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Home My WebLink About782 IDAY, ,JUNE 18, 1965 LEGAL NO~ICE NOTICE OF HEAttINGS ' Pursuant ,to Secton 267 of the~ Towa ~w a~ the pro~s~ of~ the a~ded B~diD~ Zone ~- d~nce of ~ Town of Sou~old, S~folk Connty New York, public~ h~s will ~ held by the Southold Town Zonin~ B~rd of ~als at %he Town Office ~in ~d, Sou~old, New Y~rk, on June 24, 1965, on the followi~ appeals: ~:30 ~.~. (E.D.~.T.), U~n pli~tion of Service Sign ~rs ~o., Inc., a/c Southold ~dge, Main ~ad, Southo~d, ~ew York, for a speci~ exception in accord- a~e ~th ~e Zo~ng Ordinance, A~icle IV, S~tion 408, Sub~c~ion (a) for pe~ion to erect an on premises ground sign. ~cation of prope~y: north sid,e ~ain Road, Southold, New Y~rk, bounded nor~ by F. H~ S~re, east by F. H. Sayre, s~u~ by Main ~oad and west by F. M. Blasc~ch. 7:~5 P.M. (E.D.S.T.), Upon ~p-~ plication of .~muel Glickman, ' E~., a/c ~awn Estates, East Mar- ion, New York, for a special e~cep- tion in accordance wi~h the Zon- ing Ordinance, Article IV, Section' 408, Subseotion (a), and Article~ VII, Section 703A, for permi~ion] ~ erect a directional sign on the~ pro~perty of Augustus Strau~ner, located north side Route 25, Traf-:, ~ic Circle, Gree~port, New York, bounded north by Jo~ph Brandi, east by Sound Avenue, s~th by ~ain Road, west by August~ Straussner. ~:00 P.M. (E.D.S.T.), U;~n ap- plication of Gr~nport-,Southold Chamber of C~mmerce, Greenport, New York, for a sp~ial exception~ in accordance with ~e Zoning Or- dinance A~ticle IV, Section ~8,~ S~bsection (a), for permi~ion ~ erect a directional sign on the property of Na~au Brick ny, locat~ ~n the south side ~e Main ~, Gree~rt, New York, ~ounded north by Road, e~t by ~on~d Roach, south by ~ng ~and Railroad, west by ~elles-~i~. Any per~n desiring to be ~eard on ~e ~bove ,appli,catio~ ~ould~ ~r at ~e .time aad pl~e ~bove s~. DAT~: June 10, 1~5, By ~ OF ~ ~U~O~ ~OA~ OF ~LS l~lSj STATE OF NEW YORK, ~ ss: COUNTY OF SUFFOLK, says that ...... ~(/--is Printer and Publisher of the SUFFOLK TINIES, a ncwspapcr published at Greenport, in said county; and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Times once in each week, for ............................................ ~ ....................... week~ successively commencing on the ....... ay of .......... ........................ .... Sworn to before me this ...~.,~...:~..:.... day of ....... ~ .................. 19~.:~.. I FOI~M NO~' 1 . TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................ , 19 ........ Approved ........................................ , 19 ........ Permit No ............................. Disapproved a/c .............................................................................................. ApplicatiOn No .............................. (Building Inspector) APPLICATION FOR B~ll;;~G PERMIT Date June 8 19 .... .8.~ .... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premi.ses or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is pa, rt of thi.s application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue o Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building sh.all be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building. Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, Ne2/~'~'~)rk, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations/' or~f~or removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances,[bu4ffding code~?d Eegulations. '~f a corporation) .... (Address of applicant) State whether applicant is owner, lessee, agent, architect, engi'ne.er, general contractor, electrician, plumber or builder. ............................................. .......................................................................................................................................... Name of owner of premises ........... .A...~.g~..~.C..~.~...~.C.?...~..~.~..~..e.~ ................................................................................................ If o.pplicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) 1. Location of land on which, proposed work will be done..Map No.' ........................................ Lot No.: ........................ Street and Number n/s Ri. 25~ Traffic Circle, Oree,.n~or% . '~ Municipality 2. State existi,ng use and occupancy of premises and intended use hn'd occupancy of proposed construction: a, Existing use and occupancy ......................................................... b. Intended use and occupancy ........................................................................................................ : .... ;~ ................... 3. Nature of work (check which ap, ,:able): New'B~iildi'i~g .................. Add~'~ .................. A[tera.tion .................. Repair .................. Removal .................. Demolition ............ ~. .... Other Work (Describe) ........................................ 4. Estimated Cost ~.35.00 Fee $2. ~:0 (to be paid on filing this application) 5. Jf dwelling, number of dwelling units ............................ Number of dwelling units on each floor ............................ If garage, number o.~.cars ............................................................................................................................................. 6. If business, commercial or mixed occupancy, specify nature an.d extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ............................ Rear ................................ Depth .................... Height ........................ Number of Stories ................................................................................................................. Dimensions of same structure with alterations or additions: Front ....................................Rear ............................ Depth ................................ Height ............................ Number of Stories ................................ 8. Dimensions of entire new construction: Front .................................... Rear ............................ Depth ........................ Height .................... Number of Stories ...................................................................................................................... 9. Size of lot: Front ............................ Rear .................................... Depth ................................ 10. Date of Purchase ........................................................ Name of Former Owner ........................................................ 11. Zone or use district in which premises are situated ..................................................................................................... 12: Does proposed construction violate any zoni:ng law, ordinance or regulation? ............................................................ 13. Name of Owner of premises ........................................ Address ............................................ Phone No ..................... Name of Architect ................................................... '...Ad.dre~s ............................................ Phone No ..................... Name of Contractor .................................................... Address ............................................ Phone No ..................... PLOT DIAGRAM Locate clearly and distinctly oil buildings, whether exi.sting or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK 1. c c COUNTY OF ....... .... ~muel J. Gt~ck~ . ~being duly. Swo~n~~ dep6ses and .says tha¢ he is the applicant (Name of individua signing application) above no,med. He is the ............................ ~.~ ................................................................................ .................................. (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to Perform or have per~ed the said work and to ma..ke and file this application; that all statements conta, ined in this application are t~e t~ the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application f~d therewith. Sworn to before me this j / ~ ~ ~ 8th.. f .~ ~ June 1985 ~ ~z~~ ..................... ~o C ..... ~" · ............... , ........ ...~ ................. ..... ....... TO¥¢M 'O!F S~OIITHO'LD, IN~'W ]50RK APPLiCATIOAt t~,OR ~PEOIAL E[XC[EPTI~O~ APPLICATION NO. ¢8 -~ DATE' .$/~./.~ .............. TO L~IE ZON.iN, G B~OAP~D ely APPE~kLS, SOUTHOLD, N. ¥. Name Mlmicipality e:reoy app ~ ~ ZON~G BO~D OF ~PE~S f,o~ a SPECIAL E~C~ON in ~o:rda~, wiih the Z,O~ O~D:~A~ A~,rZC~ iV S~CT~ON 408A ~d A~icle ~l, ~70~A TPIE SI~EC,IAL E~ICEPT~ON IS I~EQUE,s!TED t~E'CAUSE ~wn E~te's is a~ly e~aged in ~he s~e ~ ~ ~ he~e~ one ~ $outhold T~n. ~r~ssion ~ s~g~ for.a s~cial ~ion for ~ STATE ,OF NE'Tg YOI~K j )~s OOUI~T~ OFs~ .FFO~ 8wo,m ~tg'}his .......... t;lll ............ day of ......... ....~'. ........... jllllt2 .....1~5 ................ l~,o~,~ry P~bli6./ ' CORNELIA C. KEOGH NOTARY PUBLIC, State of New ¥or~ No. 52-2093890 ~uaiified ~n Suffolk CountY 'T'e~m Expkas Ma~ch 30, 196~,~ Dawn Estates -2- "2. The location chose by the application for erection of a sign must meet the general standards set up in Article VIII. Exact specifications and descrl~n must be furnished. In the "M" District a variance would be required. "3. The purpose of such a sign must be directional in the public interest or convenience as distinguished from sign advertising the sale of products or merchandise. Signs a~e~tising types of businesses which provide food, shelter and amusement for the public are deemed in the public interest and convenience. "4. The number of signs permitted per business must be reasonable as determined by the Board in each case. "The above