Loading...
HomeMy WebLinkAbout1771 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1771 Dated 1~ay 8, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD H~cksville l/d. & ~il Drive North ~aSeapequa, New York DATED~....~$~ 7/3/73 Public Heari~,5/24/73 Appellant ~ay 2~, at a meeting of ~he Zoning Board of Appeals on ' Ju~.y 3, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ]$ Request' for a special exception unde~ the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) 1973 Public Hea~cing 1973'[ Decision the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was deterwined that a special exception ( be ~ranted ( ) be denied pursuant to Article .................... Section .................... SubSection .................... ' parasraph .................... of the Zoning Ordinance and the decision of the Bulldin~ !,n, sPe~t, or !,' ) ~e reversed ( ) be c~nfirmed because 9110 P.~ (E.S.T,), ~ay. 2~,~1973~ ~pon_a~l~li~atien. ef St. Je~"e Luther~ Church, HicksVille Read and Gall ~ri,ve, North ~eeapeq~, New York, for a special exception in accerdmmce ~th the Zeroing Ordinmace, Article XII, Section 300, Subsection B-2 and B-~, for permission te (1) l~ve Mission Church; (2) have residence for director ef ~ieSien church ~nd has fa~ilyt (3) b~ve retreat center for members ef chu~cht amid (~) have fester care ef children by direCt~r:.and wife en e~erg®ncy b~eie. L~cation of prePert~,i nOrth aide $o~' View A~en~e, Southold, bemaded nOrth by Great Pond~ east by D. Curtis; eeu~h by $o~md View west by Te Ha~tin, Ae 14artin Ranieri and ethers. Fee paid $1~.00. 2. VARIANCE. By resolution of the Board !t~was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or um~ecessary hardship because (b} The hardship created (is) (is not) unique and (~ould) (would not) be shared by all properties ali,ke in the immediate vicinity of this property and. in the same use distric~ because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (woUld) .change the character of the district because SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be ~ranted .(' ) be denied and that the previous decisions of the Building Inspector ( ) be~confirmed ( ) be reversed. ,.--~ {-'~ ~ '~ ~ ,o ZONING BOARD OF APPEALS i .' . , ' , ¼ ~jorfe McDermott, Secret~ After public hearing, correspondence, an~ intensSve investigation, the Board finds that the applicant, St, John~.S Y-uShsran,Chu~ch, ~cksYille Ro~ ~ Ga$i ~iYe, North ~..apeq~. Ney York~ IpplLed for per. Belch to use pre~se8 8it~ted on the north side of ~o~d *Yiev *yenuG, on Greif ~o~, ~outhold, ~ev ~ork, for ch~ch related activities ~f the applicut, a reli~ous institution, which is a per~tted use by special exception in "A zones ~e proposed uses ~y be described as being ~cillary a~li~ to St. Jo~es Lutheran Ch~ch, North ~ssipeq~, New York, ~d ~d not constitute a ch~ch, i ~ra~p or a ~ss~on ch~ch (defined as be~ ea ch~ch petitioned the State of New York for ~nco~erat~en to become ~epende~t ~nco~orited bodye)e ~e proposed uses ~d incl~e eoutreach" ud ev~elic~ acti~ties as defined ~d strictly li~ted en P~e 3 of ~. ~d Ho Ye~l~s letter of J~e 22, 1~73a ~d not include preselytizi~ (defimed by Webster as "comvert~'). ~e uses ~d be continuous in the s~er weekends in the ~nter. ~e pre.sea are described as bei~ 2.~+ acres ~th apprexi~bly?.~lO.781 en. So~,Vlev,:Ave~e ~d 2~80~2~ en Gr~ Pe~ ~th a' subst~ti~ at~ct~e used ~io=aly. in. the past as a testator, a laber c~, fer ch~ch pio~ca~ ~d ~,~e~ Bo~d fi~s' ~t the ~ublic conve~ence~ welf~e~ Justice ~15 'be:~&e~ed~ ~d the le~lly eotablishe~ e~ per~tted use of nei~bo~eod p~pert~ ~ adj'oi~ use districts ~11 be pem~tly or subs~,uti~ly inJ~ed ~ the spirit of the 0r~ce ~ be obse~ed*~ , ; ~~ ~T WAS ~SOL~D, St. ~oh~0o ~uther~ Ch~ch, Road ~d ~ail ~Ye, North ~ssapoq~, Hew York, be ~D per~ss~on to use pre~ses s~t~ted on the ~rth s~de off So~d V~ew Ayenue, on ~reat Pond, Southold, He~ York, ~or ch~ch related act~t~es, subject to the ffollow~n~ l~tat~ons ~ con~t~ons, ~d subject to s~te pl~ appro~ off the Southold To~ plo~ Bo~dz 1. The property moy be used by St. Johnts Lutheran Church, North Massapequi, New York, for their own church related activities (such as bible study meetings, Sunday School Teachersw meetings~ Church Council meetings). It -~a~sc be used, by arrangement with the applicant, by local congregations for similar purposes. 