HomeMy WebLinkAbout1004 TOWN OF SOUTHOLD, NEW YOEK
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 1004 Dated November 23, 1966
ACTION OF THE ZONIN~ BOA~%D OP APPEALS OF TI-IE TOWN OP SOUTHOLD
To Sterling Nurseries
Main Road
Cutchogue, New York
DATEDecerabe~.15,1966
Appellant
at a meeting of the Zoning Board of Appeals on December t5,
Was considered and the action indicated below was taken on your
( ) t%eques{ for variance due to lack of access to ~)roperty
~X) Request for a special excefotion under the Zo, ning Ordinance
( ) Request for a variance to the Zoning Ordinance
( )
1966 the appeal
L SPECIAL EXCEPTION. By resolution of the Board it was determined tl~at a special exception ( ? be granted
( ) be denied pursuant to Article ............... Section ..i .... ~ .... i~i S~bsection ................ paragraph
............. of the Zoning Ordinance, and the decision of the ~nildin~ Inspector ( ) be reversed ( ) be
confirmed becaase '7
9:4~ P.M.,(E.S~T. ), Upon apl~lication of _William Sterling, a/c
' S~erling Nurseries,.. Main Road, Cutchogue, New York,-for a special
exception in accordance with the Zoning Ordinance, Arti~ IV,
Section 408, Subsection (al, for peermission to retain, more than
one ground sign on premises. LOcation of property: north, side
Main Road, Cutchogue, New York, bounded north by R. Sterling, east
by G.T. Billard, so~lth by Main Road, west by B. Pawluczk.
2. V.~RIA/VCE. By resolution of the Board it was determined that
(a) Strict application 'of the Ordinance (would) (would not) produce practical difficuliiss or unnecessary hardship
sEE REVERsE
(b) The harO~hip created (is) (is not) unique and (would) (would not) be shared by all properties ah,ke in the
immediate vicinity of this proEoerty and in the same use district because
P VERSE
(c) The variance (dces) (does not) observe the spirit of the Ordinance and (would) (~ould not) change the character
of the district because
REVERSE
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.
FOR/V! ZB4
Barbara C. Dittmann, Secretary
After investigation and inspection theBoard finds that the
appellant requests permission to retain more than one on premises
ground sign. The Board finds that the appellant's business is made
up of a number of separate operations, a retain garden center, and
a nursery and landscape business, a retain florist and greenhouse
which is located 1000 feet up Sterling Lane, however this is all
on the appellant's own ~ property. The Board finds that sign
number one is a general identification sign. Sign number two
advertises the nursery and landscaping operation. This sign is
located less than five feet from theproperty line. The sign
number three is used as a special promotion sign in conjunction
with the retail ~arden operation. If this sign was placed in a
window it would not be ~isible to passing traffic. Sign number
four is a directional sigm, on the appe~l~n~'~ ~wn property, used to
apprais~ customers of the loaation of and the services and products
_avai!abl~ at the greenhouse 1000 fee~ up ~terling Lane. The Board
finds that all the signs are e~se~tial~ to the separate business
conducted on the same parcel of land.
The Board finds that the public convenience an~ w~lfare and
justice will be served and the legally established or
permitted use of neighborhobd~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 that William Sterling, a/c Sterling
Nurseries, M~in Road, Cutchogue, New York, be granted permission
to retain more than one ground sign on property located on the
north side Main Road, Cutchogue, New York, as applied for on the
application to the Board of Appeals, application dated November 23,
1966, subject to the following conditions:
1. Ail signs shall be granted for one (1) year only, renewable
annually upon written application to the Board of Appeals.
2. Ail signs shall be subject to all subsequent changes in the
Southold Town Building Zone Ordinance as it applies to ~3~ signs.
To~vN 0!~ SOUTIt, O~O,, NEW YORK
A/~PLICATI,ON FOi~ S~EOIAL E~ZCE~TION
[..q..v,.:_._2,.3,.~.......1966
TO TI-i~E ZOE~TING BOARD OF APP~M, SOUTH OLD, N. ¥.
