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Home My WebLink About1000-121.-4-8.1~' APPEALS BOARD MEMBERS Gerard P. Goehringer, Chsirman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD July 26, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971-1466 Re: Appl. No. 4161 - Special Exception for AABR Non-Profit, Charitable Vacation Home Use Dear Mr. Bruer: Please find attached a copy of the findings and deter- mination rendered by the Board at our July 22, 1993 Regular Meeting. Copies of this determination have today also been forwarded to the Planning Board and Building Department for their update. Please be sure to return to the Building Department with appropriate application forms for their review in accordance with other local, county or state building occupancy regulations or for structural changes which may be necessary prior to the new occupancy of this building. Very truly yours, Enclosure cc: Building Department Planning Board~.~'''~ Town Attorneys Linda Kowalski APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4181SE. Application of AABR Realty Facilities Holding Corp., a Type C Not-For-Profit Corporation (now or formerly known as "Association for The Advancement of Blind and Retarded, Inc."), as Contract Vendee, request a Special Exception as per the Southold Town Zoning Code, Article III, Section 100-31B for use as a philanthropic home as provided by Subsection 5 thereof. Property Location: South Side of Middle Road near the end of Highway 48, House #6760, Mattituck, NY (present owners: Joseph and Patricia Stiefer). County Tax Map Parcel ID No. 1000-121- 4-8.1, containing 13+ acres. WHEREAS, a public hearing was held on July 22, 1993, all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicant-corporation, as contract vendee of the subject premises, requests a Special Exception use for operation of a vacation home for handicapped and mentally retarded individuals, in a non-profit, charitable status for up to eight (8) vacationers, supervised by three adults. 2. The Article and Provision under which this Special Exception is requested is Article III, Section 100-31B, subsection 5 (a through e) which permits by Special Exception, subject to site plan approval by the Planning Board, a non-profit philanthropic institution as well as eleemosynary or religious institutions, rest homes, etc. subject to the following requirements: Page 2 - Appl. No. 4181 Matter of AABR Realty Facilities Holding Corp. Decision Rendered July 22, 1993 (a) No building or part thereof or any parking or loading area shall be loaded within 100 feet of any street line nor within 50 feet of any lot line, and (b) The total area covered by principal and'accessory buildings shall not exceed twenty (20%) of the area of the lot, and (c) The maximum height shall be thirty-five (35) feet or two and one-half (2-1/2) stores, and (d) The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained, and (e) Sufficient exterior illumination of the site shall be required to provide convenience and safety. All such illumination shall be shielded from the view of all surrounding streets and lots. {Subsection (f) is only applicable to a proposed nursing home, hospital or sanatorium use.} 3. The premises in question consists of a total lot area of i3.36 acres located along the south side of Sound Avenue with a street frontage of 520+- feet. This property is improved with a single-family dwelling set back approximately 800 feet, or more, from Sound Avenue and 141 feet from the westerly property.line (at its closest point). Also existing are a 1670+- sq. ft. accessory barn with fence enclosure which has been used by the current owners as a horse corral), and an ingroundswimmingpoolwith fence enclosure. For more specific details, please see undated survey map prepared by Barrett, Lanzisera, Beckman & Hyman, Surveyors, received on June 2, 1993 and made a part of this file. For record purposes this property is also identified on the Suffolk County Tax Maps as District 1000, Section 121, Block 4, Lot 8.1 (previously part of Lot 8). 4. The principal building proposed for this philanthropic vacation home use is the existing dwelling structure having a total floor area of approximately 5,000 square feet. The barn structure located in the front yard area will remain as an accessory building for purposes .of storage and other similarly-related purposes, and the pool incidentally related to the occupants of the vacation home/dwelling structure. 