2. The property may be used by the Director of thc facility and his wife. The Director will have primary responsibility for all activities conducted on ~he premises. 30 The property My bo u~ed as a retreat center for members of St. John's Lutheran Church for planned meetings or conferences, usually lasting as long as two nights and three days; attendees to provide their o~m food preparation and service; sleeping arro-Eements provided by the two remaining eecond floor bedrooms and one room on the first floor intended for use ss a small dormitory. The phrase Uretreat', as used herein, refers to a place of withdrawal for religious instructions Teenage St. John0s Church groups using the facility for overnight visits must be supe.-e£sed by at least tw~ adults in addition to the Director and his wife. ~. Foster care on the premises (as permitted by the courts) by the Director and his wife of not more tha~ two children under six years of nge, for a period of not over 30 d~ys each, appears to be a permitted use of residential property. However, it is listed here in the interest of clarity. St. JohnWs Lutheran Church -2- July 3, 1973 5o As stated above, the foregoing permitted uses are not to be construed as pex~itting the establisluaent of a chttrch, a ~orsh4p coe~nunity, or a mission chttrch. However, St. Johnts Luthera~t Church g~oups w~uld, of course, set times for their own church services. 6. Uses proposed and interior changes, shall conform to the Southold Town Building Code, New York State Multiple Residence Law, a~d Suffolk County Board of Health requirements. 7. Parking surfaces, subject to approval of Building Inspector, shall be furnished for at least 30 vehicles according te the requirements of the Zoning Ordi~o~ce. 8. The total of all persons staying overnight on the premises shall in ~o case exceed 25 persons. 9. Questions of interpretation of permitted uses shall be referred to the Board of Appeals for determination. 10. The Board of Appeals may~eview this application and the operation of the project as it affects the co~mmity at any time but, in any case, before August, 1975. Vote of the Boardt Ayes~- Messrs~ Gillispie, Bergen, TOW~ OF SOUTHOLD, NEW YORK ACTION OF THE__ ZO_NING BOARD OF APPEALS Appeal No, Dated ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Appellant at a meeting of the Z~ning Board of Appeals on was considered and the action indicated below was taken 'on Your ( ) Bequest /or variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (') Request for a variance to the Zoning Ordinance ( ) ~ the appeal 1. SPECIAL EXCEPTION. By r~solution of the Board it was determined that a special' exception ( ) be ~ranied ( ) be denied pursuant to Article .................... Section .................... Subsection ......... ; .......... paragraph .................... of the Zonin~ Ordinance and the decision of the Building Inspector ( be revdrsed'. ) be confirmed because 2. VARIANCE. By resolution of the Board. it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because (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 distric~ because (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) and therefore, it was further determined that the requested variance ( that the previous decisions of the Bulldin~ Inspector ( ) be ~ranted ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS ) be denied and 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, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on May 24, 1973, on the following appeals: 7:45 P.M. (E.D.S.T.), upon application of Richard F. Mullen, Jr., 1835 Mill Creek Drive West, Southo!d, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide property with less than required area. Location of property: west side Hobart Road and ~orth side Korn Road, Southold, bounded north by Main Road; east by Hobart Road; south by Korn Road; and west by Mullen, Aksten, Zebroski, North Fork Bank & Trust Co., Turton and Albers. 