics 2d 312, 166 N.Y.S. 2d 198, see 4 Op Counsel SBEA
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. Cou-sel 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 peCll=
niary profit for any organization nor for any of its
members or employees. Its only purpose, as set forth
previously, is entirely charitable and benevolent in
nature and in pursuance of what we believe to be God's
work on earth.
7. Reference is made to SOp. Counsel SBEA No.9, wherein
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 non-
profit organitation organized for charitable purposes
depends on whether or not the project is used exclusively
for such purposes...'
L'
We believe that the local assessor, when investigating the actual
Southold Town Board of Appeals
-4-
September 15, 1976
(
use of the prope:ty, will satisfy himself that our p~oposed use
of the property lS a necessary and integral part in carrying out
the o~erall corporate purposes, and, more specifically, the
ca:rYln~ out a~d ~orwardance of our work in Social Ministry, in
thls case, Chrlstlan compassion and helpfulness to the aged.,
8. Based upon the facts and other information set forth
above, we hereby request of the State Board of Equalization and
Assessm~nt ~n opinion,as to the taxable status of the real prop-
erty whlch lS the subJect of the foregoing."
Respectfully submitted,
ST. PETER'S EVANGELICAL LUTHERAN
CHURCH OF GREENPORT, N.Y.
The tax exemption appears to be one of the things in con-
nection with this project that has concerned a lot of people. -
The State Board of Equalization replied to Mr. Tasker's letter,
which I guess enclosed Rev. Coleman's letter, Mr. Tasker being
the Town Attorney.
(
(The Chairman read the letter from the State Board of
Equalization and Assessment to Robert Tasker, Esq.,
dated July 13, 1976.)
Attached to this letter are a number of opinions and re-
search they have done in the past on this problem. One of the
key paragraphs is:
"The first requirement of this statute then, is -Qh.at 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 is any (Great Neck
Section, etc. v. Board of Assessors, 21 Misc.2d 142, 189
N.Y.S.2d 623; Goodwill Club of Amsterdam, New York v. City
of Amsterdam, 31 Misc.2d 1096, 222 N.Y.S.2d 896). 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,"
l\
That problem was discussed between the Planning Board, the
Board of Appeals, and the Town Attorney on several occasions
and r have discussed it with some other people outside the Town.
One of the things that outsiders have suggested is that part of
the property be made taxable, and since this application doesn't
cover all of the property, it's possible that might be used in
Southold Town Board of Appeals
-5-
September 15, 1976
(
consideration. This is a letter that Rev. Coleman wrote on
August 26, 1976, to the Planning Board:
"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 ap-
plicable 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 fur~
nishing 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 truly yours,
/s/ Reverend William A. Coleman
Was this letter prepared by the Town Attorney? Because
that isn't exactly what the Town Attorney's letter said, right?
REV. COLEMAN: No, it is not exactly what he said. On
the advise of our attorney, we wrote this letter.
ROBERT BERGEN: You didn't commit yourself to anything.
REV. COLEMAN: Since we are not taxable ...
ROBERT BERGEN: You could contribute $5.00.
c
REV. COLEMAN: Right, but we cannot be
going to speak, I'll let my attorney speak.
THE CHAIRMAN: I jotted down, after having the letter read
to me by the Town Attorney's secretary this afternoon, what I
. . .
well, I'm not
Southold Town Board of Appeals
-6-
September 15, 1976
(
thought she said. It is not the intention of the applicant ~o
avoid payments in support of fire, police, lighting, etc. and
other services furnished by the Town of Southold. This is just
the jist of it. Accordingly, and in spite of apparent tax exemp-
tion, it is the intention of the applicant to pay to the Town
of Southold a proportionate annual share of these Town expenses,
as determined by the Town Tax Assessor. I don't know whether he
had that last in the letter or not.
REV. COLEMAN: Yes, he did have it last.
THE CHAIRMAN: But your letter, with the help of your
lawyer, is a little different.
REV. COLEMAN: Just with the omission of, I think, the
last sentence, and with the idea of payments, I think it was
payments or contributions. Since we will be tax exemptable,~
the way we see it, if the assessors say so, they cannot be
payments, they have to be contributions. In talking with the
local assessors, it came to our attention, too, that the pro-
ject cannot be partially taxed. It is either going to be tax
exempt or taxable after it is constructed, and to show our good
faith, if we are tax exempt, we would make contributions for
those services rendered as enumerated in the letter that I sent.
(
THE CHAIRMAN: But there is no obligation.
REV. COLEMAN: There would be no obligation anyway.
THE CHAIRMAN: Your point is that there could be no obli~
gat ion if the wh~le project is fully tax exempt.
REV. COLEMAN: There are other tax-exempt projects in the
Town that are under no obligation right now to make any contri-
bution at all. What we are doing is now probably the first time
any possibly tax-exempt organization is stating in a letter that
they would be willing to pick up a proportionate share of those
services that they use.
THE CHAIRMAN: The information I got about a Presbyterian
elderly home in New Jersey was,. part of their operation was left
on the tax rolls. Now, it is conceivable this could be done with
your operation. You have an administrative building and you're
going to have boarders there and guests ...
REV. COLEMAN: Again, the local assessor would determine ...
THE CHAIRMAN: Well, it mayor may not be correct, I don't
think we should go into it too much at this time.
L;
REV. COLEMAN: What we are talking about is if we are tax
exempt. If we are not tax exempt, then the question is already
Southold Town Board of Appeals
-7-
September 15, 1976
c
answered. If we are tax exempt, then what we want to do is we
want to make contributions for those services rendered.
THE CHAIRMAN: But you see, part of your property could be
tax exempt, and, say, five acres could be taxable.
REV. COLEMAN: The assessors would have to set that up.
It's according to how we use it that determines whether we would
be tax exempt or not.
THE CHAIRMAN: It should be brought but here, I think, that
the remaining property is going to be used for an administration
building and a pool, right?
GEORGE KOCH: That's in the total acreage now.
REV. COLEMAN: We have it divided into three sections
according to what the Planning Board has asked for.
THE CHAIRMAN: With the "B" zone here.
REV. COLEMAN: Right.
(
THE CHAIRMAN: This is a letter from John Wickham, the
Chairman of the Planning Board:
(The Chairman read the August 31, 1976, letter from Mr.
Wickham to the Board of Appeals and also the letter
from the Planning Board to George Koch, dated August
31, 1976, which contained their resolution.)
The point I was trying to bring out here for the infor-
mation of the people here in order to try and understand this
project as we go along. The inn - which, incidentally, there's
one error in the overall procedure that I discovered this after-
noon. You need a variance for the length of the inn. That ex-
ceeds the length in the Ordinance. So whatever we do here will
have to be subject to that being applied for.
GEORGE KOCH: The original application, which is still on
file, applied for a length of building variance.
l'
THE CHAIRMAN: Yes, but it wasn't advertised. The inn
will house 84 people and consist of bedrooms and bathrooms with
no cooking facilities. It's for motel-type use. "84 single bed-
rooms. It's attached to a restaurant and in order to provide
easy access to the restaurant, from one building to another
during the winter months, a covered corridor is provided between
these buildings. This seemed like a very good idea to every-
body I talked to about this. The elderly people will be able
to walk from their room in that facility to the restaurant.
Southeld Town Board of Appeals
-8-
September 15, 1976
(
While we are on the subject of the restaurant, it is solely for
the use of the residents of this whole complex.
GEORGE KOCH: That's correct.
THE CHAIRMAN: This is not a public restaurant. The houses
are located so that there is a minimum of traffic and a maximum
of open space, which is another reason for the vast number of var-
iances which the applicant has had to apply for. But in planning
this, the Planning Board thought that it was better to have this
type of plan than to have a grid-type layout. This provides more
open space and concentrates the parking in how many parking lots?
GEORGE KOCH: I don't have the exact number.
THE CHAIRMAN: 7 or 8. There's adequate parking. In some
cases there's a slight walk to the parking space, but each
dwelling unit will have a designated parking space.
Continuing with this, we have a memorandum here, getting
back to tile taxable status, from the Town Attorney tp several
Board Chairmen in the Town:
(
(The Chairman read the letter dated July 19, 1976,
from the ~own Attorney.)
The variances that have been applied for here concern
themselves solely with parking and front yard setbacks in order
to create this open space atmosphere. There is no variance re-
quested for the parking by the restaurant. There will be a var-
iance for the length of the building.
I'm ready now to hear from anybody who wishes to speak for
this application. There are a lot of things the Boards do not
understand about the project, maybe whoever speaks for the Church
can clarify it. Things such as residency requirements, sectarian
requirements if any, would it be non-sectarian, etc.
REV. COLEMAN: Mr. Pearson has a statement he would like to
read, but I don't know if it will answer the questions yeu are
asking. Maybe he can read this and then you can direct some ques-
tions to us.
HENRY PEARSON: I won't read the entire statement because
it would be.repetitious to a number of things you've already put
into the record, but I'd like to mention a few things I think
would be on the positive side of the project. It's easier if I
read. this.
L
"To this end the Church will subsidize this project, and it
will be operated entirely for charitable purposes. It will, however,
Southold Town Board of Appeals
-9-
September 15, 1976
(
not compete with any local nursing homes or homes for the elderly,
but, it is proposed, will work in harmonious relationship with
the neighboring Health-related facility. It will not be in direct
competition with them, but, together, they will provide a complete
spectrum of health care for those elderly persons residing with-
in San Simeon and said neighboring H.R.F."
THE CHAIRMAN: I think you should make that a little clearer.
You're not going to compete with the Nursing Home. There's sort
of a continuous flow from unit living to domiciliary living to in-
tensive, not intensive care, but ...
