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TOW~ OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2445 Dated June 26, 1978
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To St. Peter's Lutheran Church
Main Road
Greenport, New York 11944
DATE .A~gu~t.. 4, 1978
Appellant
at a meeting of the Zoning Board of Appeals on July 27,
was considered and the action indicated below was taken on
( ) Request for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance
(X) Request for a variance in the Zoning Ordinance
( )
1978 the appeal
1. SPECIAL EXCEPTION. B~ resolut~n of Be Board it was determined th~ a special exception ( ) be
gra~ ( ) be de~ed pursuant to ~t~le .................... Se~n .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and Be decision of the Building I~peetor ( ) be reversed ( ) be
co~irmed b~ause 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, peconic . New York, bounded on the north by Middle Road;
east by J. Townsend, Jr.; south by Long Island Railroad; west by J.
Bednoski, Jr.
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
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
SEE REVERSE
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(would not)
SEE REVERSE
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
SEE REVERSE
FORM ZB4
PR0VED , ZONIN
After investigation and inspection the Board finds that the appli-
cant requests permission to erect an off-premises directional sign to
advertise its annual German Festival which is held on the second Satur-
day of July every year.
The Board finds that strict application of the Ordinance will pro-
duce 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. Tuthill, 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: Middle
Road, Peconic, New York, bounded on the north by Middle Road; east by
J. Townsend, Jr.; south by Long Island Railroad; west by J. Bednoski,
Jr., subject to the following conditions:
(1) The sign shall be directional in nature.
(2) Sign shall be no larger than 4 feet by 6 feet.
(3) Shall be 5 feet from any property line.
(4) Approval of the Suffolk County Planning Commission
(5) The sign may be erected 3 weeks before the Festival date.
(6) The sign must be removed within one week after the Festival.
Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis,
and Tuthill.
RECE VKD AND F/LED BY
Town Clerk, To~ of ~uthold
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.
f 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, C~, 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 Heiglit, New York, fo,
a variance in accordance with
the Zoning OrdinanCe, Article
Ill, 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
100-32 and Bulk Schedule to
construct an underground
swimming pool in the front
yard. Location of property:
New Suffolk Avenue, Mat-
tituck, New York, bounded on
the north by A. MileskJ; east
by H. Sacks; south by New
Suffolk Avenue; and west by
Maratouka Road.
8:30 P.M. (D.S.T.) Upon
application of Southold Rotary
Club, Southold, New York, for
a special exception to the
Zoning Ordinance, Article HI,
Section 100-30 C 6 f for per-
mission to erect an off-
premises sign. Location of
p~ope~ty: Triangle Park,
Seuthold, New York, bounded
on the north by Lower Road;
east by H~b. Goldsmith; south
by Main~ and%vest by
Lower Road.
8:35 P.M. (D.S.T.) Upon
application of St. Peter's
Lutheran Church, Main Read,
Greenport, New York, for a
special exception to the
Zoning Ordinance, Article III,
Se?ti.on 100-30 C 6 f for per-
mms~on to erect an off-
premises sign on property of
Case. Location of property: I
Middle Road, Cutchogue, New ~
York, bounded on the north ~7. I
Middle Road; east by .
Townsend, .Jr.; south by Long
Island Railroad; west by .j.
Bedneski, ,.Ir.
[ 8:~ P.M. (D.S.T.) Upon
~pplination of St. Peter's
Lutheran Chareh, Main Road,
Greeaport, New York, for a
special exception to the
Zoning Ordinance, Article III,
Section 100-30 C $ f for per-
mission to erect an off-
premises sign on property of
Olsen. Location ofproporty:
H0ute 25, Mattituck, New
York, bounded on the nooth by
Main Road (S. H. 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 Weevnlk,
Central Drive, Mattituek, New
York, for a variance in ac-
cordance with the goning
Ordinance, Article III, Seetiou
10~30 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.F.,., is Printer and Publisher of ~e SUFFOLK
W£EKLY TIMES, a newspaper published ~xt Greenport, in said
county: and that the notice, of which the annexed is u printed
copy, has been published in the said Suffolk Weekly Times
once in each week, ~or 01~ weeks
successively commencing on the ...... T~,.NT~F. TH .........
