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HomeMy WebLinkAbout1197 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1197 Dated July 24, 1968 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTNOLD To Suffolk Outdoor Advertising Co., Inc. Riverhead, New York 11901 DATE..O. ctob~._ll, 1968 Appellant at a meeting of the Zoning Board of Appeals on Friday, October 11, 1968 was considered and the action indicated below wa~ taken on your ( ) Request for variance due to lack of acces~ to property (X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoninz Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution ~ the Board ~ was d~ermined that a, ~i~ excepfio~ ( ) be ~anted ( ) be de~ed pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zonin~ Ordinance, and the decision of the Building Ins~ct~ (- ) be revers~ ( ) be confirmedb~ause 8:00 P.M. (E.D.S.T.), upon application of Suffolk Outdoor Advertising Co., Inc., West Main Street, RiVerhead, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300~ Subsection 10, and Hrticle IV, Section 408, for permission to erect an off-premises directional sign 6' x 12'. 'LoCation of property: south side of Route 25 near Moores Lane, Greenport, New York, bounded'northbyMain Road, east by'Greenport Homes Subdivision, south by railroad, west by Fleet Lumber Inc. 2. VARIANCE. By resolution of the 'Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or hardshio because SEE REVERSE unnecessary (b) The hardship created ~is) (is not) umque 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 (e) The variance (does) (does not) observe the spirit of the Ordinance and change the character of the district because SEE REVERSE (would) (would not) and therefore, it was further determined that the requeeted variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ) be reversed. FORM ZB4 ZONING BOARD OF APPEALS Betty Neville, Secretary By investigation'and public hearing the Board finds the following facts pertinent to the decision. This application is for a two faced, detached or ground sign 6 feet,by 12 feet in a residential area, approx- imately opposite Moore's ~ane o~ the heavily traveled Route 25 one of two main highways leading through the Town, approx/mately 500' from the Greenport high school. The sign, 6 feet by 12 feet, totals 144 square feet on both sides to be used to advertise and/or direct to local businesses and/or ~ational advertisers. The Board finds that the applicant is in the outdoor advertising business, that Suffolk Outdoor Advertising Co., Inc. currently owns 13 billboard type sign structures 12 feet by 25 feet in the Town of Southold presently in use more that 11 years after passage in April 1957 of the present Building Zone Ordinance, which prohibited the continuance of non-conforming signs after five years unless continuance is authorized as a special exception by the Board of Appeals (Art X, Sec 1002), that the applicant was denied continuance of these billboards in 13 separate decisions on July 24, 1967, upheld in both the Supreme Court and later in the Appelate division, that formal papers askin~ for leave to appeal to the Court of ~peals were prepared for presentation on Sept, 24, 1968. T~e 'B0a~d'fln~s'that the applicant seeksp~rmlss~on' ' ~or two sig~s the purpose of ~hich ~ identical to the i3 aforementioned signs which were denied in July 1967.....differing only as to s~ze. AUthori{y 'of the Board 6f Appeals to g~an~ or deny sign applications'such as the applicant Proposes in a residential area is clea~ly stated ~n Article Iii, Section 300, Subsection 10. Ten year~ of experience of the Board of Appeais indicates the majority of residents appearing before the Board and the Civic Associations consider off-premises billboards to be a violation of the letter and spirit of the Ordinance. A Cornell University study survey, published in 1967 indicates that 82% of non residents visiting the Town of Southold were attracted by the physical character and rural atmosphere of the Town. The detrimental effect to property values of billboards is very real. Early in the administration of the ordinance, the Board recognized a need to direct visitors, non-residents, and other travellers to places to eat, sleep, worship, amusement areas, business areas, transportation facilities and authorized the permissive use of signs for these purposes, imposing various safeguards in the public interest in the form of conditions relating to size, location, number, and