HENRY PEARSON, ESQ.: It takes the spectrum from when you
first want to.give up your home and take things a little easier
to when you need more and more care, when you would then go from
our project possibly to the adjoining Health-related facility.
THE CHAIRMAN: I've heard people say that the State of New
York has encouraged this type of facility arrangement.
(
REV. COLEMAN: That's right. The State recognizes four
levels of care, and what we see is we already have two levels of
care being provided for residents of the community, and doing a
very fine job, having had the facility checked out because we were
concerned about our relationship with them. We will be having a
relationship with a very fine facility, the ratings that the Health-
related facility that Mr. Salamone and the Nursing Home that he
operates have received the top-notch ratings. Even though he is
not here tonight, I think I can say this, you can check if you
wish, that he is very much in favor of our project because he ~ees
it as a real addition to what he's trying to do in serving the needs
of people and that in no way would we be competing with him. One
day he said to me, "You know, there are some people who are in the
Health-related facility here who really don't have to be here. If
we only had a domiciliary facility we could transfer them out and
give the needed care to those who really had the need for it."
HENRY PEARSON, ESQ.: If I may interrupt, we are being
pressed by the State at the present time for people to be put
into something that is more suited to their abilities, not in
a facility providing higher care than they require in their pre-
sent state of physical abilities.
REV. COLEMAN: Mr. Pearson's expertise is not only in the
law, but he also represents the Presbyterian Home which has a
number of levels of care in Syosset.
c.
THE CHAIRMAN: He probably
tioned in New Jersey than I do.
made here is that, according to
knows more about the one I men-
One other point that might be
all the information I could get,
Southold Town Board of Appeals
-10-
September 15, 1976
(
the projects that have been planned by HUD have been uniformly
unsuccessful. The one that I've seen in Islip which apparently
was financed by HUD, it's about the same type of facility that
you're proposing here. Being partly financed, they have a limi-
tation on the amound of rent and also the amount of income you
can have, you couldn't own any property in the Town of Islip and
live in this place.
(The Chairman then further discussed the facility in Islip.)
Go ahead, I just wanted to throw that in.
(
HENRY PEARSON, ESQ.: I beg your indulgence in reading it,
but I think it would be better for the record this way. "Your
petitioner, through its officers and Board, has made a study of
the situation confronting elderly persons, Lutheran and otherwise,
who wish to remain and continue living in and about Southold.
These senior citizens are, in most instances, caught in a squeeze
between rising cost of living and, at the same time, reduced in-
come by reason of retirement. If they choose to retire and remain
on Long Island, they face possibly a drastically reduced standard
of living if they keep their present abodes. Our proposed retire-
ment community will offer to these people who, in many instances,
have lived a lifetime here, an opportunity to remain in the area,
near friends or relatives, at a cost of housing that they can bet-
ter afford than commercial apartments or the like.
Another consideration voiced by elderly citizens is this:
'What about the availability of health care, in emergencies and
otherwise?' Residence in San Simeon will relieve that burden 'of
worry, for medical help will be immediately available at all times."
We found that to be a considerable worry of folks that live alone,
if they suffer a sudden stroke or are otherwise taken ill, there
are no medical facilities available.
THE CHAIRMAN: You made a point just before that one, that
you will furnish facilities that people can more readily afford.
Would you elaborate on that a little bit, explain why they would
be able to more readily afford these facilities?
HENRY PEARSON, ESQ.: Because the profit factor would be
eliminated. The rents will be set strictly on a basis of what-
ever is needed to carry the project. It will be subsidized by
the Church and Church organizations. The rent will be set so
there's no profit being made.
c'
THE CHAIRMAN: How wide a Church backing have you got?
For the people of Greenport this is a tremendous project, you
could start to run a big deficit. Do you have additional backing
outside the Church?
Southold Town Board of Appeals
-11-
September 15, 1976
(
REV. COLEMAN: No, individuals have given us donations and
we hope to receive more. The entire project is owned by the local
parishioners. The whole thing, to this point, has been put to-
gether by this congregation.
THE CHAIRMAN: Please continue, I'm just trying to bring out
these points as we go along.
HENRY PEARSON, ESQ.: "Other needs of residents of San Simeon
will be fulfilled: recreation, spiritual care, social well-being,
perhaps counselling, if needed, and other concerns of us all,
elderly or not, will be ministered to, through professional and/or
voluntary services, am through the Committee on Social Ministry of
the Church, The purpose of this committee is to extend Christian
compassion, helpfulness and ministry to those in need of help,
which, in the matter at hand, we, the petitioners see it as our
Christian duty to aid the aged of limited income to live thejr de-
clining years in comfort and security. We believe that since we
have been privileged by God to become the owners of this land, it
should be put to use by the congregation in some manner that would
advance the social ministry of the Church, that is, to minister to
those needing aid and comfort. Otherwise, the land lies vacant,
of no use to anyone.
c.
We beliave that the proposed retirement complex will he an
asset to the community in building, for it will utilize local
labor and materials, and in its operation, for it will purchase
supplies and material locally. Of course, it will be one of the
largest employers in the immediate area, as well, and will be
able to offer steady, year-round, part and full time positions for
men and women of the area."
THE CHAIRMAN: What would be the employment figure?
HENRY PEARSON: I myself don't have that information, but
I guess it would be comparable to
REV. COLEMAN: Comparable to the Nursing Home.
THE CHAIRMAN: I don't know how many are there.
REV. COLEMAN: About 40. But they have round-the-clock
nursing care, so I wouldn't know exactly how much.
THE CHAIRMAN: Between 40 and 50?
REV. COLEMAN: Yes, I'd say so.
THE CHAIRMAN: At how much a year?
<...'
REV. COLEMAN: I don't know.
Southold Town Board of Appeals
-12-
September 15, 1976
(
THE CHAIRMAN: Well, you '.11 find out when you go to hire
somebody.
HENRY PEARSON, ESQ.: We can't estimate that at this time,
we'll just break it down, but of course
REV. COLEMAN: You see, what we're going to do, we're not
going to begin with the inn, which will be probably the biggest
employer because there you will be providing meals and 24 hour
a day supervisory care. We're going to begin with the co~tages
because that's where our greatest need is in terms of requests.
There we are going to need maintanence people.
THE .CHAIRMAN: You'll need somebody to collect.the rent, too..
(
REV. COLEMAN: Well, I'm sure we'll have volunteers for that.
I mentioned this to the Planning Board, and I think you might be
interested too, that the German Festival that was run by St. Peter's
Lutheran Church grossed close to $28,000 and over $12,000 was netted,
and every single penny of that was put towards this project, with
matching funds for every part of it coming, we hope,. from the Luth-
eran Insurance Company as a benevolent gift. It's not just the
money, but probably the tens of thousands of dollars that people
have contributed, not only members of the Church, but also friends
in the communrty. It shows that not only the congretation, but
other people who see a need for this, are behind us. So this is
not my dream or the dream of a few individuals, but I think what
we see is the congregation stands firmly behind this project, is
committed to it, and has not only put its resources in terms of
dollars on the line, but has put a great deal of hours into it as
well.
THE CHAIRMAN: Getting back to how you can furnish housing
cheaper than other people can, for one you eliminate the profit
motive. You eliminate a large portion of taxes and this would
be a good place to say that the bulk of our taxes are school taxes,
about 60%.of our real estate taxes are school taxes. About 20%,
I guess, is Town taxes. So when you talk about contributing
toward police, lighting and other services supplied by the Town,
you're talking about contributing 15 or 20% of what the property
would normally be taxed at. If you have 150 residences and each
one is taxed at $1,000 a year, th~'s $150,000. What you're talking
about is 20% of that.
L
REV. COLEMAN: There was one other thing that I wanted to
mention. Some of the figures that we've gotten from the Federal
government as to what, besides'providing employment, a project
like: this will do for the community. They figure 100 residences
produces in the community in terms of money spent for services,
food and so on, $1,000,000 a year for each 100 units.
Southold Town Board of Appeals
-13-
September 15, 1976
(
THE CHAIRMAN: It might also
buy water and perhaps electricity
and pay for sewage.
be said that you propose to
from the Village of Greenport
REV. COLEMAN: The Church already pays for all those services.
THE CHAIRMAN: Is there anyone else who would like to speak
for this application?
(There was no response.)
REV. COLEMAN: I would just like to say that the ones I see
here, by their silence they're speaking for it.
THE CHAIRMAN: Is there anyone present who wishes to speak
against it?
SHERLEY KATZ: Sir, I don't want to speak against it, I
would like to ask a question though. You mentioned medical help
available at all times. Are you saying that there will be a med-
ical staff on the premises?
REV. COLEMAN: No, we will contract with a doctor.
c.
THE CHAIRMAN: Part of the administration building may be
doctors' offices, correct?
REV. COLEMAN: No so much in the administration building, I
think we have provided in the design of the inn a medical examina-
tion room so a doctor could corne in there and treat people, rather
then have people go out, maybe we could have a doctor corne in and
spend one day a week there or something like that. We also p~o-
vided a dentist's office. Again, it's just providing a conven~
ience for the people. They would also have a right to have their
own physician, they don't have to go to the doctor we provide.
THE CHAIRMAN: There are several parts of this I think we
should inquire about. How will you determine, financially, who
enters this? I would assume that a lot of people would want to
enter it.
