HomeMy WebLinkAbout4181
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPF~XLS
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
%~rpe 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 surroundinq 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 Planninq 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.~81
Matter of AABR Real7 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 ~3.36
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.t81
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:
(a) the property is shown as Lot #1 on the Minor Subdivision
Map of Sundown Farms signed by the Planning Board on or about Novem-
ber 5, 1984 (File #438) (Lot #1 is shown as a single tract of land of
13.3+- 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..81
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. GOEHRIN~ER, CHAIRMAN
RECEIVED AND ~LED BY
THE SOUTHOLD TOWN Cr.k~:{K
D~TE ?/~,/9 ¢ ~OUR //: ~ ~-~,
Town Cler/¢, Town o{ Soufhold
APPEALS BOARD MEMBERS
Gerard P. C~ehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr. '
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
· TOWN OF SOUTHOLD
NOTICE OF PUBLIC HEARINGS
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
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, that the following
public hearings will be held by the SOUTHOLD TOWN BOARD OF
APPEALS, at the Southold Town Hall, 53095 Main Road, Southold,
New York 11971, on THURSDAY, JULY 22, 1993 commencing at the
times specified below:
1. 7:32 p.m. Appl. No. 4172 - To reconvene hearing in the
Matter of JANET A. FERGUSON (cOntinued from June 22, 1993).
Central Avenue, Fishers Island, NY; County Tax Map Parcel ID
No. 1000-066-08-006.
2. 7:35 p.m. Appl. No. 4182 - KELLY McDERMOTT. Variance to
the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk
Schedule) for permission to expand house and accessory garage
which will exceed the 20% lot coverage limitation. Property
Location: Northeasterly corner of Oysterponds Lane and
Skipper's Lane (a/k/a State st.), Orient, NY; County Tax Map
Parcel No. 1000-24-1-8. This property contains an area of
Page 2 - Notice of ~rings
Southold Town Board of Appeals
Regular Meeting of July 22, 1993
8710+- sq. ft. and is located in the R-40 Residential Zone
District.
3. 7:40 p.m. Appl. No. 4179 - THOMAS D. DUFF, JR. and ELAINE
DUFF. Variance to the Zoning Ordinance, Article III, Section
100-32B for permission to construct deck addition along west
side of existing dwelling with a reduced side yard setback.
Property Location: South Side of Crescent Avenue (North Hill),
Fishers Island, NY; bounded west by Nitze; east and south by
Zabohonski; County Tax Map Parcel ID No. 1000-6-2-3.2; also
referred to as Lot 25 on the unfiled "Map of Henry Walsh." This
parcel is nonconforming at 1.003+- acre in an R-80 Zone
District.
4. 7:45 p.m. Appl. No. 4160 - SUSAN TASKER. Variance to the
Zoning Ordinance, Article XXIII, Section 100-239.4A for
permission to locate dwelling structure with a reduced setback
from the bank or bluff of the L.I. Sound. Property Location:
58235 C.R. 48, Greenport, NY; County Tax Map Parcel No.
1000-44-2-11. This parcel is nonconforming at 5,775 sq. ft. in
this R-40 Zone District.
5. 7:50 p.m. Appl. No. 4177 - JAMES P. and EILEEN LEDDY.
Variance to the Zoning Ordinance,' Article XXIV, Section 100-244B
(pertaining to nonconforming lots) and Bulk Schedule, for
Page 3 - Notice of ~rings
Southold Town Board of Appeals
Regular Meeting of July 22, 1993
permission to construct front porch addition with a reduced
front yard setback at 195 Mary's Road, Mattituck; County Tax
Map Parcel No. 1000-140-2-36.
6. 7:55 p.m. Appl. No. 4178 - JAMES AND DOROTHY FITZGERALD.
Variance to the Zoning Ordinance, Article XXIV, Section 100-244B
(schedule Pertaining to nonconforming lots) for permission to
construction open deck addition with an insufficient rearyard
setback. Property Location: Southwest Corner Intersection of
Oak Drive and Haywaters Drive, Cutchogue; County Tax Map Parcel
No. 1000-104-5-25. This parcel is nonconforming at 19,602+- sq.
ft. in this R-40 Zone District.
7. 8:00 p.m. Appl. No. 4180 JOAN AND ROY BERMAN. Variance
to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for
permission to construct addition to accessory storage-garage
building which was recently altered under Permit No. 20895
issued 8/18/92. Proposed addition would reduce the required
frontyard setback and would be in excess of 20% lot coverage
limitation for all buildings. Property Location:
Lane, East Marion, NY; County Tax Map Parcel No.
This property is nonconforming at 2614+- sq. ft.
Zone District.
520 Rabbit
1000-31-18-11.
in this R-40
Page 4 - Notice of ~rings
Southold Town Board of Appeals
Regular Meeting of July 22, 1993
8. 8:05 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES, INC.
(Owner). This is a request which concerns the April 26, 1991
and April 9, 1991 Notices of Disapproval issued by the Building
Inspector concerning an application for permit to include
kitchenettes in motel units citing Article III, Section 100-13
which is the Definition Section of the Zoning Code pertaininq
to the April 9, 1991 Notice of Disapproval which reads,
"...hotel or motel transient which says in part that there will
be no cookin~ facilities..", and pertainin~ to the April 25,
1991 Notice of Disapproval which reads, "...hotel or motel
resort. Action required by Zoning Board of Appeals to permit
cooking facilities in individual motel units .... "
The subject premises previously had received a conditional
determination for a Special Exception filed 11/28/89 under
Application No. 3542 for use of the premises for 68 motel units
without individual kitchenettes or dwelling uses. Location of
Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel
No. 1000-045-01-00i and 002 (now 2.1), containing approximately
7.5 acres. The subject premises is located in the
Resort-Residential (RR) Zone District.
9. 8:10 p.m. Appl. No. 4181 - 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
Page 5 - Notice of ~rings
Southold Town Board of Appeals
Regular Meeting of July 22, 1993
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.
10. 8:20 p.m. Appl. No. 4183 - JOHN AUSTINE. Variance to the
Zoning Ordinance, Article IIIA. Section 100-30A.4 for permission
to locate accessory one-story garage building partly in the side
yard with a setback at approximately five feet from the
southerly side property line. Location of Property: 3735 Deep
Hole Drive, Mattituck; Lot No. 54, Map of Deep Hole Creek
Estates. County Tax Map Parcel No. 1000-115-16-20. This
property is substandard in size at 21,710 sq. ft. in this R-40
Zone District.
11. 8:30 p.m. Appl. No. 4120 - MATTITUCK AUTO CENTER, INC. and
WILLIAM GOODALE. Variance to the Zoning Ordinance, Article
XXI, Section 100-212B for relief from the front yard landscaping
provisions of the zoning code. Location of Property: 7655 NYS
Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax
Map Parcel No. 1000-122-6-30.1 (previously 30).
Page 6 - Notice of ~rings
Southold Town Board of Appeals
Regular Meeting of July 22, 1993
12. 8:30 p.m. FINAL HEARING on Appl. No. 4119SE - MATTITUCK
AUTO CENTER, INC. and WILLIAM GOODALE. Special Exception to the
Zoning Ordinance, Article X, Section 100-101B(12) for a permit
authorizing: (a) a new car sales-rental establishment; (b)
an establishment of an accessory use incidental to the proposed
new car sales estabiishment for the sale and/or lease of used
vehicles; (c) outside display of vehicles for sale; (d)
accessory office use incidental to the new principal use as a
new car sales establishment. Location of Property: 7655 Main
Road (NYS Route 25), Laurel, near Mattituck, NY; County Tax Map
Parcel No. 1000-122-6-30.1.
The Board of Appeals will.at said time and place hear any
and all persons or representatives desiring to be heard in the
above matters. Written comments may also be submitted prior to
the conclusion of the subject hearing. Each hearing will not
start before the times designated above. If you wish to review
the files or need to request more information, please call
7.65-1809 or visit our office.
Dated:
July 6, 1993.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
X
TOWN OF SOUTHOLD, NEW YORK
APPLICATION FOR SPECIAL EXCEPTIO~
Date Filed: ---~
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: AABR REALTY FACILITIES HOLDING CORP
I (We), of 164-09 Hillside Avenue, Jamaica i~ 11432
(Resi'dence, House Np. and Str~t)-
PHone: (718) 523 2222 (Chris Weldon) or Rudolph H. Bruer az attorney 765 1222
(Hamlet, State, Zip Co~e, T~lephdne '~umber)
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with
the ZONING ORDINANCE, ARTICLE 100 , SECTION 31 , SUBSECTION B (5)
for the below-described property for the following uses and purposes (and as shown on
the attached plan drawn to scale):
"SEE ATTACHED SURVEY"
** Contract Vendee
A.Statement of O~nershi~ and Interest.
~BR Realty Facilities Holding. Cp£p. , is(are) the ~qwm~(s) of
property known and referred to as 6760 Sound Ave. Mattituck N.Y. 11952
'(House No., street, Hamlet)
identified on the Suffolk County Tax Maps as District '1000; Sbctiop 121 , Block 04.00 ,
Lot(s) 008.001 , which is ~ (is) on a sUoolws~on map (Filed NOT FILED ,
"Map of ' q ~iled M~p No. ,
and has been appFoved by the Southold Town Planning Board on
as a [Minor] [Major] Subdivision).
The above-described property was acquired by the owner ~ Mr. STIEFER ON
B. The applicant alleges that the approval of this exception would be in harmony with
the intent and purpose of said zoning ordinance and that the proposed use conforms to
the standards prescribed therefor in said ordinance and would not be detrimental to
property or persons in the neighborhood for the following reasons:
7-
and
C. The property which is the subject of this application is zoned A
[ ] i.s cmnsi~%en~ with the upe(s) described in the Certificate of Occupancy being
furnished herewith.
L ×] is not consistent with the Certificate of Occupancy being furnished herewith
for the following reason{s):
It is intended that the house shall be occupied by no more than eight disabled persons
is vacant land. plus three supervisors.
LJTY 0P
STATE OF N[W YORK) ss.:
~afy P~lic)- z ~.~m
ZB2 (rev. 2/6/86)
~. 52~65~ SU~K ~UN~
~MMI~ ON ~PIRES ~ARCH 30. 1995
'OWNER
· -TOWN OF .SOUTHOLD .PROPERTYii.'RECORD CARD ':~
STREET ."~ ,'
SUB. LOT
FORMER.OWNER
LAND
I.' IMP.
Tillable
DATE .
..s'/~ o.,
BUILDING CONDITION
NORMAL BELOW ABOVE
Acm Value Per Value
Acm
COMM.
REMARKS
DOCK
CB. MICS.
'ACR. ~'~. ~ ':~"i'~T.~,,~i.;, '~
TYPE OF BUILDING '? ~ 'L:
Mkt. Value -' - :.
ti
,
Extension
Extens,on
· Porch.~ ;,;.;
~., Bree~ewoy
~roge
Patio
O. B~'~''
r. ~ ,:
Total
I I
Foundation j ~ ,.~
Basement J 'T"[4 L... t_.
Ext. Walls I t-'~,~;:_ ~.
Fire Place
Type Roof
Recreation
Bath
Floors
Interior Finish
Heat
JR6oms Ist Floor
Rooms 2nd Floor
Driveway
REVISIONS
NAY 3 1199z~
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
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. 41~1 - 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
Edson and Bruer
LEFFERTS P. EDSON
(516) 765 2500
FAX: (616) 765-2752
Zoning Board of Appeals
Town Hall
53095 Main Road - BOX 1179
Southold, N.Y. 11971
A'l'r: Linda
July 7, 1993
Re: AABR Special Exception
Dear Linda:
As you requested, enclosed please fred copy of Deed to Joseph and Patricia
Stiefer.
Also please find a list of Board of Directors of the AABR. Since this is a
philanthropic corporation, I have been advised that there are no Stock Holders.
If you need a telephone number for any of the Board Member, I can obtain it
for you.
The above is submitted to you in lieu of a Disclosure Affidavit. If you require
this information in the form of an affidavit, I will be happy to supply it to you.
If you need any more information, please let me know.
/fg
Enc
~ th~'~d~ e~ th~ ~r,t per% in ccm~dunc,' v~lh .Se~6oe I~1 d the L~ Liw. (e~*gm~. h the pe~y 4d
JUL 02
_AA
BR
ASSOCIATI°N FOR THE ADVANCEblEI~
OF BLIND AND RETARDED, INC,
164-09 HILLSIDE AVEN~JE, JAMAICA, N.Y. 11432 (718) 523-222
AABR FACILITIES REALTY HOLDING CORP.
BOarD OF ,DlnCTO~S
O~ar Garcia,
40-29 168th St.
Fl~shing, NY 11358
M~roe Greenberg,
1~134 Stonybrook Lane
B~ynton Beach, FL 33437
G~sner C. Jones, Jr.,
1~4-29 N. Conduit Ave.
Springfield Gardens, NY
11413
Sylvia Murzin-Lipson
O~e Bay Club Drive - Apt.
B~yside, NY 11360
3W
A~y Occhino, Esq.
Hampshire Ave.
~sapequa, NY 11758
Y~ta B. Sachs
1~3-00 Shore Front Parkway - #llJ
R~ckaway Park, NY 11694
Je~rry Simonoff
6~ ccrnell Drive
PL~inview, NY 11803
Widelock
Patrick Court
Cm~bury, NJ 08512
UNRESTRICTED-NON SECTARIAN TAX EXEMPT FOURTH DECADE OF
LEFFERTS P. EDSON
RUDOLPH IL BRUER
Gerard P. Goehringer, Chairman
Zoning Board of Appeals
Town Hall
53095 Main Rd - Box 1179
Southold, N.Y. 11971
Edson and Bruer
June 9, 1993
Dear Mr. Goehringer:
Enclosed please find response I have received from the filing of the notice, which
we think should be in your file.
Best regards,
May ,1993
I, ~ k/_klbf~.~_Jt am an adjoining land owner of Mr. and Mrs
Joseph Stiefer and I have no objection to AABR Realty Facilities Holding Corp's request
for a special exception.
APpRATR BOARD MEMBERS
Gerard P Go,briner, Chairman
Ser~e Doyen, Jr.
Jam~s Dinizio, Jr.
