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TOWN OF SOUTHOLD, I~EW YORK
ACTION OF THE ZONL~G BOARD OF APPEALS
Appeal No. 2374 DaSd Nove~er 22,
ACTION OF T~ ZONING BOARD OF APPE~ OF THE TO~ OF SOUTHOLD
To Advent Lutheran Church
Legion Avenue
Mat%ituck, NY 11952
DATE..P~.~.~.....~.~, 1977
1977
Appellant
at a meeting of the Zoning Board of Appeals on December 22, 1977
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 denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because 9:05 P.M. (E.S.T.) upon application of Advent Lutheran
Church, Legion Avenue, Mattituck, New York for a special exception
in accordance with the Zoning Ordinance, Article III, Section 100-30
D 6(2) for permission to erect off-premises directional sign. Loca-
tion of property: north side Main Road, Mattituck, New York, bounded
on the north by Long Island Railroad; east by M. Sidor and Legion
Avenue; south by Main Road; west by Associated East Lending Corp.,
Factory Avenue.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical
hardship because
difficulties or unnecessary
SEE REVERSE
(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 deeisinns of the Building Inspector ( ) be confirmed ( ) be reversed.
SEE REVERSE
FORM ZB4
After investigation and inspection, the Board finds that the
applicant requests permission to erect off-premises directional
sign, north side Main Road, Mattituck, New York. The findings of
the Board are that the Board is in agreement with the reasoning of
the applicant.
The Board finds that the public convenience and welfare
and justice will be served and the legally established or per-
mitted use of neighborhood property and adjoining use districts
will not be permanently or substantially injured and the spirit
of the Ordinance will be observed.
THEREFORE IT WAS RESOLVED, the Advent Lutheran Church,
Legion Avenue, Mattituck, New York, be GRANTED permission to
erect off-premises directional sign, north side Main Road,
Mattituck, New York, as applied for, subject to the following
condition:
The sign shall be located at least 5' from Route 25
and at least 20' from the intersection of Route 25
and Legion Avenue, being the northeast intersection.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
AND FILED BY
'i~H~, SOU'i~{OLD TOWI~ Cr.¢P~
DATE///j/~ f HO~/~: ~.~
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the Town Law and the provisions
of the Amended Building 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
Thursday, December 22, 1977, on the following appeals:
7:30 P.M. (E.S.To) Recessed hearing upon application of
Robert D. Gray a/c Est° of Elizabeth C. Grayr Fishers Island~
New York.
7:45 P.M. (E.S.T.) upon application of Walter and
Marilyn Gatz, Love Lanet Mattituck, New York for a variance in
accordance with %he Zoning Ordinance, Article III, Section
100-30 and Bulk Schedule for permission to divide property with
insufficient width and area. Location of property: east side
Love Lane, north side CR27r Mattituck~ New York, bounded on
the north by L. Hamilton; east by H. Swanson, M. Long, E.
Csiesak; south by CR27; west by Love Lane.
7:55 P.Mo (E.S.T.) upon application of Eastern Long Island
Kampgrounds, Inc., 690 Queen Street, Greenport~ New York for
a special exception in accordance with the Zoning Ordi~ancer
Article III, Section 100-30 C g, f for permission to erect
off-premises directional sign. Location of property: south
side CR27, east side Chapel Lane, Greenport~ New York~ bounded
on the north by CR27; east by A. Shames & ors. and L.
Delemidas; south by Village of Greenport; west by Chapel Lane.
8:05 P.M. (E.S.T.) upon application of John Malinowski,
Second Street~ New Suffolk, New York for a variance in accord-
ance with the Zoning Ordinance, Article VI, Section 100-60,
Article VII, Section 100-70~ and Article VIIi, Section 100-80
for permission to use existing business building for assembly
of parts. Location of property: west side Second Street,
south side King Street, New Suffolk, New YoYk, bounded on the
north by King Street; east by Second Street; south by H. Aponik
and other land of applicant; west by Third Street.
