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HomeMy WebLinkAboutZBA-05/18/1961Southold Town Board of Appeals SDUTHOLD, L. I., N. Y. Telephone SO 5-26~0 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairmen Robert Bergen Herbert Rosenberg Ch0rles Gregonis, Jr. Serge Doyen, Jr. MINUTES SOUTHO?.n TOWN BOARD OF APPEALS May 18, 1961 A regular meeting of ~he Southold Town Board of Appeals was held 7=30 P.M., Thursday, May 18, 1961 at the Town Cle~ Office, Main Road, Southold, New York. There were present: Messrs. Robert W. Gillispie, Jr., Chairman, Robert Bergen, and Herbert Rosenberg. Absent: Messrs. Charles Grigonis, Jr., and Serge Doyen, Jr. PUBLIC .~R. ARIN~ Appeal No. 368 - 7=30 P.M. (E.D.S.T.), upon application of Suffolk Coop. G. L. F. Service, Inc., Humu,el Avenue, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to erect and maintain wall sign on the south wall of Suffolk Coop. G. L. F. Service, Inc., building, south side Hummel Avenue, Southold, New York, bounded north by H~m~l Avenue, east by L. I. Cauliflower Association, South by L~ I. Railroad, and west by Ruth C. Houston. 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. Southold Town Board of Appeals -2- May 18, 1961 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. ROBERT KUTIL, Cutchogue, New York: I spaak for the application. THE CHAIRMAN: The sign proposed will have G. L. F. in 4 ft. letters and Garden Center in 3 ft. letters. In discussing th~ application we determined that if we consider the space occupied by the letters , they do fall within the prescribed limitations of the Ordinance as far as square footage and maximum length. However, the point of issue here is the fact that the applicant requests a sign which would be non- conforming. A business is permitted one detached or ground sign 6 ft. 6 in. by 12 ft. 6 in., and one~all sign attached to or incorporated in each building wall on a public street and adver- tising only the business conducted in such building with certain limitations. In this case the applicant has one wall sign and he is on a public street and he is zonedfor business and the sign is permitted on the public street, it is not permitted on any other wall of the building. He is now asking for permission to place this sign on the back of the building. By placing it on the back of the building it would face a public street some 700 ft. distant and catch the attention of the people passing on that public street. Mr. Kutil, I have a picture I took from behind the fire house, is this a picture of the G. L. F. building? MR. KUTIL: Yes, it is. THE CHAIP~MAN: Do you have anything further to add to the application? MR. KUTIL: Plus what I said in the application, the place is 700 ft. away and it is to attract people passing through $outhold. The local people know where we are. Hummel Avenue is a dead end, it runs from Boisseau to Youngs Avenue. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? Southold Town Board of Appeals -3- May 18, 1961 (There was no response.) MR. KUTIL~ If you turn this application down, on what grounds will it be denied? THE C~AIRMAN~ First, a Sl~Cial exception requires that a number of conditions be fulfilled and that we do not violate a number of conditions already stated in the Ordinance. This area is between 'the fire house and the railroad which in all probability will develop in a residential use. It is unlikely that business will locate in back of the fire house. Secondly, in view of the character and development of the Main Street of Southold and the at~ractive appearance of it, the granting of a wall sign back from the Main Road would depreciate the area. Conservation of property values is involved. MR. BERGEN~ Also, I am sure that if we issue a sign like that to one person, soon someone else in a similar situation will come in and want one like it. THE CHAIRMAN= WU cannot equalize business opportunities. You enjoy low taxes because you are located off the Main Road. MR. KUTIL~ Do taxes have anything to do with the denial of this application? T~ECHAIRMAN~ None whatso ever. MR. ROSENBERG~ Mr. Kutil, you now have a standing sign. You are permitted to take down that standing sign and erect a sign 6 ft. 6 in. in height by 12 ft. 6 in. in width and 15 ft. 6 in. from the ground level in the back of your property. You would need no pexmission from the Board of Appeals to do that. However, you would have to r~ove the present ground sign which is located on the front of your property. M~, KUTIL: I did not realize that. The Board of Appeals finds that the location of a wall sign on the rear of the Suffolk Coop. G. L. F. Service, Inc. building would prevent the orderly and reasonable use of adjacent property or of property in adjacent use districts;~he use~ould prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed uses are located or of permitted or legally established uses in adjacent use