P, ob~rt A. Villa
Richard C. Wilton
T~lephone (516) 765-1809
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
Rudolph H. Bruer, Esq.
Main Road - Box 1466
Southold, NY 11971-1466
Re:
Application Requesting a Special Exception and
Interpretation of Definition of "Family"
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).
~age 2 - June 3, 1~ To: Rudolph H. Bru~r, 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 document showing that the philanthropic
~organization has a direct interest to the property.
The variance application, as su]m~itted, is based upon an
interpretation of the definition of "family" under the zoning
code, as disapproved under Section 100-13-B (definitions).
~/Thew3/~ 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
PUBLIC HEARING
BOARD OF ZONING APPEALS
TOWN OF SOUTHOLD.
July 22, 1993
Pres e n t :
(7:30 p.m. Hearings Commenced)
HON. GERARD P. GOEHRINGER,
Chairman
SERGE DOYEN, Member
JAMES DINIZIO, JR., Member
ROBERT A. VILLA, Member
RICHARD C. WILTON, Member
LINDA KOWALSKI,
Clerk-Assistant to Board
Board of Appeals 31 July 22, 1993
APPL. NO. 4181 - AABR REALTY~ FACILITIES HOLDING CORP.t
a Type C Not-For-Profit Corporation (now or formerly known as
"Association for the Advancement of Blind and Retardedt
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.
8:12 p.m. (The Chairman opened the hearing and read the Legal
Notice and application for the record.)
THE CHAIRMAN: I have a survey dated --that is
actually the site plan-- indicating the approximate size and the
magnitude of this particular piece of property. The house sits
back some thousand feet from the road; in the pasture area in
the center of the proPerty is a 30 by 55.6 ft. barn with a
paddock/corral area surrounding it on the westerly side. And I
have a copy of the Suffolk County Tax Map indicating this and
surrounding properties in the area. Mr. Bruer, would you like
to be heard? How are you this evening, sir?
Appearance: Rudolph H. Bruer, Esq.,
MR. BRUER:
Mr. and Mrs.
of the AABR,
for the Applicant.
Fine, thank you. Actually I have here
Stiefer; and Miss Haasbrook is here on behalf
in case you have any questions with respect to
Board of Appeals 32 July 22, 1993
THE cHAIRMAN: Let's
hearing on that, okay?
you.
the use of the property or what they are going to do with it.
Basically, it is going to be a home for the blind and retarded,
not a home-home in the sense that it is going to be their summer
home. They are going to use it for a week here, a week there,
for --there is ten homes in the city, and they would bring it
around and bring these people 'here so that they could have a
vacation typical of the area. I believe with respect to the
Code, the property and the application and the use that they
intend to use it for meets all requirements of the Code,
subsection 5 A through I guess E. I believe also --without
going into it unless you want me to-- all the requirements that
the property and the use that is set forth in the application,
meets all the requirements of 100-260 amd pf 100-264. I
don't know whether for purposes of the hearing'you would like me
to go through each one of them. If you have any questions, I am
sure the Board is very familiar with each one of them. If you
ha've'any questions about our use and those standards as set
forth in the statute, I will be happy to go over it with you.
see what develops through the
MR. BRUER: Okay.
THE CHAIRMAN: Go ahead and continue, and I will grill
MR. 'BRUER: I believe the -- we have already tried
to get a head start on everything because what we want to do is
get in to --assuming the Board grants this application-- get in
Board of Appeal~ 33
July 22, 1993
to use of the property for the summer for these people. It is
anticipated we will get going right away. So it is important, I
would ask the Board for a decision as soon as possible. The
Planning Board, as I was saying, has reviewed the site plan
already in anticipation of this; and we requested a waiver of
their condition which apparently can be done, and they referred
it to the Building Inspector by way of a memo from Richard Ward,
Chairman of the Planning Board, to then see the Building
Inspector Curtis Horton, who I just learned this afternoon
retired, wherein quote "The Planning Board is in favor of this
waiver request and recommends a waiver be granted." They set
forth in their memo that the attached letter requests a site
plan waiver for a vacation-home at the premises of Joseph and
Patricia Stiefer was sent to the Planning Board with the
Association for the Advancement of the Blind and Retarded; and
they again reiterate request that the Building Inspector grant
that, so the Planning Board,.I believe, is in favor of this. I
believe it is merely questions of the owners or Association.
THE CHAIRMAN: Shall I ask you the question or this
nice lady in back of you?
MR. BRUER: She is very capable of giving very good
answers.
THE CHAIRMAN:
'MARY L E
THE CHAIRMAN:
we could expect as an enhancement of this
What is your name please?
E H A S B'R O O K .
Could you just give me an idea of what
property over the next
Board of Appeals 34 July 22, 1993
of things.
any trees.
use it.
few years that your organization may be doing to it?
what exists right now.
MS. HAASBROOK: We are creating no major changes
whatsoever to the property. We like the property the way it
is. That is one of the reasons why we want to purchase it.
There is some need to address'some of the driveway in front of
the property, as well as some handrails. Those are minor types
We are not looking to extend the property to clear
Exactly the way it is is the way that we intend to
area?
THE CHAIRMAN:
And the paddocks.
MS. HAASBROOK:
How will you be utilizing the barn
At this present time the Executive
Director of the agency does not see a use for the barn area
right now. So we don't anticipate having horses there or
farming tools or any other use for that, presently.
else?
THE CHAIRMAN:
MS. HAAsBROOK:
Would you be leasing that to someone
No, not going to lease the property
at all. We really want to use it or have the property as our
private property. You know, I mean there may be some thought
further down the line, if a not-for-profit in the Town of
Southold would like to put a horse there or. something. That
would be a thought. We have no intentions of leasing the
property in any way. It is for our private use.
Other than
Board of Appeals 35 July 22, 1993
THE CHAIRMAN: Let me ask you --This is a question
that I am just concerned-- When a person or a corporation such
as yourself buys a piece of property of this nature or this
magnitude, or a regular house which we see-- Taxwise is there
advantage? Do the property taxes change in any
MS. HAASBROOK: Because it's a not-for-profit
agency, we will be making application to the tax office.
THE CHAIRMAN: I see. OkaY. We are certainly used to
this type --not this type-- but the use of houses for these
type of purposes, okay. We have one directly across from the
Town Hall, and there is one in Cutchogue on the Main Road, and
so on and so forth. Correct me if I am wrong: I have a
tendency to ask a question and (tape ended in middle of sentence
thus). In the houses that we are used to-- and, please, I am
not making any generalizations, I am just sayin~ in the houses
that housed the people, that are of similar disability, I guess
is the proper phrase to use, the only change with this is, it
would be more of a transient use as opposed to a permanent use;
is that correct?
Ms. HAASBROOK: It would be a vacation home, yes.
The same group of people would not be living there twelve months
out of the year.
THE CHAIRMAN: But at the same time it could be
utilized all the time?
any specific
way?
Board of Appeals 36 July 22, 1993
MS. HAASBROOK: That option is available. But,
again, the purpose of the home is for vacation use; and I hope
that is what was conveyed.
THE CHAIRMAN: I am Just trying to get an idea of the
difference, okay. If that is the case, would there be a
caretaker there at all times?
MS. HAASBROOK: That is one of the considerations we
must make. When I was speaking with the Executive Director of
AABR, he wanted to look for either a live-in caretaker or set
up a caretaker service for the property. Not only while we are
there but also during our absence. You know, they are an agency
in Queens and investing a great deal of money and want to be
sure the home is well taken care of, for the Town as well as for
the owners.
THE CHAIRMAN: I don't have any other specific
questions. I will go to the Board members and ask them if they
have anything.
BOARD MEMBERS:
MEMBER WILTON:
No.
Just out 'of curiosity, how many people
would be there at any one time?
MS. HAASBROOK: I believe in the applications we
spoke of eight residents and three staff members, at any one
· time. And less than that. We tried to give.the maximum number,
but we do have homes that only have five people in them.
Board of Appeals 37 July 22, 1993
MR.
these houses,
family?
MS.
BRUER: Do you want to explain what you mean by
how each one of these houses in a sense is a
HAASBROOK: Very briefly, because you obviously
are well aware of your group homes in the town. I am as well,
and I think I had something to do with a couple of them, as a
matter of fact. They work very much like a family, and they are
a group of individuals who have a lifetime commitment to live
together as a family. They are no longer, for whatever reason,
able to live at home with their natural family. So one of the
most clinical and therapeutic ways is to provide a surrogate
family; and that is basically what has been going on for over
the past almost thirty years now in New York State. This again
is typical of a progression of services where, instead of an
agency wanting to send all of its people to a very large summer
camp, they are really looking at the individual heeds of
families for a vacation.
THE CHAIRMAN: So what you are saying to me is, that
if you had seven people in one specific house in Queens, you
would bring the entire seven out as one unit?
MS. HAASBROOK: Yes.
THE CHAIRMAN (continuing): --and they would spend
that particular period of time that was.so designated by whoever
was living ~ith them.
MS. HAASBROOK: Right.
Board of Appeals 38 July 22, 1993
THE CHAIRMAN:
five or six, whatever--
MS. HAASBROOK:
THE CHAIRMAN:
MS. HAASBROOK:
THE CHAIRMAN:
MEMBER VILLA:
thing?
amount of
Then they would go back, and another
From one home.
From one home would come back.
Just as a family.
Just as a family.
There is not a big turnover in this
MS. HAASBROOK: Oh, no, it is their home.
THE CHAIRMAN: I am an EMT, and we do a substantial
transporting of the one in Mattituck, and that is the
reason.
when we go in the house, not only the staff
Okay, I understand. Any other questions of
THE CLERK: Number of bedrooms.
THE CHAIRMAN: How many bedrooms in the house now,
four?.
that
'that
We certainly have a great discourse with the people
but also residents.
this nice lady?
MS. HAASBR00K: No, I believe there is five
bedrooms. Then there is another room on the first floor of the
home that can easily be made into an additional bedroom.
THE CHAIRMAN: I see. Is it normally the situation
this organization would take --and I have to admit to you
I do know the Stiefers personally, and .I have been in the
house, an absolutely beautiful house, okay. Is it usually the
situation that this organization would undertake a sizeable
piece of property of this magnitude?
Board of Appeals 39 July 22, 1993
MS. HAASBROOK: Oh, no, not at all. I mean, I think
that, you know, when you develop group homes, you always have
funding concerns. This is a very unusual project for the agency
in so much that they don't have funding strength but would be
utilizing their own private fund-raising dollars. That is one
difference. The other difference is that the agencies from
Queens, I don't think that one of them has 14 acres anywhere in
Queens, but that is only a guess.
THE CHAIRMAN: So it is somewhat of a new horizon to a
certain degree.
MS. HAASBROOK: It is only a new horizon when you
think of 14 acres of land. But they do have landlord
respons%bility for ten homes in Queens, which require all the
maintenance and oversight and caring that a property of 14 acres
would.
THE CHAIRMAN: Okay. This is a question that is
really directed to either one or both of you. Do yo6 have any
specific objection with regard to above-ground improvements,
that we as a Board have a right to look at those in the near
future? In other words, an enclosed mess-hall outside --I am
saying that because that is what I am used to seeing;
conceivably, it is a hypothetical, outrageous statement, but do
you have any objection to that?
MS. HAASBROOK: No. Let me explain why. I think
from the inception of this project, AABR has tried to be very
much forthright in its discussions with various people in town.;
Board of Appeal9
40 July 22, 1993
and I would think this is just a continuation of that type of
relationship that we want to establish with the Town. We would
have no problem with coming before this Board for any of those
items.
Mr. BRUER: You are not going to talk about the very
small things--
THE CHAIRMAN: No, no, I am talking about structures.
THE CLERK: Or kitchen.
MR. BRUER: What about a shed for--
THE CHAIRMAN: No objection. We are not talking
storage buildings. I have one further question, and then I will
let you people sit down. It escapes me at this point. Oh, so
basically the corporation has been successful in the past though
going symmetrically back to one of the first .questions I asked
you-- in getting tax relief for these places?
MS. HAASBROOK: For not-for-profit corporation.
MR. BRUER: I believe your file reflects with
documentation the certificate of incorporation, the amendments
to the certificates, the Internal Revenue letters with respect
to --
THE CHAIRMAN (interposing): We had our astute Town
Attorney review that in the past two or three days, and he did
.come back to us; and he said that it was in order. We thank you
and may have you back up again after discussions though. One
other point --
Board of Appeals 41 July 22, 1993
MEMBER VILLA: We had a question at the earlier'
hearing about parcel one versus parcel two on the map here.
MR. BRUER: That was done I think --basically, I
gathered what happened was that there was not parcel one and
parcel two even though that map says it. And we are treating
this as one parcel. It was just too difficult and expensive and
time-consuming to have a survey go and re-do that particular
area. We are treating this as one parcel. I believe that those
designations were put on that survey for purposes of separating
the house from an agricultural exemption that their property
presently has, and that is what the designation parcel one and
parcel two means. It was not--
MEMBER VILLA: Then there is no intention to subdivide
it or anything?
MR. BRUER: No, and there is no inten~ here to
subdivide it and I would, fo~ purposes of the record, disregard
any references to parcels one and two. It is one parcel.
THE CHAIRMAN: Does that answer your question? Okay.
So we are dealing with the entire piece of property in toro, and
that is it?
MR. BRUER: That is correct.
THE CHAIRMAN: That is the wa-y the decision will be
written anyway.
MR. BRUER: Fine.
Board of AppealsO
42
July 22, 1993
THE CHAIRMAN: We thank you very much. Is there
anybody else who would like to speak concerning this particular
piece of property, either pro or against?
(There was no audible response.)
THE CHAIRMAN: Hello, Mrs. Sayre. How are you?
BARBARA SAYRE: Fine. I am Barbara Sayre.
THE CHAIRMAN: Could I Just zip the mike over there?
MS. SAYRE: My only question is, I am always here
for Active (sic), and the access to this new holder would be on
what is known as Diaper Road (phonetic) and (inaudible) Pond
Avenue not Laurel Lake Road? Question.
MR. BRUER: The answer is that the access will be
Stiefer Road, as shown on the map, which is the right-of-way
on the easterly side of the property.
THE CHAIRMAN: Okay. It is my understanding, however,
that there is a'dirt road which leads back to that right-of-way;
is. there not? That road still exists, does it not --the
right-of-way on the westerly side?