(we) %fm~ Sterling A/C ................ o~ Main Road
Name Street ,and Number
Sterling Nurseries
................................................................................................................................................... .C~.c...h..~g..u.e_.~.._ ~,{:....,..Y..,. .............................................................
M~u nicipality State
· here,by aDply to TIlE ZONIN,~ B'OA~D 0,~ APPE~LS for a S~]~C!AL EXCERPTION in aooordance with the
ZONING ORDINKNCE Ai~TICLE ~ SECTION ~o8
SUbSECTiON
, ~ TI{E~PECIALEI~CE?~ON IS REQIFESTEDBECAUSE This business is made up of a
n~De_ of separate operations~ a retail garden center~ a nursery ~nd landscape
business %~th offices ~ the garden center~ a retail florist and gree~ouse
located 1000' up Sterl~ug Lane~ and bedding plant~ growing at this s~e location.
It is for this reason that we feel we need each sign we D~ve.
Signal is a general identification sign mo~ted on t_he roof and is lighted at
night. -
Sign ~2 specifical~ ~ '
a~vert~s~s our nursery and landscaping operation and is the
o~y one -~nich does. We request that its location not be changed for the follow-
in~ reasons. It is located on ~e top of a 30" ~ ' -
~ emba~ent, if moved away from
the west line the minirm~ ~' it ~uld either be too low to be seen or if high
enough to be seen would be very ~ngainly and ugly, Even more ~oort~qt if moved
it ~-ould take up co~_slderao!e space ~ the parking lot eve~- inch of ~ich is
very necessary to us. Not only would it take up park~g space~ ~aich a~ certain
times even now is inadeo~ate~ but it would also become a hazard for cars turn~
lng and parking.
Sign ~3 is used as a special promotion sign in conj-~ction with the retail garden
center= _ ~°Perati°n~ Stores in locations
w~n~o~s. In o~ location we b~ve little o~ no oedestri~ traffic ~ud signs in
our ~indows do not show uD from t_~eh ~nlgnway.' 'For' this reason we have to place
the sign %~here it ~1i ca%ch the eye of the passerby. Again this sign is less
t~n ~ minim-~ from the bouiad~ line. We request t~t an exception be granted
in this case for the reasons that follow. Placing it further aw~y from the prop~
arty line wo~d t~e up more park~qg space~ which as mentioned before is at a
premi~, and a!sD place it right where much of the traffic in the parki~ area
moves. _nets is a highway tree located between the ILne and the sign. To move the
sign further from the tree would '
~= ......... - ~cgomplm~gno~nmng out wasted space.
Sign~ is a u=fuu~z~na+ s~gn.us~ ~o apprise customers of the location of and
the services anm proauc~s avamlaole at the greeuiaouse 1000'up Ster~ Lane, It
is the o~y sign used for this service~
FO~M ZB~
LEGAL
Not~ce O~
~ Law and the provisions
the amended Building Zone
~ of t~e ToWn of SouthoM,
~folk County, New York, public
/~earlngs will be held by
the Zontn~ Board of A!~eais
o! the Town of Southold, at the
Town Office, M~ln Road, Southold,
New York, on December 15, 1966,
~ SUFFO~ WEEXLy T/MES, GR,EEHln*OR?,
~k ~, ~ti~uck, N~ ~y ~n d~ ~ ~ h~d
Yo~k. on ~y of ~e ~ve appHcati~ uly Sworn,
for a
~icle IH, ~ction 300, SuCtion 1~9
10,' for ~ W ~ an. k~ Times
off ~e~
~e pr~y of ~ Pietrew~z, ' ........................ week~
~, ~h~e, New york, · .........................
