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HomeMy WebLinkAboutZBA-05/26/1960Southold Town Board of Appeals SOUTHOLD, L. I., N. ¥. Telephone SO 5-2660 APPEAL BOARD M£MBER$ P,,obert '~/. Gillispie, .Jr., Ch~irm~n Robert Bergen Herbert Rosenberg Charles Gregonis, ,Jr. Serge Doyen, ,Jr. MINUTES Southold Town Board of Appeals May 26, 1960 A regular meeting of the Southold Town.Board of Appeals was held 7:30 P.M., Thursday, May 26, 1960 at the Town Clerk Office, Main Road, Southold, New York. There were present: Messrs. Robert W. Gillispie, Jr., Chairman, Robert Bergen, Herbert Rosenbergand Charles Grigonis, Jr. Absent: Mr. Serge. Doyen, Jr. Also present: Mr. HowardM. Terry, Building Inspector. PUBLIC ~EARING: 7:30 P.M., Appeal .No. 276 - Upon Appli- cation of Thomas Jurzenia, a/c Silver'Sands Motel and Jack Levin, a/c Sound Shore Motel, Greenport, New York, for a special exception inaccordance with the Zoning.Ordinance, Article III, Section 300, Subsection 11, for permission to replace an existing diredtional sign with a two-panel directional sign. Location of property: southeast corner of intersection of North Road and Chapel Lane, Greenport, New York. Fee paid $15.00. Southold Town Board .of Appeals -2- May 26, 1960 The Chairman.opened the hearing by reading application for a special-exception, legalnotice of hearing and affidavit, attest- lng to its publicati0n in the official newspaper. Letter'of per$ission from the property owner was also read. THE CHAIRMAN: 'Is there anyone present who wishes to speak for this application? (There was no response.) MR. ROSENBERG: Do you know anything of'what they want to do? MR. TE~RRY: They want to remove theexisting signs and replace them with one sign containing two panels. THE CHAIRMAN: Will other motels be going in on thise? MR. TERRY: Yes, others plan to join. (The members of the Board discussed the proposed method of directional sign.) MR. ROSENBERG: Will those two signs onChapel Lane now both come down? MR. TERRY: I believe so, although I do not know for sure. Possibly someone 'will appear to speak for this sign if you could hold it for a little while. THE CHAIRMAN: Is there anyone present who wishes to speak against.this application? (Th. ere was no response.) THE' CHAI ,RMAN: hour. We-will recess this hearing for a bout one-half PUBLIC HEARING: 7:45~P.M., Appeal No. 277 - Upon .appli- cation of'Thomas Jurzenia, a/c Silver Sands Motel and Jack.Levin, a/c Sound Shore Motel, Greenport, New York, for a special exception Southold Town Board of Appeals -3- May 26, 1960 in .accordance with the Zoning Ordinance, Article III, Section 300, Subsection 11, for permission to replace an existing directional sign with a twolpanel directional sign. Location of property: southwest corner of intersection of North Road and Albertson Lane, Greenport~ New York. Fee paid $15.00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing and affidavit attesting to its publication in the official newspaper. The letter of permission from the property owner was also read. THE CHAIRMAN: this application? Is there anyone present who wishes to speak for (There was no response. ) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: hour. We will also recess this hearing for one-half Messrs. John Klein and John Klein,Jr. appeared before the Board..of Appeals for'an informal discussion r~lative to an appli- cation Mr. Klein intended to present to the Board of Appeals for permission to erect an advertising sign. advertising Klein's Outboard Shop on the property of John H. Husing, Mattituck, New York. Mr. Klein could not understand why he was denied permission to havean advertisingsign when motels and restaurants were permitted signs. The Chairman explained the Board's golicy with reference to signs of that type, stating that signs .considered in the .public interest such as food and shelter for the traveling public were generally approved. Other advertising signs were not approved. After considerable discussion Mr. Klien seemed-to be satisfied with the Board's explanation and stated he would not present his application but may apply for permission.to put a sign on the side of the building after it is constructed. Southold Town Board of Appeals May'26, 1960 Mr. Julius Zebroski, Southold, New York, appeared before the. Board for'an informal discussion relative to fencing his junk yard. Mr. Zebroski stated that he has. offered the property in question for'sale at 20¢ a square foot,and.would like to wait a while before feneing the' junk yard. The Chairman advised that he could not claim a financial hardship. Mr. Zebroski finally agreed to fence the junk yard with privit. 