8:00 P.M. (E.D.S.T.), upon application of Richard F. Mullen, Jr., 1835 Mill Creek Drive West, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article VII, Section 700 B, Subsection 4, for permission expand a new and used oar ~o~. ~ocation of property: south side Main Road, east side Hobart Road, Southold, bounded north by Main Road; east by M~llen and others; south by ~ullen; wes~ by Hobart Road. 8:15 P.M. (E.D.S.T.), upon application of Lorraine W. Drury, 138-71st Street, Apt. D-7, Brooklyn, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule, for permission to divide lots with less than required area. Location of property: Lots 22 and 23, Map of Mattituck Estates, Mattituck, New York. Legal Notice Page 2 8:30 P.M. (E.D.S.T.), upon application of John and Marie Hughes, Jr., 24 Clearbrook Drive, Smithtown, New York, for a variance in accordance with the Zoning Ordinance, Article iii, Section 301, and the. Bulk Schedule, for permission to construct dwelling on lot ~69, Map of Cleaves Point, Section III, not on approved list under Article XViI, Section 1702 of present Zoning Ordinance or Article X, Section 1013 of old Ordinance. Location of property: Lot ~69, Map of Cleaves Point, Section III. 8:45 P.M. (E.D.S.T.), upon application of John and Marie Bali, 51 East 73rd Street, New York City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, and the Bulk Schedule, for permission to construct dwelling on lot $74, Map of Cleaves Point, Section III, not on approved list under Article XVII, Section 1702 of present Zoning Ordinance or Article X, Section 1013 of old Ordinance. Location of property: Lot ~74, Map of Cleaves Point, Section III. 9:05 P.M. (E.D.S.T.) , upon application of Joseph P. Dunne, Pine Neck Road, Southo!d, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, B-14, for permission to conduct a yard sale on June 30, 1973; rain date July 1, 1973. Location of property: north side Pine Neck Road, $outhold, bounded north by Mullen; east by Founders Homes;south by Pine Neck Road; west by Oed. 9:10 P.M. (E.D.S.T.), upon application of St. John's Lutheran Church, Hicksville Road and Gail Drive, North Massapequa, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-2 and B-4, for permission Legal Notice Page 3 to (1) have Mission Church; (2) have residence for director of mission church and his family; (3) have retreat center for members of church; and (4) have foster care of children by director and wife on emergency basis. Location of property: north side Sound View Avenue,~Southold, bounded north by Great Pond; east by D. Cuttle; south by Sound View Avenue; west by T. Martin, A. Martin Ranieri and others. 9:30 P.M. (E.D.S.T.), upon application of Cutchogue Methodist Church, Main Road, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to have yard sale on June 2, 1973. Locatlon of property: north side Main Road, Cutchogue, New Yor~, bounded north and east by Pawluczyk; south by Main Road; west by Cemetery. 9:35 P.M. (E.D.S.T.), upon application of Arlene Dittmann, Horton Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to have.yard sale on June 9, 1973; rain date June 16, 1973. Location of property: north ~ide ~orton Road, Mattituck, bounded north by W. Dittmann, east by right of way a~d others; south by Horton Road; west by P. Meschino. 