Legal Notice
-2-
Hearings: December 22, 1977
8:15 P.M. (E.S.T.) upon application of Meyer Rosenberg,
[Indian Neck Lane, Peconic, New Y~rk, for a variance in accord-
ance with the Zoning Ordinance, Article III, Section 100-30
and Bulk Schedule for permission to construct dwelling on lot
with insufficient width. Location of property: south side
Indian Neck Lane, Peconic~ New York, bounded on the north by
Indian Neck Lane; east by Rust, Cohen; south by Peconic Bay;
west by Seagyan Club, Inco
8:20 PoM. (E.S.To) upon application of Advent Lutheran
Church, Legion Avenue, Ma%tituck~ New York for a special
exception in accordance with the Zoning Ordinance, ~ticle !It,
Section 100-30 D 6(2) for permission to erect off-premises
directional sign. Location of property: north side Main Roadr
Mattituck, New York, bounded on %he north by Long Island Rail~
road; east by Mo Sidor and Legion Avenue; south by Main Road;
west by Associated East Lending Corp., Factory Ave~
8:25 P.Mo (E.S.T.) upon application of Joseph J.
Frohnhoefer a/c Joseph Ao Esquirol, Jr., 1350 Lupton Point
Road, Mattituckt New York for a variance in accordance with
the Zoning Ordinance~ Article III~ Section 100-32 for permissionI
to construct
of property:
on the north
accessory building
Lupron Point Road,
by Right-of-way~ M.
in front yard area. Location
Mattituckt New York, bounded
Kelsey; east by B. Mason;
south by Deep Hole Creek; west by B. Mason°
8:30 P.M. (E.S.T.) upon application of Jo Ann Talbot,
Nassau Point Road, Cutchogue, New York for a variance in accord-
ance with the Zoning Ordinance, Article III, Section 100-32
for permission to construct accessory building in front yard
area. Location of property: east side Nassau Point Road,
Cutchogue, New York; Lot 12, Map of Nassau Point Properties,
Cutchogue, New York.
Leqal Notice
-3- Hearings: December 22, 1977
8:35 P.M.
Robedee, 1935
in aocordance with the Zoning Ordinance, Article Iii, Section
100-30 and Bulk Schedule for permission to divide property with
insufficient width and area. Location of property: east side
Pine Tree Road, Cutchogue~ New York; Lot 2lA and part of Lot
22, Map of Nassau Farms, Cutchogue, New York°
8:45 P.M~ (E.S~T.) upon application of John Xikis~ 32-55
Steinway Street~ Astoriar New York (Rudolph Bruer, Esq.) for
a special exception in accordance with the Zoning Ordinance,
Article VI, Section 100-60 B l(b) for permission to construct
motel and restaurant. Location of property: south side CR27,
Greenport, New York, bounded on the north by CR27; east by J.
by L~ Hodor; west by Cornell~ Caiola, and
Poliwoda; south
Papantoniou.
9:00 P.M.
(E.S.T.) upon application of Edward and Kathryn
Pine Tree Road, Cutchogue, New York for a variance
(E.S.T.) upon application of George C. and '
Minnie Baker, 83 Fenway, Rockvi!le Centre, New York for a
variance in accordance with the Zoning Ordinance, Article tIIf
Section 100-30 and Bulk Schedule for permission to construct
dwelling with insufficient side yards. Location of property:
East Marion, New York; Lot 10A,
Section II.
upon application of Alexander and
west side Sylvan Drive,
Gardiners Bay Estates,
9:15 P.M. (EoS.T.)
~n Robinson, Jr., 25 Dairy Road~ Greenwich~ Connecticut c/o
W. Gordon Ahman, Fishers Island, 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 width. Location of property: Montauk Avenue,
Fishers Island, New York, bounded on the north by H. Doroshevick,
J. Peishoff, H. Parsons, and West Harbor; east by Sterling
Street; south by R. Elwell; west by Montauk Avenue.
Legal Notice -4- Hearings: December 22, 1977
Any person desiring to be heard on %he above appeals
should appear at the time and place above specified.
Dated: December 12, 1977
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
PLEASE PUBLISH ONCE, DECEMBER 15, 1977, AND FORWARD ELEVEN (11)
~FFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS,
F~IN ROAD, SOUTHOLD, NEW YORK.
Copies mailed to the following on December 12, 1977:
Walter and Marilyn Gatz
Eastern Long Island Kampgrounds, Inc.
Val Stype Agency a/c Malinowski
Meyer Rosenberg
Advent Lutheran Church
J. Frohnhoefer a/c Esquirol
Jo Ann Talbot
Edward & Kathryn Robedee
R. Bruer, Esq. a/c Xikis
George & Minnie Baker
W. Gordon Ab/Gan a/c Alexander & Ann Robinson
LEG.aL NOTICE
Notice of Hearings
Pursuant to Section 267 of the
Town Law and the provisions of
the Amended Building Zone
Ordina0ce of the. Town of
'Southold, New York, p~blic
hearings will be held byes.the
Zoning Board of Appeals at the
Town Hall, Main Road, Southold,
New York, on Thursday,
December 22, 1977, on the
following appeals:
7:30 PiM. (E.S.T.) Recessed
hearing upon application of
Robert D. Gray a-c Est. of
Elizabeth C. Gray, Fishers
Island, New York.