L
REV. COLEMAN: In all the applications we've seen from going
to facilities of this kind, they've all asked for financial dis-
closure, confidential financial disclosure. Using actuarial tables,
what we'll try to do is, with the projections we can make with the
best business advise possible, is to try to provide housing for
those who we think would be able to carry it. Not just carry it,
but also realizing what resourced we have at our disposal to sub-
sidize these people when, for example, they do deplete their own
resources. We already have estahlished an endowment fund which I
think is between $3,000 and $4,000 of gifts that are specifically
designated for rent subsidies on people who, for example, might
Southold Town Board of Appeals
-14-
September 15, 1976
(
live beyond their actuarial life expectancy and who just might,
because of the cost of utilities and whatever, just become poverty
stricken. I think again, that the people we want to deal with
are those who have always prided themselves on paying their bills
and we will just try, in a very, very quite way, to tell them that
everything is taken care of. I think we have the right to do this
because we already do it in the congregation. For those who have
financial'problems and need help, the congregation has funds to
help them, not only missions on the other side of the world, but
to our own people, not just members of the parish but needy people
in the community. I think we have a very fine record, as our
church budget shows, for this particular kind of work.
THE CHAIRMAN: I don't mean to quibble, but you have mentioned
a figure' of several thousand dollars which could be used for
granting subsidies. Assume you have 30 or 40 units, when you get
them all built, that's 150 dwelling units at around $40,000 a
piece. I don't think you can build them for less. Of course,
that wouldn't apply to the 84 motel units.
GOERGE KOCH:' The entire complex, the inn, wil~ probably
cost about $1,000,000.
(
THE CHAIRMAN: Well, 84 units at $10,000 would be $84q000,
so you figure. you can build them at about $12,000?
GEORGE KOCH: Something like that.
THE CHAIRMAN: I assume you think that my figure is high
on the cottages. Alright, let's make it $30,000, that's what
it cost five years ago. 150 units at $30,000 would be $4,500,000
plus $1,000,000 for this motel unit and $1,000,000 for site,im-
provement?
GEORGE KOCH: Yes. The whole thing will cost, roughly,
$7,000,000.
THE CHAIRMAN: Divide that by... what do you figure you're
going to have to charge for rent? The old rule of thumb, it's
no longer any good, used to be 1% a month if you were going to
rent something.
HENRY PEARSON, ESQ.: Once again, it will be on a break
even basis, and also, obviously, it will not be built on cash,
it will be built on mortgage money which will be privately fi-
nanced. Therefore, the rent will be a function of the expenses
in operating the place plus the interest we'll have to pay on
th~ mortgages.
L
the
son
THE CHAIRMAN: You have this $200,000 on hand, plus
land is, which gives you security for the mortgage.
going into this would make a one-time contribution?
whatever
A per-
Southold Town Board of Appeals
-15-
September 15, 1976
(
REV. COLEMAN: Again, we haven't really set that up yet.
We've just explored different ways of doing it.
THE CHAIRMAN: I was just trying to get at, and I think
this Board should know, some of the criteria you're going to use.
Presumably, Lutherans you will consider first, right, since this
is a Lutheran Church project, but it will be Don-secterian?
REV. COLEMAN: Yes. It usually breaks down,. if I can use
a rule of thumb from what I've heard of other facilities, it
usually breaks down to about a 60 - 40 kind of ratio.
THE CHAIRMAN: 60% Lutheran and 40% other?
REV. COLEMAN: Yes, and that's not because quotas have been
set, that's only from what I hear about other projects. Because,
obviously, if you're the sponsoring denomination, or community,
people happen to hear about it through publications and so on. For
example, we've gotten letters, because Newsday has written an art-
icle about it, from people saying, "I'm a Lutheran, etc., etc.,
and that's why I'm writing to you because I'd like to be in a
Lutheran sponsored project."
,(
ROBERT BERGEN: In other words, regardless of where they
live, if they...
l.'
REV. COLEMAN: We're going to have an Admissions Committee.
I've gotten letters, sad, touching letters from people who live
in five-story walk-ups in Manhattan, because the Daily News ran
something on this, they picked it up from our local paper. I'
think what we're trying to do here, again, is develope the commun-
ity too, and we're not going to provide psychiatric service and
adjustment councelling to people who have lived their whole lives
in one environment and, in our opinion, cannot make the adjust-
ment to live here. I think what we're really talking about is
people, quite frankly, who have lived on Long Island all their
lives, who love Long Island, and would like to stay on Long Is-
land. We're not going to advertise this in California, we're not
really advertising this in New York City, I don't think we have
the need to. From the little bit of information that has gone
out on this, the .little bit of publicity we've had ... you can't
judge how many people are going to come in by the number of let-
ters you've had inquiring, but ohviously it says, if not:hing else,
that there is a need for this ki~d of housing for elderly people.
Also, I think a lot of people feel very good about the fact
that the Lutheran Church is sponsoring it because the Lutheran
Church has had a very fine record, not only in this community but
I think in other communities as well, when they do something, they
do it right and they stand behind the project and operate it in
a very fine manner.
Southold Town Board of Appeals
-16-
September 15, 1976
(
THE CHAIRMAN: You'll generate some of your own finances
assuming that you start out with, say, 10 units. Presumably,
each one of those 10 or 12 that come in, maybe not all of them,
but most of them will put down ten, fifteen, or twenty thousand
dollars.
REV. COLEMAN: If that's the way we decide to do it.
THE CHAIRMAN: I don't know how else you could raise the
money.
HENRY PEARSON, ESQ.: We're exploring that possibility
along with selling building bonds or notes to the public, pre-
sumably Lutherans, but also to anyone who cares to buy them as
an investment, which we would clear with the S.E.C. and the
Attorney General.
THE CHAIRMAN: But if a person could go in there with that
much money, is it likely that they'd have enough income to sup-
port your rent? We never have gotten a ground figure, which
might be $200, $300 or more, I don't know.
(
REV. COLEMAN: I think what Mr. Pearson is saying is we
have to be able to pay our bills without making a profit. That's
what we're going to do and whatever that bottom line comes out to,
I think it's obvious that it's going to be lower than the market
of commercial housing because, first of all, we're not making a
profit, we'll probably have a lot of services, well I can't say
we'll have services donated, but we've had a lot of services do-
nated up to this point in putting the project together. It ha's
to be cheaper than what someone else who wanted to do the same
thing would have to charge.
HENRY PEARSON, ESQ.: By the same token, it obviously can't
be for nothing.
THE CHAIRMAN:
what would happen if
whole thing, and the
that.happen before.
One of our obligations here is to consider
you people fail. We'd be left with this
Lutheran Church could sell it. We've had
HENRY PEARSON, ESQ.: We'll have to work it so that it will
carry itself.
THE CHAIRMAN: .You can't build anything until you make all
the site improvements, is that correct?
(,\
GEORGE KOCH: We're studying the possibility of doing this
in stages without all the site improvements, starting at the sewer
and working our way back into the site as we go along. You will
not get the exposure of $7,000,000 initially.
Southold Town Board of Appeals
-17-
September 15, 1976
(
THE CHAIRMAN: The $1,000,000 plus for site improvement,
you won't get that initially, in full.
GEORGE KOCH: Nor will you get the inn, which we talked
about before.
THE CHAIfu~: And I suppose you really can't tell how
long this will take to build.
Is there anyone else who wishes to speak for this appli-
cation? Are there anyone questions?
WILLIAM BUESCHEL: In view of the popularity of places
such as Leisure Village and Leisure Knolls and the places in
Jersey and several others that come to mind, there seems to be
a pretty good prognosis for this sort of venture.
THE CHAIRMAN: I've been to Leisure Village several times
and talked to them and been all through it and it's a very suc-
cessful project, .but it's a profit-making organization. They
get certain cost economies due to the fact that they have this
community approach to everything.
(The Chairman discussed the facilities at Leisure Village.)
c.
That's something I ment to ask you, will it be a cor-
poration that runs this?
REV. COLEMAN: St. Peter's Church.
THE CHAIRMAN: I see.
(The Chairman again discussed Leisure Village.)
HENRY PEARSON, ESQ.: I think what you're saying is that
there's more money to be invested in those projects, but that is
not necessarily untrue of the people who will come into San
Simeon. .
THE CHAIRMAN: That's why I was trying to get some idea of
what the criteria will be for entrance. I think the Board has to
have an idea, it's conceivable that this could be so far out in
left field that the Board, in it's own good jugdment, should turn
it down. We have turned down applications.here, even though we're
not engineers, because they just didn't look sensible, which is
one of the reasons why I'm asking all these questions.
l
REV. COLEMAN: With the applications, our bank friends tell
us, we should get a small deposit with those applications as a
good faith commitment on the part of the people. The banks will
be very happy to lend money on those because we know then that
Southold Town Board of Appeals
-18-
September IS, 1976
(
these people will be occupying. those units. We also certainly
don't want to build something that is not rentable.
THE CHAIRMAN: I'm not sure that I follow you.
REV. COLEMAN: An application for admission is sent out,
and usually what church-sponsored, senior citizen housings do
is they ask for a deposit, a small amount which is not refund-
able in case the person, after they're approved for admission,
decides not to come in, but if they do come in, then the money
is applied to the entrance fee. Our bank .friends tells us that
if we got $1,000 of which $950 was refundable, this is a good
faith commitment that these people are not just saying, "I'm
interested in housing, but come and see me when you.get it built
and then I'll decide." These people are saying, "Yes, we want
to be part of the San Simeon cOQffiunity and to show our good faith
that we are, and that as soon as it is built we will be ready.to
occupy it, we are enclosing our check for ..." It will be held
in escrow.
THE CHAIRMAN: That's where you leave me. The $1,000 is ~
good faith item, you know the man is serious, and from what you
just said, $50 of it will be surrendered if he decides not to go
through with it.
(
REV. COLEMAN: The way they usually work it, if a person is
rejected, they receive everything back.
THE CHAIRMAN: That is to enter a, say, $30,000 dwelling.
What in addition to the $1,000 will be required?
HENRY PEARSON, ESQ.:
Many places do it this way
that $1,000 over 12 months
It's according to how you do it.
just ona rental basis, they prorate
rent.