~c ~t ~; ~nthold, New w~t by Wi~ ~-KrU~. ''
~ side ~ ~ (~ver~ (~), for ~on ~ re~ side
~), ~d, New f ~ w~ si~. ~tion of pr~Y:
~ no~ by ~d o ~ s~e ~e ~, ~tti-
by ~s~ue Po~ (~1 ~t~tuck Creen,
~k), w~t by pri~ ~ (~v- A~enue,
erly ~). west by ~en ~e.
w~ the S~te of N~ y~k Town ~g
~w, ~ction 28~. ~tion of ~ction 4~, S~on (a), for
larope~y: east side Lighthouse pe~ to retain an on pre-
Road, Southold, New York, bo~- raises identification sign with
ed north by ~l. H. Lind, east by. sufficient ~ethack.Lueation of pro-
~'/egand, souilt by B.&T. Enter ~erty: sooth side North Ro~d,
Inc., west ,by Llgllthouse R~a& Southoki, New York, bou-r~ded
7:50 p~M. (EIS.T.), Upon a/~li- north by North Road, ease by J.
r~tio~ of A. l/ellly & Sor~, Inc. Poliwoda, south by B. Schwartz,
Shore Acres, Ma~tltuck, Now Yo~k, ~ves~ by V. Ruch. ,
for a special exception in ~-,o~l- ~:55 P.M. (E.S.T.), Upon appll-
once with the Z0a'dng Ordinance,I cation of Charles Doughe~ty,
~u~le hi, sect~n 300, s? .b~?n! d/b/a Teves P~a~y, ~o~h RO.~:
10, for permi~ion to. re,am ~ae i Southold, New York, for a
follgwing signs: 1) s~gn loc~ted~ exception in asco~dance with the
ou the north ~kie Cox Neck ~I Zonhng Ordinance,. Article LL~
and Bergen Avenue, Mattituc , i iSection 300, S~bsectwn 10, for per-
New York, bounded ntwta by John: mission to retain ~he following
& Rose Koroleskl, east by Coxiaff p, remses sigr~: 1)asign on the
Neck Road, so, th by Bergen Av-i~roperty of iviuznlc .Estaie, lo-
enue, west by ISabbard; 2) slgn~ coted on the south side Main
Drive and Cox Neck Road, Maiti-:bour~ded ~orth by Mare Road,
tuck, New York, bounded no~ta by I east by Linden Avenue, south by
iVieGurwt~le, east by Shore ~cres l~ort~ Fork Co., west by ~. H.
Subdivision, south by Bayvie~v i Wtckham-Wm. Baxter; 2) a sign
Drive, v~est by Mill Road. 'on the propezty of Surozenski, io-
8:10 F~. (E.S.T.), Upon appli-, coted on the south aide Main Road,
cation af Lloyd Dickerson, Main ,Southold, New York, bounded
P~o~d, Ma~tit~ck, New Yo~'k, for a, no, th by 1~gin Road-Surozenski,
apecial e~ee/~tion in accord~...e i east by l{ur~ter-Lehr, south .by.
with the Zonir~g Ordinance, Ar~l-iHowell, wea~ by Mokus; 3, a mg
cle IV, Section 408, S~bsections I on the proper~y of A. Zave~ki, io-
lab) and (c,, for permission to re-i.~atad on the aouth side Nqrth
rain a roof sign ai~d wall sign. [Road, Peconic, New York, .toured-
Location of prope~y: south side]ed north hy ,Middle Road, .ea~
/Viain 1%oad, iV/.at%ituck, New York I by E O. Horton-Dist. Line, south
lot nur~ber east two thirds (2/$)Iby Lond Island Rail Road,
ol ~%vo and Three in Mi~tt£tucktby Suffolk Cotm4y .proper~y; 4~
j plic~nt, north side NoF~h Roa~l.
Southoid. New York, bounded
north by Long Island Sound, east
Road, west by Curmmings.
9:10 P.M. (E.&T.), Upon appll-
i cation of Matt ~k Lanes, Main
with the Zonh{~ jrdlnance, A~ti-
cle IV, Section~ 408, Subsection
side wall sign Lec~tion of prop-
erty: sot~th sSde Main Road, IM[at-
tituck, New York, lot numbeIs 103
and 104 in Ig~attituck Park Prop-
erties, M~Y~tituck, New York.
. of l~ichard E. M~cNish,
iViain Road, Cutchc~ue, New
York, for ~ special exception in
dina~ce, Article IV, Section 408,
,Subsection (a), for ,pe~dlss~n to
retain a ground sign with insuf-
ficient setback and height from
ground level. Location of prop-
erty: north side Main Road, East
Cutchogue, New Yoyk, bounded
north by B. Tuthill, east by A.