7:45 P.M. (E.S.T.) upon ap-
plication of Walter and Marilyn
Gars, Love Lane, Mattituck, New
York; ~ variance in ac-
cordance ~lth the Zoning Or-
dinance, Article III, Section 100-
30 and Bulk Schedule for per-
mission to divide prqpg}:,tyc w~i~thd
msuffic~ent width and area.
Indian Neck Lane, Peconic, New
York, for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 100-
3O and Bulk Schedule for per-
mission to construct dwelling on
lot with insufficient width.
Location'of property: south side
Indian Neck Lane, Peconic, New
York, bounded on the north by
Indian Neck Lane; east by Rust,
Cohen; south by Peconie Bay;
west by Seagyan Club, Inc.¢...~
.-,8:20 P.M. (E.S.T.) upon ap-
plication of Advent Lutheran
Church, Legion Avenue, Mat-
tituck, New York for a special
exception in accordance with the
Zoning Ordinance, Article III,
Section 100-30 D 6(2) for per-
mission ,to erect off-premises
directional sign. Location of
property: north side Main Road,
Mattituck, New York, bounded on
the north by Long Island
Railroad; east by M. Sidor and
,eginn Avenue; south by Main
~.oad; west by Associated East
,ending Corp., Factory Ave. ~
9:25 P.M. (E.S.T.) upon ap-
plication of Joseph J.
Frohnhoefer a-c Joseph A.
Esqulrol, Jr., 1350 t, upton l~oint
Read, Mattiinck, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-32 for permission to
construct accessory building in
front yard area. Location of
property: Lupron Point Road,
Mattituck, New York, bounded on
the north by Right~/-way, M.
Keisey; east by B. Mason; south
by Deep Hole ~; west by B.'
Mason. )LK,
8:30 P.M: (E.S.T.) upon ap- ? ss:
plication of Jo Ann Talbot, ~RK, j
Nassau Point Read, Cutchogue,
New York fOr a valance in ac-
cordance with the Zoning Or- ' ................... being duly Sworn,
dinance, Article IH, Section 100- .S Printer and Publisher of the SUFFOLK
32 for permission to construct
accessory building in front yard newspaper published ~r[ Greenport, in said
area. Location of property: east
side Nassau paint t~o~d, Cut- ~ noti~, of which the annexed is a printed
chogue, New York; Lot 12, Map
of Nassau Point Properties, ~lished in the s~id Suffolk Weekly Times
Cutchogue, New York.
8:35 P.M. (E.S.T.) upon ap- fnr ........................... weeks
plicationof Edward end Kathryn ,acing on the .?I.ETFE?JT~t
Robedec, 1935 Pine Tree Read, ' ............
Cutchogue, New York for a,. .......... 197.7..
variance in accordance with the
Zoning Ordinance, Article III ..... ~.~... ~..~...: ........................
Section 100-30 and Bulk Schedule '
100-3O and Bulk Schedule for
permission to construct dwelling
with insufficient side yards.
Location of property: west side
for permissiog~to diy!de proPerty
Pine ~ ~a, ~t~, New
York; ~t 2lA and p~ d ~t ~,
Map of Nas~u Farms, Cut-
ch~ue, N~ Yo~.
8:~ P.M. (E.S.T.) u~n a~
plication of John ~s, 32-~
Steinway St~t, Astra, N~
York (Rudolph Bmer, Esq.) for a
s~l ~ception in acc~n~
with the Zo~ng Ordinance,
~icle VI, ~tion 1~ B l(b)
for ~sion to co~ct motel
and restaurant. Location of
property: south side CR27,
Gr~n~t, New Yo&, ~d~
on the north by ~; east by J.
Puliw~a; s~th by L. H~or;
w~t by Co,eH, Caio~, and
Papantoni~.
9:~ P.M. (E.S.T.) upon a~
p~eation of ~orge C. and Mi~e
Baker, ~ Fenway, R~kv~le
Cent, N~ York for a variance
in accord~ce wi~ the Zoning
above specified.