MR. BRUER: Yes, it does. I believe it serves a
number of people, properties in the subdivision back here and
well back to Laurel Lake.
THE CHAIRMAN: I meant the driveway, the dirt driveway
which lead~ from the house back to that questionable right of
way on the westerly side, is that correct?
MEMBER VILLA: It goes both ways.
Board of Appeals 43 July 22, 1993
THE CHAIRMAN: It does exist, though, right? That
still exists. I am not speaking in behalf of the Mattituck Fire
Department; I am a member of the Mattituck Fire Department and I
have been a member for 25 years, and I can tell you quite
honestly that we would like to see that road --I would like to
see that road remain open. It doesn't mean that they are going
to use it for access; but if you get four trucks in there, there
is no physical way you are going to get them up that hill and
back down again, and then try and service anybody else in this
community. So just review that, Rudy, so you understand that.
Does that affect you, Mrs. Sayre, in any way?
MRS. SAYRE: It is all up for litigation, right?
THE CHAIRMAN: This is emergency access only, dear. I
don't know if you were here when I mentioned it, but we do a
substantial amount of transporting the old Dwight Reeve house on
County Route 48, a similar type group home situation --excuse me
just one second-- okay, and I' am sure we would like to have an
alternate access to this particular piece of property; and that
is basicaliy the reason why. Again, I am not a Chief, I am only
an Indian of that Fire Department, and that's all I like to
remain, as an Indian, okay, and I am just telling you that I
personally would like to see that road to
the driveway, yes.
MR. BRUER: I am not clear--
THE CHAIRMAN: The question was
to have that remain open.
remain there, meaning
access. I just want
Board of Appeals 44 July 22, 1993
MR. BRUER: As far as I know, it will.
THE CHAIRMAN: Yes. Ail right. Any further comments
or question?
(There was no response.)
THE CHAIRMAN: Hearing no further questions, I will
make a motion closing the hearing and reserving decision until
later.
(Seconded and carried; see Clerk's Minutes.)
THE CHAIRMAN: Thank you very much for coming in. A
pleasure, everybody.
MR. BRUER: Any chance of getting an early decision?
THE CHAIRMAN: We will work on it tonight, yes. We
are really right on schedule, Rudy, so we should be deliberating
--or starting to, anyway-- tonight.
MR. BRUER: Might I have a decision tomorrow?
THE CHAIRMAN: There is a great possibility, yes.
THE CLERK: Verbally.
THE CHAIRMAN: Verbally, not written.
MR. BRUER: Thank you.
THE CHAIRMAN: You're welcome.
THE CHAIRMAN: With everyone's indulgence, we have to
take approximately a three-minute recess.
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
scour 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~J/&
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)
SCTM9 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.
PUBLIC HEARING
.BOARD OF ZONING APPEALS
TOWN OF SOUTHOLD
June 22, 1993
(7:30 p.m. Hearings Commenced
Pres
e n t :
HON. GERARD P. GOEHRINGER,
Chairman
JAMES DINIZIO, JR., Member
ROBERT A. VILLA, Member
RICHARD C. WILTON, Member
(Absent and Excused:
SERGE DOYEN, Member)
LINDA KOWALSKI,
Clerk-Assistant to
Board
ZBA HEARINGS 48 June 22, 1993
APPLICATION NO. 4175 - PATRICIA STIEFER.
This is an Appeal of the June 2, 1993, Notice of
Disapproval issued by the Building Inspector for action by the
Board of Appeals under the definition of "family" at Section
100-13 for a determination that premises may or may not be
occupied~by up to eleven (11) persons unrelated by blood,
marriage or adoption. Location of Property: 6760 Sound Avenue,
Mattituck, NY; County Tax Map Parcel No. 1000-121-4-8.1; also
referred to as Lots #1 and #2 of the Minor Subdivision of
Sundown Farms. Subject premises contains a total area of
13.3658 acres.
8:40 p.m. (The Chairman opened the hearing and read the Legal
Notice and application for the record.)
THE CHAIRMAN: We did receive a letter from Mr. Bruer
concerning the Patricia Stiefer hearing of 4175.. We will
--normally we would open the hearing, but we will hold it in
abeyance and re-advertise it.
MR. BRUER: Thank you very much.
THE CHAIRMAN: I will make that a motion. Is there
anybody here to speak in favor of or against that hearing?
(There was no response.)
Appearance: Rudolph Bruer, Esq.,
. for the Applicant.
ZBA HEARINGS 49 June 22, 1993
MR. BRUER: Regarding the Stiefer application, the
application for the special exception I expect to resubmit this
week. I think even the contract will be signed.
THE CHAIRMAN: So you are going to run both of them
together then?
~ MR. BRUER: The reason for not pursuing this
application --because it really wasn't intended to come before
the Board as a question of definition, the way it wound up. It
was a matter of the way the Building Inspector wrote that
decision. However, if the Board would like to say that you can
have eleven people there, I would be happy to.
THE CHAIRMAN: Could you imagine what the South Shore
of this great Island would say if that was the case?
MR. BRUER: I know, that is why I think we are
postponing this. I believe we have a reduction order. I have
spoken to the pilot company with respect to that lawsuit, and I
think we-- the contract will be signed this week. Mr. Price is
away today, so I couldn't get ahold of him to iron out the
last-minute details. I hope to submit it by the end of this
week, and I met with the Planning Board at a work session
yesterday, and they were very favorable with respect to the site
plan situation that could possibly arise, assuming that this
Board granted the special exception. I am saying they really
probably would have no objection and would just want to be
notified in case there were any changes made, as to what the use
ZBA HEARINGS 50 June 22, 1993
was --which is perfectly all right. We are not going to make
any changes to the present structure of the use. That was just
an explanation of why we pulled the application tonight in case
you have any questions.
THE CHAIRMAN: Great. Thank you very much.
~' MRS. SAYRE: May I ask a question on this?
THE CHAIRMAN: Yes. Just use the mike and--
MRS. SAYRE: Sure. My name is Barbara Sayre and am an
adjacent property owner. I.'believe I mailed you a letter.
THE CHAIRMAN: Right.
MS. SAYRE: It is in your file. My question is: The
way this is worded in the notice. It says "also referred to as
Lots #1 and #2 of the Minor Subdivision." To whom do they
belong, Lots 1 and 2?
THE CHAIRMAN: Barbara, you have me at a
disadvantage. We didn't even bring the file out. We could go
get it and --
CLERK KOWALSKI: The hearing was postponed though.
THE CHAIRMAN: Well, she just has a question in
ref.erence to that. This was a minor subdivision to my
knowledge, and I think he split off two three or four-acre lots
in the rear, all right? Who owns those lots is your question?
MS. SAYRE: Patricia Stiefer and Joseph Stiefer own
one.
THE CHAIRMAN: They own a 14-acre lot.
ZBA HEARINGS 51 June 22, 1993
MS. SAYRE: They just own one.
THE CHAIRMAN: Yeah, they do. But we combined it, I
think under separate tax map numbers to say it was one.
CLERK KOWALSKI: It is a minor but the 13.8 acres
includes both Lot3 numbers.
MR. BRUER: It is shown there on the map that is sub-
mitted. It says Lots 1 and 2 on that subdivision map which -- I
have the map, and the reason for that is not that there was a
subdivison of that. That is one lot. What they did was, the
house piece is obviously a house piece, and the larger part is
part of the agricultural exemption, for tax purposes.
CLERK KOWALSKI: It was the minor subdivision though
that was approved by the Planning Board.
MR. BRUER: That is correct. And any further
subdivision of that lot --the big lot-- has to go for major
(word inaudible) by the Planning Board.
CLERK KOWALSKI: Yes,
without that.
MR. BRUER: And that
Stiefer,
subdivision.
MR.
subdivision.
they can't further subdivide
is not the application.
CLERK KOWALSKI: And Mr. Stiefer, Mr.
own both of those today, Lots 1 and 2
Right?
BRUER:
and Mrs.
in that minor
No, this was never really a minor
Somehow it is misnomered on that map.
ZBA HEARINGS 52 June 22, 1993
CLERK KOWALSKI:
Planning Board. That is the map they approved.
MR. BRUER: That is for four lots, yes.
show you what I mean.
(Off the record inaudibly among Board members.)
THE CHAIRMAN: One thousand 121, four 8.1, which is
this 13 acres. What you are saying, Rudy, is that this is the
house lot and this is the stuff that is in the agricultural
exemption, is that correct?.
MR. BRUER: Yes, this is the lot.
CLERK KOWALSKI: But on the minor subdivision map it
shows--
you-- one, two, three and
CLERK KOWALSKI:
lot.
It is referred to as a minor by the
But let me
THE CHAIRMAN: These have been deeded out. Barbara
Kujawski (phonetic) owns this one.
CLERK KOWALSKI: See,.this is Number Two.
DR. LAWRENCE BERGMANN: This is Lot 2. Is that now
included in the application?
MR. BRUER: This is lot 1.
CLERK KOWALSKI: I didn't have the whole subdivision
map. What is it on here?
MR. BRUER: Here is the four lots we are talking about
--this one and this one in the back -- those I mentioned to
four.
But these are still shown as one big
ZBA HEARINGS
53
June 22, 1993
THE CHAIRMAN: No. This is the Lot No. 2.
MR. BRUER: I had to get a big survey right away, and
this is the only one I could get, and I believe --this is my
belief from looking at it-- that these lines in this so-called
subdivision situation, is because this is set up for the "Ag"
District and this is for the, out of it.
THE CHAIRMAN: The whole thing is one.
MR. BRUER: The discrepancy comes in that the minor
subdivision it was four lots. This is Lot No. 1, of four lots.
THE CHAIRMAN: You notice there is Lots 1 and'2.
MR. BRUER: We were meaning Parcel 1 and Parcel 2.
CLERK KOWALSKI: On the survey Parcel 1 and Parcel 2?
That is what confused me.
THE CHAIRMAN: I just want you to know that any
application that comes us in this thing --and you are the
attorney representing the purchasers, is that correct?
MR. BRUER: Yes.
THE CHAIRMAN (continuing): --will encompass this
entire parcel; and that is it.
MRS. SAYRE: And that to me is one.
THE CHAIRMAN: Now, as you know, we couldn't clear it
up without getting you up here, so that is why I wanted to do
that, okay?
SAME UNIDENTIFIED VOICE: I am glad you did clear it
up and it came before you also. This was my question.
ZBA HEARINGS 54 June 22, 1993
MR. BRUER: And the reason of concern was, because the
right-of-way to this lot is what is in litigation..
THE CHAIRMAN: That is correct, right.
CLERK KOWALSKI: Jerry, is it okay if we ask Rudy when
he comes in for a special exception to show a map showing it all
as one piece? Rather than two separate parcels.
MR. BRUER: It is. one piece.
CLERK KOWALSKI: But it is showing it as two.
MR. BRUER: Well, that might just be an overlay
basically for the part they kept out for farmland preservation.
MEMBER DINIZIO: You see, where our problem is, is
this in a farmland program by any chance?
MR. BRUER: Looks like it is.
THE CHAIRMAN: Could be.
MR. BRUER: I know my contract says it is subject to
the agricultural whatever it is.
THE CHAIRMAN: So why don't you show this as a broken
line?
thing is,
MEMBER DINIZIO: Is it an Ag district, is it--
THE CHAIRMAN: We will find out.
MR. BRUER: I will give you that information. The
for me to go get a survey on this thing is going to
ZBA HEARINGS
55
June 22, 1993
take weeks, and the time I do this, the summer is going to be
over for these kids.
THE CHAIRMAN: Just tell them to white this out.
MR. BRUER: Wait a minute. That legally might be a
boundary, the land that you can legally build on.
CLERK KOWALSKI: Or the agricultural--
THE CHAIRMAN: I am not asking for it to be wiped out;
I am asking for it to be hyphenated all the way down, so in a
hyphenated lot we are not looking at it. That is an overlay..
That is not a --
MR. BRUER: I don't know if that is the case or not.
If it is, that is one thing-- I'll do it if I have plenty of
time, but I don't have a lot of time.
THE CHAIRMAN: If it doesn't happen, it doesn't
happen. Just so long as--
MR. BRUER: I'll give it to you someday maybe because
we are probably going to get, you know-- This, I am told, Mr.
Stiefer advises me today there is some coachmen here. This
gentleman here he said has put a fence up and the road is
definitely on this property now.
MRS. SAYRE: And I am saying this map shows the
right-of-way here on his property, and on my map it shows it
not. So that's where the problem is.
ZBA HEARINGS 56 June 22, 1993
MR. BRUER: We have 185 from Arcari (phonetic) who
owns this whole big tract over here as a major subdivision,
which shows this entire right-of-way on this property.
MRS. SAYRE: That is why I wrote my letter. I didn't
want you to act on lt.
~ MR. BRUER: We are going to ask the Board to act on it
with or without the settlement because we are going to take the
property, however the courts say it will; and from our point of
view, the worst that can happen is if they give the plaintiffs
their just due, we will lose 16 feet; and as far as we are
concerned, that is acceptable for our purposes for the use and
enjoyment of this property. Whether we have it this way or that
way, as far as we are concerned, --
THE CHAIRMAN (interposing): In other words, 16 feet
isn't going to make that much difference.
MR. BRUER: Not on 13 acres.
THE CHAIRMAN: Right.
MR. BRUER: We are talking about blind and retired
children --they are not children-- adults, who will be enjoying
this as a summer home. Whether they got 16 feet is not going to
make any difference.
THE CHAIRMAN:
MRS. SAYRE:
THE CHAIRMAN:
Okay.
Thank you.
You're welcome.
Have a lovely evening.
ZBA HEARINGS
57
June 22, 1993
MR. BRUER: As I pointed out to the Planning Board,
you don't have to worry about extra parking because they don't
drive.
BOARD OF APPEALS
rTOWN OF SOUTHOLD
NOTICE OF
NOTICE IS HEREBY!
GIVEN, pursuant to Section !
267 of the Town Law and the
Code of the Town of
Southold, that the following
public hearings will be held by
the SOUTHOLD TOWN
BOARD OF APPEALS, at
lhe Southold Town Hail,
53095 Main Road, Southold,
New York 11971, on THURS-
DAY, JULY 22, 1993, com-
mencing at the times specified
below:
1.7:32 p.m. Appl. No. 4172~ '
To reconvene hearing in the~
Matter of JANET A.