83arkis, south by Main Road, wes~
' R
iby . F. 'Iktthlll.
I 9:40 P-~. (E~.T.), Upon a~l~ll-
cation of WUlism Sterling, a/c
I Sterling Nun~eries, Main
]Ou~oho~ue, New York, iora ~s~iti~
'{ cial exception in accordanee wit
the Zoning O~dln~nce, Article
IV, Section 4~, Subsection (a),
for permission to retain more
than one ground ~gn on premises.
Location of property: no~th skle
/VIaln Road, Cutchogue, New york,
ibour~ded north by R. Sterling~
east bY G. T. Billard, south by
Main Road, west by B. pa~hlczk.
NOTICE OF HEARINGS
.uant to SeCtion 267 of the Towm
~v 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 Decem-
Il:er 15, 1966, on the following appeals:
7:30 P. M. (E.S.T.), upon application
of Stanley Corwin, Esq. a/c Helmut
iHass, Southold, New York, for a vari-
ance in accordance with the Zoning
Ordinance, Article III, Section 303,
Article X, Section 1000A, for permis.
sion to divide property; and for recog-
nition of access in accordance with
the State of New York Town Lawl
Section 290A. Location of property:
east side private road (Beverly Road),
Southold, New York, bounded north by
land of Hose and l~edler, east by Ruch,
south by Arshamomaque Pond (Mill
Crock), west by private road (Beverly
Road)'
7:40 P. M. (E.S.T.), upon application
of George Wetmore, a/c Ilie Wacs and
Wernsr Rosenberg. Grocnport, New
York, for a recognition of access in!
accordance with the State of New York
Town Law, Section 280A. Location of
property: east side Lighthouse Road
Southold, New York, bounded nortl~
by J. H. Lind, east by Wiegand, south
by B. & T. Enter, Inc., west by Light.
house Road.
7:50 P. M. (E.S.T.), upon application
of A. RelIly & Sons, Inc., Shore Acres
Mattituck, New York, for a special ex-
ception in accordance with the Zoning
Ordinance, Article III, Section
Subsection 10, for permission to retain
the folinwJng signs: I) sign located on
the north side Cox Neck Road and
Bergen Avenue, Mattituck, New
bounded north by John & Rose Koro-
leski, east by Cox Neck Road, south by
Bergen Avenue. ~-est by Hubbard; 2)
sign located on the north s de Bayview
Drive and Cox Neck Road, Mattituck,
New York, bounded north by McGun-
i nigle, east by Shore Acres Subdivision
~south by Bayview Drive, west by Milt
~ Road
8:10 P. M. (E.S.T.), upon application
of Lloyd Dickerson, Main Road, Mat-
'tituck, New York, for a special excep-
tion in accordance with the Zoning
Ordinance, Article IV, Section 408,
Subsections (b) and (c) for permission
to retain a roof sign and wall sign.
Location of property: south side Mai~
Road, Mattituck, New York, lot number
east two thirds (2/3) of Two and Three
i in Mattituck Park Properties, Matti-
:tuck, New York.
0:25 P. M. (ES.T), upon application
i of Philip W. Abatelli, Main Road, East
Cutchogue, New York, for a special
I exception in accordance with the Zon-
. lng Ordinance, Article III, Section 300,
!Subsection 10, for permission to retain
n off premises direct onal sign on the
I property of Albin Pietrewicz, located
!on the south side Middle Road, Cut-
chogue, New York, bounded north by
Middle RoadsButler, east by Butler-
Borawa, south by J. Pietrewicz-Borawa,
. west by Wickhara Estate-Krupski.
8:35 P. M. (E.S.T.), upon application
of Harold R. Reeve & Sons, Inc., Main
Road, Mattitock, New York, a/c Matti-
tuck Laundromat, Middle Road, Matti-
tuck, New York, for a special exception
in accordance with the Zoning Ordi-
nance, Article IV, Section 40~, Sub-
section (b), for permission to retain
side wall signs. Location of property:
north side Middle Road, Mattitnsk,
New York, bounded north Mattituck
t- Creek, east by Wickham Avenue, south
by l~iddle Road, west by Maiden Lane
8:45 P. M. (E.S.T.), upon application
~ of Charles Dougherty, d/b/a Teves
Realty, North Road, Southold, New
York, for a special exception in
~ cordance w~th the Zoning Ordinance
--Article IV, Section 409, Subsection (a),
'for permission to retain an on prem-
~ isoc identification sign with insuffleien~
setback. Location of property: south
side North Road, Southold, New York
bounded north by North Road, east b5
J. Poliwoda, south by B. Schwartz
west by V. Ruch.