day of ..... J.U~..Y. ~_...__,_~.rr~.,. ~//'~q 7/8
.... .' ................
aay of .....~ ..... 19..~?... j
LEGAL NOTICE
NOTICE OF HEARINGS
Purnuant m ;Se_~i~- 9~7 ~f
Suffolk Avenue; aha 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 Ordinance, Artkle IH,
Section 100-30 C 6 f for
permission to erect an off-
premises sign. Location of
property: Triangle Park,
5outhold, New York, bounded
on the north by Lower Road;
east by H.A. Goldsmith; south
by Main Road and west by
Lower Road. ·
I8:35 p.m. {D.S.T.) Upon
application of St. Peters Lu-
theran Church, Main Road,
Greenport, New York, for a
special exception to the Zoning
Ordinance, Article Ill, Sectlor
100-30 C 6 f for permission t¢
erect an off-premises sign or
property of Case. Location o'
property: Middle Road, Cut
t ~c~.~u~.~ew York, bounded
"~n-"~'e.'e~r~h by Middle Road;
east by J. Townsend, Jr.;
so~tth by Long Island Railroad
west by J. Bednoski, Jr.
8:40 p.m. (D.S.T.) Upon
application of St. Peters Lu-
theran Church, Main Road,
Greenport, New York, for a
special exception to the Zoning
Ordinance, Article IH, 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. Kandor; south by
K.B. Tuthill; west by H.
Pollak.
8:45 p.m. (D.S.T.) Upon
application of Helen Weevnik,
Central Drive, Mattltuck, New
York, for a variance in accord-
ance with the Zoning Ordir
nance, Article Ill, Section
100-30 and Bulk Schedule for
permission to divide property
with insufficient 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 ap~)roval of access. Lo-
cation of prOperty: Breakwater
Road, Mattituck, New York,
hounded on the north by
Sound Road Estates, Inc.; east
COUNTY OF SUFFOLK
ss:
STATE 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 Count;
and that the notice of which the annexed is a printed copy,
nas been published in said Long Island Traveler-Watch-
man once each week for .......... /. ........................... weeks
successively^ commencing on the ..~.XT'.~. ...............................
5 ....................... ,
Sworn to before me thi~ ........................ day o*
............. ...........
Notary Public
FOR3f NO. 3
TOWN OF $OUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File No ............ 2445 ........................................... Date .............................. ~u,'l~""l'?'i ....... , 19'~/'8'
To ....... S~ o.. ~te~,a.. ~t~t J~ri~13.. (~h~l~o~ ....
............. M~Ln..Jtma~l .............................................
............. Cu:em~l~r.t. ,.. Ale. W-:Eor, k.....l194.4 ....
PLEASE TAKE NOTICE that your application dated ..................... Ju'~e...~6.~ ............ , 19....7.8
for permit e=:ect an o~f-prem.t, se,...~:lf~j~=%~eonl~ i~lt~d at ..Mtd~ILm..aoa~l., .....
,...New..¥oz~k. ......................
..................... Block ............................................ Lot ................................................ is
herewith and disapproved on the follow;ng grounds ..... ~./~. .........
returned
~..~ ............ ~;~.,: ............ ~.~.~.....~ .......... .~.~..~..~.~..:,,~.....~... ..............................
1000-2a-l-1.1
Building Inspector
George
APPLICATION FOR SPECIAL EXCEPTION
APPLICATION NO.c~/'~V~
nAT~ .......... .J..,.~....e...... 26, 1978
TO TH~ ZONING BOARD OF APPEALS, SOUTHOLD, N. Y.
St. Peter's Lutheran Church
(we) ........................................................................................ of Main Road
Name Street and Numb~
................ Gr.e. enpor..t ......................................................................... N.e.w,.Xork
Municipality State
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the
ZONING ORDINANCE ARTICLE III SECTION 100-30- C 6 (f)
SUBSECTION
Wish to erect a Off-Premises directional sign for seasonal use
in conjunction with our German Festival.
FORM ZB2
Town of Southold
Board of Appeals
Suffolk Coumty Departman~ of Plannin?,
H. 'Lee Dennison F::ecutive Cffice Buildi.n~
Veterans i~morial ~i~hway
Hauppa~e, ll~ Yor~; 117,97
(516) 979-2918
August 2, 1978
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter,
the follow.lng applications ~rhich have been referred to the Suffolk Cotm£y Plann~np
Csm~Lssion are considered :o be a matter for local determination. A decision of
local detetninatton should not be construefl as either an approval or a disapproval.
