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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~ ~ ~ ~ ~ ~ SUFFOLK COUNTY. ~O~ Maltine, NYliC5 Ridge, NY11961 T~MapDesign~0n ,~ ~, ~ [ TEL: (516)59~ TEL: (516)924-32a0 ' ' ~ S~C T/O~ /~1 ' ' '