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HomeMy WebLinkAbout2444 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZO~G BOARJ) OF APPEALS AppealNo. 2444 Dated June 26, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To St. Peters Lutheran Church Main Road Greenport, New York 11944 DATE.~..4, 1978 Appellant at a meeting of the Zoning Board of Appeals on July 27, 1978 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be deuled pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:40 P.M. (D.S.T.) Upon application of St. Peters Lutheran Church, Main Road, Greenport, New York, for a special exception to the Zoning Ordinance, Article III, Section 100-30 C 6 f for permission to erect an off-premises sign on property of Olsen. Location of property: Route 25, Mattituck, New York, bounded on the north by Main Road (S. R. 25); east by S. Kander; south by K. B. Tuthill; west by H. Pollak. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all proper[tea alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. APPROVED , .... ?NINO BOA OF FORM ZB4 ~C~ ) be denied and After investigation and inspection, the Board finds that the applicant requests permission to erect an off-premises directional sign to advertise its annual German Festival which is held on the second Saturday of July every year. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that St. Peters Lutheran Church, Main Road, Greenport, New York, be GRANTED permission to erect an off-premises sign to advertise its annual German Festival. Location of property: Route 25, Mattituck, New York, bounded on the north by Main Road (S. R. 25); east by $. Kander; south by K. B. Tuthill; west by H. Pollak; subject to the following conditions: (1) The sign shall be directional in nature. (2) The sign shall be no larger than 4 feet by 6 feet. (3) Shall be five feet from any property line. (4) Approval of the Suffolk County Planning Commission. (5) Sign must be removed from site within a week after festival. (6) Sign may be erected 3 weeks before the Festival date. Vote of the Board: Ayes: Me-srs: Gillispie, Bergen, Grigonis and Tuthill. IRECEIVED AND /LED BY T}~ SOUTh{OLD TOWN Town Clerk, Town of Southold Legal Notice of Hearings -2- July 27, 1978 8:20 P.M. (D.S.T.) Upon application of Mr. and Mrs. Edward Adams, 4055 New Suffolk Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to construct an underground swimming pool in the front yard. Location of property: New Suffolk Avenue, Mattituc, New York, bounded on the north by A. Mileski; east by H. Sacks; south by New Suffolk Avenue; and west by Maratooka Road. 8:30 P.M. (D.S.T.) Upon application of Southold Rotary Club, Southold, New York, for a special exception to the Zoning Ordin- ance, Article III, Section 100-30 C 6 f for permission to erect an off-premises sign. Location of property: Triangle Park, Southold, New York, bounded on the north by Lower Road; east by H. A. Goldsmith; south by Main Road and west by Lower Road. 8:35 P.M. (D.S.T.) Upon application of St. Peters Lutheran Church, Main Road, Greenport, New York, for a special exception to the Zoning Ordinance, Article III, Section 100-30 C 6. f for permission to erect an off-premises sign on property of Case. Location of property: Middle Road, Cutchogue, New York, bounded on the north by Middle Road; east by J. Townsend, Jr.; south by Long Island Railroad; west by J. Bednoski, Jr. / 8:40 p.M. (D.S.T.) Upon application of St. Peters Lutheran Church, Main Road, Greenport, New York, for a special exception to the Zoning Ordinance, Article III, Section 100-30 C 6 f for permission to erect an off-premises sign on property of Olsen. Location of property: Route 25, Mattituck, New York, bounded on the north by Main Road ( S. R. 25); east by S. Kander; south by K. B. Tuthill; west by H. Pollak. 8:45 P.M. (D.S.T.) Upon application of Helen Weevnik, Central Drive, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient area and frontage. Location of property: Lots Nos. 140 and 147 Map No. 1672~ Captain Kidd Estates, Mattituck, New York. Reslyn Hei~ht~ New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule to divide property with insufficient frontage. Location of property: Grand Avenue, Mattiinck, New York, bounded on the north by Jemmob~ east by Young; south by Maple Avenue; and west by Grand Avenue. 8:20 P.M. (D.S.T.) Upon application of Mr. and Mrs. Edward Adams, 4055 New Suffolk Avenue, Mattituck, New York, for a variance in accordanCe with the Zoning OrdinanCe, Article III, Section 100-3~ and Bulk Schedule to construct an underground swimming pool in the front yard. Location of prooertv. .N. ew Suffolk Avenue,' M~t~ tithck, New York, bounde6,~tl~ the north by A. Mileski; ~d by H. Sacks; sceth by Ns~/ Suffolk Avenue; and west l~- Maratouka Road. 8:30 P.M. (D.S.T.) Us application of Southold Ro~ Club, Seuthold, New York, f0~ a special exception to the Zoning Ordinance, Article Section 100-30 C 6 f for 1~; mission to erect an premises sign. Location property: Triangle Parlg: Southold, New York, boun~7-J on the north by Lower Road; east by H. A. Goldsmith; south by Main Road and west by Lower Road. 8:35 P.M. (D.S.T.) Upon application of St. Peter's Lutheran Church, Main Road, Greenport, New York, for a special exception to the Zoning Ordinance, Article III, Section 100-30 C 6 f for per- mission