Dated: Decemb~
Ordinance, Article III, Section on the above appeals should
:- ~ .- apIl~r., or. the. timo .a.n6. -1)1999
1TD15-2866
Sylvan Drive, East Marion, New
York; Lot 10A, Gardiners Bay
Estates, Section H.
9:15 P.M. (E.S.T.) upon ap-
plication of Alexander and Ann
Robinson, Jr., 25 Dairy Road, ,~ Yo~g
Greenwich, Connecticut c-o W. ~¥
Gordon Ahman, Fishers Island, ), 1~..~
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 width. Location
of property: Montauk Avenue,
Fishers Island, New York,
bounded on the north by H.
Doroshevich,~ J. Peishoff, H.
Parsons, and West Harbor; east
by Sterling Street; south by R.
Elwell; west by Montauk
Avenue.
Any person desiring to be heard
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of
the Town Law and the provi-
sions of the Amended Building
Zone Ordinance of the Town of
Sonthold, New York, public
heari~gs will be held by the
Zoning Board of Appeals at
the Town Hall, Main Road,
Sonthold, New York, on Thurs-
,day, Decemb,er 22, 1977, On
the following appeals:
7:30 P.M. (E.S.T.) Recessed
hearing upon application of
Robert D. 'Gray a/c Est. of
Elizabeth C. Gray, Fishers
Island, New York.
7:45 P.M. ,(E.S.T.) upon
application of Walter and Mar-
ilyn Gatz, Love Lane, Matti-
tuck, 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 width and
area. Location of property:
east side Love Lane, north side
CR27, Mattituck; New York,
bounded on the north by L.
Advent Lu~th~-
eran Church, Legion Avenue,
Ma~ituck, New Yo~rk,_ for a
speclaJ exce~iSn i~ accord-
ance with the Zoning Ordin-
ance, Article HI, Section 100-
30 D 6(2) for permission tc
erect off-premises directiona'
sign. Location of property
north side Main Road, Matti
tuck, New York, bounded on
the north by Long Island
Railroad; east by M. Sidor and
Legion Avenue; south by Main
Road; west by Associated Easi
Lending Corp., Factory Ave~
8:25 P.M. (E.S.T.) upon
application of Joseph J. Frohn-
hoefer a/c Joseph A. Esquirol,
Jr., 13S0 Lupron Point Road,
Mattituck, New York, for a
variance in accordancd .with
the Zoning Ordinance, Article
IH, Section 100~32 for permis-
sion to construct accessory
building in front yard area.
Location of property: Lupron
Point Road, Mattituck, New
York, bounded on the north by
Right-of-way; M. Kelsey; east
by B. Mason; south by Deep
Hole Creek; west by B. Ma-
8:30 P.M. (E.S.T.) upon
application of Jo Ann Talbot,
Nassau Point Road, Cuteh-
COUNTY OF SUFFOLK
ss:
STATE OF NIZ'V¢ YORK
Sherley Katz, being duly sworn, says that she is an
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a punic newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
kos been published in said Long Island Traveler-Watch-
man once each week for ......... ?. ............................. weeks
successively, commencing on the ...l'.'.: .................................
day of /'~'~ fi"'! ' '
.... T ................................. ,
Sworn to before me this ..... ./.."~! ............. clay or
...,~'....~.r:.,,..~:,:....~ ........... 19..(..7...
TOW~ OF $OUTHOCD, NEW YORK
APPLICATION FOB SPECIAL EXCEPTION
A =CATION NO. _,V 3
NoV2~1977
DATE ................;...i .......
TO TIiE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y.
Name Street md N~ber
Magti~k, New Yo~k
Mun~cipa~ S~te
hereby apply to TtIE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the
ZOI~NG ORDINZkNCE ARTICLE I i I SECTION ] 0 0 - 3 0
SUBSECTION C 6 ( 2 )
THE SPECIALEXCEPTIONISREQUESTED BECAUSE
~e wish to erect a roadside directional sign measuring approximately
21 feet by 3 feet on the property of hhe Maw Bethany Cemetery
b!etween ~he sidewalk and the hedge bordering the c~metery~ indicating
the mama of our Ghurmh, and an a~row noBing ~o passing motorists
t~hat they may ~urB there for ~he Church.
Ledger of permission f~om the New Bethany Oemegery Association
a~tachad.
STATE OF NEW YORK )
)sS
COUNTy OF2~fF'~/c )
............. '~'"' S'~ature ...........................