districts; Southold Town Board of Appeals -4- May 18, 1961 the safety, the health, the welfare, the comfort, the convenience or the order of the Town will be adversely affected by the proposed use and its location; and the use will not be in harlRonF with and promote the general purposes and intent of this Ordinance. In addition, the proposed sign would adversely affect the character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permissive uses. The land to the south of the proposed sign location will undoubtedly develop in residences and this proposed sign would affect the conservation of property values and would not encourage the most appropriate use of the land, therefore On motion of Mr. Gillispie, seconded by Mr. Bergen it was RESOLVED that Suffolk Coop. G. L. F. Service, Inc. be denied permission to locate wall sign on the rear of their building located on the south side ~,,-~el Avenue, Southold, New York. Vote of the Board: Ayes~- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. PUBLIC HEARING= Appeal No. 369 - 8=00 P.M. (E.D.S.T.), upon application of Helmut Hass, Main Road, Greenport, New York, a/c Southold Town Beach Motel, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to erect and maintain wall sign on west~all of Southold Town Beach Motel, south side Middle Road, Southold, New York, bounded north by Middle Road, east by Hass, south by Hass, and west by Wenzel. Fee imaid $15.00. The Chair.~n opened the hearing by reading application for a special exception, lega~ notice of hearing and affidavit attest- ing to its publication in the official newspaper. THE CHAIR~kN: Is there anyone present who wishes to speak for this application? MR. ~I~mgo"r:HASS, Greenport, New York~ I speak for the appl icat ion. Southold Town Board of Appeals -5- May 18, 1961 THE CHAIRMAN= You have already installed this sign, have you not? MR. HASS: It is just tacked on, not nailed on. I put it up/%-he area could be measured. so THE CHAIRMAN~ However, the sign is there. -- YOU also have a standing sign in about the middle of the building, right? MR. HASS~ Yes, but before you hit the motel there is a curve and you have to pass most of the motel before you hit the sign in front. THE CHAIRMAN~ You also have another sign in the middle of the open land to the east, on which you advertise what? MR. HASS~ That is an old sign which I replaced after the hurricane. THE CHAIRMAN= It does advertise the motel doesn't it? MR. H~SS: Yes. T~ CHAIRMAN: In the "B" Bus/ness District you are pexmitted a standing sign 6 ft. 6 in. in height by 12 ft. 6 in. in width and 15 ft. 6 in. from the ground level, and one wall sign facing the street on which the building faces. How many businesses are conducted on the premises~ MR. HASS: There are three corporations. The Southold Town Beach Colony, the building corporation, and the Southold Town Beach Motel, of which I am the only owner. THE CHAIRMAN: How many bungalows do you have? MR. HASS: I have six there. Five are sold. MR. ROSENBERG~ Where your motel is located, the only business operated on the premises is the motel? The other enormous sign to the east is a non-conforming sign advertising the motel? MR. HASS~ The motel is the only business operated on that l~t. The lot is about 100 by 150 ft. The sign to the east is nonconforming. I put it up again after the hurricane blew it down. Southold Town Board of Appeals -6- May 18, 1961 MR. ROSENBERG~ The lettering on the sign has been changed since zoning to advertise the motel. You did that without a permit. MR. HASS~ I c~me for permission from Howard to put the sign up after it came down and he gave me the pe~a, ission. MR. ROSENBERG: After the hurricane blew down smaller signs you put up one big sign advertising the motel, is that not correct? MR. HASS: Yes, that is ~ight. MR. BERC~N= The State Highway Department finds that it is better to have signs ~n the open road ra~/~er than on curves. MR. ROSENBERG: Mr. Hass, do you realize how many permissions you have for directional signs now? MR. HASS~ NO, I don't know. MR. ROSENBERG: Ifyou are allowed a sign on the side of your building anyone else is allowed a similar sign, even a department store. to MR. HASS~ If I don't get this, then I will have/put back the sign I had on the end of the building before. THE CHAIRMAN: When was that sign ~ut up? MR. ~ASS~ When I built the motel. THE CHAIRMAN: Didn't you add on to the motel on the west end? MR. HASS; Yes, and I took the sign and put it on the end again. I moved the west wall out and the sign remained in place. THE CHAIRMAN~ By doing that you are violating the Ordinance. THE C~d~V~N~ Is there anyone else present who wishes to speak for this application? (There was no response.) the CHAIRMAN~ Is there anyone present who wishes to speak against this application? Southold Town Board of Appeals -~ May 18, 1961 (There was no response.) This applicant requests