5. At no time will the buildings or premises be permitted to be operated for profit or gainful business purposes, and the use(s) shall be only for nonprofit, charitable purposes operated by the applicant, or its successor nonprofit organization(s) with written notice and supporting papers showing its nonprofit and charitable status for the Board of Appeals' permanent records and update. Page 3 - Appl. No. 4181 Matter of AABR Realty Facilities Holding Corp. Decision Rendered July 22, 1993 6. For the record it is noted that the following Certificates of Occupancy have been issued by the Building Inspector concerning the buildings: a) No. Z14206 dated February 5, 1986 issued to Joseph and Patricia Stiefer for a new private one-family dwelling; b) No. Z-15669 dated April 21, 1987 for an inground swimming pool, fence enclosure, deck addition to existing dwelling. 7. The property contains 13.6 acres of land and the areas for parking near the dwelling are more than adequate. 8. Also for the record, it is noted that: Map of bet 5, 13.3+- (a) the property is shown as Lot %1 on the Minor subdivision Sundown Farms signed by the Planning Board on or about Novem- 1984 (File #438) (Lot %1 is shown as a single tract of land of acres on the 1984 map); and (b) this property was the subject of a previous variance determination by the Board of Appeals under Appeal No. 3314 decided February 14, 1985 locating the existing barn structure, and corral fence at a height of five feet, all in the front yard; (c) the size and dimensions of the property are conforming in all respects, and the conditions of subsections {a through e}, Section 100-31B(5) of the Zoning Code will be complied with. 9. In considering this application, the Board also finds and determines: (1) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the Town; (3) the use is in harmony with and will promote the general purposes and intent of zoning. The Board has also considered subsections (a) through (1) of Article XXVI, Section 100-263 A through F ("standards") and Section 100-264, A through P ("other considerations"), applicable to special exception reviews. Accordingly, on motion by Member Dinizio, seconded by Member Villa, it was RESOLVED, to GRANT a Special Exception for a philanthropic vacation home in the existing dwelling structure to be operated by the new owner-applicant as a nonprofit, charitable and philanthropic organization, as applied and more particularly described in the above Findings, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. If the non-profit, charitable status of the applicant-corporation/contract vendee should become dissolved, then notice must be given to the Board of Appeals confirming whether or not Page 4 - Appl. No. 4181 Matter of AABR Realty Facilities Holding Corp. Decision Rendered July 22, 1993 the new owner is a legally established philanthropic organization by submitting supporting documentation to the Board of Appeals record to show proof of its nonprofit, charitable status and licensing by the State of New York. It will be the discretion of the Board of Appeals to determine whether or not the new owner meets these requirements, and the Board may require a new application on the new occupancy, or a new hearing on the Board's own motion if deemed reasonably necessary to remove this Special Exception permit. 2. Future construction for expansion of more than 125 sq. ft. of floor area will require an application to the Board of Appeals for consideration under this Special Exception permit. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk GERARD P. GOEHRINSER, CHAIRMAN PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 June 24, 1993 Mary Lee Hasbrouck, Special Project Consultant Association For The Advancement Of Blind And Retarded, 164-09 Hillside Avenue Jamaica, NY 11432 Inc. RE: Request for site plan waiver for a vacation home at Premises of Joseph and Patricia Stiefer Route 48, Mattituck Zoning District: Low Density Residential (R-80) SCTM# 1000-121-4-8.1 Dear Ms. Hasbrouck: The Planning Board has received your letter of June 18, 1993, requesting a site plan waiver for the above referenced property. Your request has been sent to the Building Department as site plan waivers are their responsibility. You will hear from the Building Department directly as to their decision. If the Planning Board can be of any assistance please contact this office. ce y, Richard 'G. Ward Chairman cc: Curtis Horton, Senior Building Inspector Gerard P. Goehringer, Chairman Zoning Board of Appeals PLANNING BOARD MEMBERS Bennett. Odowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S, McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOU~OLD SCOT'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: Curtis Horton, Senior Building Inspector Richard G. Ward, Chairman~/~ SUBJECT: Request for site plan waiver for a vacation home by The Association For The Advancement Of Blind And