2-½ ft. high and about 1 ft. apart. There .was a .time limit of three (3) weeks placed on the time he must surround the entire junk area with privet hedge. On motion of Mr. Gillispie, seconded by Mr. Rosenberg, and carried, it was RE~LVED that the Board of Appeals recommend to the Building Inspector that theviotation notice given to Mr. Zebroski be extended for three (3) additional weeks so that Mr. Zebroski may comply with the fencing requirements. Vote of the Board: Ayes=- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. The Board next spoke to Mr. Mecislaus Winiarz, New Suffolk Avenue, Mattituck, New York who appeared before the Board relative to a violation he received from the Building Inspector for establish- ing a business office with an advertising.sign in the ,A" Residential and Agricultural District, in violation of Article III, Section 300. Mr. Winiarz stated that he has had a license for eight years. He has lived in Mattituck since December 1957 and prior to that he lived in Elmhurst where he.operated an insurance business with a sign and did not see why he could not continue the same thing here in Southold Town. In response to questions asked by the Chairman, Mr. Winiarz stated that he has a going business here in Mattituck and he has no intention of giving it up. He said he has to maintain his office in his home because he does not make enough to open an office in the business zone. He stated he has invested $200 in stationary with his New Suffolk.Avenue address-on it because that is where his office is. ~Mr. Winiarz advised the Board that.several of his neighbors have businesses right-on their property at this time and have been in business quite a while. Mr. Parkins to the west of him stores four milk trucks in his yard and has a small office on his front porch. Harold Reeve, Jr. to the west.of him has lumber storage on his property. It was pointed out that this storage yard is non-conforming. Southold Town Board of Appeals -5- May 26, 1960 Further down the road from him to the west is Reeve Brothers commercial greenhouse. The Board suggested that Mr. Winiarz petition.the Town Board for. a.change o'f zone to ',B" Business District and try to persuade his neighbors to join with him in this petition. Mr. Winiarz stated he would consider that proposal, but since he has had the sign on his property since September 1959 he does not see why he should remove it now. He also said he would consider placing a .sign on his father's property in the "B" Business District and have a small.office in his father's house. The Board stated this would be permissible. Mr. Winiarz was also advised he would be permitted to have a signwith his name on it in f~Ont of his house, however nothing else would be permitted on the sign. When he asked if. he could have the words "Notary Public" on the signthe Board .advised.he could. The Building Inspector advised Mr..Winiarz if he did not file for a change of. zone to the Town Board by the next ~own Board meeting on June 7th the sign he has on the porch now would have to come down.and.he would have to cease operating..a business in his home. PUBLIC HEARING: Appeal No. 276. TheChairman reopened the hearing following a.one-half hour recess THE CHAIRMAN: Is there anyone present, who wishes to speak for this application? Is there anyone presentwho wishes to speak against.this application? (There was no response.) THE CHAIRMAN: Since there is no one present who wishes to speak for or against this application I think we Should go ahead and make our resolution the way we think they want the signs. Resolution was offered by Mr. Grigonisi secon ~d by Mr. Bergen and carried, WHEREAS application of Thomas Jurzenia, a/c SilverSanes Motel and Jack Levin, a/c Sound Shore .Motel, having been considered at. Public Hearing No. 2'76 on May 26, 1960, and the Board finding that the public convenience and'welfare and justice will be served and the legally established.or permitted use of neighborhood property will not'be substantially or permanently injured and the spirit.of the Ordinance will be observedt therefore be it Southold Town Board of Appeals -6- May 26, 1960 RESOLVED that permission is granted under Appeal No. 276 for the erection.of a .two-panel double faced sign advert~ing the Sound Shore .Motel and the