to erect an off- premises sign on property of Case. Location of property: Middle Road, Cutchogne, New York, bounded on the north by Middle Road; east by J. Townsend, Jr.; south by Long Island Railread; west by J. Bedn~ki, Jr. 8:40 P.M. (D.S.T.) Upon application of St. Peter's Lutheran Church, Main Road, Greenport, New York, for a special exception to the Zoning OrdinanCe, Article III, Section 100-30 C 6 f for per- mission to erect an off- premises sign on property of Olsen. Location ofproporty: Route 25, Mattiinck, New York, bounded on the nooth by Main Road (S. R. 25); east by S. Kander; south by K. B. Tuthill; west by H. Poliak~ 8:45 P.M. (D.S.T.) Upon application of Helen Weevnik, Central Drive, Mattituck, New York, for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient area and COUNTY OF SUFFOLK, | STATE OF NEW YORK, ~ ss: TROY GUSTAVSON ...................................... being duly Sworn, says that . ..H~. .... is Printer and Publisher of ghe SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport, in said county: and ghat the notice, of which ~e ~e~ is ~ print~ ~py, ~s been published in the ~d Suf~lk Week~ Times once in eoch week, tot O~ suc~ssiv~Iy commencing on ~e ...~E~ ............ day of ........ ~~~ ........ ............. Sw~ to ~gorR me this .. ~..~./.., .... ~ ~ d~y of .... 19. ~.. J LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the pro- visions of the Amended Build- ing Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thurs- day, July 27, 1978, on the following appeals: 7:30 p.m. ~D.S.T.) Upon application of Raymond Kksch, 15.51 Williams Bridge Road, Bronx, New York, for a variance in accordance with the Zoning Ordinance, Article IlL Section 100-32 for permis- sion to construct accessory ordinance, Article III, Section 100-30 C 6 f for permission to erect an off-premises sign on 1 property of Case. Location of property: Middle Road, Cut- chogue, New York, bounded on the north by Middle Road; east by J. Townsend, Jr.; so.uth by Long Island Railroad; west by J. Bednoski, Jr. 8:40 p.m. (D.S.T.) Upon_ · ' . Peters ~ theran Church, Main Road oreenport, New York, for special exception to the Zonin ordinance, Article Ill, Sectio 100-30 C 6 f for permission ti erect an off-premises sign or property of Olsen. Location c~ property: Route 25, Mattituck New York, bounded on th~ north b~ Main Road (S.R. 2~);I e~st by S. Kander; south b~ K.B. Tuthill; west by H.I Pollak. I 8:45 p.m. (D.S.T) UponI application of Helen Weevnik, Central Drive, Mattituck, New York, for a variance in accord- ance with the Zoning Ordi- nance, Article Ill, Section 100-30 and Bulk Schedule for permission to divide property with insu~icient area and frontage. Location of property: Lots No. 140 and 147 Map No. 1672, Captain Kidd Estates, Mattituck, New York· 8:55 p.m. (D.S.T.) Upon application of Joan L. Tson- takis, 239 Breakwater Road, Mattituck, New York, for a variance in accordance with the Town Law, Section 280A for approval of access. Lo. cation of property: Breakwater Road, Mattituck, New York, bounded on the north by Sound Road Estates, Inc.; east by Roesch and Wilson; south by Carpenter; and west by Johnson. 9:10 p.m. (D.S.T.) Upon application of Long Island Vineyards, Inc., Alvah's Lane, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30A (2) (a) (1) for permission to use a build- ing for display and retail use larger than is allowed· Lo- cation of property: County Road 27, Cutchogue, New York, bounded on the north by Middle Road; east by R. Simchick; south by Isaacs and Aud; west by Ovisinak. Dated: July 17, 1978 BY ORDER OF THE SOUTHOLD TOWN COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that ~he is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ~ ........................................ weeks successively, commencing on the ....~.~: .............................. day of ............................ , 1 ........ Notary Public CL. FMENT U THOMPSON .NOTARY PUBLIC, S~ [o c:t New York TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTNOLD, N. Y. NOTICE OF DISAPPROVAL FiFe No ........................ 24A& ............................... Date ....................... J.ul¥..~.7.., .............. , 19..7.8. PLEASE TAKE NOTICE that your application dated ................... J. ur~e..~6., .............. Map .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved 1000 126-1-3 & 4 Building Inspector George TOWN OF 8OUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION DATE ......... .J...u.9,..e. _.,...2 6, 1978 TO Ti-I~ ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. St. Peter's Lutheran Church (We) ........................................................................................ of Name Main Road Street and Number ..... Gr.e enp~m.t ............................................................................ New...Jf. oEk ................................................ Municipality State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE !/ I SECTION /'~""3d C ~" F - SUBSECTION ~z~ Wish to erect a Off-Premises directional sign for seasonal use in conjunction with our German Festival (~// PAMELA I. iCH NE ttR Not~'7 Public FORM TOWN OF 8OUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION APPLICATION NO. o~ DATE ........ J. une.....26, 1978 TO THE ZONING BOARD OF APF~, SOUTHOLD, N. Y. St. Peter's Lutheran Church Main Road l, (We) ........................................................................................ of .................................................................................................... Name Street and Number ..... G-~ee~port ............................................................................ Ne~...¥oPk ................................................................ Municipality State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE SECTION SUBSECTION THE SPECIAL EXCEPTION IS REQUESTED BECAUSE Wish to erect a Off-Premises directional si~n for seasonal u~e in con~unction with our German Festival FORM ZB2 Town of Southold Board of Appeals Suffolk County Department of PlanninF, H. Lee Dennison F::ecut£ve Cffice BuilWln?, Veterans [,~morial ~auppa~e~ ~l~{ Yor~; 117,97 (516) 979-2918 August 2, 1978 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planr~np Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. ~plicant File 7tunber S0uthold Rotary Club St. Peters Lutheran Church St. Peters Lutheran Church Long Island Vineyards, Inc. Raymond Kirsch James F. McFarland 2443 2444 2445 2450 2453 2454 Very truly yours; Lee F. Koppelrmn ,.~/rector of Planninff.. Gerald G. Ue~,mmn Chief Planner TOWN CLERK 765.3783 Building Dept. Planning Bd. 765-2660 Board of Appeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the .... ~O~d. O~. ,~pDe.~],$ .............. of the town of .... ~QI~.~.~O. ~.{~ ................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one} ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes ................ Special permits .... X ......... Variances - Special Exception St. Peters Lutheran Church Main Road Greenport,New York 11944 ~ppeal No. 2444 Location of affected land: l~ute 25, Mattttuck, New York within 500 feet of: (check one or more) ................ Town or village boundary line, or shore line .... ;~ ......... State or county road, parkway or expressway ................ State or county park or recreation area ................ ~ream or drainage channel owned by the county or for which the county has e~ablished channel lines. ................ ~ate or county owned parcel on which a public building is situated commen~: Applicant was granted permission to erect a 4' x 4' sign in connection with their annual German Festival. Sign will be erected for 3 weeks yearly and removed within ane week after the festival. Sign shall be at least 5 feet from any property line and will be single faced. Chairman Date received by Suffolk County Planning Commission .................................................................................... File No ................................. © O JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 July 3, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2444, application o~ St. Peters Lutheran Church for a special exception. Also included notifzcation to adjoining property owners as follows: Sophie Kander, Mattituck, New York; Katherine B. Tuthill, Mattituck, New York; H. Pollak, c/o Riverhead Corp., Box 608, Riverhead, N.Y. JTT/bn cc:file En.c/ PHONE 516 . 298-4600 4640 OLSEN REALTY, INC. 3July1978 To whom it may concern: Permission was Riven to St. Peter's Lutheran Church to serect a sign on our business property at 6670, Route 25, Mattituck, NY 11952; to advertise the "German Festi?~al on 8July1978", ~ ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of St. Peter's Lutheran Church to the Board of Appeals of the Town of Southold TO: NOTICE Sophie Kander Mattituck, New York 11952 Katherine B. Tuthill Mattituck, New York 11952 YOU ARE HEREBY GIVEN NOTICE: H. Pollak c/o Riverhead Corp. Box 608 Riverhead, New York 11901 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (~;t~pecial Exception) (~ (the following relief: tO erect off-premi&e directional sign for seasonal use in connection with German Festival ). 2. That the property which is the subject or. the Petition is Iocate~d adiacent to your prop. erty and is des- cribed as follows: North by Main Road (state Road 25); East by Sophze Kander; South by Katherine B. Tuthill: West by R. Pollak 3. That the property which is the subject of such Petition is located in the following zoning district: Business 4. That by such Petition, the undersigned will request the following relief: to erect off-premise directional sign for seasonal use in connection with German Festival. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: _~_~tic!e III_. ~c+~io~ !00-3~ C. 6 f 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: oTl1'1 ¥ St. Peter's Lutheran Church Petitioner Post Office Address M~ Greenport, New York 11944 NAME PROOF OF MAILING OF NOTICF ADDRESS Sophie Kander Katherine B. Tuthill Mattituck, New York Mattituck, New York H. Pollak c/o Riverhead Corp. Box 608, Riverhead STATE OFNEW YORK) COUNTY OFSUFFOLK) SS.: Allard J. Armstrong , residing at M{ 1 1 r~r~lc Dr~ve West Southold, New York , being duly sworn, deposes and says that on the qrd day of July ,19 7 8 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southoid; New York ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this 3rd day of July ~9~ 78, -- d N-otary Public' ~LI,~A~{ETH ANN NL~'VILI~ NOTARY PUBLIC, State of New York No, 52-8125850. Suffolk Cou t T~tm ~x~ires March 30, 19~ 100.4A lc) MATCH ,% CATHOLIC DAUGHTERS OF AMER CA I 9.5A(C) ! /