wording. ~aximum size presently 4 feet by 6 feet.) These signs are regarded as being strictly in the interest of the travelling public and a minimal approach to the problem of directing the public .... similar in purpose and intent to those permitted in rest areas on primary and interstate routes as outlined in New York Law, Section 581, June 1968. In considering the above the Board determines that the use will prevent the orderly and reasonable use of adjacent properties or the properties in adjacent use districts; that the safety, the health, the welfare, the comfort, or the order of the Town will be adversely affected by the proposed use and its location; the use will not be in harmony with and promote the general purpose and intent of the Ordinance and that the character and probable development of uses in the district will be adversely affected and that the conservation of property values will be adversely affected. Therefore, it was RESOLVED that Suffolk Outdoor Advertising Co., Inc., Riverhead, Ne~,York, be DENIED permission to erect a two faced billboard on the south side Route 25, near Moore's Lan~~rt, New York. LEGAL NOTICE of the Towr~ of Southold, Suffolk County, New York, public hearings will be hel~ by the Zoning Board old, at the Town Office, Main Road, ~ Southold, New York, on August 15, ~ 7:30 P.M. (E~D,ST.,) upon appli- Jule Lan~'~r~attituck N~v York, t for a v~r. ia~? in accordance with the Zomng Ordinance, Article III, I~ection 306, for permission to con- struct private one car garage and storage building with insuflfcient front ya~' ~etback. Location of property; C ~bs~ ~el Lane and Ole Jule Lane, York, bo nd- ed north by ~aiiai, east by PI. Ther-- ien, south by Ole Jnie Lane, west by Channel -Lane. cation 6~ Marvku a~ Nat~.ie Parr King S~eet,. Orient, New York, for Zoning Ordure, Article III, Sec- tion 303, A~i~le X, Section Article II1. ~tion 307, ~nd Art- 100 foot frontage. Location of ' Orient, Ne~', York bounded 'north by Serge Traube and others, east] 8:00 P.M. (E.D.S.T.), upon .appli-] catic~ of Suffolk Outdoor Adver- IV, Section 408, for permission to e~'ect, an off-premises directional Lane, Greer~pert, ~lew York, bound- ~:10 P.M. (E.D.S.T.), upon appli- cation of Suffolk Outdoor Advertis- ing Co., Inc., West Main Street, Pdv- ception in accordance with the Zon- in, g Ordinance, Article IPI, Section remi~s d~reefional sign 6' x 12'. Route 25, Cutchogue, ~Iew York bo~nd~ north by Ralph W. Ster- ling Estate, eas~ by New York Tel- ephone Co., south by Main Road, west by Ralph W. Sterlin~ Estate. 8:20 P.M. E(.~.S.T.), upon appll- ~tion of Suffolk Outdoor Advertis- ing Co., Inc., West Ma~ Street, erhead, ~lew York, for a special ex- Zoning Ordinance, Article IV, Sec- o~f-pre~n~e~ d~ectional sign 6' x 12'. Locatic~u of property: south side of Route 23, Cutchogue, New York, bounded north by Main Road, east by Moores Lane or Linden Ave- nue, ~uth by North Fork Country Club, west by C. Jablc~ski. Any person desiring to be heard on the .above application shonid ap- pear at the time and place above DATOJ~D: AUGUST 1, 1968, BY ORDER OF THE SOUTPIOLD COUNTY OF SUFFOLK, } ss: STATE OF NEW YORK, j .... ~.-..~.~: ?.~.~.~...?~... ,~.~..~-~. :.~..~ ..... being duly Sworn, s~s that ...~. ~ is Printer and Publisher of ~e SUFFOLK ~EEKLY TIMES, a news~per pubUsh~ ~ G~enport, in s~d county; and ~at the n~oti~, of which the ,~ne~d is ~ ~int~ ~py, ~s been published in the ~d Suf~lk W~k~ Times once in each week, t~r ........ ~'.~.~'. ............. week~ suc~ssively ~mmencing on ~e dayof .. ~c~/~ 19A~ ...... ~ · .~~;~'~ ......... S~ to ~f~e me this .. ~/~... COUNTY OF SUFFOLK / STATE OF NEW' YORKt ss: LEGAL NOTICES NOTICE OF H~ARINGS Pursuant to Section 267 ~f the Town Law and the provisions of the amend- ed 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 AUgUSt 15, 1968, on t~e rolo lowing appeals: ';:-~0 P. M. (EDST), upon application ~ Austin B. Tuthill, ale Jule Lane, Mattituck, New York, for a variance ~ accordance with the zoning Ordi- ~ance, Article IH, Section 306, for i~ermlesion to construct private one c~ ~arage and storage building with ~icient front yard setback. L~cat~on O! property: Channel Lane and ale Jule Lane, Mattituck, New York, bounded north by canal, esst by H 'l~herlen, south by ale Jule Lane, west b~ Channel Lane. 