FERGUSON (continued from
June 22, 1993): Central
Avenue, Fishers 'Island,' NY;
County Tax Map Parcel ID
No. 1000-066-08-006.,
2. 7:35 p.m. AppL No. 4182-
KELLY McDERMOTT. '
Variance to the Zoning Or-
dinance, Article IliA, Section
100-30A.3 (Bulk Schedule) for i
permission to eXpand house
and accessory garage which
will . exceed the. 20~/0 lot I
coverage limitation. Property
Location: Northeasterly cor-
ner of Oysterponds Lane and
Skipper's Lane (a/k/a State
St.), Orient, NY; County Tax
Map Parcel ID Ne
1000-24-1-8. This property
contains an area of 8710+ sq.
ft. and is located in the R-40
Residential Zone District.
3.7:40 p.m. AppL No. 4179-
THOMAS D. DUFF, JR.
AND ELAINE ' DUFF.
-Variance to the Zoning Or-
dinance, Article III, Section
100-32B for permission to
construct deck addition along
west side of existing dwelling
with a reduced side yard set-
back. Property Location:
South side of Crescent Avenue
(North Hill), Fishers'
Island,NY; bounded west by~
Nitze; east and south by
Zabohonski; County Tax Map.~
Parcel ID No. 1000-6-2-3.,2;~
also referred.to as Lot 25 on
the unfiled "Map of Henry
Walsh7 This parcel is noncon-
forming at 1.003+ acre in an
R-80 Zone District.
4. 7:45 p.m. Appl. No 4160-
SUSAN TASKER. Variance to
the Zoning Ordinance, Article
XXIII, Section 100-239.4A for
permission to locate dwelling ~
structure with a reduced set-
back ~ the bank or bluff
of the~l. Sound. Property
Location: 58235 C.R. 48,
Greenport, NY: County Tax
Map Parcel ID No.
1000-44-2-11. This parcel is
nonconforming at 5,775 sq. ft.
in this R-40 Zone District.
5. 7:50 p.m. Appl. No. 417%
JAMES ~.P~ and EILEEN.
LEDDY. Variance to the Zon-
ing Ordinance, Article XXIV,
Section 100-244B (pertaining
to nonconforming lots) and
Bulk Schedule, for permission
to construct front porch addi-
tion with a reduced front yard
setback at 195 Mary's Road,
Mattituck; County Tax Map
Parcel ID No. 1000-140-2-36:
6. 7 55 p m. Appl. No. 4178,
JAMES AND DOROTHYI
FITZGERALD. Variance to
the Zoning Ordinance, Article '
XXIV, Section 100-244B
(schedule pertaining to non-
conforming lots) for pennis- I
sion to contruct open deck ad-~
dition with an insuffieient~[
rearyard setback. Property,,
Location: Southwest corner-
Intersection of Oak Drive and
Haywaters Drive, Cutchogue;
County Tax Map Parcel ID
No. 1000-104-5-25,.This parcel
is nonconforming at 19,602+
sq. ft. in this R-40 Zone
District.
7. 8:00 p.m'. Appl. No. 4180-
JOAN AND ROY BERMAN.
Variance to the Zoning Or-
dinance, Article ILIA, Section
100-30A.3 for permission to,
construct addition to ac-
cessory storage-garage
building which was recently
altered under Permit No.
20895 issued 8/18/92. Pmpos-
addition WOuld i~educe th~?
ed
required frOntyard setbac~
and would be in e~cess of 20%
lot coverage limitation for all
buildings. Property Location:
520 Rabbit Lane, East Marion,
NY; County Tax Map Parcel
ID No. 1000-31-18-11. This
property is nonconforming at
2614+ sq. R. in this R-40 Zone
District.
, 8. 8:05 p.m. Appl. No. 4039-!
CL~FFSIDE ASSOCIATES
INC. (Owner). This is a re-
quest which concerns the
April 26, 1991 and April 9,
1991 Notices of Disapproval
issued by the Building Inspec-
tor concerning an application
for permit to include kit-
chenettes in motel umts c~tmg)'
Article III, Section 100-13
which is the Definition Section
of the Zoning Code pertaining
to the April 9, 1991 b~e of
Disapproval which~ads,
"...hotel or motel transient
which says in part that there
will be no cooking
facilities...;' and pertaining
to the April 25, 1991 Notice of
Disapproval which reads,
"...hotel or motel resort. Ac-
tion required by Zoning Board
of Appeais to permit cooking
facilities in individual motel
units.. :'
The subject premises
previously had received a con-
ditional determination for a
Special Exception file¢
11/28/89 under Application
No. 3542 for use of the
premises for 68 motel units
without individual kitchen-
ettes or dwelling uses. Loca-
tion of Property: 61475 C.R.
48, Grecnport, NY; County
Tax Map Parcel ID No.
1000-045-01-001 and 002 (now
2.1), containing approximate-
ly 7.5 acre. The subject
premises is located in the
Resort-Residential (RR) Zone
District.
9. 8:10 p.m. Appl. No. 4iS1-
AABR REALTY Facilities
Holding Corp., a Type C Not-
For-Profit Corporation (now
or formerly known as
"Association for the Advance-~
ment of Blind and Retarded,fl
lnc2') as Contract Vendee, re-
quest a Special Exception as
per the Southold Town Zoning
Code, Article III, Section
100-3lB for use as a philan-
thropic home as provided by
Subsection 5 thereof. Proper-
ty Location: South side of
Middle Road near the end of
Highway 48, House No. 6760,
Mattituck, NY (present
owners: Joseph and Patricia
Stiefer). County Tax Map
Parcel ID No. 1000-~21-4-8.1, 'i'
containing 13+ acres.
I0. 8:20 p.m. Appl. No.
4183- JOHN AUSTINE.
Variance to the Zoning Or-'
dinance, Article IliA, Section
100-30A.4 for permission t0~
locate accessory one-story
garage building partly in the
side yard with a setback at ap-
proximately five feet from the
southerly side property line.
Location of Proerty: 3735
Deep Hole Drive, Mattituck;
Lot No. 54, Map of Deep Hole
Creek Estates. County Tax
Map Parcel ID No.
1000-115-16-20. This property
~s substandard in size at 21,710
sq. ft. in this R-40 Zone
Distric~3011. pm Appl Noi
CENTER, INC., and
WILLIAM GOODALE.
Variance to the Zoning Or- ..,~
dinance, Article XXI, Section.'
100-212B for relief from the
front yard landscaping provi-
sions of the zoning code.
-Location of Property: 7655
NYS Route 25 (Main Road), ~
Laurel, near Mattituck, NY;
County Tax Map :parcel No..
1000-122-6-30.1 (previously
30).
12. g:30 p.m. FINAL,
HEARING on Appl. No. I
4119SE-MATTITUCK AUTO
CENTER, INC. and· i
WILLIAM OOODALE~
Special Exception to the Zon-
ing Ordinance, Article X, Sec-
tion 100-10lB(12) for a permit
authorizing: (a) a new car
sales-rental establishment; (b)
an establishment of an ac-~
eessory use ineidental to the
proposed new car sales
establishment for the sale~
and/or lease of used vehicles;
(c) outside display of vehicles
for sale; (d) accessory office
use ineidental to the new prin-
eipal use as a new car sales
establishment. Location of
Property: 7655 Main Road
(NYS Route 25), Laurel, near
Mattituck, NY; County Ta~
Map Parcel ID No~
1000-122-6-30.1.
The Board of Appeais will
at said time and place hear any
and all persons or represen-
tatives desiring to be beard in
the above matters. Written~
comments may also be sub~
mitred prior to the conclusion
of the subject hearing. Each
hearing will not start before
the times designated above. If
you ~vish to review the files or
need to, request more informa-
tion, please cail 765-1809 or
visit our office.
Dated:' July 6, 1993
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By: Linda Kowalski
IX-7/8/93(16)
COUNTY OFSUFF~K
SS:
S['AI'E OF NEW YORK
Patricia Wood,· being duly sworn, says that she is the
Editor, of. THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
an.~J that the notice of which the annexed is a printed copy,
has heen .published in said Long Island Traveler-Watchman
once each week for, ~ . i'......: .... .... ........./ weeks
successively, commencing on thc ......................
.., 19'. ?.~.. ' '
Sworn to before me Ihis °~ '~f ' clay of
· ........
Nolary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, Stale of 1','2w York
No. 4806~,46
Qualified in Suffclk County
C~mmissioo Expires
APPEALS BOARD MEMBERS
Gerard R G°ehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr. '
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
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
July 6, 1993
TO WHOM IT'MAY CONCERN:
Enclosed with this letter is a copy of the'Legal Notice, as
published in the Town's official newspaper (Long Island
Traveler-Watchman, Inc. located in Southold, NY). The Legal
Notice outlines a generalized, description of the relief or use
requested in your application, the location of the property, and
the time, date and place of the public hearing.
Please have someone appear in your behalf at the time
'.specified in the event there are questions (and to prevent a
delay in finalizing your application). Your public hearing will
not start before the time allotted in the attached Legal
. Notice. Additional time will/ of course, be available.
If your presentation is lengthy, a draft or final written copy is
· always appreciated.
· In the event you wish to amend your application to include
other relief and other sections of the Code to be considered, you
must file separate application forms, obtain a new Notice of
Disapproval from the Building Inspector, and submit the
additional filing fee. You must notify our office prior to the
advertising Of the present application for the amendments. Once
the application has been advertised, a separate application would
be then be required for additional relief.
Please feel free to call our office if you have any
questions or wish to update your file prior to the hearing date.
Yours very truly,
Enclosure Linda Kowalski
copies of the Legal Notice of Hearings
following on 7/6/93:
Stephen L. Ham III, Esq.
45 Hampton Road
Southampton, NY 11968
Mrs. Kelly McDermott
p.O. Box 2002
orient, NY 11957
En-Consultants, Inc.
1329 North Sea Road
Southampton, NY 11968'
Mr. and Mrs. James P.
29 Bradford Lane
Bethpage, NY 11714
Leddy
Rudolph H. Bruer, Esq.
Main Road - Box 1466
Southold, NY 11971-1466
Mr. and Mrs. Thomas Duff~ Jr.
34 Hunter Road
Manchester, CT 06040
for 7/22 sent to the
Re: Ferguson
Re: Tasker
Re: AARB
Mr. and Mrs. Roy Berman
79 Mackey Avenue
port Washington, NY 11050
Richard T. Haefeli, Esq.
184 Main Street
P.O. Box 1112
Westhampton Beach, NY 11978
J. Kevin McLaughlin, Esq.
1050 Youngs Avenue
Southold, NY 11971
Ardnt Construction
64 Circle Drive North
Patchogue, NY 11772
Re: cliffside Associates
Re: Goodale/Mattituck Auto
Re: Austine
Re: Fitzgerald
Proper-T Services, Inc.
P.O. Box 617
Cutchogue, NY 11935
L.I. Traveler-~atchman, Inc. - Times-Review courtesy copy
'ZBA Board Memb=rs with copies of each pertinent file
Town Clerk Bulletin Board (in lobby)
Building DePartment Attn: C. Horton
Planning Board%Chairman R. Ward
Town Attorney 4. Arnoff
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATE:
RE:
Zoning Board of Appeals
Office of the Town Clerk
June 30, 1993
ZONING APPEAL APPL. NO. 4181 - AABR REALTY FACILITIES
HOLDING CORP.
Transmitted herewith is Zoning Appeal Appl. No. 4181 - AABR REALTY
FACILITIES HOLDING CORP. THE Notices to Adjacent Property Owners,
the Zoning Board of Appeals' Questionnaire, the Short Environmental
Assessment Form, a copy of the Certificate of Occupancy, a copy of
the deed, and a copy of Stiefer Plat Land Division.
Judith T. Terry
Southold Town Clerk
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Ri chard C. Wilt0~
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
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
June 30, 1993
SEQRA UNLISTED ACTION DECLARATION
Appeal No. 418l Project Name: AABR Realty Facilities Holding Corp.
County T~ Map No. 1000- 121-4-8.l
Location of Project: S/S Middle Rd., House #6760, Mattituck, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Use as a philanthropic home
This Notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental Quality
Review Act of the Environmental Conservation Law and Local Law #44-4 of
the Town of Southold.
An Environmental Assessment (Short) Form has been submitted with the
subject application indicating thak no significant adverse environmental
effects are likely to occur should the project be implemented as Planned,
and:
{ } this Board wishes to assume Lead Agency status and urges
coordinated written co~ents by your agency to be submitted with the next
20 days.
{ X} .this Board has taken jurisdiction as Lead Agency, has deemed
this Board of Appeals application to be an Unlisted SEQRA Action, and has
declared a Negative Declaration for the following reasons:
a. An Environmental Assessment has been submitted and evaluated, and/or
b. An inspection of the property has been made, or
c. Sufficient information has been furnished in the record to evaluate any
possible adverse affect of this project as filed, and/or
d. This application does not directly relate to new construction or
on-site i~provements.
{ } this Board refers lead agency status to your agency since the
Board of Appeals does not feel its scope of jurisdiction is as broad as
the Planning Board concerning site changes and elements under the site
plan reviews. The area of jurisdiction by the Board of Appeals is not
directly related to site improvements or new buildings. (However, if you
do not wish to assume lead agency status within 15 days of this letter, we
will assume you have waived same, and we will be required to proceed as
Lead Agency.)
For further information, please contact the Office of the Board
Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809.
of
Edson and Bruer
July 1, 1993
Zoning Board of Appeals
Town Hall
53095 Main Road - BOX 1179
$outhold, N.Y. 11971
ATT: Linda
Re: Special Exception AABR
Dear Linda:
In connection with the above, enclosed please find the following:
1. Internal Revenue letter of August 22, 1984 identifying AABR Realty
Facilities Holding Corp. as a tax exempt organization.
2. Copy of Certificate of Incorporation of AABR Realty Facilities Holding
Corp. approved by the Honorable Angelo Graci on December 12 1982
3. Internal Revenue Service letter dated April 29, 1958 confirming AABR,
Inc. 's exempt status
4. Certificate of amendment of the Certificate of Incorporation by
theCommissioner of Education for AABR, Inc. certified by the New York Board of
Regents.