Silver. Sands Motel on the property of Edwin H. King, southeast~cOrner of intersection of North Road and Chapel Lane~ Greenport, New York. Each sign panel shall be no largerthan 2½ ft. by 5 ft. and the entire sign Shall be no higher than 15 ft. 6 in. and 3 ft. above the ground level and.located no closer than 5 ft. to any property line. It is a condition.of this permission that the present signs at this location advert!ising the Silver Sands Motel and a .separate sign advertising the Sound Shore Motel be removed from .the premises before the erection of the new sign. It is'the opinion of the Board that this is an improvement in the matter of directional signs advertising motels and-this will help to eliminate signs by consolidation. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. 'PUBLIC HEARING: Appeal No. 277. The Chairman reopened the hearing following a one-half hour recess. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? Is there .anyone present who wishes to speak against this application? (There was no response. ) Resolution was offered byMr. Bergen~ seconded by Mr. Grigonis and carried, WHEREAS application of Thomas Jurzenia, a/c Silver Sands Motel and Jack Levin, a/c Sound Shore Motel, having been con- sidered at Public Hearing No. 277 on May 26, 1960, and the Board · finding that the public convenience andwelfare and justice will be served and the legally established or permitted use of neighborhood property will not be substantially or permanently insured andthe spirit of the Ordinance will be observed, therefore be it RESOLVED that permission is granted under Appeal No. 277 for the erection of a two-panel double faced sign advertising, the Sound .Shore Motel and Silver Sands Motel on the property of Vincent~Poliwoda, southwest corner of intersection of North Road and Albertson Lane, greenport, New York. Each sign panel shall be no larger t~an 2½ ft. by 5 ft. and the entire sign-shall be no higher than 15 ft. 6 in. and 3 ft. above the ground level and lOcated no closer than 5 ft. to any property line. It is a condition of this permission that the Southold Town Board of Appeals -7- May 26, 1960 present sign advertising the Sound Shore Motel be removed from .the premises before the erection of the new sign. It ~is the opinion of the Board that this is an improvement ~in the matter of directional signs advertising motels and this will help to eliminate signs by consolidation. ~vote of th'e Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. The Board .of Appeals re ceived a letter from the Building Inspectorrequesting an interpretation of the Zoning Ordinance Article X, Section 1003A as it pertains to labor camps. The letter stated the present problem is the use of a proposed labor camp located on a farm, closer to the owners residence than to any other residence and to be used for farm purposes and in a potato house on the farm where potatoes are purchased from other farmers and processed as well as grown by the farm owner. He stated he has served the owner with a violation for operating a commercial potato business in a farm "A" district. The owners have agreed · to apply for a change~of zone to "B" Business district so that they may continue to purchase and grade potatoes otherthan their own. The Buildi~ Inspector asked the Board .of Appeals whether ~hiS dual use of the help housed on the farm labor camp. (15 persons capacity) requires a p~blic hearing as a "non-farm" labor camp? After oonsiderable discussion this matter was turned over to the Chairman who will consult with the Town.Attorney. The Building Inspector advised the Board that Leonard Plechavicius, Peconic Bay Boulevard, Mattituck, New York, had gone ahead and put in a kitchenette, bedroom and bathroom in his garage contrary to the ruling of the Board. Mr. Plechavi.cius was denied permission to build an addition on his garage on November 12, 1959 because the applicanthad not proven undue hardship and also because it is contrary to the Ordinance ~D grant a variance.on an extension of an existing non-conforming building under these conditions. Mr. Terry advised the Board that he had spoken to Mr. Plechavicius and he would .contact the Board. Southold Town Board of Appeals -8- May 26, 1960 The next.meeting of the Southold Town Board of Appeals .will be held 7:30 P.M., Thursday, June 2, 1960 at the Town Clerk Office, Main Road, Southold, New York. Meeting adjourned .at 10:55 'P.M. Respectfully submitted, Judith T. Boken Secretary