9:40 P.M. (E.D.S.T.), upon application of Ernest and Stella Radford, Main Road, East Marion, New York, for a special exception in accordance with the Zoning Ordinance, Article Iii, Section 300, Subsection B-14, for permission to have a garage sale on July 7, 1973; rain date July 8, 1973. Location of property: south side Main Road, East Marion, bounded north by Main Road; east by K. Gardiner; south by G. Smith and others; west by W. Brooks Est. Location of property: Lot No~ 74, Map of Cleaves Point, Section III. 9:05 P.M. (E.D.S.T.), upon applieatice of Joseph P. Dunne, Pine Neck Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, SEction 300, B-14, for permission to conduct a yard sale on June 30, 1973; rain date July 1, ].973. Location of property: north side Pine Neck Road, Southuld, bounded north by Mullen; east by Founders Homes; south by Pine Neck Road; west by Oed. ~, 9:10 P.M. (E.D.S.T.), uponl Iapplication of St. John's Lutheran Church, Hicksville Road and Gall Drive, North Massapequa, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Sub- section B-2 and B-4, for per- mission to (1) have Mission Church; (2) have residence for director of mission church and his family; (3) have refreat center for members of church; and (4) have foster care of children by director and wife on emergency basis. Location of property: north side Seand View Avenue, Seuthold, bounded north by Great Pond; east by D. Currie; south by Sound View Avenue; west by T. Martin A Martin Ranieri and others. 9:30 P.M. (E.D.S.T.), upon application of Cutchogue Methodist Church, Main Road, Cutcho~ue, New York, for a special exception in accordance with the Zoning Ordinance, section B-14, for permission to have yard. sale on Jane 2, 1973. La~tian of oro~_rt~: north side COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: ........ $.~.v.~r.~..C. :. ~.o.~..~.n .............. being duly Sworn, says that . .h.e.... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper publ/shed ~t 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, f~r ........... ?.n.c. ............ weeks successively oommencing on the seventeenth :.. r: .... Sworn to before me this . .~../. .... day of .. ~..'~!~.//... ~.~..,.' 19/.Z~. / '~.,-.~_~ ti~,f~ ~ ~.1-o%~,~.',-< .~ .'..-.-':: · ;. :... / "'R'~i~&~ :,'~uil~; 'cg.'.i~ ...................... / · ,~y Comn~issien E~pires ~arch 30, 19 /] XVII, Section 1'/02 of present Zoning Ordinance or Article X, section 1013 of old Ordinance. Location of oropert~: Lot No. 69, Map of CleaV~ Point, Sec- tion III. 3:45 P. M. (EDST), upon ap- plication of John and Marie Ball, 51 East '/3rd Street, New York City, New York, for a vari- hn~ ordinance, Article III, Sec- tion 301, and the Bulk Schedule. for permisston to construct dwelling on lot No. 74, Map of Cleaves Point, Section HI, not on spproved list under Article X~riI, Section 1702 of pre~ent Zoning Ordinance or Article Section 1013 of old Ordinance. Lot NO. 74, III. 9:05 P. M. (EDST), upon placation of Joseph P. Dunne, pine Neck Road, Southold, New York, for a special exception in accordance with the Zoning Or- dioance, Article III, Section 300, B.14, for permission to conduct a yard sale on June 30, 19'/3; rain d~te July 1, 1973. Location of p~operty: north side Pine Neck Road, Southold, bounded notth I~ Mullen; east by Founders ~omes; south by Pine Neck Ro~d; west by Oed. g:10 P. M. (EDSTL upon ap- St. John's Lutheran Church, Rlcksville Road and Gall I~ive, North Massa~ua, New York, for a special exception in a~cordance with the Zoning Or- dinance, Article II]I, Section 300, S~l~cctton B-2 and B-4, for per- u~sion to (1) have Mission Church; (2) have residence for dl~ctor of mission church and hh family; (3) have retreat cen- ter for members of church: and (4) have foster care of children by director and wife on emer- basis. Location of proO- west by Cemetery. by Horton Road: west by P. 9:40 P. M. (EDST), upon ap- plication of Ernest and Stella Radford, Main Road, East Mar- Zoning Ordinance, Article l'~i, south side Main Road, East Mar- ion, bounded north by Main Road; east by K. Gardiner: aouth by G. Smith and others: west by 0lioation of Mr. and Mrs John COUNTY OF SUFFOLK } ss: STATE OF NEW' YORK C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLANI~ TRAVELER - MA'I-FITUCK WATCHMAN, a public news paper printed at Southold, in Suffolk County; and thai the notice of which the annexed is a printed copy, has beer published in said Long Island Traveler-Mottituck Watch man once each week for ....... .~......(../.../. wee~,~ successively, commencing on the ........... /.....