The above is submitted to you as proof of the due incorporation of the applicant
and its affiliate corporation and that they are a philanthropic organization as said forth
in the Southold Town Section 100-31 B (5).
RB/fg
' / udo h .. B er
!
P.O. I~,x ]r~, G~O 8~ ~,~ I~.. I1~2
o,,,.: ' AU8 2 2 1984
Cear ~ppllcant:
Based on inFo,mat!on supplied, and assumt~ your operations will be
as -~teteO in your application for ~cognltion of exemption, we ~
datelined you ~ exempt f~m Federal lr~cze t~x unde~ t~ pmv~l~ o~
the ~ternal ~venue ~de section tnole~ted above.
Unless specifically excepted, you are 1table for taxes un,er the
Federal Insurance O~ntrlbutlons Art (social security taxes) for emoh
e~loyee to whom you pay $100 or moze duzir~ a calorie: year. A~d, unless
excepteo, you are also lfable for tax under the Federal Lhemployment Tax
~ct for each employee to whom you p~y S$O o: more duri~ a faler~ar quaxtm~
If, during the current or p~ceding calendar year, you had one or mo~e
e~,~lcyees at any ti~.e in each of ~ calendar ~eeks oz you ~alO wl~es O~
~l,~OG Or more in any caleadar qu~er. If ~Ou ~ve en~ ~estio~s ~
axe!ss, employment or o~az Federal t~ei, please add. ss th~m to ~s
office.
If your purposes, character, or method o? operation charge,
let us know so we can consider the erYect of this charge on your
st~us. Also, you shoulc Info~ us o¢ sllc. ha~es In your nzme o~ addz~s$.
' ~s Jlne ~ecked st the top o¢ this le~te~ shows w~he~ you
file ro~ ~ Return of Organization ~e~t from ~e Tax. I? t~
line ts chewed, you are only ~qut~d to file Fo~'~C t? you~
~ceipts each .year s~ no,ally mo~ then ~IO, OOC', o~ $25,000 ?0~
ended on o~ after ~c~be~ )1, ~62. If a ~turn Is ~md, ~t
?~lec by tt~ l~th d&y o? tt~ ?17~ mor~h aKter tt~ erJ o?
accenting pe~ioo; ~e lsw p~vfdes for a penalty of ~1C a d~y,
m;xlK~m of ~5,000, when a return is f/leO late, unless tPma Is'
cause for the dolly. ~fs penslty may also be ~a~ed t? a ~urn
c~.plete. So, please make sure your return Is co,plate be?o~ you
Letter ~(~)
J
CERTIFICATE OF INCORPORATION
- of -
AABR REALTY FACILITIES MOLDING CORP.
Pursuant to Section #402 of the
Not-for-Profit Corporation Law
We, the undersigned, Max Posner and Martha Rosen, for the
purpo6e of forming a corporation under Section 102(a)(5)
of the Not-for-Profit Corporation Law, hereby certify as
follows:
1. The name of this corporation is AABR REALTY FAClL1TIZ~
MOLDING CORP.
2. This corporation is a corporation as defined in Section
102(a)(5) of the Not-for-Profit Corporation Law. This
corporation is a Type C corporation under the Not-for-
Profit Corporation Law, formed not for pecuniary profit
or financial gain and exclusively for charitable purpolei
within the meaning of Section 501(c)(3) of the Internal
Revenue Code of 1954. This corporation's purposes shml~
be to achieve a lawful public or quasi-public objec~lvm'
as herein described:
(a) To purchase, take, or lease, or otherwise acquire
any land, buildings, easements of property, real
and personal and to hold such property for the u~e
of lawfully empowered not-for-profit corporationl
as administrative and/or residential or progr~m~e
facilities for the mentally retarded, provided thmt
this corporation shall not be empowered to operate
such facilities..
(~ Subject to the provisions of Section 202 of thm ~-
for-Profit Corporation Law, to receive, acquire, l~d
and maintain any property, real or personal wtth~Z
limitation as to amount of value,by way of gift,bequest,d~v~s~,
grant,purchase or lease,to invest and reinvest the same,and
pend or otherwise dispose of all or any portion of its funds
property,including the income,interest,or principal for such f~i~
ities and/or only for purposes permitted to be undertaken by
ization described in Section 501(c)(3) of the Internal
of 1954 as said section may'be amended from time to time.
This corporation shall have the following powers as a means tO
complishment of the foregoing purposes:
To exercise such powers which are now, or hereafter may be
by law, upon a corporation organized for the purposes
forth, or necessary or incidental thereto or conducive to
ment of the purposes of the corporation,subject to such
are hereinafter prescribed by law, or contained therein, Thm
of any power of the corporation shall be for purposes permitts4
undertaken by an organization described in Section 501(c)(~)
In~ernal Revenue Code of 1954 as said section may be amendmd
to time.
(a) : In furtherance of its corporation purposms,the
have all general powers enumerated in Section 202 N-PCL,~e~er
'with the power to solicit grants and contributions for
purposes.
(b) Nothing herein shall authorize this corporation,direczl~ ~N ~-
directly,to engage in or include among its purposes,a~
activities mentioned in Not-For-Profit Corporation
404(b-t).
No part of the assets,income or profit of the corporation '~
tributed to or may issue to the benefit of its
e~loyees,or other private persons~except to the extent
under the Not-for-Profit Corporation Law as reasonable
for services rendered in furtherance of one or more or all,el
purposes set forth in Article Two of the Not-for-Profit
the Board of Directors may determine.
5. No substantial part of the activities of the corporation
shall be the carrying on or propaganda, or otherwise at-
tempting to influence legislation, and the corporation
shall not participate in, or intervene in (including the
publishing or distributing or statements), any political
campaign on behalf of or in opposition to any candidate
for public office.
6. NotwithstandiNg any other provision of these articles,
this corporation shall not carry on any activity not
permitted to be carried on by a corporation exempt fr~l~
tax under Section 501(c)(3) of the Internal Revenue Code
of 1954 (or the corresponding provision of any future
United States Internal Revenue Law).
7. The principal office of the corporation is to be located
the county of Queens, city and State of New York.
8. The territory in which the activities of the corpora%ton
are to be conducted is the State of New York but prtncipm~l~
the City of New York.
9. The duration of the corporation shall be perpetual.
10.The Secretary of State, pursuant to S.402(a) (7)' is her~y
designated as agent of the corporation upon whom process
against it may be served. The post office address to wl~L~
the Secretary shall mail a copy of any process against
corporation served upon him is 164-09 Millside Aven~e,
Jamaica, New York 11432.
ll. 'Prior to delivery to the Department of State for filing,
all approvals or consents required by law, will be em~oxam4
upon or annexed to this certificate.
- 3-
13. The Board of Directors of the corporation shall consist
of five voting members unless otherwise fixed by by-law
adopted by the Board of Directors, but in no event .shall
the voting members of the Board of Directors numberless
· than three. The Board of Directors may appoint an
Executive Director who shall be an officer of the
The Executive Director shall hold office until the nex£
i Meeting of the Board of Directors and until his succeseoF has
been appointed and qualified. The Executive Director
I be an ex-officio and non-voting member of the Board °f
Directors so long as he serves as said Executive.
14:. The names,addresses and terms of office of the initial
ing directors of the corporation are as follows:
Name
Martha Rosen
Irving Rosen
Address
601E. 20th Street
New York, N.Y.10010
601E. 20th Street
New York, N.Y. 10010
Max Posner
67 Sprain Valley Road
Scarsdale, N.Y. 10583
Blanche Posner
67 Sprain Valley Road
Scarsdale, N.Y. 10583
3 Yea~a
Robert Gruber
43 Woodlake Drive
Woodbury, N.Y. 11797
3 YeaFs
- 4
15. The Board of Directors shall hold an Annual Meeting,
at such time and place as may be fixed in the by-laws,
for the purpose of electing voting directors :o fill
the vacancies next to occur, of receiving the report
specified in Section $19(c) of the NoT-for-Profit Cor-
poration Law, and of transacting any further businuss
of the corporation.
]6, Election of directors to new terms shall be by majoritF
vote of the existing Board at each Annual Meeting of
the Board of Directors.
17. Unless otherwise fixed by by-law adopted by the Board
of Directors the terms of office of each voting director
shall be three years beginning the date after the Annuml
Meeting.
18. Any vacancy on the Board of Directors occurring prior to
the scheduled end of any director's term shall be filled
by the remaining Board of Directors. Any such director
appointed to fill a vacancy shall serve only until the
next Annual Meeting of the Board of Directors at which
the election of directors is in the regular order of
19,
20.
.business, and until his successor is elected and
qualified.
To the extent permitted by law all powers of the cor-
poration are vested in the Board of Directors.
In furtherance and not in limitation of the powers coa-
ferred by statue the Board of Directors may designate
from among its members one or more committees, each ccm-
sisting of two or more directors, and each of which,
the extent provided in the resolution or by-laws and
the extent permitted by law, shall have all the authority
of the Board.
- 5 -
STATI
21. In the event of dissolution of the corporation or any
other event causing the assets of the corporation to be
distributed, the Board of Directors shall dispose of the
net assets of the corporation in accordance with the pro-
visions of the Not-for-Profit Corporation Law, firstly to
the Association for the Advancement of Blind and Ret&rdad~In~,
a Not-For-Profit New York Corporation, but if not possible,
all such assets may be distributed only to further the
purposes of the corporation expressed herein and only for
purposes permitted ~o be undertaken by an organization.dm-
scribed in Section 501(c)(3) of the Internal Revenue Code
of 1954 as said section may be amended from time to time,
subject to an order of a Justice of the Supreme CoUrt of
the State of New York.
IN WITNESS WHEREOF, this certificate has been signed by the
subscribers this 13th day of December, 1982.
Max P'6sn~r, as Incorp/~-ator
67 Sprain Valley Road
Scarsdale, N.Y.10583
Martha Rosen, '-ds
601 East 20th Street
New York, N.Y.10010
STATE OF NEW YORK) =
COUNTY OF QUEENS )s..:
On this 13th day of December, 1982, before me personally
MAX POSNER ~o be known and known to me to be the person described
in and who executed the foregoing Certificate of Incorpor&tlIn Of
Association for the Advancement of Blind and Retarded, Inc. and
he duly acknowledged to me that he executed.~f~__the same.
No'~T ~bl~ Sm~ ol N~ Xo~k
~ No.
OF NEW YORK)
OF Q~ENS ) ss.:
On this 13th da? of December, 1982, beforeme per~on.ll;
~T~ ROSEN to be ~o~ and kno~ to me to be the per,on
in and who exaetued the foregoing ~ert~fieate of Ineorpor~tl~ of
Association for the Advancemene of Blind and Retarded, Inc. ~nd sh~
duly acknowledged ~o me that she executed the same.
S~af~ of New York
York
STATE OF.NEW YORK)ss.:
CODINTY 03 QUEENS )
M~ POSNER, being duly sworn, deposes and says that he is
attorney for the subscribers of the foregoing Cer:ificate of
Incorporation of Association for ~he Advancement of Blind.and
Retarded,Inc.,and that no previous application for the approval
of the said Certificate by any
ever been made.
Justice of the S pr e Court
Max Posner
Sworn to before me this
13th Day of December,1982
I, B0~. AN~ELO G~C~ , a Justice of ~h~
Court of the S~a~e of New York~::r.~ Judicial District, do
mpprove of the foregoing Certificate of Incorporation of
AABR REALTY FACILIT%ES HOLDING CORP., and consent that the s~
be filed.
?IrE UlbR.~,?::llGi;2:~ ilLS IlO O~.~3'~TIOl~
TO TIID C-Rt, i:IiE: OF JUDICIAL
ApP?:OVAi, If-'.F,;:O!! .~.1~ ',VALVES
STATUT,P~:f
BON.. ANGELO GRA~I
STATE OF NEW YORK,
OFFIC~OF MENTAL RETARDATION/DEVELOPMENTAL DISABILZTI~
NEW YORK, NEW YORK
KNOt; ALL PERSONS BY THESE PP. ESENTS:
Pursuant to the provision Of Section 31.22 of The
Hygiene Law and Subdivision (q) of Section 404 of the
Npt-For-Profit Corporation Law, approval is hereby given
the filing of the annexed Certificate of Amendment of The
Certificate of Incorporation of
ASSOCIATION FOR THE ADVANCEMENT OF BLIND AND
This approval shall not be 'construed as an author~sm~
for Association for Advancement of Blind and Retarded, Inc.
to engage in any activity for'which the provisions of
Article 31 6f The Mental Hygiene Law requires an Opera~i~
Certificate issued by the Office of Mental Retardation
unless said coproration has been issued such Operating
Certificate; nor shall it be construed to eliminate the
need for the said corporation to meet any and all of the
requirements and condStions precedent set forth in
of such Law and the regulations promulgated the~under
the issuance of said Operating Certifi~at~
IN WITNESS N~EREOF this
is executive4 by The
Commissioner of the Offiue
Mental.Retardation and
Disabilities =his 6th daF
November, 1978.
By,
Internal Revenue Code
II~/'. JUL -,I ~3:, ;. - ' Inter,iai Rewenu~r%,k~o
L/.~i, · ,' ~, ~' ' "'1
J~!caj Ne~ ~ork 11432
29, i958 "
3)
t a p&rt 0£ your file.
The changes indicated do not adversely affe'o~ your ~xempt
nd the exemption letter issued to you continues in effect.
Please let ~s know about any future change in the 'character.
atp°se, method cf operation, name or ad~ress of your organization.
Ibis is a. reouirement for retaining your ~xampt statua. '.,
81nc'erely yours,
. Dis~ric= Director
Item Cha_~
Name
Association for The
A~vancem~n~ ~f BlinJ
Ch[ld=an,~Inc,
Purposes as per Cer:ificate o£ ~..ended d~:ed April 30,
with t~e'Sta:e of New York ueccmber ~0, 1974.
1974 amd £t~ed
Form L-215
ZUH 0~ '93 1~:~9 AoAoB.~.