Retarded Inc. Premises of Joseph and Patricia Stiefer Route 48, Mattituck Zoning District: Low-Density Residential (R-80) SCTM$ 1000-121-4-8.1 DATE: June 24, 1993 The attached letter requesting a site plan waiver for a vacation home at the premises of Joseph and Patricia Stiefer was sent to the Planning Board by The Association For The Advancement Of The Blind And Retarded Inc. The Planning Board is in favor of this waiver request, and recommends a waiver be granted. AA BR ASSOCIATION FOR THE ADVANCEMENT OF BLIND AND RETARDED, INC. 164-09 HILLSIDE AVENUE, JAMAICA, N.Y. 11432 (718) 523-2222 June 18, 1993 M'~ ,& Mr. Richard Ward Town of Southold Planning Board Main Street Southold, NY 11971 Dear Mr. Ward: Recently I spoke with Mr. Orlowski concerning the unique and exciting project our agency would like to develop in the Town of Southold. Mr. Orlowski kindly suggested that I write to you outlining our intended use of an ideal piece of property located on Stiefer Road in Mattituck. I would like to begin by briefly sharing with you the proud history of the agency I represent, The Association for the Advancement of Blind & Retarded, Inc. (AABR). The Agency is one of the older philanthropic organizations in the country. It was founded on the premise that all humans are deserving of assistance and guidance and that all humans are obliged to provide the same. AABR has, over the many decades, promoted and provided services for individuals who are developmentally disabled and who may also be blind. The Association has taken the concept of service provision to a higher level by infusing all that it does with an uncommon amount of caring and compassion. This is evident in all aspects of its programs and never more clearly as in this particular project. AABR provides residential services for individuals who are developmentally disabled. The individuals reside in the residences sponsored by AABR and consider these residences their home and, in fact, they are. Each residence housing eight individuals reflects the daily routines and rhythms as all other homes. The residents enjoy an environment that provides them with opportunities to grow and learn in ways that were thought to be unattainable. They are provided a home which not only cares for the creature comforts, but also for the psychological comforts that dignity and self-esteem produce. It is to enhance this commitment that this project is being pursued. Historically, when individuals with developmental disabilities want to go on a summer vacation their choices are limited to large summer camps that are often impersonal. AABR strongly believes that each of its homes should enjoy vacation opportunities that are similar to other families. AABR is, therefore, proposing to purchase a large home (4,000 + sq. ft.) located on fourteen acres of land. UNRESTRICTED-NON SECTARIAN TAX EXEMPT FOURTH DECADE OF SERVICE AABR is not proposing to change the home in any noticeable way except as needed for cosmetic and fire safety needs. This would entail installing an internal fire safety system as well as handrails in the bathroom areas. The exterior property would not be changed other than possibly paving the driveway and landscaping the area around the home. The entire concept of this project is to keep the property as normal as possible and to provide a summer retreat for the Agency's young people. The home would only be used by a maximum of eight residents and three staff. This would not be their full time residence, but only their summer vacation home. The home would be well cared for and the property would be maintained in its natural landscape. The property is not intended for any commercial use. AABR has applied for an exception under R 80 Code 100-31 Section B #5 Philanthropy of the current applicable town codes. In a meeting with Scott Harris, I was advised that a site plan would need to be submitted to your office for approval. This process would add several weeks, if not longer, onto our project. We are, therefore, requesting a waiver from this requirement based on the information contained herein. AABR is quite anxious to expedite this project in order for our individuals to enjoy part of the summer and fall vacation period. I am available to discuss this proposal with you and would welcome an opportunity to answer any questions you may have. I can be reached at 516-929-8620. Your assistance in this matter is greatly appreciated. /s cc: C. Weldon R. Bruer Sincerel~ ~ Ma~y Lee Hasbrouck Special Project Consultant APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 Rudolph H. Bruer, Esq. Main Road - Box 1466 Southold, NY 11971-1466 Re: BOARD OF APPEALS TOWN OF SOUTHOLD June 3, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Application Requesting a Special Exception and Interpretation of Definition of "Fi~unily" Premises of Joseph and Patricia Stiefer Dear Rudy: This letter will acknowledge that we have conducted an initial review of the above Special Exception application for the proposed establishment of a philanthropic use. Initially, when the documents were delivered, it was assumed the copy of the contract of sale was signed. It is now our understanding that the contract submitted has not been signed. The application may not be accepted for filing until one of the following criteria has been met: (a) proof is required to show that the applicant is a duly licensed philanthropic organization, OR, (b) proof is required to show that the applicant-owners have a signed lease or signed contract in effect with the philanthropic organization both having a direct interest in the property; As you may know, Section 100-31B(5) provides that in addition to Special Exception approval from the Board of Appeals, site plan approval is required from the Planning Board. It is requested that site plan map(s) be submitted to the Planning Board in accordance with Section 100-254 in order to commence the procedures listed therein. Once a preliminary conference between the applicant and the Planning Board Members under the site plan regulations has been held, it is hopeful that the Planning Board could list their recommendations for the location of parking and screening requirements under the code requirements. (This submission could, of course, be preliminary to a formal application to the Planning Board and subject to such conditions as determined by the Planning Board). ''Pa~ge 2 - June 3, 1~ To: Rudolph H. Bruer, Esq. Re: Request for Special Exception (Stiefer) Once the above documentation have been furnished to our office, the Special Exception would be further processed for filing. Further reviews are necessary by Appeals Board members after a public hearing has been held in order that a determination may be made as to compliance as a philanthropic use. (Note: There is no acquiescence during the entire process that the project would meet such use regulation until all reviews have been completed by the board). The above documents may be returned for re-submission with with the $400.00 filing fee and a copy of an executed lease or contract, or other docu~eut s~owing that the philanthropic organization has a d/rect interest to the property. The variance application, as submitted, is based upon an interpretation of the definition of "family" under the zoning code, as disapproved under Section 100-13-B (definitions). The filing fee for an interpretation is $200.00. Since you have delivered a check for $400.00, we have asked that the Town Clerk issue a refund check of $200.00. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosures cc: Inspectors - Building Department /Chairman and Members - Town Planning Board SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SCTM# -. COMMENTS ..11 ~ ..,",Y~ f, _ ', .~'~';J./.~ .... ~/ / I ~ / / ~ //. / "~ I / ~ ~ / ~ I '~' I ) LASER FICHE FORM Planning Board Site Plans and Amended Site Plans SPFile Type: Project Type: Site Plans Status: Incomplete Application - In Active SCTM #: 1000- 121.-4-8.1 Project Name: Stiefer, Joseph & Patricia Address: CR 48, Mattiruck Hamlet: Mattituck SCANNED iOCT 7 7008 Records Management Applicant Name: Mary Lee Hasbrouck, Assoc. for Advancement of Blin Owner Name: Stiefer, Joseph Zone 1: Approval Date: OPTIONAL ADDITIONAL INFORMATION End SP Date: Zone 2: Location: SC Filing Date: C and R's: Home Assoc: R and M Agreement: A date indicates that we have received the related information Zone 3: SCAN Date: NOW OR FORMERLY R~YN.OR NOW OR FORMERLY RA YNOR EASEI~ENT FOR INGRESS LOTbo. P / / ,, ~..Npf.__/ / / ' ~ PARCEL No. I POLp' /¢ -- 180.5~ ; ~ N 24°01'50'' W / PARCEL No. 2 ? NOW OR FORMERLY KUJAWSKI 8 RUSCH N 20°5S'50"/_Ut~_~ _ N 2/°30'00" WI NOW OR FORMERLY DANTES NOW OR FORMERLY SAYRE NOW OR FORMERLY MACARI -i · .~ ::i~EAClilING 'POOL SECTI°N` ~ER F~.'~_~ ~, L~V~L SEPTIC TANK DETAIL FINISHED P" DIA. DRO~ PIPE 4" DIA. PVC CASIN~ PUMP CYUNDER 8 S17~INER MIN BP GAL. STORAGE TANK ~ GROJ~ND~ T~R WELL 4" MIA( D/b. PIPE CAST IR¢~ CLAY, MTUMINOOS FIBER. CEMENT ASBESTOS PROP. I0' MIN. SEPDC TYPICAL WELL TYPICAL PLOT PLAN AREA = 13.3658 ACRES REVISIONS S TIEFER PLA T LAND DIVISION ~~.'e ~)j{ ~ . MATTITUCK, TOWN OF ~OUTHOLD ~ ~ ~ ~ ' ~ SUFFOLK COUNTY, NEW YORK ....~~ .~.,~ ~,~ ~/ ~ 125 Church Street . 1~1 Middle ~unt~ Road ,~~' =~,~m., NV .SSS R~dg., .Y ~ m~ Map ~ignaion: SH~ "1 ,r~~~ TEL: (516)599-~ TEL: (516)924-3230 " ' F~: (516)593-81~ F~: (516)~4-~57 ,O/STRICT I000 1 ~60 ~/0~ /P/ OF