THE CHAIRMAN: And your rents will be projected based on
c
REV. COLEMAN: Exactly. What this is, when you go to a
lending institution, whether it be to the Lutheran Insurance Co.
or to a regular bank, you can show them applications of acceptance
and also money held in escrow of people who want the first 30
units or so that are going to be built. For example, when a
church is going to build a building or an addition on a building,
we have a pledge drive. Those pledges are accepted by the bank
because people's names are on them, even though they're not
legally binding, as good faith commitments. Again, if anyone
looks at tee way St. Peter's Church in Greenport is managed and
at what St. Peter's has been able to do in the past 13 years,
I think we're probably one of the best managed churches in the
community, we're not foolish with our money, and we do not make
any money through commercial ventures, bazaars, rummage sales,
Southold Town Board of Appeals
-19-
September 15, 1976
(
or anything like that. Every single penny that supports that
church comes on Sunday morning through the free-will offering
of the people and any commercial thing we do, whether it be a
German Festival or a Harvest Festival, has to be done with the
idea that the money is given away. In this case, the money is
being given to a project of the Church, but the Church is not
supported, that building has not been paid for in 12 years by
any fund raising effort except the free-will giving of people
on Sunday morning. That's the way we operate.
THE CHAIRMAN: Getting back to the point you made earlier,
most people would make a substantial contribution in order to
get a dwelling unit.
REV. COLEMAN: It amounts to the same thing. If a person
puts up $10,000, then what it means is their carrying charges
are reduced proportionately.
THE CHAIRMAN: But suppose they borrow $10,000, then their
carrying charges are increasing.
REV. COLEMAN: The point is, then we'd have to borrow it
in their place, and we'd have to charge them. That might be
part of the disclosure, too, on the application.
(
ROBERT BERGEN: So if they put up the $10,000, that is
used so much a month?
REV. COLEMAN: It means that we don't have to go to the
marketplace to borrow that initial money.
HENRY PEARSON, ESQ.: In other words, they're investing in
the project itself.
THE CHAIRMAN: But they have no piece of paper, they have
no bond.
REV. COLEMAN: They's have the right to live there for the
rest of their lives.
THE CHAIRMAN: The moral right.
HENRY PEARSON, ESQ.{ And also the legal right.
THE CHAIRMAN: How will they have a legal right?
REV. COLEMAN: Because we'll give them a contract.
<-
THE CHAIRMAN: You'll have to have pretty accurate disclosure
to make sure that you get tenants that can pay the rent.
Southold Town Board of Appeals
-20-
September 15, 1976
(
BARBARA EDEEN: I don't think that we are planning to take
in the very poor, the Welfare people. I think most of the people
will be able to afford whatever we charge.
REV. COLEMAN: We're providing a service of caring for
people, but we also have to be realistic in that if we can't
afford to care for them, then there's no care at all. So we
have to know, through some disclosure, what ...
ROBERT BERGEN: Who's on Medicare and so forth.
(
REV. COLEMAN: Right, for those kind of things. What we're
thinking, as Mr. Gillispie said, is that we don't know what the
future has in. store in terms of what electricity or oil heat is
going to cost 15 years from. now. I mean we might take a person
in and all of a sudden discover that, in 15 years, they've used
up, because of the high cost of living, all their resources. .
That's why we're preparing for that, building an endowment fund
through gifts and charitable fund-raising efforts, the funds to
be able to subsidize people who might find themselves, even after
the best of planning, in financial straights. I don't think there's
anything worse, I deal with elderly people all the time, for an
elderly person who's always paid his own way, to have to go go the
State or to any governmental agency. I know people in my parish
who will not, even though they have just a few dollars, take any-
thing from Medicare, they insist on paying the doctors' bills
and will not sign any forms in the doctor's office because that's
"Welfare."
THE CHAIRMAN: One thing I'd like to discuss is Welfare
occupants. What about people who are on Welfare, or people who
could go on Welfare after they get in there? Another thing is,
I believe that this is supposed to be childless, no children.
How do you propose to keep children out?
HENRY PEARSON,
under a certain age
children, obviously
ESQ. :
would
older
By a rule that
be allowed in.
children would
no one with children
~hat means young
be alright.
ROBERT BERGEN: What do you mean by older children?
HENRY PEARSON, ESQ.: Teenage children.
THE CHAIRMAN: That wouldn't be legal if you were accepting
any public funds. But you're not, so you can arbitrarily rule
that this project cannot have children in it, unless you lose con-
trol of it and have to sell it. As far as Welfare is concerned
you can't discriminate against Welfare.
l'
HENRY PEARSON, ESQ.: As we said a few minutes ago, the
people we're looking for, generally speaking, own their homes,
sell it, make a substantial payment to enter San Simeon, and
Southold Town Board of Appeals
-21-
September 15, 1976
(
then, generally, have a fairly substantial amount of Social
Security coming in which would be, if not the entire carrying
charge, then at least a large part of it. We don't have any
figures as yet, of course, but we believe that the Social Se-
curity that most people will collect will pay a large part of
the monthly carrying charges. And, of course, by reason of re-
quiring a substantial downpayment, that will eliminate people
starting out on Welfare. It's conceivable, of course, that they
may run out of money and possibly the pensions they receive will
not equal the carrying charges at some time in the future. What
happens at the Presbyterian Home is that the people go onto Social
Service, Welfare if you will, but they remain in the same status
that they always were. Fees are paid for them, or the difference
is made up, and no other resident knows anything about it. They
do not, and we do not intend to, take people in directly on Wel-
fare. If they should happen to suffer reduced circumstances per-
haps they will go on Welfare, we hope not, but it's a possibility.
But I don't believe it will change the character of the institu-
tion if Welfare made up the difference.
THE ,CHAIRMAN:', I'm just trying to bring up all.the possibil-
ities here.
(
REV. COLEMAN: By the Church having control, the Church is
setting the whole tone for the operation of the project.
BARBARA EDEEN: If you go back several years, well, not
too many years, we had none of this. We didn't have the land
except where the Church is. We didn't have the $200,000 and
we didn't have the, endowment fund. That's a big step we've
taken in two, maybe three, years. I really think that the com-
mitment of the people of the Church is there.
REV. COlEMAN: The point is that many of them will never
live in this at all.
THE CHAIRMAN: I understand that, and some of the people
who move into it won't live too long. You dOn't have an average
projected age, do you? Obviously, it's much shorter than other
people, so in ten or fifteen years you might have the same place
occupied by several different people.
REV. COLEMAN: Then the price of the unit becomes much
more reduced and we're able, hopefully, to'add on.
THE CHAIRMAN: Don't you expect to throw the money that you
take in into the general fund that operates this complex?
l\
HENRY PEARSON, ESQ.: We may be required to apply it to
the reduction of the mortgages, but that will have to be worked
out with the banks.
Southold Town Board of Appeals
-22-
September 15, 1976
(
REV. COLEMAN: I think again that if a man retires at
60 ... I have a man in my parish who drives the Plum Island
ferry two hours a day, he's 70 years old. He's doing it not
because he wants to do it, he has to do it to make ends meet.
THE CHAIRMAN: Do you expect to have a cut-off point on
net worth? This is one of the things they had up in Islip.
HENRY PEARSON, ESQ.: Floor or maximum?
THE CHAIRMAN: Maximum, you can't be worth over so much.
REV. COLEMAN: That's because of government subsidy.
HENRY PEARSON, ESQ.: I can't see that we would have that
problem because it would be so much the better for us. The
more a man is worth, the more likely he will be to be able to-
continue ...
(
REV. COLEMAN: On the other hand, most people who are
wealthy people would not want a situation like this .because
most people want to keep their independence as long as pos-
sible and we know many in this community that can afford to
have everything done, who are just delighted to keep their
own homes.
THE CHAIRMAN: Well, I've talked to quite a few who would
be happy to move into a situation such as yours while they could
well afford to stay where they are. They're tired of cutting
grass, etc.
HENRY PEARSON, ESQ.: As I stated before, that is one of
their things.
THE CHAIRMAN: And that would be alright with you?
HENRY PEARSON, ESQ.: Provided he meets the age qualification.
REV. COLEMAN: And also one of the reasons why we'll have
an admissions committee is to probe motivation. If we feel
somebody's coming in who could well afford to pay to have every-
thing done, he would have to give me a pretty good reason why
he would want to be in here.
THE CHAIRMAN: Because he doesn't want to cut grass or
pick up twigs.
REV. COLEMAN: Why does he have to cut it in the first place?
He can afford to pay for it.
l'
THE CHAIRMAN: A lot of them consider that it's a duty
you were born with or something.
Southold Town Board of Appeals
-23-
September 15, 1976
(
THE CHAIRMAN: Is there anyone else who wishes to speak
for this application?
(There was no response.)
If not, is there anyone present who wishes to speak against
this application?
(
(There was no response.)
Well, we're not able to decide this 'tonight because it
will have to go to the Suffolk County Planning Commission for
their suggestions and approval or disapproval, and if they ap-
prove it, then it will be up to us to approve or disapprove it.
If they disapprove it, then this Board will have to have a
majority plus one, four, to approve it contrary to the Planning
Commission's ~ecommendations. They usually like to get some-
input into the original planning, particularly on a complex
project like this. One of the things that concerns me a little
bit about it is a charge that could be made against the Board
of Appeals that we are, in effect, changing the Ordinance of the
Town of Southold by granting a number of variances for setbacks
and parking. The reason for these variance applications is to
acc~ulate open space and use it intelligently and I think that
the architect has done an excellent job. Rather than to just
impose a grid-iron pattern over the area, streets and houses
and everything else, you've got it located to catch the sun and
with convenient parking.