JUL - 11993
· 'i'AT]~ OF NEW YORK )
{:~)UNTY O1~ ALBANY )
~onsent is hereby given to change of purposes of ASSOCIATION FOR
A.DYANCEMENT OF BLIND AND RETARDED, INC. ~ntained in the
~icate of incorporation ~ set forth in the annexed certificate of amen~
made ~dar ~d ~urs~t to ~ep~ovisio~ of section 803 of the Not-
~Profit Corporation Law.
~l~is consent to finns, however,'shaL1 not be construed as approval
the Bo~d of Regents, the Commissioner of £dueation or the State I~duea-
tloa Department of the purposes or objects of such corporation, not shall
It be construed as giving the officers or agents of sueh corporation, the
l'l~ht to use the name of the Board of Regents, the Commissioner of Eduea-
tl~ the University of the State of New York et the State Education Depart-
merit in its publ/eatio~ or advertisin~ matter.
IN WITNESS WHEREOF this instrun,ent
L~ executed and the seal of the State
£dueation Department is affixed this
~.?th day off November 1978,
Gordon M. Ambach
Robert D. Stone
Counsel and Deputy Cc~ ~missioner
for Legal Affairs
Puzsuant to Secticn #803 of the
.' Slot-for-Profit Corporat/gn..Law
~tmt-~e~xy, of ~tion for U~
.~tiOn Law Of th~ Statm of New Yerk, (now the Not-for-Profit
Law) for the purpose of amending and c~ the corporate powers
~f said corporation purmuan~ to Section ~803 of t~e No:-for-Profit
1. ~t the name of the corporation is: 3~iation for t. he
~f ~l~d and Petarde~, Zr~.
~ was: As _so~mt/~n far t. he A~t of ~ Cb~!dren, Inc.
2. ~e Certificate of Incorporat/on was fS_%e~ on the 5tln d~y
].956 at the office of the ~ecretary of State of t3m~ State of New Yo~k.
3. ~hat the ~ Certificate of incorpora~ion was am~nde~ by
with the Depa~h~mnt of State, Stat~ of New York, on April 20,
Dec~r~er 10, 11974 and on February 24,' 1976, ~xst~n= to
l~fc-far-P~fit Coq~ration Law.
]~xofit' Cozl~ration Law in subparagraph (a) of Section #102 (defini~/~)
of corporat/on it is urcler Section ,201 (Purposes) is
The following is the subject matter Of each provision of t_he
Incorporation which is to be amende~ or elimirat~
.t
']a) ~j:lu~atio~al an~ ~ha)r~t~h!e fx~.--t)os~ wit.bin the m~ O~ ~
¸' b)
e)
'
%501(c) (3) of the Lntarnal R~ven~e Ode of 1954.
To es+=~l(~h, operate and maint~(n a school for blind and s~
~t-~rl~rl cb~,)a~en ~ ~tl:e subjsot to ~,-,~ional ~ eduoa~
a~ of the Stat~ Board of Social w-1 fare shall be c~taime~
TO hol~, construct or acquire ~y ~u'c.~ase or o~he-~rise ~ I,
. ~ a~ ~al' p~--~y for ~%y ~esicter~ ~o be um~ ~'
h~e~els fox the re~ed bli~ an~ sight~d, 16 yeaws of a~e ~
and tm operate "opera=ion respi~e" ~ defined by ~ S*~%e
N~e ¥cmk ar~ its subdivisions.
e)
There shall be no inte=vent/on /n politJ~al
any candidate for public .office.
~ shall be no inurement to the benefit of any officer
bylaw.
~ mball be no su~sUmt-ial ~ of =he activities
canting on of pz~oaean~a or otherwise at'c=~ting-~
~ membar ar~ in =he ewn= o~ dissoluZion and
~ ~ ~ S~on 501(c) (3)
~n ~ fi]4~ of ~s C~fi~ ~ist of a
~t ~ ~ ~I ~ ~
a] ~t ~ for =~ ~e~l~n~Y
%501[c) (3) of ~ ~'~ ~ 1954.
c} ~ ~sh, ~a~ ~ ~n a
~n= ~ ~i~ ac~vi~es for ~e d~~tly
~~n of ~ p~ ~
~ly ~s~l~,16 y~ of age
g) TO receive dor~tions, contributions, bequests ar~ devises
raise funds an~ to do any and ail. thins necessary to
th~ foregoing purposes, ~ubject to S,~ 1/mitations as may
h') Thare shall be no m~stantial par~ of ~ activin/es
carrying on of p~a~a or other~i~ at~=~ng tm influ~
legislation.
i ) There sba!l be no int~_rven~ion in poliO%cai c~igns on
'"any candidate for ~.~lic office.
j ) ~.ere shall k~ ~o inuren~nt ~o the ben~fi= of a~y directs,
Profit Corporation Law, as r~a~o~k%ble ccmpensa=%on for
dered in furtharanCe of any or all of th~ purposes and ~
corporation, which ~mp~nsation sh~]l ~e ccm~nsurate wi~h
'k ) In the event of dissolution ar~ after Uhe payment of a)1 ~
and ]~h~lities, ail assets of the organization w~l! be
Section 50!(¢) (3) organiza~hnns.
1 ) That the cor~°ra~ion :_hall have ~l 1 the general ar~ s~
enumerated in SeCtion 202 of the Not-for-Profit Law in
of its corporate ~urposes, subject to the' limitations
vided by the N6t-f°r-p~Dfit Cor~orat-~ Law or any other
the State of New York or its certifi=ate of incorporation.
~LJi.~ 02, '93 13:11 AoAoB.R.
?. ~e Post Office a~dress within the S~ate to which the S~cre~ ~
$~ate shall mail a copy of any notice reTai~ed by Law is 164-09 Hillside
A~ue, Jamaica, New York' ~'~432.
8.' This amendment of the Certificate of Incorporation w~s duly au~M~-
~ atthe arm,3~) ~eting of the m~mbership of the corporation on Dmo~! 1!
1977., a quon~ k~_tng present, by =he unania~us vote of ~ll the
9, The Ce~c/ficate of Incozporation and all ame~__._~_ certifica~
at*~h~d thereto the approval of a Justice of ~h~ N~ York State
Court. Prior tm delivery of ~ Certificate of Amandment ~ the
State De~'~_~t of State for filJ_ng, t_he approv~]~ or consents thex~%D, ~id
my ~ r~ ~ law, '~11 ~ ~z~ ~n ~ ~ m~ f~
IN W~TNESS ~, We have si~ned this cer~ficate on the 25~h 4~ ~
September, 1978.
~ S~hac~t, President
~ca~ of New York )
: SS
~ounty of O~ns )
Glesner cl Jones, 'Jr., ~ auly ~rn de~e~ and says that
~ssistant Secretary of Association for the ~~t of Blind and
I~c., t_he corporation named in and described in t_he foregoing certificate.
That he has read the foregoing certificate a~d knows the content~
sta~e~ ~ be aii~ upon informa~on ano eerie , to those
~elieves it tm be tr~e.
JC~,~, JR.'
~ to before me this
~6th day of September, 1978
cc~n~ of Queens )
~elia Schacht, being duly ~ deposes and say~ that she' is t~
President of Association for the Advancem~r.% of B1/n~ ar~ Retarded, zn~..
the corporation named in ar~ described Ln the foregoing certificate.
~e has read the foregoing certificate a~&~ knDw~ the cont~n=s thereof,
that the same is true of her own knowledge, except th6se ~at~er~ therein
stated to he alleged u~on information and belief, ar~ as tm those
she believes it to be true.
DEr/A
S~rn to before me %his
26th day of Sep~wt~, 1978
~rAX POSNi:,R
a Justice of the Supre~ Court of th~ State of Ne~ York, Eleventh
District, do hereby a99rove the foregoing Certificate of ~n~ent of
~ ~ of the As~ciation for the ~~= of Bli~
a~ oonsen~ that the sam~ ~e filed.
JUSTICE OF ~E SUPN~E C0UR~
(X~ ~E S~TE GF NEW YO~K
STATE OF NEW YORK~
OFFICE OF MENTAL RETARDATION/DEVELOPMENTAL DISABILITIES
NEW YORK, NEW YORK
KNOW ALL PERSONS BY THESE PRESENTS:
Pursuant to the provision of Section 31.22 of The Me~
Hygiene Law and Subdivision (q) of section 404 Of the
~ot-For-Profit Corporation Law, approval is hereby given tO
the'filing of the annexed Certificate of Amendment of The
Certificate of Incorporation of
ASSOCIATION FOR THE ADVANCEMENT OF BLIND AND RETAPd)~D, INC.
This approval shall not be construed as an .authoriza~l~
for Association for Advancement of Blind and Retarded, Inc.
to engage in any activity for which the provisions of
Article 31 6f The Mental Hygiene Law requires an Operating
Certificate issued by the Office of Mental Retardation
unless said coproration has been issued such Operating
Certificate; nor shall it be construed to eliminate the
need for the said corporation to meet any and all of the
requirements and conditions precedent set forth in Article )~
of such Law and the regulations promulgated thereunder for
the issuance of said Operating Certificat~
IN WITNESS W~EREOF this inst~n~
is executived by The Associate
Commissioner of the Office of
Menta.1 .Retardation .and
Jennifer L. Howse, Ph.
Associate Commissionmr
Count~ Service Group
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
SEQR
PART I--PROJECT INFORMATION ~'o be completed by Applicant or Proiect Sponsor)
$. APPLICANT ISPONSOR ~.~. R~st~T~ EAC[L]~TIES ~ 2. PROJECT NAME
HOLDING CORP. , 1 SPECIAL EXCEPTION
3. PROJECT LOCATION:
Munlei.alttv Mattituck County Suffolk
6760 Sound Avenue, Mattituck New York 11952
[] Sew [~ E~.an~i~n ~] Mocllflcatlon/aNeratio.
Premises to be occupied by no more than eight handicapped people' plus three
supervisory personnel.
One family dwelling farms including horse farms
STATE OB LOCAL}?
SEE ATTACHED CERTIFICATES OF OCCUPANCY
12. AS A RESULT OF PROPOSES ACTION WILL EXISTING PER'lIT/APPROVAL REQUIRE NIODIFICATICN?
I CERTIFY THAT THE INFORMATION PROVIOEO ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Date:
the action is in the Coastal Area, and you are a state agency, complete tJ~e
Coastal Assessment Form belore procoeding with this assessment
OVER
1 .(Continued on reverse
06/25/93
side)
The N.Y.S. Environmental Quality Review A
(a} ~n order to answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It, is apt expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be sig-
(c) If all questions have been answered No it is likely that the
project is not significant.
(d) Environmental Assessmen~
1. Will project result in a large physical change
to the project site or physically'alter more
than 10 acres of land?
2. Will there be a major change to any unique or
unusual land form on the site? Yes ~ NO
3. Will project alter or have a large effect on
an existing body of water?
4. Will project have a potentially large impact on
groundwater quality? - Yes ~ No
5. Will project significantly effect drainage flow
on adjacent sites?
. Yes ~ No
6. Will project affect any threatened or endang~ered
plant or animal species? . Yes ,~No
7. Will project result in a major adverse effect on
air quality? Yes ~.No
8. Will project have a major effect on visual char-
.. known tb be important to the community? . _ Yes ~No
9. WIll project adversely impact any site or struct-
ure of historic, pre-historic, or paleontological
importance or any site designated as a critical
~0. Will project have a m~jor effect on existing or
future recreational opportunities? Yes ~No
11. Will project result in major traffic problems or
cause a major effect ~o existing transportation
.__Yes ~ No
12. Will project regularly cause ob~ectto,able odors,
.. ante as a result of the project's operation? ~Yes ~ No
13. Will project have any impact on public health
or safety7
14.Will project affect the existing community by
directly causing a growth in permanent popula-
tion of more than 5 percent over a one-year .___Yes
period o_~r have a major negative effect on the
character of the community or neighborhood?
15. ~S there ~
project? the
"reparer0s Slgnature,~~~___~ .___Yes ~Wo
QUESTIO~;AIRE
FOR FILI~G WITH YOUR Z.B.A. APPLICATIOM
A. Please disclose the names of
the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached.)
Mr. and Mrs Joseph Stiefer OWNERS
AABR R~a]tv Fa~f]~te~ ~o]d~n? Cot? CONTRACT VENDE~
B. Is the stubject promises listed on the real estate market ~or
- sale. or being shown to prospective buyers? {XX} Yes
{ } No.
C. Are there ar~fl=ropo~ala to u~ange~ alter land conto'~?
{ } Yes ~x} No
D. 1. Are there any areas which contain wetland grasses? NO
2. Are the wetland areas shown on the map submitted with
this application? NO
3. Is the property bulkheaeed between the wetlands area and
the upland building area? NO
4. If your property contains wetlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction? NO
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? N.A. (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fen~ss
which e~t ~/~d are not ~how~ on the survey map that you a~
submitting? Y~ES I~ no. ne exist, please state "none."
(unknown at this time)
G. Do you have any construction taking place at this time
concerning your premises? NO If yes, please submit, a copy
of your building permit and map as approved by the Building
Department. If none, please state.
H. Do you or any co-owner also own other land close to this
parcel? NO If yes, please explain where or submit copies
of deeds.
I. Please list present Use or operations conducted at this
parcel ONE FAMILY DWELLING and
proposed use DWELLING TO BE OCCUPIED BY EIGHT HANDICAPPED PEOPLF, AND THREE SUPERVISORY.
6/55/93 - .
t ate
3/87, 10/901k
§ 97-13
WETLANDS § 97-13
TOWN -~ The Town of Southold.
TRUSTEES -- The Board of Trustees of the Town of
Souchold. [Added 6-5-84 by L.L. No. 6-1984]
WETJ--~XrDS (Amended 8-26-76 by L.L. No. 2-1976: 3-26-
85 by I.l. No. 6-1985~: ~'L~"'.'~' ' '?
· ~IDAL WETLANDS:
(1) All lands generally covered or intermittendy cov-
ered w~th. or which border on. tidal waters, or lands
lying beneath tidal waters, which at mean low tide
are covered by tidal waters to a maximum depth of
five (5) feet. including but not limited to banks.
bogs. salt marsh, swamps, meadows, fla~ or ocher
low lying lands subject to tidal action;
(2)
All banks, bogs. meadows, fiats and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the following:, salt hay, black
grass, saitworts, sea lavender, t~ll cordgrass, high
bush, cattails, groundsel, maxahm~llqw a~d low
vn~r~l e. ord~rnn~ ~ nd/glr
(3}
All L-md immediately 2djacent to a tidal wetland as
defined in Subsection A(2} and lying within seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetlan~l.