~plicant
~hmicipal File
Sguthold Rotary Club
St. Peters Lutheran Church
St. Peters Lutheran Church
Long Island Vineyards, Inc.
Raymond Kirsch
James F. McFarland
2443
2444
244~
2450
2453
2454
Very truly yours
Lee ~. Koppelman
Director of Planair~,
Cgll
Gerald G. ?Iewmaa
C'bie ~f Plarmer
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&rd. ~)f. A~)pe&le ........... of the town of ..... ~O~.~Ol~, ...............
(agency mvolved)
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
St. Peters Lutheran Church
Main P~ad
Greenport, New York 11944
................ Special permits
.... Y~ ........ Variances- Special Exception
Location of affected land: ....lv~l, dd, le~..~oad.,...P, ecnni¢,...Ne,w..XorJ~[ ................................................
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
................ Stream or drainage channel owned by the county or for which the county has established channel lines.
................ State or county owned parcel on which a public building is situated
~mments: Applicant was granted permission to erect a 4t x 4' sign
in connection with their annual German Festival. Sign will be ereoted
for 3 weeks yearly and removed within one we~k after the festival.
Sign shall be at least 5 feet from any property line and wtll be
single-faced.
(signed) Robert W. Gillispie, Jr.
............ Ch~irma~ ................................................
~t/e
Date received by Suffolk County Planning Commission ....................................................................................
File No .................................
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
To:
From:
Southold, L.l.,N.~ 11971
July 3, 1978
Southold Town Zoning Board of Appeals
Judith T. Terry, Town Clerk
TELEPHONE
(516) 765-1801
Transmitted herewith is Zoning Appeal No.
Lutheran Church for a special exception.
adjoining property owners as follows: Joseph Townsend,
York; Long Island Railroad Company, Jamaica Station, Room 511,
John Bednoski, Box 145, Peconic, New York.
~ Judith T. Terry~/
Town Clerk
2445, application of St. Peters
Also included are notification to
Jr., Greenport, New
Jamaica, N.Y.
JTT/bn
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 :
NOTICE
TO: Joseph Townsend, Jr.
Greenport, New York 11944
Long Island Railroad. Company
Jamaica Station, Room 511
Jamaica, New York 11400
John Bednoski, Jr.
Box 145
Peconic, New York
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold ~
to request a ~) (Special Exception) k~lgJ~ ~l~k'(the following relief: to erect off-premisel
directional siqn for seasonal use i--n connection with German Festival ).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed a~ follows: North by Middle Road; East by J. Townsend, Jr.; south by
Lonq Island Railrc~ad~ w~t by J. B~dnoski: ,Tr.
3. That the property which is the subject of such Petition is located in the following zoning district:
residential
4. That by such Petition, the undersigned will request the following relief: to erect off-premise
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signedare: Article III, Section 100-30 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: July 3. 1978
St. Peter's Lutheran Church
Petitioner
Post OfficeAddress
Main Road
Green~ort, New York 11944
PROOF OF MAILING OF NOTICE
NAME
ADDRESS
Joseph Townsend, Jr.
Long Island Railroad Company
John Bednoski, Jr.
Greenport, New York
Jamaica Station, Room 511,
Box 145, Peconic, New York
9L61 ud¥ '0088 tuao~4
Jamaica, N. Y.
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
SS.:
Allard J
R~uthe!d, ~T .... v~,. , being duly sw~}~ep%~e~%~d s~ that%n t~e ~ day
of T~11 ~, ' ......... ,19 78 , deponent mailed a true copy of the Notice set forth on the re-
ver~ si~feof, directed to each of the above-named persons at the addresses set opposite thor respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current ~sessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
rice at
(certified)
Sworn to before me this
day of ,Tuly ,
Notary Public
rcLiZAB~H ANN NL~VILLE
NOTARY PUBLIC, State of New York
No 52'81'~5850 SuUolk County
; that said Notices were mailed to each of said persons by
FOR PARCEL NO
SEE SEC NO 074
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