'h45 P. M. (EDST), upon application Of Marvin J. and Natalie Parr, Street, Orient, New York, for a vari- ance in accordance with the Zonin~ Ordinance, Article III, Section J~rticle X, Section 1000A, Article Section 307, and Article III, Section $09, for permission to divide lot, each with lees than 100 foot frontage. Loca- tion of property: N/E side of B~ing Street, Orient, New York, bounded ~orth by Serge Traube and others, cast by Holtzman, south by K~ng S~reet, west by M. Latham. 8:00 P. M. (EDST), upon application ~f Suffolk Outdoor Advertising CO., ~nc, West Main Street, Rlverhead, New ~c~k, for a special exception in ac- cerdance with the Zoning Ordinance, Article riI, Section 300, Subsection 10, and Article IV, Section 408, ~fce per- mission to erect an off-premises ali- · ~ional sign 6' x 12'. Location oft ; ir,'operty: south side of Route 25 neorI M~oros Lane, Greenport, New Yerk, C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- bounded north by Main Road, east bY;uffolk Count~; and that Orcenport Homes Subdivision, south by railroad, west by Fleet Lumber, Inc. s a printed copy, has been 8:10 P. i%I. (EDST), upon application of Suffolk Outdoor Advertising Co., raveler-Mottituck Watch- Inc., West l~aln Street, Riverhcad ~ ,// / accordance with the Zoni~ Ordinance, Article III, Section 408, for permi~ion to erect an off-premises directional .............. ;'~ ...................... sign 6' x 12'. Location of property: ]~/. north side of Route 25, Cutchogne, New ~ York, bounded north by Ralph W. ,~ Sterling Estate, east by New York ~ Telephone Co., south by Main Road i ~/,~'~'~'L/L~ 8:~0 P. M. (EDST), upon application / of Suffolk Outdoor Advertising Co., / New York, for a special except on in accordance ~th the Zoning Ordinance, I Article IV, Section 408, for permiesion jJS ....................... day of sign 6' x 12'. Location of property: south side of Route 25, Cutchogue ~ New York, bounded north by Main! Road, east by Moores Lane or Linden Avenue, south by North Fork Country Club west by C. Jablonski. Any person desiring to be heard on the above application should ~ppear ~ ' '~'7"' '-'; .................. at the time and place specified, i DA'r~l~: AUGUST 1, 1968 ~MITH, TASK~R, FINICELSTEIN AND LUi~I~ERO July 31, 1968 Mr. Cron app: for leave to appeal in the Both Mr. Cron and l Brook where he has a recess. an order to show cause before Judge Sclleppi. before the Judge ~n stony C~UZ~ of Appeals being In The conditionthet prepared and September Xt is filing a In the the event to the silos was si ar, ia stay granted upOn the asking leave to appeal be day of the Fall Term, - conditioned upon the apgellant's of $2500.00 which will be forfeited ~n is not granted and they fail to remove af~e= service of such order. We shall continue to oppose this application and we trill believe the probability is slim that leave be granted to ~uzther appeal. The p~ovisions for the bond should elim/~mte the need for enforcement pzoceedings to get the signs down. Very truly yours. Zcm£ngBoard of Appe&ls Town of Southold Southold, New york HOMA~DM. F~NKEL~TBXN C T0/WN 0~ $OIATIIO~D, NEW YORK 0 APPLICATION FO~ SPEOIAL EXCEPTION DAT~ IU-3-y--~--1968 TO THE ZeN/NO BOAP,~D OF API~KAL~, SOUTH OLD, N. Y. Suffolk Outdoor Adv. Co.,In%f West Main Street Name Street and Number Riverhead New York M~nicipallty State hereby apply to THE ZONIN(} BOARD OF AI~EALS for a SPECIAL EXCEPTION in accordance with the z~o O~Vn~u~c~. AaT~C~ III amc'~o~ 300 strms~oN 10 and Article IV ~ection 408 T~IEM~ECIAL~iCEPTION ~P,/~UES'r.~JoBECAUSE the undersigned desires to erect an off-premises sign on premises of Andrew F. Cassidy on the south side of Route 25 near Moores Lane, near the Village of Greenport in the Town of Southold. Said sign is to advertise and/or dimzX direct to local businesses and/or national advertisers. Said sign will be two-faced, detached or ground sign, and 6' X 12' The premises upon which the sign is to be erected appears to be presently zoned Residential & Agricultural. A lease or consent of owner(s) will be evidenced to the Zoning Board at the public hearing. That the granting of said sign by special exception will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; and will not afdect the safety, health, welfare, comfort, and convenience or order of the Town; that such use will be in harmony with the ordiaance and its administration in that similar signs exist within the Town, both on-premises and off-premises. SUFFOLK OUTDOOR ADVERTISING CO. INC. STAT~ OF iN~W YO~E ) By ..V_~_c.e-Pres. IcI4ARD L CRON ~ '" :n thc State of N.Y. Nota~ r~' Sui[olk Count~ My ComiSSiOn Exp{res Mar. 30, 19~-~ ~ ZB~