FRESHWATER WETLANDS:
(I) "Frcs.hwater wetlands" as defined in Article 24, Ti-
tle 1, § 2.1-0107, Subdivisions l(a) to l(d) inclusive,
of the Environmental Conservation Law of the State
of New York: and
(2)
All land immediately adjacent to a"frcshwater wet-
land." as defined in Subsection B(1) and lying with-
in seventy-five (751 feet landward of the most land-
ward edge of a "freshwater wetland."
·
9705 z..~.ss
WARNING:
NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE OR PURCHASE
OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW {"PLAIN
ENGLISH')·
CONSULT YOUR LAWYER BEFORE SIGNING IT.
NOTE: FIRE AND CASUALTY LOS8
Th/s contract form does not provide for what happens in the event of fire or casualty loas before the
title closing. Unless different provision is made in this contract, Section 5-1311 of the General
Obl/~at/ons Law will apply. One part of that law makes a purchaser responsible for fire and casualty
loss UPon t~ldng title to the premises.
CONTRACT OF SALE made tiffs ,y of Ma~, 1993
BETWEEN JOSEPH STIEFER and PATRICIA STIEFER, husband and Wife
tddress: 6760 Sound Avenue, Mattituck, New York, 11952
hereinafter called "SELLER", who a~rees to sell;
and AABR REALTY FACILITIES HOLDING CORP.
Address: 164-09 Hffiside Avenue, Jama/ca, New York, 11432
hereinafter called "PURCHASER" who agrees to buy the property, including the buildings and
improvements thereon {the "PREMISES"), more fully described on a separate page marked "Schedule
A, ' and also known as:
Street Address: 6760 Sound Avenue, Matt/tuck, New York, 11952
Tax Map Designation: 1000 - 121.00 - 04.00 - 008·001
FoEether with the SELLER'S interest, if any, in streets and unpaid awards as set forth in parasraph
9.
The sale also includes all fixtures and articles of personal property attached or used in connect/on
with the PREMISES, unless specifically excluded below. SELLER states that they are paid for and
owned by the SELLER free and clear of any lien other than the EXISTING MORTGAGE(S). They
include but are not limited to plumbing, heating, ~ cookh~ fixtures, bathroom and
kitchen cabinets, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows,
window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery, fencin&,
outdoor statuary, tool sheds, dishwashers, washing machines, clothes dryers, Earbage disposal units,
ranges, refrigerators, freezers, air-conditionln~ equipment and installations ---' ..........
~, .m~. l~.st~nt hot and cold ~ater and ~ll ceiling fl~tu~ except Wate~or~! dinir~ ~oom
,_l!~u~e ~laced bll owner~to the .extent s~me now exists on the subiec~ ure.~'--- '
· ,. .....
Excln/ted from this sale are: Furniture and household furnishings
· (a) The purchase price is
Payable as follows:
On the signing of this contract, by check subject to collection: /P16,000.O0
By allowance for the principal amount still unpaid on EXISTING MORTGAGE{S): ~0.00
By a Purchase Money Note and MortEage from PURCHASER (or assigns) to SELLER: $0.00
BALANCE AT CLOSING:
f~414,000.00
3. All money paid under this contract unless otherwise specified, shall be either:
a. Cash, but not over one thousand ($1,000.00) Dollars.
b. Good cart/fled check of PURCHd~ER, or official check of any bank, savings bank, trust
company, or savin~s and loan association having a bank/n~ office in the State of New York, payable to
the order of the SELLER, ~- +~ ,t._ :r-c- of PU~CP_5_~_~P_ ~-d fl'.:!S'
~ . ~ ~ ~_y .-- ........
...... r ....... : .... :.- -" -' L '_ _' ~ ' _"
e, Money other than the purchase price, payable to Seller at Closin& may he by check of
PURCH&gER up to the amount al'Five Hundred ($$00.00}) dollars, or
d. Aa otherwise ~reed to in writin~ by SELLER or SELLER'S attorney.
4. The PREMISE8 are to be transferred subject to:
a. Laws and governmental regulations that affect the use and mtdntenance of the Pram/sss,
provided that they are not viol.atari by the bu/ld/n~o and improvements erected on the PREMI~.~..
pJl~iC;l~sea~u~t, for the erection of any structure on, under or above any streets on which the
c. Encroachments of stoops, areas, cellar steps, trim and cornices, ff any, upon any street or
d. An~] state oj~ fact~ an accurate surve~ mag show provided that title i~ net rendered
urun~'ketn~ls
e. Co~enant~ and rostrtctione a~ recorded in L~sr 96?4page 434.
~ Commitm~nt oj~Land ~o ContinuedAgricuitural Production in Liber lOS$4page 5~6.
g. Utilit~ ec,-ementa, ~f an~.
h. Tho ~ction brought in $~ffoik Count~ under number 8?-$670 wherebll an a~ointn~
properi~ owner elalnt~ upproximatel~] 16 .~set o~ tho westerly] portion o~ the subject parcel
5. SELLER shall give and PURCHASER shall accept such title as any reputablo title inaur~nce
~ompan~ doing business in E~ffolk Count// und a member of The New York Board of Title
Underwriters will be w~ to approve and insure in accordance With their standard form of title
policy, subject only to the matters provided for in this contract.
6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other
under this contract, including the payment of the purchase price to SELI,~R, and the delivery to
PURCHASER of a bargain and sale deed with covenant against grantoFs act4 in proper
statutory form for recording se as to transfer full ownership (fee shnple fire) to the PREMISES, free of
all encumbrances except as herein stated. The deed will contain a covenant by SELLER as required
by Section 13 of the Lien Law.
If SELLER is a corporation, it will deliver to PURCHASER at the flme of CLOSING (a) a resolution of
its Board of Directors authorizing the sale and the delivery of the deed, and (b) a certificate by the
Secretary or Assistant Secretary of the corporation cerflfy/ng such resolution and setting forth facts
showin~ that the transfer is in conformity With Sect/on 909 of the Business Corporation Law. The
deed in such case shall contain a recital sufficient to establish compliance With that section.
7. CLOSING will take place at the office oJ' William H. Price, Jr., F~q., 828 Front Btreet,
Oreenport, JYeW York, or off/ce of the lender's attorney on ~l~~::ilIM~~
~~ August 25, 1993.
8. PURCHASER hereby states that PURCHABER has not dealt With any broker in connection w/th
this sale other than FIRST TOWNE REALTY and SELLER a~rees to pay the broker the corem!salon
earned thereby (pursuant to a separate a~-eement).
9. This sale includes all of the SELLER'8 ownership and rights, ff any, in any land lying in the bed of
any street or highway, opened or proposed, in front of or adjoining the PREMISE~ to the center line
thereof. It also includes any right of the SELLER to any unpaid award by reason of any tsde/ng by
condemnation and/or damage to the reason of change of grade or any street or highway. SELLER will
deliver at no additional cost to PURCHASER, at CLOSING~ or thereafter, on demand, any documents
which PURCHASER may require to collect the award and damages and thb provi~ion~ expreullA
survtoes CLOSINg.
10. SELLER agrees to deliver to PURCHASER at CLOSING a certificate dated not more than thirty
[;30) days before closing signed by the holder of each existing mortgage, in form for recording,
certifying the amount of the unpaid principal and interest, date of maturity, and rate of interest.
SELLER shall pay the fees for recording such certificate. If the holder of a mortgage is a bank or
other institution as defined in Section 274-a, Real Property Law, it may, instead of the certificate,
furnish an unqualified letter dated not more than thirty (30) days before CLOSING containing the
same information. Seller hereby states that any EXISTING MORTGAGE will not be in default at time
of CLOSING.
11. a. SELLER wi]i comply with all notes or notices of violations of law or municipal ordinances,
orders or requirements noted in or issued by any governmental department hav/ng authority as to
lands, housing, buildings, fire, health and labor conditions afl'ectir~ the PREMISE8 at the date
~e PREMISE8 shall be transferred free of them at CLOSING ~.~.d
· SELLER .shall furnish PURCHASER with any authorizations necessary to make
searches that could disclose these matters· __ the
12. if at the time of CloSING the PREMIgE8 are affected by an assessment which is or may become
payable in annual installments, and the first instrument is then a llen, or has been paid, then for the
purposes of this contract all the unpaid inst~U,~ents shall be considered due and are to be paid by
SELLER at CLOSING.
13. The following are to be apportioned as of midnight of the day before the day of the CLOSING:
..... r a.':~ ::--,:':.'~..I: cf L~.::: :::r-:-L-~ ~.':.- t: ~-~-~!~:3, (d) Taxes, water
:harges and sewer rents, on the bas/s of the fioeal lien []2/] through ]]/$0) period for which
assessed. (e) Fuel, fishy. ~
If CloSING shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon
the basis of the old tax rate for the prececlin& period applied to the latest valuation.
Any errors or om/salons in computing the apportionments at CloSING shall be corrected. Tiffs
provision shaft survive CLOSING.
14. If there be a water meter on the PREMISE8, 8ELL~R shall furnish a readi~: not more than th/rty
days before CLOSING date and the unfixed meter charge and sewer rent, ff any, shall be apportioned
on the baa/s of such last reading.
15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the
amount of any unpaid taxes, assessments, water charges and sewer rents, together with any interest
and penalties thereon to a date not less than five business days after CIOglNG, provided that the
official b/lis therefor computed to as/d date are produced at
CIOSINO.
16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at
CLOSING, SELLER may use any portion of the balance of the purchase price to discharge it. As an
alternative, SELLER may deposit money with the title insurance company employed by PURCIL~Im-R
~o assure its discharge, but only ff the title insurance company will insure PURCHASER'S title clear
of the matter or insure against enforcement out of the PR~Mlge-8. Upon request made within a
reasonable t;me before CIOglNG, PURCHASER agrees to provide separate certified checks as
requested to aaaist in clearing up these matters.
17. If a tiUe examination discloses judgments, bankruptcies or other returns against persons having
names the s~me as or similar to that of SW-LL~'-R, gELLER shall deliver a satisfactory detailed
affidavit at CLOSING showing that they are not against gELLER.
18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State,
City or County officer in the amount of any applicable transfer ~ tax payable by
reason of the delivery or recording of the deed, together with any tax return. PURCHASER agrees to
duly complete the tax return and to cause the check(s) and the tax return to be delivered to the
appropriate officer promptly after CLOSING.
19. All money paid on account of this contract, and the reasonable expenses of exsmln.ation of the
title to the PREMISl~ and of any survey and survey inspection charges are hereby made liens on the
PREMISI~ and collectable out of the PREMISES. Such liens shall not continue after default in
~erformance of the contract by the PURCHASER.
~0. If SELLER is unable to transfer tifie to PURCHASER in accordance with this contract, SELLER'S
sole liability shall be to refund all money paid on account of this contract, plus all charges ra~4e fore:
Ii) exAm~qing the title, (ii) any appropriate additional searches made in accordance with this contract,
and (ii/) survey and survey inspection charges. Upon such refund and payment tiffs contract shall be
considered cancelled, and neither gELLER nor PURCHASER shall have any further rights against
the other.
1. PURCHASER has inspected the bufldin&s on the PREMISE8 and the personal property included
this sale and is thoroughly acquainted with their condition. PURCHASER hereby agrees to
]purchase them "as is*' and in their -,resent conditio-, ~-~-:
l~zLurm ue~enorauon oetween now and CLOBING. PURCIIP~ER shall have th~_ ri~h*
notice to SELLER, to inspect them before CLOSING. - ..... .~.., alter rea~onanie
22. All prior understandinEs and aEreements between 8~LLER and PURCtIA~I~R have merEed in
this contract. It completely expresses their full ~reement. It has been entered into after full
investiEation, neither party rel~ng upon any statements made by anyone else that are not set forth
in this contract,
~-3. This contract may not be chanEed or cancelled except in writinE. The contract shall also apply
and bind the distributees, he/rs, executors, administrators, successors and assiEns of lhe respective
parties. Each of the parties hereby authorize their attorneys to aEree in writhiE to any chanEes in
dates or t~m~ periods provided for tin this contract.
24. Any sinEular word or term herein shall also be read as hi the plural whenever the sense of the
contract may require it.
IN PRESENCE OF:
AABR REALTY
CORPO~
BY:
RIDER TO CONTRACT OF SALE BETWEEN SELLER: JOSEPH STIEFER and PATRICIA
STIEFER, husband and wife PURCHASERS: AABR REALTY FACILITIES HOLDING
CORPORATION DATED: May ,1993
1. MORTGAGE CONTINGENCY
This contract is SUBJECT TO AND CONDITIONED UPON the purchaser obtaining
a commitment from a lending institution for a first mortgage loan in the principal amount of
$285,000.00, with interest at the prevailing authorized rate at the date of closing of title or date of
commitment (whichever may be the policy of the lending institution), and a term of not less than thirty
(30) years within sixty (60) days of the date hereof. Purchaser hereby represents that purchaser shnl[
make diligent application for a mortgage commitment in the amount of $285,000.00 and shall not make
the application for any other amount. Upon obtaining said commitment, purchaser's attorney shall
immediately notify seller's attorney that the commitment has been obtained. If purchaser shall be
unable, after diligent efforts, to obtain commitment within said sixty (60) day period, then either party,
by written notice, may cancel this contract and all monies deposited hereunder shall be returned to the
purchaser.
2. CERTIFICATE OF OCCUPANCY
Seller shall furnish a certificate of occupancy or equivalent thereto covering the private
one-family dwelling and any other structures on the subject premises. In the event that a current survey
is required by the municipality in order to obtain said certificate of occupancy or equivalent, it shall be
the responsibility of the purchaser to provide such survey to the seller at the purchaser's sole cost and
expense. In the event of the inability of the seller to convey title pursuant to the terms of the contract,c
the seller shall reimburse the purchaser for the cost of the aforementioned survey.