permission to erect a wall sign on the westerly wall of his business building, upon investigation the Board finds that this is not a corner lot, therefore applicant may only erect one wall sign attached to or incorporated in the building wall facing on a public street, and one ground sign. At the present time the applicant has a ground sign in front of the motel and another ground sign on his property immediately to the east which was re-erected after the enactment of the Ordinance and which is of greater size than permitted by the Ordinance. The ground sign which is located in front of his motel and is electrical, may be moved to within 5 ft. of the westerly end of his property line and enlarged to 6 ft. 6 in. in height by 12 ft. 6 in. in length and 15 ft. 6 in. above the ground leve, thus serving the same purpose as the requested improper wall sign. ~he westerly wall is approximately 24 ft. long and 8 ft. high. This applicant is requesting a use which has been denied to all others. He presently has four directional and advertising signs strategically located through the township and these signs give explicit directions as to mileage and locatiom. In addition the applicant has four detached signs on his property or nearby. The motel is in a conspicuous place and there is no question about it not being visible to the traveling public. This motel is directly opposite the Southold ToWn Beach and on a heavily traveled section of highway which is in a limited speed zone district. The Southold Town Beach is maintained in excellent condition and is used daily by hundreds of visitors. The Board finds that the public convenience and welfare and justice will not be served and the legally established or pez-mitted use of neighborhood property ar~adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance will not be observed, therefore On motion of Mr. Gillispie, seconded by Mr. Bergen, it was R~SOLVED that Helmut Mass, a/c Southold Town Beach Motel be denied pe~,~,ission to erect wall sign on the west wall of the Southold ToWn Beach Motel, Southold, New York. Vote of the Boards Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Southold T~wn Board of Appeals -8- May 18, 1961 Mr. A. V. Roche, Construction and Maintenance Supervisor for Shell Oil Company in Suffolk County, appeared before the Board of Appeals to present several applications for special exceptions for the erection of signs at various Shell gas stations in the Town. He wished to place the signs 21 ft. in height and most of them 6 ft. from the property line with the sign facing toward the road. He stated that the additional height is request- ed because of the height of many of the newer trucks, and the locations close to the property line because of poor visi~ility at the stations. The Board stated that they would set up the applications for hearings and make an investigation of each station. Resolution was offered by Mr. Rosenberg, seconded by Mr. Bergen, setting 7~30 P.M. (E.D.S.T.), Thursday, June 1, 1961, ~ Clerk O~ice, Main Road, Southold, New York, as time and place for hearing upon application 9f A. V. Roche, a/c Shell Oil Company, P. O. Box 412, Babylon New York, for a special exception in accordance with the Zohing Ordinance, Article X, Section 1007, Subsection A, for permission to erect and main- tain ground sign with reduced setback and increased height. Location of property~ south side Route 25, Greenport, New York, bounded north by Main Road, east by Cleaves Point Corp., south by Robert Preston and west by Ernest Wiggins. Vote of the Board: Ayes~- Mr. Glllispie, Mr. Bergen, Mr. Rosenberg. Resolution was offered by Mr. Bergen, and seconded by Mr. Rosenberg, setting 7:40 P.M. (E.D.S.T.), Thursday, June 1, 1961, Town Clerk Office, Main Road, Southold, New York, as time and place for hearing upon application of A. V. Roche, a/c Shell Oil Company, P. O. BOX 412, Babylon, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to erect and maintain ground sign with reduced setback and increased height. catbn of property: southeast side Route 25, Southold, New York, bounded north by Main Road, east by J. DePaz, south by Millle Bailey, and west by Millie Bailey. Vote of the Board~ Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Southold Town Board of Appeals -9- May 18, 1961 Resolution was offered by Mr. Gillispie, and seconded by Mr. Bergen, setting 7~50 P.M. (E.D.S.T.), Thursday, June 1, 1961, T own Clerk Office, Main Road, Southold, New York, as time and place for hearing upon application of A. V. Roche, a/c Shell Oil Company, P. O. Box 412, Babylon, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to erect and maintain ground sign with reduced setback and increased height. Location of property: nc~th side Route 25, west side Peconic Lane, Peconic, New York, bounded north by A. Cierach, east by S. Cierach, south by Route 25, and west by Peconic Lane. Vote