~... ................ day of ........... ,f~...~......~-~ 1~I~-~. Sworn to before me this ...... Z..C~.....?.... day o ADELE PAYNE Notary Public, State el New York 1T- 5-1'/ ~OWN OF ~OUTHOLD, NEW YORK .APPLICATION FOR SPECIAL EXCEPTION APPLICATION NO. /? '~ / DATE r.~...a,Y,..,..8...~....,,~,,.~. 7 3 TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y, Name Street and Number ....... 2 .................................................................................. .................................. Municipality State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINA/~CE ARTICLE I T I SECTION 3 0 0 SUBSECTION B 2 a.nd B [~ TPIE SPECLKL FL~CEPTION IS t~EQUESTBD BECAUSE THE PROPOSED USES ARE AS FOLLOWS: 2.~sidenee for director of mission church .and his family 3. Retreat center for members of SE. Johns Lutheran Church 4. Foster care of children by director and wife on an emergency basis STATE OF lkrEW YORK ) to~hi~_..~:~ ........ ~of.....~_,~_ ...........19.~ ............ Attorneys for Applic~t Sworn Notary Public .... . ~e o~ ~ew york ' In ~assaU CQaT~ ~ ~ BERNSTEIN $ VERPLANK 175 Fulton Avenue Hemps~ead, N.Y. FORI¥I ZB2 TOWN OF $OUTHOLD, NEW YORK APPLICATION FOE SPECIAL EXCEPTION APPLICATION NO, / TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y, Name Stree% and Number ~o, ~s~ape.q~a New Yo~k Municipality S~ate hereby apply To T~ ZOR~NG BOARD OF ~PEALS for a SPEC~ EXCEPTION in accordance with ZONING ORDIN~CE ARTIC~ ~I SECTION S~SECT~ON B 2 ~d ~ ~ THE SPECIAL EXCEPTION IS REQUESTED BECAUSE ~ ~0P0~D USES S. Re~ea~ eer~e~ fo~ ~e~$ of $~. J~$ Lu~ CB~ ~, FO~e~ ease of ~hti~n by di~e~o~ ~d w~e on an STATE OF~kr~lW YOR/~ ) COUNTY OF ~/) Signature / DAVID ~. S~o~ ~ th~ ...... ~ ............ d~ of~ , 19 EE~STEI~ VE~4K Nota~ Public " Hemps~ea~ NO~ ~blic, State of New y~ ~ ~ua~ {~ ~u County FOR/~ ZB2 July 28, 1975 Director of Genesis House St. John's Lutheran Church Sound View Avenue Southold, N. Y. 11971 Dear Sir= The Board of Appeals reviewed your file at a regular meeting held on July 24th, 1975. We would appreciate receiving from you a review of your activities since your application was granted on July 3, 1973. At that time the Board set certain limitations and restrictions. When our Building Inspector, Mr. Hindermann, stopped by Genesis House at 4~05 P.M. on July 24th, he found that the outside stairs on the east side coming from the large dormitory have not as yet been repaired. He also dis- covered that one cover of cesspools is breaking up and should be replaced. Yours truly, ~mm MarJorie McDermott Secretary July 18, 1975 Director of Genesis House St. John's Lutheran Church Sound View Avenue Southold, N. Y. 11971 Dear Sirz On July 3, 1973 St. John's Lutheran Church was granted permission to (1) have Mission Church; (2) have residence for director of mission church and his family; (3) have retreat center for members of church; and (4) have foster care of children by director and wife on emergency basis at the church on the north side of Sound View Avenue, Southold. One of the conditions of granting was that the Board of Appeals"may review this application and the operation of the project as it affects the co~munity at any time but, in any case, before August 1975." Accordingly, the Board of Appeals will review your Appeal No. 1771 at 7~30 P.M. on July 24, 1975. If you would like to be present to discuss the operation of Genesis House with the Board, you are most welcome. We understand fro~ Mr. Hindermann, our Building Inspector, that the outside stairs on the east side coming from the large dormitory will be repaired within a week. Also, that the sign which was in violation has been removed. Yours truly, Marjorie McDermott, Secretary BERNSTE~N & VERPLANK ATTORNEYS AT LAW 1'75 FULTON AVFJ'qUE June 22, 1973 Robert W. Gillespie, Jr., Chairman Southold Town Board of Appeals Southold~ LonE Island, N.Y. 11971 Re: Appeal No. 1771, Application For Special Exception by St. John's Lutheran Church Gentlemen: This letter is w~itten to provide the clari- fications requested by your letter of June ~ 1973. The following information is presented in the same order as the points raised by your letter. 