HENRY PEARSON, ESQ.: I think it might be important to
point out that these are all privately owned roads, they're not
County or State roads, they're within a privately-owned complex.
THE CHAIRMAN: One of the questions Mr. Bergen asked is if
the restaurant has enough pa,rking in relation to the seats.
GEORGE KOCH:
provided additional
for the restaurant.
We went over that very carefully and we've
parking for the employees as well as seating
THE CHAIRMAN:
four people.
There's one parking space required for each
GEORGE KOCH: That's right, we have 280 parking spaces pro-
vided for on the site.
THE CHAIRMAN: On the motel site?
GEORGE KOCH: On the entire site.
<-
THE CHAIRMAN: What's the parking for the restaurant?
Southold Town Board of Appeals
-24-
September 15, 1976
(
GEORGE KOCH: There's about 40 parking spaces in the rear
adjacent to the Nursing Home. We've also provided parking for
each living unit.
THE CHAIRMAN: Parking for the motel can be furnished over
here (on map) but, in general, you won't expect that people
living in the motel will get out very often. However, there is
plenty of space here where you propose to furnish these 40
parking spaces applicable to the restaurant. Now, if a fellow
lives over here in one of these buildings, where does he park
his car? .
GEORGE KOCH: In the area that's green on the plan.
(The Board and Mr. Koch discussed the parking facilities.)
We've tried to provide the parking as close to the facil-
ity as possible. Everything is reached by the covered walk on
the single level.
(
WILLIAM PFEFFER: I don't think you should call it a
restaurant. Each time you make reference to a restaurant, in
my mind I always think of a place where the public is admitted.
I th~nk we should refer to it as the dining hall, rather than
the restaurant, because it could mislead someone if they heard
there was a restaurant on the premises.
FRED HULSE, JR.: Will everybody living in the complex
eat in the dining hall?
RBV. COLEMAN: The people in the inn will, not in the whole
complex. But if Mrs. Jones goes up to Smithaven to shop and her
husband doesn't know how to boil water, he could call and only if
space is available would they allow him to eat there.
THE CHAIRMAN: How many chairs did you say there would be
in the dining hall?
GEORGE KOCH: Enough to seat the people in the domiciliary
who have to eat there.
(The Board and Mr. Koch again discussed the parking
facilities. )
SERGE DOYEN, JR.: How many living units are there outside
of the inn?
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GEORGE KOCH: 150 cottage units.
REV. COLEMAN: It works out to about 1-1/2 persons per
cottage. The majority of them are one bedroom.
Southold Town Board of Appeals
-25-
September 15, 1976
(
FRED HULSE, JR.: Will guests be accommodated in the dining
hall if they come to visit?
REV. COLEMAN: Only on a space available basis. It's the
same thing that's done at the Nursing Home, if Mrs. Jones, who
is not a resident, comes to visit her husband, if they can ac-
commodate her, they will provide her with a meal. Again, it is
not open to the general public.
THE CHAIRMAN: If a visitor came, if a son or daughter
came to visit somebody in one of these houses, they might want
to stay down here, righ~?
REV. COLEMAN: The cottages have kitchens. They'll go to
Mother's and have her cook a meal for them.
GEORGE KOCH: There's 124 one-bedroom units and 26 two-.
bedroom units.
THE CHAIRMAN: Now, the facilities that are going to be
furnished over here (on map).
GEORGE KOCH: They're in the administration building. Nine
of them.
(
THE CHAIRMAN: Nine in the admiBistration building. You'll
charge for their occupancy, right?
REV. COLEMAN: It'll be a donation to cover the cost. That
will not be open to bhe general public, only to Mrs. Jones' son
and daughter who come to visit. If they come and Mrs. Jones has
a one-bedroom unit, she can't put her children up, so where do
they stay?
SERGE DOYEN, JR.: The.children aspect of it is a bit dis-
terbing. You see so many grandparents today raising their grand-
children, and if you've got that about children in your rules,
how hard and fast can you be?
REV. COLEMAN: We've got to be hard and fast. The reason
why it has to be that way is because you can't jeopardize other
people who have come in here with the understanding that there
would be no children. I don't think it's fair. You have buildings
sharing a common wall, and these buildings are not being designed
for children to be raised in. Don't get me wrong, the children
can come and visit, but they cannot take up residence.
FRED HULSE, JR.: May I ask where you plan to start? In
other words, you're going to build 10. Where are they?
L
Southold Town Board of Appeals
-26-
September 15, 1976
(
REV COLEMAN: We're going to build, hopefully, 10%.
GEORGE KOCH: We hope to start right over here (on map).
That minimizes the grading and also the length of the sewer,
water supply and so forth.
yet?
THE CHAIRMAN: Do you have any arrangement with suppliers
GEORGE KOCH: No.
THE CHAIRMAN: This will be distributed locally, right?
GEORGE KOCH: Yes, as much as possible.
FRED HULSE, JR.:
on running the sewerage
around $45,000 a mile.
Just out of curiosity, what's the figure
line now? About three years ago, it was
REV. COLEMAN: We're in the process of computing that now.
It's still cheaper for us to hoo~ into that sewer.
GEORGE KOCH: We're a mile and a half away from it, so
it'll. be around $90,000.
(
SHERLEY KATZ: If they hook into the line of the Nursing
Home, then actually the Nursing Home's going to get a rebate on
their initial investment.
FRED HULSE, JR.: That would be correct because that's a'
private line.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals RESOLVE
DECISION upon application of St. Peter's Lutheran ChurCh, Main
Road and Chapel Lane, Greenport, New York for a special excep-
tion to erect and maintain multiple dwelling complex including
self-contained dwellings and dormitory-type dwelling unit.
The Board indicated that, in general, they looked favorably
on the project and suggested a resolution approving it condi-
tioned upon the following:
1. The applicant shall file for a variance on the
length"of the domiciliary.
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2. The dining facility, which is attached to the
domiciliary, shall be used only by residents
and guests of San Simeon and shall not be open
to the general public.
Southold Town Board of Appeals
-27-
September 15, 1976
(
3. The applicant shall pay a proportionate share of
Town expenses in lieu of taxes.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2107 - 9:20 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church, Main Road and
Chapel Lane, Greenport, New York (San Simeon by the Sound) for
a variance in accordance with the Zoning Ordinance, Article III,
Section 100-30 & Bulk Schedule and requirements of "M-l" and "B"
zones for permission to reduce setback on building *74 on the
site plan of San Simeon by the Sound. Location of property:
Main Road, Chapel Lane, and CR27, bounded on north by CR27 and
A. Shames and others; east by Village of Greenport; south by_
Main Road (Route 25); west by Chapel Lane.
(
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavits.attesting
to its publication in the official newspapers, and notice to the
applicant. The Chairman also read statement from the Town Clerk
that notification by certified mail had been made to: Village
of Greenport;.Eastern Suffolk Nursing Home.
On motion by Mr. Gillispie, seconded py Mr. Hulse, and
regularly carried it was RESOLVED to dispense with the formal
reading of the legal notice and the affidavits attesting to
its publication in the official newspapers. for all of the re-
maining variances. It was noted that all the variances were
listed in the legal notice which was published in the official
newspapers of the Town.
THE CHAIRMAN: Building *74 is what?
GEORGE KOCH: It's a cottage unit.
THE CHAIRMAN: I don't understand this part of the appli-
cation. "Due to the steep grade and poor drainage, we request
relief for length of buildings. Buildings have been joined to-
gether to allow for flow between buildings on one level and en-
closed."
~
GEORGE KOCH: That is p~rt of the application for the domi-
ciliary. Building 74 is for the front yard variance. This
other was part of the original app~ication where I had everything
altogether on one. So you can stop after reading "building 74"
because we are not considering front yard parking, which is on
another application.
Southold Town Board of Appeals
-28-
September 15, 1976
(
On motion by Mr. Gillispie, seconded by Mr. Bergen, and
regularly carried, it was RESOLVED to eliminate sentences 4,
5, and 6, paragraph #1 of the applicant's reasoning, Appeal
No. 2107.
George Koch initialled the application, approving the
change.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
HENRY PEARSON, ESQ.: Our reasoning has already been
explained.
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
On motion by Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York, Appeal No. 2107.
(
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2186 - 9:25 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for permission to reduce setback on Building #40, site plan
of San Simeon by the Sound.
The Chairman opened the" hearing by reading the application
for a variance.
On motion be Mr. Bergen, seconded by Mr. Hulse, and regu-
larly carried, it was RESOLVED to eliminate sentences 4 and 5,
paragraph #1 of the applicant'~ reasoning, Appeal No. 2186.
George Koch approved the change and initialled the appli-
cation.
On motion by Mr. Hulse, seconded by Mr. Doyen, it was
l
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of st. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York, Appeal No. 2186.
Southold Town Board of Appeals
-29-
Septemb~ 15, 1976
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The Board indicated that they. looked favorably upon the appli-
cation and suggested a resolution approving it conditioned
upon the following: .
The building shall be no closer than 35' to the front
yard line.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2187 - 9:28 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a vari-
ance for. permission to reduce setback on Building #27, site
plan of San Simeon by the Sound.
The Chairman opened the hearing by reading the application
for a variance.
On motion by Mr. Doyen, seconded by Mr. Bergen, it was
(
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York, Appeal No. 2187.
The Board indicated that they looked favorably upon the appli-
cation and suggested a resolution approving it conditioned
upon the following: .
The building shall be no closer than 35' to the front
yard line.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2188 - 9:32 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a vari-
ance for permission to reduce setback on Building #75, site
plan of San Simeon by the Sound.
The Chairman opened the hearing by reading the application
for a variance.
On motion by Mr. Bergen, seconded by Mr. Gillispie, it was
(:
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York, Appeal No. 2188.