Georg~ Summers
Pastor
A/ve~ I, ulh~an church
ADV"q.~NT LUT/'~_~ABI CONGFIE~ATtO5I
RFD ~1 Box
l~m'iilzw,_k Ne-.- York
FORM ZB2
November 19, 1977
Zoning Board of Appeals
Town of Southold
New York
Dear Sirs:
This is to advise that the Bethany
Cemetery Association of Mattituck, New
York, herewith gives permission to the
Advent Lutheran Church, Legion Avenue,
Mattituck, New York, to erect a roadside
directional sign measuring approximately
2' x 3' upon the cemetery's property at
the northwest corner of Legion Avenue and
Main Road (Route #25), said directional
sign to be located between the sidewalk
paralleling the Main Road and the privet
hedge approximately fifteen feet to the
north of said sidewalk.
Very truly yours,
President
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Building Department
Jerry Goehringer, ZBA Chairman~'
April 2?, 1995
Letter from Advent Lutheran Church (Directional Si~n)
By resolution of the Board of Appeals, notice was given to applicants
of special exceptions that ff they have not already obtained a permit
from the Bui]dlng Department for their sign, that they should do so
before the effective date of the new sign ordinance as it pertains to
what are now "nonconforming" signs.
A letter was received yesterday from the Advent Lutheran Church
inquiring as to whether or not a survey and colored drawings are
really necessary. Since thi.~ is a decision made by your office, we
ave trnn-~mitting their inquiry directly to you (in.~tead of asklno~ the
Church to r~address the istter). Attached is a copy of Church's
letter and the 1977 ZBA determination.
In check/ng the ZBA file, there is no sketch, however, the sign
applied for was a size of 2' x 3t on property of the New Bethany
Cemetery between the sidewalk and the hedgs bordering the
cemetery, indicating the n~me of the Church, and a~l arrow to
passing motorists that they may turn there for the Church. It is
very possible that the sketch was used by the Building Department in
or about 1977 for a Building Department permit. You may want to
check your files.
If your office requires additional information, please COnfirm the
additional information needed in a letter to the Advent Lutheran
Church at the address shown on the attached inquiry.
ThAok you.
Attachments
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
$outhold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 27, 1995
George Summers, Pastor
Advent Lutheran Church
1100 Bayer Road
Mattituck, New York 11952
Dear Pastor Summers:
The Board of Appeals referred your letter of April 24th to me with
regard to the $50 permit fee fo~' a sign. Please be advised that only taxing
entities or districts are exempt from building/sign permit fees, including
but not limited to fire districts, school districts, park districts and the
like. All churches are being treated the same and are required to pay the
fees.
If I can be of further assistance to you, please do not hesitate to
contact me.
Very truly yours,
Southold Town Clerk
cc: Board of Appeals
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tonora
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
April 28, 1995
George Summers, P~stor
Advent Lutheran Church
1100 Bayer Road
Mattituck, NY 11952
Re: Directional Signs - Nonconformity under New Sign Law
adopted by the Supervisor and Town Board
Dear Pastor Summers:
Thnnk you for your letter of April 24, 1995. Your letter hn_~
been distributed to the ZBA members, the Building Department, and
the Town Clerk for their infor~mation and response (inquiry #1 and
inquiry #9.).
You my M the Bufldlnc Department directly to determine
whether or not a Building Department sign permit was issued in or
about 1977 for your directional sign. We have aiready forwarded a
memorandum to their department with copies of our ZBA file for use
if needed.
Since the Board of Appeals no longer has jurisd/ction to approve
directional signs under the new law, we ask thnt you please contnnt
the Building Department directly at 765-1802. However, if you need
assistance or if you should have questions, please do not hesitate to
call either our office (765-1809), the Town Clerk (765-1800), or the
Bui]dlng In.~pector (765-1802).
Very truly yours,
Linda Kowalski
Secrel~ry
Enclosures
cc: Building Department
Attn: Building Inspectors
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
BOARD OF APPEALS
TOWN OF SOUTFIOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
April 28, 1995
George Summers, Pastor
Advent Lutheran Church
1100 Bayer Ro~d
Matfituck, NY 11952
Re: Directional Signs - Nonconformity under New Sign Law
adopted by the Supervisor and Town Board
Dear Pastor Summers:
Thank you for your letter of April 24, 1995. Your letter has
been distributed to the ZBA members, the Building Department, and
the Town Clerk for their information and response (inquiry #1 and
inquiry #2).