1. The property's use as a facility for church related activities by St. John's Lutheran Church and local congrega- tionD contemplates activities such as bible study meetings~ ~ school teachers' meetings, church council meetings~ etc. 2. The property will be used as a residence by the director of the facility and his wife. The director will also have the responsibility for the maintenance of the property and will be the primary supervisor of the activities conducted there. Two rooms on the second floor will be used by the director and his wife as their apartment and of course they will make use of the kitchen and dining facilities on the first floor. 3. The use of the facility as a retreat center for members of St. John's Lutheran Church is planned for meetings or con- ferences lasting more than one day. When such meetings or con- ferences are held, it is planned that the attendees will take care of their own food preparation and service. The sleeping BERNSTEIN & VERPLANK ATTORNEYS AT LAW Robert W. Gillespie, Jr., Chairman Pg. 2 6/22/73 arrangements will be accomodated in the two bedrooms re- maining on the second floor and one room on the first floor is intended to be used as a small dormitory. With respect to the length of stay, it would usually be two nights only but that is not to rule out longer periods. It is also projected that the total number of per- sons staying over-night would not exceed 20 to 25 since that is the number which could be comfortably accomodated. Teenage St. John's Church g~oups making use of the facility for such overnight visits would be supervised by at least two adults in addition to the director and his wife. ~. Foster care of childmen by the director and his wife is a use which will be infrequent and of short duration. After carefully considering the circumstances under which this might occur, it can be stated that such children would be un- der the age of six (6) and the length of their stay would be only for a weekend. Also, there would not be more than two such children at one time and more likely, only one. Under these circumstances, it appears that no special exception may be necessary as such use is within the realm of the use of an ordinary residence. In response to the first paragraph of the second page of your letter, your understandings are correct, the pro- posed uses would not constitute a ohumch or a "worship community" or a "mission church". However, when St. John's Church groups are in attendance at the property, there would of course be a set time for their Sunday Church services. With respect to paragraph two of the second page of your letter, please be assured that there is no intention of using the property as a multiple dwelling. I do not believe the uses as outlined above constitute a use such as would be defined as a multiple dwelling use. No change in the external configu~a- BERNSTEIN & VERPLANK ATTORNEYS AT LAW 17S FULTON AVENUE Robert W. Gillespie, Jr., Chairman Pg. 3 6/22/73 tion of the buildinEs are proposed and internally only re- pair and renovation are planned. The property will be used, as stated, more or less continuously over the summer months by the members of St. John's Lutheran Church~ and probably only on weekends over the rest of the year. There is~ on the pro- perty~ space for parking approximately 60 cars which is well more than will be needed for the uses proposed. With respect to the last sentence of your letter~ the facility itself has no such specific purpose as "outreach", evangelical activities or "proselytizing". The membership of St. John's Lutheran Church and the resident director are pre- sently involved in programs which are referred to as "outreach" and involve servicing such individuals or groups as may ex- press a desire for information, help, teaching or any other need that the church membership may serve~ as well as witnessing their belief in Jesus Christ (evangelical activities). In that respect they are not unlike any other Christian Church member- ship. Proselytizing of people is not an objective of St. John's Lutheran Church as they understand the word's meaning. How- ever~ it is not their intent to use the facility as a center for such activities but to use it for the purposes as I have attempted to outline and clarify them above. I hope that this letter is a complete response to your request and I will be at the June 28th meeting of the Board to provide any additional information if needed. /~y truly you~, DH¥: cdh BERNSTEIN, ~OMMER & VERPLANK ATTORNEYS AT LAW May 8~ 1973 Town of Southold, New York Board of Appeals Main Road Southold, New York 11971 Re: Application For Special Exception by St. Johns Lutheran Church Hicksville Road and Gall Drives No. Massapequa, New York - Premises Northside of Sound View Avenues Southolds Gentlemen: I am enclosing the above referenced application in duplicate. The applicant is contract vendee of the premises. I have enclosed two copies of a map of the property and four additional copies are being forwarded under separate cover. Also enclosed are six copies each of a map showing all property owners within five hundred feet, buildings with- in 200 feet~ etc.s and locality sketch together with the ap- plication filing fee in the amount of $15.00 Additional information, if required, will be sup- plied on request by the undersigned. ~erY truly y°~, DHV:¢dh Encls. June Mr, David H, Verplank B~rnstein, Sommer & Verplank 17~ FuXton Avenue Hempstead, N, Y, 11311 Subject, AuDeal NO! 177l Application for Speci~l Exception by Location of property~ N.S. Sound View Avenue, on Great Pond, Dear Sir~ At the hearing it ~s dete~ned tb~t your application covers the follo~nguses ~nd activitiecs Facility for use by St. John'o Lutheran Church, North Na~sapeqma, and local congregations, ~or church related activities, Yea~ ~u~d residence for director and wife, and hic f21y, Retreat center for uae by mombsrc of St. John's Lutheran Church for planned reXlg~ouc inotruction of up to 30 individ'mlc, either tecmagers or couples, whose stay wou~d not exceed 2 nights 3 dayc. PermAosion for foster care on an omergenoy b&ois of not more than three amaAl children or babios (lO years or under) awarded to your care by the Queens County Court for a period of not over 30 days! care to bo f~m~mhod by the propomed resident director and his wife, A possibility ox~sto that Nassau and Suffolk Courts ~tght Lice Join tho fore- go~ng arrm~goment, - 2 - ~'e understand Further that tho propoeed uees wottld not oonetituto a church, or a 'worship oonunu~ty'~ or a 'mission church' (defined by Rev. Coleman as being a 'church that hoe not petitioned the State of New York For incorporation to become an independent incorporated bodF'). There would bo no activity on Sundays unless a 'retreat" ~s in pro~eee! no eot time for religious church eex~ioeo, Tho Foregoing material iea rongh draft of our inter- pretation of sene of the princip4L1 facts elicited at tho public he~ing ae related to the Bofwd of Appeals, after a review of the minutes of the meeting. }~wevors it is incomplete with regard to Board of Health and ~h~ttiple D~olling rosatlationes and the requires,nfo in our Ordinance of Sits Plan ApprovaA by the Planning Board. ~ Accordingly, and after oor~Terring with Mr. Robert / . ~,'~ Taeker, Greenport, To~ Co.aoX, it ~ll aoalo$ ua ~ ~0~'~ ~. reac~ a decision at ~ e~ly ~e if you ~XX ~ite *'~ /~ ~ther defi~ng ~y ~d ~1 of the pu~aeo you ~uld ~~ inte~ es use t~8 p~perty ~or, tot~ numbers of people p~vAded ~inoX~ ~ood, sleepi~ ~e~t., I~e~lion ~eMntl)~ al ~11 lO ~ eltimte of the ~A~ ~ki~ F~rO~tO, Please, ~oo, cl~i~ the p~ose ~th re~ to "~eXic~ aoti~tiea', 'outreach', ~d 'P~selytizi~' p~ple ~thin the co~ity. Yours very Robert W. Gilliepie, Jr,, Chairm~n SouthoXd To~n ~trd of Appee~te Copiee Robert ~eker, Esqep Town Counsel Mr, John Wick~, Cl~ruuLn~ $outhold Town Planning Boa~d j~ por~d ~h -% ,..~ O UTtW OLL) ~c~/z ~ -4,0'= [~.odewlce Wttt 'Fuyl, lin. c.