The Board indicated that they looked favorably upon the
-1'" j.
Southold Town Board of Appeals
-30-
September 15, 1976
(
application and suggested a resolution approving it conditioned
upon the following:
The building shall be no closer than 35' to the front
yard line.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2189 - 9':35 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for permission to reduce setback on Building #42, site plan
of San Simeon by the Sound.
The Chairman opened the hearing by reading the application
for a variance.
On motion by Mr. Gillispie, seconded by Mr. Hulse, and
regularly carried, it was RESOLVED, sentences 4, 5, and 6,
paragraph #1 of the applicant's reasoning, Appeal No. 2189
be eliminated.
.On motion by Mr. Gillispie, seconded by Mr. Doyen, it was
(
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road, Greenport, New York, Appeal No. 2189. The Board indicated
that they looked favorably upon the application and suggested a
resolution approving it conditioned upon the following.
The building shall be no closer than 35' to the front
yard,line.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2190 - 9:38 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for permission to reduce setback on Building #10, site plan
of San Simeon by the Sound.
The Chairman opened the hearing by reading the application
for a variance.
c"
On motion by Mr. Bergen, seconded by Mr. Hulse, and
regularly carried, it was RESOLVED that sentences 4 and 5,
paragraph #1 of the applicant's reasoning, Appeal No. 2190,
be eliminated.
Southold Town Board of Appeals
-31-
September 15, 1976
(-
George Koch approved the change ~nd initialled the appli-
cation.
On motion by Mr. Bergen, seconded by Mr. Doyen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York; Appeal No. 2190.
The Board indicated that they looked favorably upon the appli-
cation and suggested a resolution approving it conditioned
upon the following:
The building shall be no closer than 35' to the front
yard line.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2191 - 9:42 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for permission to reduce setback on Building #15, site plan of
San Simeon.
(
The Chairman opened the hearing by reading the application
for a variance.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York; Appeal No. 2191.
The Board indicated that they looked favorably upon the appli-
cation and suggested a resolution approving it conditioned
upon the following: .
The building shall be no closer than 35' to the front
yard line.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
L
PUBLIC HEARING: Appeal No. 2192 - 9:45 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for permission to reduce setbaek on Building #30, site plan
of San Simeon by the Sound.
The Chairman opened the hearing by reading the appli-
cation for a variance.
Southold Town Board of Appeals
-32-
September 15, 1976
(
On motion by Mr. Gillispie, seconded by Mr. Doyen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York; Appeal No. 2192.
The Board indicated that they looked favorably upon the appli-
cation and suggested a resolution approving it conditioned
upon the following:
The building shall be no closer than 45' to the front
yard line.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.'
*
*
*
PUBLIC HEARING: Appeal No. 2193 - 9:48 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for permission to reduce setback on Building #32, site plan
of San Simeon by the Sound.
The Chairman opened the hearing by reading the application
for a variance.
(
On motion by Mr. Bergen, seconded by Mr. Gillispie, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York: Appeal No. 2193.
The Board indicated that they looked favorably upon the appli-
cation and suggested a resolution approving it conditioned
upon the following:
The bu'ilding shall be n.o closer than 35' to the front
yard line.
Vote of the Board: Ayes: - Messrs; Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2194 - 9:50 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for permission to reduce setback on Building #26, site plan
of San Simeon.
The Chairman opened the hearing by reading the appli-
cation for a variance.
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.
Southold Town Board of Appeals
-33-
September 15, 1976
On motion by Mr. Doy~n, seconded by Mr. Bergen, and regu-
larly carried, it was RESOLVED that sentences 4, 5, and 6,
paragraph #1 of the applicant's reasoning, Appeal No. 2194
be eliminated.
George Koch approved the change and initialled the
application.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York; Appeal No. 2194.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2195 - 9:52 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church, Main Road and
Chapel Lane, Greenport, New York (San Simeon by the Sound) for
a variance in accordance with the Zoning Ordinance, Article III,
Sectipn 100-30 & Bulk Schedule and requirements of "M-l" and "B"
zones for permission to locate parking in front yard area for
Buildings #27, 28, and 75, site plan of San Simeon by the Sound.
Location of property: Main Road, Chapel Lane, and CR27, bounded
on north by CR27 and A. Shames and others; east by Village of
Greenport; south by Main Road; west by Chapel Lane.
The Chairman opened the hearing by reading the appli-
cation for a variance.
THE CHAIRMAN: Six spaces for three buildings, I assume
they're two unit buildings.
GEORGE KOCH: That's correct.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road, Greenport, New York; Appeal No. 2196.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2196 - 9:55 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
(
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L
.
.
Southold Town Board of Appeals
-34-
September 15, 1976
for permission to locate parking in front yard area for Buildings
#1, 2, 3, 4, 5 and 6, site plan of San Simeon by the Sound.
The Chairman opened the hearing by reading the application
for a variance.
THE CHAIRMAN: If anyone wants to speak for or against
these applications, just speak up as we go along.
On motion by Mr. Hulse, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and. Chapel Lane, Greenport, New York; Appeal No. 2196.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2197 - 9:58 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for permission to locate parking in front yard area for Buildings
#25, 22, 23, 15, 14 and 21.
The Chairman opened the hearing by reading the application
for a variance.
FRED HU~SE, JR.: Will any of this parking be covered?
GEORGE KOCH: Yes, some of it, but none of the covered
area will be in the front yad.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION .upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York; Appeal No. 2197.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2198 - 10:02 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for permission to locate parking in front yard area for Buildings
#34; 29, 33, 31, 55, 56, 57, 58, and 61.
The Chairman opened the hearing by reading the application
for. a variance.
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Southold Town Board of Appeals
-35-
September 15, 1976
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York; Appeal No. 2198.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, noyen.
*
*
*
PUBLIC HEARING: Appeal No. 2199 - 10:05 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for permission to locate parking' in, front yard area for Buildings
*24 and 26, site plan of San Simeon by the Sound.
The Chairman opened the hearing by reading the appli-
cation for a variance.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road.and Chapel Lane, Greenport, New York; Appeal No. 2199.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2200 - 10:08 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
for permission to locate parking in front yard area for Buildings
*41, 42, 45, and 40.
The Chairman opened the hearing by reading the application
for a variance.
On motion by Mr. Hulse, seconded by Mr. Doyen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road,and Chapel Lane, Greenport, New York; Appeal No. 2200.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
(
(
L
.
.
Southold Town Board of Appeals
-36-
September 15, 1976
PUBLIC HEARING: Appeal No. 2201 - 10:10 P.M. (E.D.S.T.)
upon application_of St. Peter's Lutheran Church for a variance
for permission to locate parking in front yard area for Buildings
#71, 72, 66, 67, 70 and 69.
The Chairman opened the hearing by reading the application
for a variance.
On motion by Mr. Gillispie, seconded by Mr.. Bergen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York, Appeal No. 2201.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
PUBLIC HEARING: Appeal No. 2202 - 10:12 P.M. (E.D.S.T.)
upon application of St. Peter's Lutheran Church for a variance
fo= permission to locate parking in front yard area for residents
of the Inn.
'The Chairman opened the hearing by reading the application
for a variance.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals RESERVE'
DECISION upon application of St. Peter's Lutheran Church, Main
Road and Chapel Lane, Greenport, New York, Appeal No. 2202.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Hulse, Doyen.
*
*
*
The meeting was adjourned at 10:15 P.M. (E.D.S.T.).
APPROVED
~/tp~.r4{
. ,1/ ( (
, -.-. .'.' I .
~~..). I.. ~
Chairman Board'of 'Appea s
R~~P ctfully submitted,
-jJWvlf C, !JOJ).}'db'lfL
Ma y ~ Dawson
Secretary
Robert w. Gillispie, Jr., Chairman
October
"-
ff ~.l
~u{folk County Department of Pl;Jt1ing
H. Lee Dennison Executive Office Buildin
Veterans Memorial Highway
Hauppauge, New York 11787
Town of Southold
Board of Appeals
Petitioner:
Mun. File Nos.:
St. Peter's Lutheran Church
2107, 2108, 2186 through
2202 inclusive and 2211
S.C.P.D. File No.:
SD-76-l4
Gentlemen:
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk
County Charter, the above capti~ned application which has been referred
to the Suffolk County Planning Commission is considered to be a matter for
local determination. TI1e decision of local determination should not be
construed as either an approval or a disapproval.
.:./ ';
(1) c--~'
Comments: With the understanding that: (1) Public water and"lianitary sewage dis-
posals will be supplied by the Inc. Village of Greenport; (2) the restaurant in
the domiciliary facility and the motel units will be restricted for use of resi-
dents and guests of San Simeon; and (3) consideration is given to the widening
and improvement of Chapel Lane as per Town of Southold specifications.
Modification of the spatial arrangement of streets, dwellings and
parking area warrants consideration to insure a sense of community cohensiveness,
continuity of internal open areas and diminished walking distance from parking
areas to dwellings.
Very truly yours,
Lee E. Koppelman
Director of Planning
. ,
by
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Eastern Suffolk Nursing Home and
Peconic Health Care Center, Inc.
NORTH ROAD, GREENPORT, NEW YORK 11944
Telephone: 516-477-2110
FRANK J. SALAMONE, L.N.H.A.
October 14, 1976
I have received notification from Saint Peter's Lutheran Church, Greenport,
New York of a Board of Appeals hearing scheduled for Tnursday evening,
October 14, 1976 at <:$:55 P.M. at the Southold 'lbwn Hall, Main Road, Southold,
New York. ?
c
L.N.H.A.
Officers
o 0
Vii/aye of' .9reenport
MAYOR
JOSEPH L TOWNSEND, JR.