3. AS IS
1T IS EXPRESSLY UNDERSTOOD that the seller has not made and does not make
any representations as to the physical condition, operation, or any other matter relating to the subject
premises and is not bound by any statements, representations or information that may have been made
or given to the purchaser by anyone pertaining tu the premises unless specifically set forth herein. The
purchaser hereby acknowledges that no such representations have been made, and they have personally
made a thorough inspection of the premises, are familiar with the condition of same, and agree to
accept same in their present condition 'AS IS', reasonable wear and tear to the date of delivery of
deed excepted; except that the plumbing, heating, and electrical systems,rte the extent same are
currently installed on the subject premises, shall be in working order at closing o~,~._,title,
representations shall not survive the delivery of the deed.'t~e0 [ ~t ./;19c) / ~t/~lu-~/)~ne~, which
4. TERMITE AND OTHER WOOD DESTROYING INSECT INSPECTION
The purchaser, at his own cost and expense, and within fifteen (15) days from the date
hereof, may have an inspection made of the dwelling house on the subject premises to ascertain if there
is any damage or infestation therein from termites or other wood-destroying insects by a licensed
exterminator. If any such damage or infestation is found, the seller may either correct the defect or
cancel the contract and return all monies deposited hereunder, or the purchaser may elect to
consummate this sale regardless of such damage or infestation. It is understood and agreed that
notification of the presence of such damage or infestation shall be communicated to the attorney for the
seller by mail postmarked not more than five (5) business days from tho date tho premises are so
inspected or within five (5) business days from the date a report of such inspection is received by the
attorney for the purchaser, whichever is later, but in no event shall notification be given later than
twenty (20) days from the date hereof.
5. ESCROW DEPOSIT
It is understood and agreed that the down payment made by the purchaser upon
purchaser's execution hereof shall be held in escrow by William H. Price, Jr., Esq., attorney at law, in
a regularly maintained escrow account with North Fork Bank, Greenport Branch, until the closing of
title or cancellation of this contract pursuant to the terms and conditions of this contract. In the event
of a litigated dispute between the seller and the purchaser as to the disposition of the escrow fund the
parties hereto consent to the deposit of the escrow fund by the attorney for the seller to the credit of
the suit with the court in which the suit is pending. In no event shall the attorney for the seller be made
a party to the litigation.
6. HEATING AND/OR COOLING BILLS
Purchaser has a right to a summary of the heating and/or cooling bills or a complete
set of said bills under Section 17-103 Chapter 555 of the 1980 Laws of the State of New York,
commonly known as the Truth In Heating Law. The purchaser herein waives the right to copies of said
bills or a summary of said hills and does not request them in connection with this transaction.
7. NO ASSIGNMENT
This contract shall not be assigned by the purchaser without the written consent of the
seller.
8. NECESSARY APPROVAL
IT IS MUTUALLY AGREED AND UNDERSTOOD that this contract is subject to
and conditioned upon the Purchaser, at Purchaser's sole cost and expense, obtaining the necessary
governmental approval from the Town of Southold Building Department and/or the Town of Southold
Zoning Board of Appeals to use the premises as a private one-family dwelling occupied by no more
than eight (8) han4icapp~in~ivi.du~s, and three (3) supervisory personnel which it is understood may
require obtaining a van~ce~fro°~e ~¥6resald Zoning Board of Appeals on account of the defimuon
of "family' as contained in the Code of the Town of Southold, Zoning Chapter, within ninety (90)
days of the date of this contract.
9. INCONSISTENT PROVISIONS
If there shall be any inconsistencies between this rider and the basic form contract
herein, this rider shall control and take precedenc0 over said printed form of contract.
JO TIEFER
'P3,TRICIA STIEFER /
SOCIAL SECURITY NUMBER
- *
SOCIAL SECURITYNUMBER
AABR REAL~..F-ACILI~S HOLDING
CORPO~
2.(,'5 0535
TAXPAYER I.D. NUMBER
ADDITIONAL R1DER TO CONTRACT
This contract is subject to First American Title Insurance Company insuring purchaser's
against any and all loss with respect to the law suit known as "Dantes v. Stieffer et al"
including being responsible for and agreeing to pay the cost of relocating any road and or
the reconstruction ofany road on the property. Said title insurance shall also insure that
any road servicing the premises to the south will be located at and run along the most
westerly boundary line of the property and will not be more than 25 feet in width.
Sellers at closing agrees to assign all their right title and interest in any insurance award it
may be entitled to as a result ora certain law suit against seller known as "Dantes v.
Stieffer et al ".as well as all their interest in title policy # and or First American Title
Insurance Company claims # NY 935-87 (also known as the action brought in Suffolk
County under number 8%5670 ) all as set forth in paragraph 4 h. above.
Subject to the easterly driveway ilOt encroaching on premises to the east as it meanders
southerly along the easterly boundary to the subject residence.
Subject to paragraph 4 e and 4 fnot prohibiting the use of the premises as a private one-
family dwelling occupied by no more than eight (8) handicapped individuals and three (3)
supervisory personnel.
Patricia Stiefer J y
Social Security Number
Social Security Number
AABR REALTY FACILITIES HOLDING
Taxpayer I.D. Number
SCIII.'.D U LEA
Title
ALL chat certain l)loc, piece or parcel of land, situate, lying
u)sd being nC Martltuck, Town of Sou~hold, County oE ~uffoZk
~cuCe of New York, being more particularly bounded and described
a~ follows:
BECIff~IffC u~ a point oo ~hu ~ouCherly ~lde of Sound. Avenue ~here
ted by ~h~ northeasterly Corner .of ~andu nov
or formerly of Hecs Ilomc~, I~sc.;
flIE~CE North 77 degrees 34 m~nu~es 38 seconds Eas~ along
cite ~outherly ~ide of Sou~sd Avenue, 520.32 geeC co land
formerly of
TIIE~CE South 21 degrees 49 missutes 20 seconds Eas~ along ~he
me~sCloaed land, ~,270.02 feet;
TIIEffCE South 68 degrees
TIIEttCE fforth 20 degrees
TIIEI~CE North 24 degrees O1
TIIEffCE fforch 26 degreeu 57
TIIEffCE North 43 degrees 08
TIIE~CE North 21 degrees 30
~hu sou~lserly adie of Sound
ltECINNING.
1,5 ~ul~suces 50 seconds Veal 418.52 feeL;
53 '"l,uces 50 seconds Vest 227.38 feeL;
minutes 50 seconds West 496.97 fen.t;
!
minucus 20 seconds Veal 324.08 feet;
minutes 50 seconds West 141.50 feet;
miuuteu O0 aeconds West 172.50 feet to
Avenue aC the point or place
sOUND
il,
LOT I
~U~IOOWN FARM~
I~ATTITUCI~
sealand
~ engln~:ering
110 wesl main slreel
riverhead, ~ yor~11901
(51~) 369-1717
' "TOWN OF '-;OuTttOL, D
~.diI. DINGO EPAI~.¥~4 F. NT
Ma,~IIo5
Corti ic t¢ Occu ncy
Subdivi.~ion ........................ . ...... FIJcd Map No ......... Lot No ..............
conl'urms substantially to th~ AppU~tion for B~g PI~ horotofor~ ~ In ~ o1~ diled
........................ ..- pUre,at tO w~ch B~d~ P~t No.. ....................
d~tcd .... ~,X ~; ltS& ~l~d co~o~sto~ofthot~sment~
of thc applicable provt~ionl o£ tkc '~w. Thc o¢cup-~cy for w~c~ ~a car6~cato h i=aed a .., ......
INGROUND SWIMMING POOL
F AMT~Y O~Ll~U ' '
~ ~ifi JOSEPI[
of ~o afo~ald b~tdb~.
S~h'olk Co~nly Depa~a~t of ~;h Appm~ N/
PLUH~KICi CKR~IFICATIO~ DA~ED:~
~tldinI ~p~ctor
.. D.,,,. ......... Fp.~/u. ary S, . ,,, ,
1 i Jl'~ Clq(i'IP'li/S that Ihe bu ld/c~' N~w b ..... .........
~ - .......... w~a.Z~9 .., ,
La~tiOh of ptoP~fy ...6~ 6~ , . SOQn~
. nou~. ' ............. '; ........
~umy Tax Map NO 100n c...:- · ~ ~r~t ...... ' ........... _ ....
........... ~ ............... Lo~... gOB. ..
gubd*wsion.. ~.~gOown f'a~ (~lino~) .Filrd Map No..~3B · .~i N0. l
co.~b/nl~ ~ub~{aliti~JJy tO flit Applicatio~ for Buildi.a Permit h~rctofore filed in this office d~d
......... ,19. · pursuant [o
wa,.h Building Pc~it
................... 19. ~,4, wa~ iitu~d, and canro~s to
of linc applicable Provisions of [h~ law. Thc occupancy l~r W~ch this Certificate
...7 .~ . P~va~e One i'~41 .......
r . New ........
................. . * I ~W~I Lliq ...... '
- 'linc ccrlil]caie ' ' .....................
· TZ~ERt ............
Is issued to ....... ~ JC;b:EPH & PATRICIA
id b ildi /~-,,e~, ka~Xw~ ........
Sui;olk County Department of Heahh Approval .. ..... 14-SO-~7~
UNDI~RWi{i.i.Ei(~ CER'T 'TM ' ..................
IFICATE NO ......... '
H731008
C
............. ....................... . ...................... lt?Oe
4~'
H~80
M
R-80
R-80
LIO
R-EO
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr.. Chairman
George Ritchie Latham. Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
TO:
FROM:
SUBJECT:
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Curtis Horton, Senior Building Inspector
Richard G. Ward, Chairman~4/~
SCO'UF L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
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.
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
SCO'I'r 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 Th.e 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.
~i~chard {3. Wa~d Chairman
cc: Curtis Horton, Senior Building Inspector
Gerard P. Goehringer, Chairman Zoning Board of Appeals
JUDITH T. TERRY, TOWN CLERK RECEIPT 0 4 '7 2 9
Town of Southold
Southold, New York11971 DA, TE _~ ~ 19 ~'~
Phone: 516- 765-1801 _ _
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Mailer ol lhe PelJlion of :
to the Board of Appeals of the Town nf 5oulhold :
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE: ~. ~
1. That it is the int,'Dijon of the nndersigned to petition the Board of Appeals of the Town of
Southold
requesla(Variance] ~xceptio~($pecialPermit) (Other) [circle choice]
2. That the property which is Ihe subject of tl~e Petition is located adjacent to your property and is des-
cri'bedas follows: SCT~: 1000 - 121.00 - 04.00 - 008.001
6760 Sound Avenue, Mattituck New YOrk 11952
3. T~a~ the property which is the subject of such Petition is located in the following zoning district:
4 Thalb~ such Pelition, theundersigned willrequestthefollowingrelief:
Premises to be occupied bv no more than ~hr handicapped oeoole plus thr~
supervisory personnel
5. That the provisions of lhe Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article 100 Section 31 B (5)
[ ] Section g80-A, New Yo~k Town Law for approval of access over'right(s)-of-way.~
6. 1hat within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and lhere
examine the same during regular office hours. (516) 7~5-1809.
7. That befure the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; lhat a notice of such hearing must be published al least five'days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattiluck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; Ihat you or your representative have the
right to appear and be heard at such hearing.
Dated: 6/~/93
AABR Realty Facilities Holding CorD,
Petitioner C/O Rudolph H. Bruer as attorney
Ow.ers'Names: Mr_ ~ Mrm Stiefer
Post Office Address
P.O. BOX 1466
Southold, NY 11971
Ye]. No. (516) 765 1222
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.]
PROOF OF MAll lNG OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
L66L aunC 'OOJ~ uJJoJ Sd
Florence Gonzalvez ,residlngat 270 Stanley Road, Mattituck N.Y. 11952
, being duly sworn, deposes and says that on the :Z,°) day
19 93 , deponent mailed a true copy of the Notice set forth on the re-
of June --
verse side hereof, directed to each ~)f 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 Soulhold; that said Nolices were mailed at the United States Post Of-
fice at ~Olttho] d ..; that said Notices were mailed to each of said persons by
(certified)-{~ mail.
Sworn to before me this c~? (1'/--/. ,
dayof 7(,~.~ '? ,19 ~-.~ ~,~'~ 'm~o ~
/ ~ .,. ~cttr5' Pub~, ~t~[e ol New York
Notary ruo.c No. 4822563, Suffolk C~n~
Term ~ires ~em~r 31, 19
(This side does not have to be completed on form transmitted to adjoining
property ownerS.)
f
N_~loso'ooZz w~
NO~ OR FORMERLY
DANTE$
!
/
NOW OR FORMERLY
RAYNOR
NOW OR FORMERLY
RA YNOR
DIRT ROAD
CORAL
F /
PARCEL No. I
\
/ ~ /~
/ ~ /
.... /- ~ ---~-~- - - -~-~'-~-'~°'-' -~- -~:- -- ~,,~, ~ ",
/ //// ,
/
(
/
PARCEL No. 2
AREA = 3.0000 ACRES
!
/
/
_~----; ~ N ~-4'°01'50'' W DIRT ROAD__
NOW OR FORMERLY
MACARI
NO~V OR FORMERLY
N_2 O %65'$0 "~ ~f~_~'---
NOW OR FORMERLY
SAYRE
FL 0 W FROM
LEA CHING POOL
SEPTIC TANK DETAIL
900 GAL.
SEC TION
4" CONC.
F/N/SHED
2" DIA.
DROP PiPE
4 " DIA, PVC
CASING fTYP,) ~
PUMP CYLINDER
8 STRAINER
T YPI CA L
E
3/4 ~P.
2 STAGE
MIN. 8R ~AL,
STORAGE TANK
WELL
WELL
4" MIN.; DIA. PIPE
CAST IRO~ CLAY,
BITUMI)VOUS FIBER,
CEMENT ASBESTOS
DWELL,
ID'MIN. GAL,
SEPTIC
TANK
TYPICAL PLOT PLAN
AREA = 13.3658 ACRES
REVISIONS ,
{. ~e~ ~,~ , a ~' ~'~ * I~ ~Co~gE~in~n~t~S~rs MA TTITUCK,SITUATEDTOWN oFINsouTHOLD' '~ ,,
, N~ YO~
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~O~ Maltine, NYliC5 Ridge, NY11961 T~MapDesign~0n ,~ ~,
~ [ TEL: (516)59~ TEL: (516)924-32a0 ' '
~ S~C T/O~ /~1 ' ' '