You my call the Building Department directly to determine
whether or not a Building Department sign permit was issued in or
about 1977 for your directional sign. We have already forwarded a
memorandum to their department with copies of our ZBA file for use.
ff needed.
Since the Board of Appeals no longer bn~ jurisdiction to approve
directional signs under the new law, we ask that you please contant
the Building Department d_i~ectly at 765-1802. However, if you need
assistance or if you should have questions, please do not hesitate to
call either our office (765-1809), the Town Clerk (765-1800), or the
Building Inspector (765-1802).
Very truly yours,
Linda Kowalski
Secretary
Enclosures
cc: Building Department
Attn: Building Inspectors
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
MEMORANDUM
TO: Judith T. Terry
Town Clerk
FROM:
Board of Appeals
By Jerry Goehringer, Chalmrmn
DATE: April 27, 1995
SUBJECT: Letter from Advent Luthern Church
By resointion of the Board of Appeals, notice was given to applicants
of special exceptions that if they have not already obtained a permit
from the Building Department for their sign, that they should do so
before the effective date of the new sign ordinance as it pertain.~ to
what are now "nonconforming" signs.
A letter was received yesterday from the Advent Lutheran Church
inquiring as to whether or not the Town Board will exempt churches
from payment of fees, and rather than a~king the Church to
readdress their letter to you, we have offered to forward their
inquiry directly.
Their orJ~rinfll letter is attached for your review and reply. Thank
you.
GG:Ik
Attachment
ADVENT LUTHERAN CHLIKCH
April 24, 1995
Bayer
Geor~je $~a~ters, 1'agor
Board of Appeals
Town of Southold
Box 1179
Southold, NY 11971
TO WHOM IT MAY CONCERN:
SE 2374
I am in receipt of your letter (see copy enclosed) dated March 21, 1995, which was
postmarked April 19, 1995 and received by our office April 22, 1995, concerning the directional
sign our church has had for many years on the New Bethany Cemetery property at the corner of
Rt. 25 and Legion Avenue in Mattituck. As you indicated, we applied for the exemption for this
sign many years ago, and have always followed all the rules concerning it, to the best of our
ability. At the time we had full permission of the Cemetery to install the sign on their property.
It will be impossible for our Church officially to respond to your April 30th deadline [I do
think more than a week's notice should be given for these things], since this must be acted upon
by our official Board whose next monthly meeting is scheduled for May 11, 1995. At that time I
will bring the matter before them of the $50 permit you now require for a sign that has been in
place 10+ years.
I would like you to answer two questions that I am sure our Board will be asking. First, is the
$50 charge being levied to churches in light of our otherwise tax-exempt status? Although we
bags like any other citizen, and have not complained), and have in the past paid the fees for
building permits because there are inspections involved that cost the Town money; I do feel the
payment of this permit fee - which is no more than a tax on every sign in town - constitutes an
unconstitutional violation of the First Amendment. Has the lown Board and/or Town Attorney
made a decision on this matter? Are all churches being treated the same.~
/ My Second question concerns the permit itself. It calls for a survey and colored drawings. I
{h~r'/believe both of those items were submitted at the time of our application for the original
n-- '"' ~ '~ exemption. Is it necessary to go through the expense and time of submitting these again, only to
\be filed away with the others?
George Summers
Pastor
2LTHDO.WP$ 4/24/95 ¢
.j
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
March 21, 1995
BOARD OF APPEALS
TOWN OF SOUTHOLD
Ref: SE # 2374
Property: Bethany Cemetery Assoc., N/S Main Rd., Mattituck
TO WHOM IT MAY CONCERN:
A number of years ago you applied for a Speoiml Exception from
the Board of Appeals for an off-premi-~es advertising, or directional
sign on someone else's property, under the provisions of the prior
zoning codes pertaining to sigms.
On November 29, 1994, a new Local Law was adopted .by the
Town Board which replaced the old sign law with new laws, and
which limits the time periods for existing directional, off-pt~mi-~e8
signs. Based upon this new sign law, your Spenial Exception will
expire by April 30, 1995 if any one of the following applies:
1. The sign does not have a valid Permit from the Building
Department.
2. The sign no longer exists.
Since there are some signs which were placed without valid sign
permits from the Town Building Department, we are sending this
letter in order to give you an opportunity to cheek your records and
if necessary, obtain a permit at this time under the new law.
Directional or off-premises advertising signs which do uot have
written permits from the Building Department issued prior to
April 30, 1995 will be prohibited under the new law.
Very truly yours,
Office of the Board o£ Appeals
Enclosures
P.S. Signs located along certain routes 'along the Main Road (or
County Ilighway) may need a further permit under the Federal
Highway Beautification Act. That agency contact person is
Mr. S. Lauer at 516-360-6091 of the NYS Department of
Transportation in Hauppauge.
P. O. Box 1179 Telephone (516) 765-1802
Southold. New York 11971
OFFICE OF THE BUILDING INSPECTOR
TOWN OF SOUTHOLD
DATE
SCTM ~
FEE: $§0.00
~YPE OF SIGN(s)
APPLICANT:
BUSINESS NAME:
SIGN PROPERTY LOCATION:
PROPERTY OWNER:
APPLICATION FOR SIGN PERMIT
APPLICATION ~
ZONE DISTRICT
PER SIGN
GRO[J-ND
ROOF ( } WAT.~. { } ETC.
PHONE {
The following items are required along with the completed
application.
(1) Survey or accurate plot plan showing location of existing
and proposed sign(s), building width facing streets'.
(2) Colored drawings with sizes and types of material of
proposed sign(s), or photos of existing signs,
Signs cannot be installed until the applicant receives a
sign permit application approved and signed by the Building
Inspector. After the sign(s) have been installed, the applicant
shall request an inspection by the Building Inspector.
If the sign(s) are in compliance, a sign permit will be
issued and mailed to:
(ASP/94)
C}folk County Dqpartment of Plain§
Lee Dennison Executive Office Building
Veterans Hencrial lligh~ay
HauppauEe, flew York 11787
Town of Southbld
Bbard of Appeals
"J~mua~ 3,' 1978
Pursuant to the requirenents of Sectlon~ 1323 to 1332 of the Suffolk County
Charter, the followin§ applications ~:hich have been referred to the Suffolk
County Plannin~ Commission are co~side;ed co be a matter for local decermin-
~tion, I decision of local determination should nec be conscrued as either
an approval or a disapproval.
APPlicant Municipal File IIumber
Edward & KathrynRobedee
Jo Ann Talbot
Josep~ A. Esqutrol, Jr.
Advent Lutheran Church
· Eastern Long. Island Kampgrounds
.Alexander Robinson, Jr.
Walter & Marilyn Gatz
Meyer Rosenber8
2370
2371
2372
2374
2375
2376
2377
2379
CUll: fp
Very truly yours,
APPEALS BOARD *
MEMBERS
ROBERT W. GILLISPIE, JR., CHAIRMAN
ROBERT BERGEN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
FRED HULSEo JR.
Southold Town Board of Appeals
SOUTHOLD, L. I., N. Y. 11971
TELEPHONE 785-L~o~
1802
January 5, 1978
J. Stanley Parkin, Pres.
Bethany Cemetery Association
Mattituck, NY 11952
Dear Mr. Parkin:
The Advent Lutheran Church recently obtained a special exception
to place an off-premises directional sign on the Bethany Cemetery
Association property.
When the Board inspected the site prior to the meeting, they
noticed that the hedge bordering the southeast corner of the
property exceeds the maximum height allowed in the Zoning Ordi-
nance. Article III, Section 100-34 requires that within a radius
of 30' of an intersection, hedges or other obstructions should be
trimmed to a height of 30" in the interest of safety.
Your prompt attention to this matter would be greatly appreciated.
~ry~ Dawson
S~cr~tary
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
~K
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
November 28, 1977
To: Southold Toan Zoning Board of Appeals
From: Judith T. Terry Town Clerk
Transmitted herewith is Appeal No. 2374, application of Advent Lutheran
Church for a special exception. Also included is notification to
adjoining property owners as follows: Associated East Lending Corp.,
555 City Line Ave., Bala Cynwyd, Pa., 19004; Martin Sidor, Main Road,
Mattituck, N.Y.
~Judith T. Terry
Town Clerk
C
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~3.zd. 0,~ .A~)p~,ls .............. of the town of .... SO~.hO~-~ ................
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
................ New and recodified zoning ordinance Advent Lutheran Church
................ Amendment to the zoning ordinance Legion Avenue
Mattituck, NY 11952
................ Zoning changes
....... x~ ...... Special permits
................ Variances
........ North Side Main Road, Mattituck, NY
Local on OT aTTecteo ano: ............................................................................................................................
within 500 feet of: (check one or more)
................ Town or village boundary line, or shore line
........ ..X. ..... 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
Comments:
The appZicant was granted permission to erect off-premises
directional sign subject to the condition that the sign be at
least 5~ from Route 25 and at least 20'
of Route 25 and Legion Avenue.