TRUSTEES
HENRY CARLOZZI
SAMUEL KATZ
WILLIAM H. LIEBLEIN
WILLIAM QUINN
IIIICORPOR-.T(O U131!1
NEW lNCORPOA..TrON APRIL 7, 1IUI8
RE-INCORPORATION UNDER GENU'AL LAW MAY 28, '8~.
CLERK
JOHN L PECKHAM
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Qreenport, Suffilk County, 'N..:. Y.
October 14, 1976
The Reverend William A. Coleman
St. Peter's Lutheran Church
Greenport, New York 11944
Dear Rev. Coleman:
On October 14, 1976 the Village Board was informally
polled by the Village Clerk of the Village of Greenport
for their answer to the following question:
"As a member of the Village Board of Greenport,
New York, do you approve of the proposal presented
as of this date, October 14, 1976, by St. Peter's
Lutheran Church of Greenport, to construct a church
operated retirement village on land adjacent to, in
part, the westernmost boundary of land owned by the
Village of Greenport."
The Board replied as follows:
Mayor Joseph L. Townsend,
Trustee William Quinn
Trustee Samuel Katz
Trustee William Lieblein
Trustee Henry Carlozzi
Jr. - in favor
- in favor
- in favor
- in favor
- in favor
Very truly yours,
~O..O 1 1l0/}J
I:: G::d/&-
John L. Peckham
/ Clerk-Treasurer
JLP:mlw
,..,-
I
October 12. 1976
Mr. l'raU J. 8..1 eaou
lIut.= Suttolk "81r1B Sou
Borth lload
Greenport,.II 119<<
:Dear Ib'. SalaaOMa
fhis 1s to 1IltoZ'a )"0\1 tlaat the Bov.~o14 town
IoUll ot A..P~. ...'.111 oOMiUI' oeJta1a ftl'iafto..
re,..riecl bL-.ut ..tel". _the,.. 0Urth,
Ore-port, JIIlli..tol' U. Iu. lIS'non v...~. 80uA
bUna'Il' 'Y ... to be OOJUltzouote4 OJI. 'l'OJHtn7
a4jao.., to 70\11'8.
the JoaX'I1 of A.ppew heuUa 18 nbMule4 tor
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the "'.014 ton BaU. WA Bod, 8oPho14.
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WAC as
the Be.... wuu_ A.. 001..-
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Ootober 12, 1976
the Vt n... of lireeapoJ't
th1J'4 a\.
\I",~~~, It 11944
Dear Sir.
fht. 1s to 1DtOl'll lOU ..... the So...It.o14 Ton
JoUo4 of A~ ..111 oou14... 0U"ta1a variano..
"',....... ...... htu'. IAnhena Ohuoh,
1Jn_~t t . f.... u. 8aa 8tMoa :r. ..he-lJou4
....1Jt.1I.0.V1~ to be ooutl'\lOt OIl :p!'Ope",
adj..... to ,....
;
th. JoUIl o(A,pe"'8 uu1.r1g 18 .0he4ule4 tor
thlll'84ll1l.' .....t.... OoMbe... 14 at 8'" :p... at
the SoQtholcf ton JW.l, Jfa1IlI.oa4, 8o\ttho14.
l1noe"17.
WAO 18
The ae". 1f1lli8a A. Ooleun
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D
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
TELEPHONE
765-3783
50UTHOLD, L. I., N. Y. 11971
October 8, 1976
To:
Southold Town Zoning Board of Appeals
From:
Judith T. Terry, Town Clerk
Re:
Amended application of St. Peters Lutheran Chwrch-Appeal No. 2211
Building Inspector Howard Terry advised the applicants that
they did not need to notify their adjoining property owners
on an amended application.
Oudat T 7;;;;~,/
~dith T. Terr;~7
Town Clerk
JTT/bn
cc:file
C 0
KOCH-JOHNSTONE ASSOCIATES INC.
INTERIOR DESIGN AND PLANNING
September 10, 1976
Planning Board
Town of Southqld
Suffo I k County
Southold, L.I. N.Y. 197i
Re: Variences
San Simeon by the
Sound
Dear Mr. Terry:
We are enclosing one check #1291 in the amount
of $300.00 for the fi I ing fee for 20 appl ications for
variences for the above project.
If you require any addtional information of fees
please advise this office.
Ver truly ~
GK:
Ene.
535 FIFTH AVENUE, NEW YORK, N. Y. 10017 (212) 986.6170
o 0
KOCH-JOHNSTONE ASSOCIATES INC.
INTERIOR DESIGN AND PLANNING
October 4, 1976
Southold Town Planning Board
Town Clerk's office
Southold, New York 11971
Attn: Mr. Terry
Re: San Simeon by the Sound
Dear Mr. Terry:
We are enclosing our Check in the amount of $15.00. This is for the
f i ling fee for the variance of I ength of bu i I ding.
If you require any additional information please do not hesitate to
ca II.
GLK:eb
Ene.
cc: Pastor Coleman
Very truly yours,
~~~
/ George L. Koch
,
535 FIFTH AVENUE. NEW YORK. N. Y. 10017 (212) 986-6170
o 0
KOCH-JOHNSTONE ASSOCIATES INC.
INTERIOR DESIGN AND PLANNING
/~.
i
(_ ;10 - 76
(!P
September 16, 1976
Bui Iding Department
Town of Southold
Main Road
Southold, New York 11971
Attn: Mr. Terry
Dear Mr. Terry:
We are enclosing
a variance for the
under separate
f i 1 i ng fee.
Southo 1 d ap pea I f9 the zon i ng boa rd for
bui Iding for the Ihn. We wi 1 I enclose
the amount of $15.00 to cover the
We are tentatively
of the Board of
request notifyi
led to /.)e. heard at 1;lleOctober 14th meeting
and wi IlfilFovide you with the return receipt
ing Home and the Vii lage of Greenport.
GLK:eb
Ene.
yours,
$
Koch
./
535 FIFTH AVENUE, NEW YORK, N. Y. 10017 (212) 986-6170
o
o
JUDITH T. BOKEN
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
TELEPHONE
765-3783
Southold, L. I., N. Y. 11971
March 4, 1976
To: Southold Town Zoning Board of Appeals
From: Judith T. Boken, Town Clerk ~;~
Transmitted herewith is Appeal No. 2107 :fand Appeal No. 2108
of St. Peter's Lutheran Church, along with copy of notice to adjoining
property owners.
(L ./J,;./ ~-4~
~'7YBoken
o
o
101m WICKHAM, Chairman
ALFRED GREBE
FRANK COYLE
HENRY RAYNOR
FREDERICK E. GoRDON
TELEPHONE
765-1313
August 31, 1976
Mr. Robert Gillispie
Board of Appeals
Southold, New York 11971
Dear Mr. Gillispie:
We have discussed rather carefully with the applicants
the possibility of moving some of the buildings to require
fewer variances and are informed that, because of the
extensive grading of the area and because of our insistence
upon zones or areas for each use, they are unable to meet
the setback requirements.
We are enclosing a copy of letter to Mr. Koch Which
contains the resolution of the Planning Board approving
the site plan.
Yours truly,
,l/l /V ~::J;/C:Al\/f/U?d ~
John Wickham, Chairman --= "-/
v
Enclosure
,
o
o
JOHN WICKHAM, Chairman
ALFRED GREBE
FRANK COYLE
HENRY RAYNOR
FREDERICK E. GoRDON
TELEPHONE
765-1313
August 31, 1976
Mr. George Koch
535 Fifth Avenue
New York, New York 10017
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 30,
1976 of "San Simeon by the Sound" subject to the Board of
Appeals granting variances for front yard parking and
setbacks and granting a special exception for the "Inn".
Yours truly,
Muriel Brush, Secretary
Copy to Board of Appeals
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RNEY
LD
ROBERT W. TASKER:
TOWN ATTORNEY
TELEPHONE
477-1400
425 MAIN ST.
GREENPDRT, L. I., N. Y. 11944
July 19, 1976
Mr. John Wickham, Chairman of the South old 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.
1 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. 1 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 tI:is 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 on. --
Y"::;;i;:~~
ROBERT W. TASKER
RWT:MY
Enclosures
.
o
w.
~
o
..
,
FRANK A.. wElL
tH....,U"......
MARIO M. CUOMO
FREDERICK O'R. HAYES
JOSEPH H. MU RPHY
RICHARD A. WIEBE
STATE OF NEW YORK
EXECUTIVE DErAlTtolENT
THOMAS F. ,,",CGRI-TH
COUNSEL
STATE BOARD OF EQUALIZATION AND ASSESSMENT
AGENCY BUILDING,4 _ 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. ~his 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 ~g.,
1 Op.Counse1 SBEA No. 55, 3 Op.Counsel SBEA 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 SBEA
No. 109, 5 Op.Counse1 SBEA No.9), referred to in the church's
.
..
o
o
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.Counse1 SBEA No. 81).
I trust that the above information will be of assistance to
you.
Ver truly yours,
.2b
Enclosures
,
o
W.,
-
o
PtICHARD A. WIEBE
CHAIRMAN
FREDERICK O'R. HAYES
JOSEPH H. MURPHY
STATE OF NEW YORK
EXECUTIVE DEP"lTIw4ENT
STATE BOARD OF EQUALIZATION AND ASSESSMENT
AGENCY BUILDING 14 _ EMPIRE STATE PLAZA
ALBANY. NEW YORK \2223
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 upl~eep 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.
o
o
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 142, 189
N.Y.S.2d 623; Goodwill Club of Amsterdam, New York v. City
of Amsterdam, 31 Misc.2d 1096, 222 N.Y.S.2d 896). 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.
