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
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