Loading...
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 ~