is not intended to be a rule or regulation, but is to be used purely as a guide. It is not intended to be definitive." (The above is taken directly from the minutes of the Southold Town Board of Appeals date May 22, 1958.) Modification of these rules has occurred to include under paragraph 3: "Signs advertising types of businesses which provide food, shelter, and amusement for the public are deemed in the public interest and convenience": to include civic enterprises, marinas, and places of worship. A~uate sign provision has been made in the Ordinance in our opinion, for all types of businesses. In the case of Real Estate, unusually adequate provisions are available. In the case of types of businesses noted above usually a large investment is involved primarily devoted to attracting the traveling ~ublic. Directional signs are necessary. To grant Dawn Estates a directional signwould confer a privilege denied all other real estate d~velopers, as well as create a precedent which might involve the erection of hundred o~ signs. In further support of our position, we quote from counsel for Arthur Levitt, State Comptroller. "March 27, 1961 Frederick G. Jansen, Esq., Town Attorney of Wales, 654% Main Street, East Aurora, New York, Re: Town of Wales. "Dear Sir: This ~ in reply to your inquiry of January 31, 1961, in which you ask whether a provision of the Zoning Ordinance of the Town of Wales, prohibiting s~s and billboards within a certain area is constitutional. "The Court of Appeals in the loading case of Harb~son V. City Of BUffalo, 4 N. Y. 2d 558, 176 N.Y.S. 2d 598 (1958), has set f~rth the rules to be considered regarding the limitation of non-conforming uses in zoning Ordinances: " ..... Where the benefit to the public has been deemed of greater moment than the detriment to the Dawn Estates -3- property owner, we have sustained the prohibition of continuatiem of prior non-conforming uses. (Harbison V. City of Buffalo) "The key factor in determining the constitutionality of a time limitation placed upon a non-conforming use by a zoning Ordinance is the reasonableness of such limitations "If, therefore, a zoning Ordinance provides a sufficient period of permitted non-conformity, it may further provide that at the end of such period the use must cease." (Ibi4 p. 562) "In determining ~hat is or is not a "sufficient period of permitted non-conformity," certain facts are taken into consideration, i.e., the nature of the business of the property owner, the amount of his investment in the property, the number of improvements erected on the land, the detriment caused by the property owner, and the character of the neigh- borhood in which such property is located. The property owner must be given time to amortize his investment, before the non-conforming use may be terminated: " ..... the period of 'amortization' allowed by the Ordinance is a crucial factor in determining whether the ordinance has been constitutionally applied in a given case (~bid, 563) "This Department cannot rule as to whether or not the three year limitation contained in the questioned protion of the Wales zoning Ordinance is 'a sufficient period of permitted non-conformity'. Ail the facts must be considered by a court of competant jurisdiction in order to make such determination, and that of constitutionality as well. (Ibid~ p. 564). "Nothing in this opinion is to be construed as an approval or disapproval of the Town of Wales zoning Ordinance as a whole, or any particular prov~sion thereof. "We trust that the above information will be of assistance to you. "Very truly yours, ARTHUR LEVITT, State Comptroller, /s/ by George E. Whalen, Counsel to the Comptroller." Non aesthetic reasons for controlling the proliferation of signs includes general recognition on state and national level of need to control as well as safety reasons. Virginia determined that a significant increase in traffic accidents occurs on highways lined with signs as opposed to sign free highways. That state of New York is in some cases required to maintain at great expense double lines on highways where visibility is obscured by signs. The Board fin~s that the public convenience and welfare and justice will~served and the legally established or permitted usedof neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance will not be observed. Dawn Estates -4- Therefore, it was RESOLVED that Samuel Glickman, Esq., a/c Dawn Estates, East Marion, New York, be denied permission to erect a directional sign on the property of Augustus Straussner, located north si4e Route 25, Traffic Circle, Greenport, New York. Greenporl, N. ¥. 11944 June 10, 1965 Board of Appeals Town Hall Southold, N.Y. 11971 Gentlemen: Permission was granted to Dawn Estates to erect a sign on my property at North Road and the traffic circle, Greenport. Very truly yours,