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
LJ
o
o
4 Op.Counsel SBEA No. 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 ..." (Green v. Javits, 7 Misc.2d 312, 166 N.Y.S.2d
198, aff'd, Sub-nom, Green v. Lefkowitz, 4 App.Div.2d 198,
167 N.Y.S.2d 431, appeal denied, 4 App.Div.2d 947, 168
N.Y.S.2d 607, appeal dismissed, 4 N.Y.2d 704, 148 N.E.2d
308, 171 N.Y.S.2d 95). 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 ... ?he 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
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.
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 622, 246 N.Y.S.2d 123,
aff'd, 23 App. Div.2d 966, 260 N.Y.S.2d 58g. In that case,
the Association was organized to help people of Russian
descent who were in diBtress, to establish and maintain a
home for worthy and indigent aged men and women and to
operate same, together with general religious objectives.
o
o
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
. f
o
*
o
,
"ICHARO A. WIEBE
(HAUtWA.
FREDERICK O'R. HAVES
JOSEPH H. MURPHY
STATE OF NEW. YORK
EXECUTIVE Dl'AlThCINT
STATE BOARD OF EQUALIZATION AND ASSESSMENT
AGENCY BUILDING.4 _ 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 Tax
Law.
Apparently the corporation purch~sed these dwellings
pursuant to the following powers contained in paragraphs
Bland 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 fin2~cing, 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.
t
o
o
.
5 Op.Counsel SBEA No. ~
Page 2
The corporation claims that no member has
pecuniary profit and the members have paid any
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 ~Thether 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.
received any
deficiencies
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 th~ projects were not involved.
(Matter of Bedford-Stuyvesant Restoration Corp., 172 N.Y.L.J.
No. 23, p. 11, col. 2 (tl-1-74); l'latter of 141 Parkhill
~., 173 N.Y.L.J. No. 48, p. 16, col. 6 (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
o
HE: st. Peter's Evangelical Lutheran
Church of GreenDort. 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.
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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 suoh
land a project oonsisting of approximately 150 oottages and a dom-
ioiliary facility housing approximately 84 persons, as an adult
home.
2. The purpose of this project is to prOvide, below market
coat, an earthly and spiritual ho~e for elderly Lutheran persons,
and those senior oitizens living in Southold Township.
3. This project, in both operation and construction, will
be subsidized by the sponsor, the St. Peter's Lutheran Churoh.
To this end the oongregation 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 maintainance charges will be
projected and set aooording to the need, after taking into oon-
sideration bequests and other oontributions reoeived, to aohieve
a break-even point, that is to say, no profit is expeoted to be
made, and no officer, member or employee will reoeive any peouni-
ary profit from operations, exoept reasonable compensation for
servioes rendered. Nor will the projeot be operated to oredit
any profit for the Churoh.
5. A natural question that might spring to mind is this:
'vThy 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 Artiole X, Section 7 - Standing Committees: "There shall be a
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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 ~ince it has been privileged.by God to
become the owner of this land, it shoul.d be put to use by the
congregation in some manner that would advance the charitable,
compassionate objectives of the Chur9h 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 .u. owned by a corporation organized
exclusiveiv for one or more of the exempt purposed set
forth in the statute (i.e. reiigious purposes),
(b) The next requirement is that the real property be
used ~~cluSively for exempt purposes. We believe that
the purpose intenaed 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 ~RA
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 Ope Counsel SBRA 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
corporatepurposes"-- As stated previously, no one (in-
cluding the Church) will obtain or receive any profit,
income or similar, exception, of course, administrators
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will be paid.
(d) The organization, and the proposed project, is llQi,
in aIry manner, a guise or pretense for making any pecu-
niary profit for any organization nor for any of its
members or emp~oyees. Its o~y purpose, as set forth
previous~y, is entireIly charitable and benevo~ent in
nature and in pursuance of what we believe to be God's
work on earth.
7. Reference is made to 5 Ope Counsel SEEA No.9, wherin
it is stated: "Nonprofit organizations exemption (charitab~e)
(sing~e family ~ow-income houseing) -- Real Property Tax Law, s. 421:
The taxab~e 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 theloral assessor, when investigating the actual
use of the property, will satisfy himse~f 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.
8. 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.
J;ated: June 9, 1976
Respectfully submitted,
ST. PETER'S EVANGELICAL
LUTHERAN CHURCH OF GREEN-
PORT, N.Y.
by: -----------------------
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March 8, 1976
Mr. John Wickham, Chairman
Southold Town Planninq Board
Main Road
Southold, N. Y. 11971
Dear John:
At a meetinq called by the Chairman of the Board
of Appeals on March 4, 1976 for the purpose of reviewinq
applications for public hearinqs to be held on March 18,
1976, after inspection of applications submitted by
St. Peter's Lutheran Church, IT WAS RESOLVED
'that public hearinqs on Appeal No. 2107 and Appeal
2108 be postponed until the Board of Appeals receives
recommendations of the Planning Board.
No.
the
Sincerely,
~,
RWG :mm
Robert W. Gillispie, Jr.
Chairman
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March 5, 1976
The Rev. William A. Coleman
St. Peter's Lutheran Church
Box 242
Greenport, N. Y. 11944
Dear Rev. Coleman:
At a meeting of the Board of Appeals at 1:00 P.M.,
March 4, 1976, IT WAS RESOLVED that public hearings on
Appeal No. 2107 and Appeal No. 2108, St. Peter's Lutheran
Church, be postponed until the Board of Appeals receives
the recommendations of the Planning Board.
We will notify you when a date has been scheduled
for these hearings.
Yours truly,
:mm Marjorie McDermott
Secretary
cc: Mr. George Koch
475 Fifth Avenue
New York, N. Y. 10017
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JUDITH T. BOKEN
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
TELEPHONE
765.3783
Southold, L. I., N. Y. 11971
March 4, 1976
To: Southold Town Zoning Board of Appeals
From: Judith T. Boken, Town Clerk
Transmitted herewith is Appeal No. 2107, and Appeal No. 2108
of St. Peter's Lutheran Church, along with copy of notice to adjoining
property owners.
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~r}T: Boken
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BOARD OF APPEALS. TOWN OF SOUTHOLD
In the Matter of the Petition of
NOTICE
to the Board of Appeals of the Town of Southold
TO:
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (Special Exception) (Special Permit) (the following relief:
V:::jri."lnr.p. ;='lnrl Snpr.i?l! !="xrp.:,Tinn in rpl ip\lr::> rnnrliti()nc:. I ic,TPn hol"\,,
l.
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribedasfollows: r,nllnrlr::>n Pnlltp 77 !\lrrthR":;3d... f'.k::lin R,,:::o.n ?nd ('r""~oJ l:::o.nQ... \/ill?:::,o
of Greenport
3. That the property which is the subject of such Petition is located in the following zoning district:
I~I and B
4. That by such Petition, the undersigned will request the following relief:
front yard Darkine and lenoth of buLldinas
C,PT n?lrv
rpr111 j r:::'r',c.n+c:.
. .
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: u-.11.ctirlp. ~_ _Sp.rti()n,_I()()-~n ?nrl nli!v c;rhorllilp ;:"1<:; ?~~rn\!c>rl II'-,rlc:.r P I ?r"lcl Q
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, South old, New York and you may then and there
examine the same during regular office hours.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
'Z/ZO~I){17("
Dated:
Sb ~ I) IwJj~Jj>-- CLv(.-J
Petitioner
QOffice Address
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PROOF OF MAILING OF NOTICE
NAME
ADDRESS
RECEIPT FOR CERTIFIED MAIL-JOif (plus postage)
SEC~': ~~ c;.f!!J0ltc~ Pg~T61~~K
STR'fT Alf.L "t -'---~...-
-!fry., . ,-,- .;'
P.O., STATE AND ZIP CODE t
OPTIONAL SERVICES FOR ADDITIONAL FEES
RETURN ~ 1. ShDW~ to whom and date delivered ...........
RECEIPT Wilh restricted delivery _m., __..... n.
2. Shows to whom, dale and Wher,e deli,'I'e',ed..
SERVICES Wilh restritled delivery ._n..n . ......
RESTRICTED DELIVERY _.... ________nd.... .....
SPECI"AC-OEl."iiJERY (extra fee required)..
PS Form
Aug. 19753800
NO INSURANCE COVERAGE PROVIOEO-
NOT fOR INTERNA lIONAl MAil
(See other side)
1:fGPO:1915-Q'591-452
P.O., STATE AND ZIP CODE
- -- ---- ----
____~!21~~~_~!~~~~___~.O.~ AODlfIONt.L FEES
RETURN ~ 1. ShDws ',to whom ..:nd dil,tl! delivered .........
RECEIPT' With re!<tricled delivery _n....____.___...
2. Shows to whom, date and where delivered_.
__~~VI.C_[S . Wllh reslricled dellvel1 ...______m__
R[S~!l.!..C_T[D--DflI~ERY-- ~=__._
SPECIAL DELIVERY (extra fee requi;ed)--.--:---------
PS Form
Aug. 19753800
NO INSURANCE COVERAGE PROVIDED-
NOT FOR INTERNATIONAL MAil
(See other side)
1:: G~O: 197;-0591-<:52
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
-h-zRhJ wi/(IW'" .4G:/C'kJL-v-\ ,residingat 5b<.!o All/It Nee;\.. 'Rc\ .J-
~((jtt1~ 7 / , being duly sworn, deposes and says that on the I,q day
of, M h (-;; , 19 to, deponent mailed a true copy of the Notice set forth on the re,
verse side hereof, directed to each of the above,named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at ; that said Notices were mailed to each of said persons by
(certified) (registered) mail. "
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55.:
WALTER n. SILLECK
Nebry P"lMhllc in the StOlte of rlew York
No. 52.8996350
Residing in Suffolk County
Commission Expires March 30, 19 ~
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