D Dec. 27, 1977
ate: ...................................................
from the intersection
(signed) Robert W. Gillispie, Jr.
Chairman
Tit/e
Date received by Suffolk County Planning Commission ....................................................................................
File No .................................
OFFICERS
TRUSTEES
November 19, 1977
Zoning Board of Appeals
Town of Southold
New York
Dear Sirs:
This is to advise that the Bethany
Cemetery Association of Nattituck, New
York, herewith gives permission to the
Advent Lutheran Church, Legion Avenue,
Mattituck, New York, to erect a roadside
directional sign measuring approximately
2' x 3' upon the cemetery's property at
the northwest corner of Legion Avenue and
Main Road (Route #25), said directional
sign to be located between the sidewalk
paralleli~ the Main Road and the privet
hedge approximately fifteen feet to the
north of said sidewalk.
Very truly yours,
Pre si de nt
BOARD OF APPEALS, TOWN OF SOUTHOLD
:
In the Matter of the Petition of :
Advent Lutheran Church,Mattituck,N.¥:.
to the Board of Appeals of the Town of Southold :
TO:
Mr. Martin Sldor Jr.,Main Rd.,Mattituck,N.Y.
AeJociated East Lending ¢orp.,555 City Line Ave.,
Bela ~ynwyd, Pe~neylvenla.
NOTICE
YOU ARE HEREBY GIVEN NOTICE:
1. That it is th.e intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a ~c11~i~ll~ (Special Exception) (~l~e~j~Jt~e~;L~t) (the following relief: to erect a roaSt{aa
direction~I sign 2' by 3' on Main Rd.,at Legion Avenue, Mettltuck.
).
That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: ~a .... _uethany ~^_~ .... , "- -' ....... ~' .......... ~6.
and Legion Ave. ,Merrimack. N.Y~
3. That the property which is the subject of such Petition is located in the following zoning district:
Mettituck: N.Y.
4. That by such Petition, the undersigned will request the following relief:
Permlaslon to erect sa£d roadside directional eiRn indicating
the location of our Church building on Legion Avenue, % block
north ct Main ~d.,Mattituc~.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signedare: Art{els III; ~aeti~n 100-30; ~uha~_eei~n
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-Mattit~u,ck Watchman, n,o~yspapers published in the
Town of Southold and designated for the publication of such no~i~e~; that you or y/6u~ representative have the
right to appear and be heard at such hearing. (// //
Ii
Dated: ~,~,~ ~rahal- ~. _ 10 7 7 . /~/ X
' Petit'loner ,//]C~r'~a~/~ ,/~ _ .
~eorge Summers, Pastor.
Post Office Address~ ' ~'£ LUTHERAN CONGREGATION
RFD :~1 Box 168a
Mattituck, New York 1195~;
PROOF OF MAILING OF NOTICE
NAME ADDRESS
Associated East Lending Corp. 555 City Line Ave.,Bala ~Cynwyd, Pa.,19004
Martin Sider Main Rd'. Mattituck, N.Y., ]1952
Z
RECEIPT FOR CERTIFIED MAIL
STREET AND NO.
SERVICES F
PS Form
,Jan. 19763800
NO INSURANCE COVERAGE PROVIDE0--
NOT FOR INTERNATIONAL MAIL
POSTMARK
OR
(See other side)
GPO: 19~--C~591-4~
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
Z
RECEIPT FOR CERTIFIED MAIL
SENT TO ~'- R RK
PS Form NO INSURANCE COVERAGE PROVIDED-- (See other ~ide)
Jan. 19763800 NOT FOR INTERNATIONAL MAIL * GPO: 19~-0-591-452
ss.: Advent Lutheran Church, Mattituck~ N.Y.
~.,~n,-oo ~.,~or~,~oster , residing at l lnn R-yer Rd.
Matt~tuck, N.Y. , being duly sworn, deposes and says that on the ~ day
of N o v emb e r ,19 7 7 ., deponent mailed a true copy of the Notice set forth on tne 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-
ficeat Mattituek. New Yo~k
(certified) (~egi~leee~l~ mail.
Sworn~_~,before me½his
JOHN J.
NOTARY PURLIC, State of N~w Yor~
Ne. $2-S3~6160 - Suffolk County
Commlseien Expires March 30, 1~7
; that said Notices were mailed to each of said persons by
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