8:55 P. M. (E.S.T.), upon application
of Charles Dougherty, ~t/b/a Teves
Realty, North Road, Southold, New
York, for a special exception in ac-
cordance with the Zoning Ordinance,
Article II1, Section 300, Subsection I0,
for permission to retain the following
off premises signs: 1) a sign on the
property of Muznic Estate, located on
the south side Main Road, Cutchogue
New~ York, bounded north by Main
Road, east by Linden Avenue, south by
North Fork Co., west by W. ti. Wick-
ham-Wm. Baxter; 2) a sign on the
property of Surozenski, located on the '
south side Main Road, SouthoId, New
York, bounded north by Main Road-
Suro~enskl, east by Hunter-Letu-, south
by L. Howell, west by Mokns; 3) a sign
on the property of A. Zaveski, located
on the south aide North Road, Peconic,
New York, bounded north by Middle
Road, east by E. G. Horton-Dist. Line,
south by Long-Island Rail Road, west
by Suffolk County property; 4) a sign
on the property of the applicant, north
side North Road, Southold, New York,
bounded north by Long Island Sound,
east by Cummings, south by North
Road; w_es_t _by _C_ummings.
COUNTY OF SUFFOLK )~ ss:
STATE OF NEW YORK J
C. Whitney Booth, Jr., being duly sworn, says
that he is the Editor, of THE LONG ISLAND
'['RAVELER - MATTITUCK WATCHMAN, a public news-
paper printed at Southold, in Suffolk Counb/; and that
the notice of which the annexed is a printed copy, has been
published in said Long Island Zroveler-Mattituck Watch-
man once each week for ........ (~.~r~.z~....,/...x:./. ..... weel~
successively, commencing on the ................:%:~. ..................
day /( i f ~. /; ' z'
of .........
Sworn to before me this ........ .~". ........... day of
,./L~( '~:;' c~ ......... , 19.
............ ........
Notary PUblic ~'
/
Commission £xpires M~;h 30, ,[9' ~ ~'
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
ORDER TO REMEDY VIOLATION
Date .......................... ~evell~..-..~.. 19.66.-
bm, Sterling A/C
TO ~l.t~ ~ ~.l ~l,g.. ~1.~ ~.11 .................................
(owner or authorized agent of owner)
(.a....lC~t,~;.lt~nd., ..Ou.t~.. I~e ~.ev ..l~ .'~? ......... .,.
ddress at owner or otJthorJzecl agent aT owner)
PLEASE TAKE NOTICE there exists a violation of:
Zoning Ordinance Art X see 1002 & arl:'"2~'"sG'¢"l~De~it ..........
Other Applicable Laws, Ordinances or Regulations ..........................................
at premises hereinafter described in that ...o~.~..o~e...S~ .~,~...j~l,..oD,...~3~entl~.~..l~ .........
(state character aT violation)
· i).e ~mi.tt~.d ...unle~a.. ~p,~o.v.e~t..h~.. IM,..DZ..App~als~ .......................................................
in violation of
(State sect on or paragraph of applicable Iow, ordinance or regulation)
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the
conditions above mentioned forthwith in or before the ........................ ,l~z'el ......................................
day af ................. lle~aibe~. ................... 19..66.
The premises to which this ORDER TO REMEDY VIOLATION refers are situated at
...~.~...]~l~;~l..~{ll~t],~ ........ ~11,~g]3,~310.1. ............. County of Suffolk, New York.
Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law
may constitute an offense punishable by fine or imprisonment or both.
~ee notice dated April 1%, 1966
Southold Town Board of Appeals
SDUTHE]LD, L. I., N.Y. 119?1
Telephone 765-2660
APPEAL BOARD
MEMBER
Robert W. Gillispie, Jr., Chairman
Robert Bergen
Charles Grigonis, J r.
