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HomeMy WebLinkAbout1198 TOWN OF SOUTHOLD, NE~V YORK ACTION OF THE ZON1NG BOARD OF APPEALS Appeal No. 1198 Dated July 24, 1968 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Suffolk Outdoor Advertising Co., Inc. Riverhead, New York 11901 DATE...Q~.O~._ll, 1968 Appellant at a meeting of the Zoning Board of Appeals on 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 Ordinanc~ ~ ' ( ) Request for a variance to the Zoning Ordinance ( ) Friday, October 11, 1968 the appeal I. SPECIAL EXCEPTION. By resolution, ~ ~e Board it was determ~ed ~ a ~eci~ exc~on ( ) be ~anted ( ) be denied p~sm~ to Artic~ .............. ~... Sect~n .................... Subse~n .................... par~raph .......... ; ......... ~ ~e Zonin~ Ordinance, ~d the decision of the Building Inspector ( ) be reve~ed ( ) be confirmed because 8:10 P.M. ~.D.S.T.), upon application of Suffolk Outdoor Advertising Co., .Inc., West Ma~n Street, Riverhead, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 408, for permission to e~ect an off-premises directional sign 6' x 12'. Location of property: north side of Route 25, Chtchogue, New York, bounded north by Ratph W. Sterling Estate, east by New York Telephone Co., south by Main Road, west by Ralph W. Sterling Estate. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would ~ot) Produce hardship because SEE REVERSE practical ~ffficulties (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the irmuediate vicinity of this p~opert.y and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and change the character of the district because SEE REVERSE (~ould) (would hot) and therefore, it, was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( be reversed. FORM ZB4 ZONING BOARD OF APPEALS ,- Betty Neville, Secretary By investigatio~ and public hearing the Board finds the following facts ~ertinent to the decision. This application is for a two faced, detached o~round sign 6 feet by 12 feet in a business area approaching the main residential Cutchogue area on one of the two main routes of the Town. The sign, 6 feet b~ iX ~et, tOtals 144 squat9 feet on both sides, to be used on one side to direct and/or advertise the North Fork Marina & Shipyard (a business owned by J.A. Kenniff who is also V.P. of Suffolk Outdoor Adv.)..o.t~e other side of the sign to advertise and/or direct to local businesses and/or national 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 than 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 ~rt 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.asking for leave t9 .a~Re~l ~9 t~ court of Appeals were prepared for presentation on ~ept. 24,. 1968. ,T~.~ Bo~r~ finds that the applicant Seeks permission for a two faced.sign, the purpose of which is .... identical ~ the 13 aforementione~ signs which were denied in July 1967... ly d{ffering ~n as to size. Authority of the Board of Appea~s to grant or deny sign applications such as the. applicant proposes in a~usiness area is clearly stated in Article IV, S~ction 408 covering s, ifns authorized as a special exception in the "B" business district. Ten years of experience of the Board of Appeals indicates the majority of residents appearing before the Board and the Civic Associations consider off-premises billbgards to be a violation of the letter and the spirit of the Ordinance. A Cornell Univera~ty Study Survey, published in 1967 indicites 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 min/mal approach tothe 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 of the ~x~ 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, New York, be DENIED permission to e~q~ faced billboard on the north side Route 25, Cutchogue,~. ~~.~. __ , ABPLICATION FOR SPECIAL EXCEPTION APPLI~ATIOAT NO. DATE __J .u-l.I--2-..4. ~...-19 6 8 TO THE ZONING BOARD 0~' AFPF~LS, SOUTH OLD, N. Y. _ .Suffolk Outdoor Adv. Co, Inc . West Main Street Name Street ~nd Number Iv~tmicipality State hereby apply to THE ZONING BOAI%D OF AP?EALS for a SPECIAL EXC~'TIO.N in accordance with the ZONinG om>n~a~c~. AaT~C~E IV amOebaN 408 T~mspBCLaLEXCUm~r~ON m P~QUESTgDBECAUSE the undersigned desires to erect an off-premises sign on premises of John Malinowski on the north side of Route 25 in the Hamlet of Cutchogue. Said sign is to advertise and/or direct the public to national advertised products and/or local businesses. Said sign will be two-faced, detached or ground sign, and 6' X 12'. It is intended that one side of the sign be used to advertise and/or direct to The North Fork Marina & Shipyard and the other side used to advertise and/or direct to a national product. The premises upon which the sign is to be erected are presently zoned business. 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 affect the safety, health, welfare, comfort, and convenience or order of the Town; that such use will be in harmony with the ordinance and its administration in that similar signs exist within the Town~ both on-premises and off-premises. SUFFOLK OU'£oOORADVERTISING CO., INC. 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