Serge Doyen, Jr,
Fred Hulse, Jr.
William Sterling
STBRLXNG NURSERIES
Main Road
Cutchogue, New York
December 8, 1971
Dear Sirl
Re: Appeal No. 1004 - Four
ground signs.
(4) on premises
This is to advise you that your special exception permission for your
sign(s) which was the subject of the above mentioned appeal will expire on
December 15, 1971
Please sign this letter at the space provided below and return promptly
to this office, ii you wish to renew your sign permission.
Chairman, Southold Town
Board of Appeals
/bd
Signature of appellant. ~'~ ~ ~
(Please sign and return both copie . )
APPR
Chairman Board of Appeals
APPEAL BOARD
MEMBER
Robert W. Oillispi~, Jr, CMirmen
Robert Bergen
Charles Grigonis, Jr.
Serge Doyen, Jr.
Fred Hul$¢, Jr.
Southold Town Board of Appeals
-=:OUTHOLD, L. I., N.Y. 11971
Telephone 765-2660
De~em~r 7, 1970
W~lll~m Sterling
ST~L~N~ II~I%~RXEB
Main Road
Cutchogue, L.%., New Yo~k 11935
Dear
Re: Apl~eal ~o.1004. FOUr
ground signs.
(4) on prem4~e
This is to advkse you that your special exception permission for your
sign('s) which was the subject of the above mentioned appeal will expire an
December 15, 1970
Please sign this letter at the space provided .below and return pr(>mptly
to this office, if you w~s~a to renew your sign permi~si(~n.
Chairman, South,)Id Town
Board of Appeals
/bd
(Please s~gn and return bo~h cop~es promp*'6~. )
Y-l- 7/..
C
SOUTHOLD TOWN BOARD OF APPEALS
$OUTHOLD, L. I., N. Y. 11971
APPEAL BOARD
MEMBERS
Robert W. Glllisple, Jr., Chairman
Robert Bergen
Char]es Gr]gonls, Jr.
Serge Doyen, Jr.
Fred Hulse, Jr.
WAll lam Starling
s~o m~s~axss
Fain Road
Cut;chogue, Be~ York
Ifovember 27, 1968
Telephone 765-2660
Re: Appeal No. 1004 - POi,Ir
gzound signs.
Dear Sir;
(4) on l~em~ses
This is to advise you that your special exception permission for
your sign(s) which was the subject of the above mentioned appeal will
expire on Decembe~ 15, 1968.
Please sign this letter at the space provided below and return
promptly to this office, if you wish to renew your sign permission.
Sincerely,
Robert W. G Il ~pm, Jr.
Chairman, Southold Town '
Board of Appeals
/bd
Signature of appellant ...~...~.~..~;~.~ ..............
(PZease sign and return both copies. ) ~'
SOUTHOLD TOWN BOARD OF APPEALS
SOUTHOLD, L. I., N. Y. 11971
APPEAL BOARD
MEMBERS
Rober~ W. GIIllspie, Jr., Chairman
Robert Bergen
Charles Grlgoni$, Jr.
Serge Doyen. Jr.
Fred Hulse, Jr.
Ilov~r 24, 1967
Telephone 765-2660
Ma:InRoad
cut:chogue, Hew YoEk 11935
Dear
Re: Appeal No.
This is to advise you that your special exception permission for
your sign(s) which was the subject of the above mentioned appeal will
expire on i~a~3~,~ ;1~, 19~7.
Please sign this letter at the space provided below and return
promptly to this office, if you wish to renew your sign permission.
Board of Appeals
/bd
Signature of appellant .... .~.~.¥.~.;.. .c ................
(Pleue sign and z*et:m:n both copies. ) ~
,,,:~.~,.. , _
Cutchogue, N. Y.
Dec. 13, 1966
The Zoning Beard of Appeals
Main Rd.
Southold~ N. Y.
Gentlemen:
With reference to the ~ x 8 foot~ STERLING
NURSERIES sign located on the line between our two
properties I would like to state that this sign is not
in my way and I have no objection to it.
Sincerely yours ~