of the Board~ Ayes~- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Resolution was offered by Mr. Bergen, seconded by Mr. Rosenberg, setting 8~00 P.M. (E.D.S.T.), Thursday, June 1, 1961, Town Clerk Office, Main Road, Southold, New York, as time and place for hearing upon application of A. V. Roche, a/c Shell Oil Company, P. O. Box 412, Babylon, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to erect and maintain ground sign with reduced setback and increased height. Location of property~ north side Route 25 and west side Depot Lane, Cutchogue, New York, bounded north by Alex Danowski, east by Depot Lane, south by Route 25, and west by James Wickham Estate. Vote of the Board~ Ayes~- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Resolution was offered by Mr. Rosenberg, seconded by Mr. Gillispie, setting 8~10 P.M. (E.D.S.T.), Thursday, June 1, 1961, Town Clerk Office, Main Road, Southold, New York, for a hearing upon application of A. V. Roche, a/c Shell Oil Company, PO. Box 412, Babylon, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for per- mission to erect and maintain ~ound sign with increased height. Location of property~ Hamilton Avenue and WickhamAvenue (County Route 27A), Mattituck, New York, bounded north by Zlmnoski, east by WickhamAvenue, south by County Route 27A, and west by other land of H. R. Reeve, Inc. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Southold Town Board of Appeals -10- May 18, 1961 Resolution was offered by Mr. Gillispie, seconded by Mr. Bergen, setting 8:20 P.M. (E.D.S.T.), Thursday, June 1, 1961, TOWn Clerk Office, Main Road, Southold, New York, as time and place for hearing upon application of A. V. Roche, a/c Shell Oil Coml~any, P. O. Box 412, Babylon, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for permissi~ to erect and m~intain g round sign with reduced setback and increased height. Location of property: south side Route 25 and old State Road and Bray Avenue, Laurel, New York, bounded north by Route 25, east by Della Chew, south by Old Road, and west by Old Road and Main Road. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Resolution was offered by Mr. Bergen, seconded by Mr. Rosenberg, setting 8:30 P.M. (E.D.S.T.), Thursday, June 1, 1961, Town Clerk Office, Main Road, Southold, New York, as time and place for hearing upon application of Greenport Lumber Division of George L. Penny, Inc., Main Road, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for pez-~uission to erect and maintain roof sign on front extension of business building located on the south side Route 25t (Arshamomaque), Greenport, New York, bounded north by Peconic Bay Estates Subdivision, east by U. Sledzieski, south by Railroad and west by Walter Sage. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Resolution was offered by Mr. RoseD_berg, seconded by Mr. Gillispie, setting 8:45 P.M. (E.D.S.T.), Thursday, June 1, 1961, Town Clerk Office, Main Road, Southold, New York, as time and place for hearing upon application of Mattituck Merchants Association, Love Lane and Pike Street, Mattituck, New York, for a spec~l exception in accordance with the Zoning Ordinance, Article V, Section 502, for per~aission to erect and maintain directional sign on industrial property of Mattituck Oil Corp., Luther Road and Mattituck Creek,Mattituck, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Southold Town Board of Appeals -11- May 18, 1961 Resolution was offered by Mr. Gillispie, seconded by Mr. Bergen, setting 9:00 P.M. (E.D.S.T.), Thursday, Jnne 1, 1961, Town Clerk Office, Main Road, Southold~ New York, as time and place for hearing upon application of Julius Zebroski, Bay View Road, Southold, New York, a/c Leslie Gazzola, 1170-81 Street, Brooklyn 28, New York, for recognition of access in accordance with State of New York Town Law Secti~ 280A. Location of property: xprivate right-of-way, south side Bay View Road, Southold, New York. Property bounded north by private road, east by A. J. Gazzola, south by canal, and west by private road and Zukas. Vote of the Board: Ayes:- Mr. gillispie, Mr. Bergen, and Mr. Rosenberg. Resolution was offered by Mr. Bergen, and seconded by Mr. Rosenberg, setting 9215 P.M. (E.D.S.T.), Thursday, June 1, 1961, Town Clerk Office, Main Road, Southold, New York, as time and place for hearing upon application of Julius Zebroski, Bay View Road, Southold, New York, a/c Prosper Clust, 40-85 Street, Brooklyn, New York, for recognition of access in accord- ance with the State of New York Town Law, Section 280A. Location of property: private right-of-way, south side Bay View Road, Southold, New York, bounded north by Ray Boggiano, east by private road, south by Albert G. Sergen, and west by Aaron Blakeman. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. It was further RESOLVED that legal notice of hearing be published in the official newspaper under date of May 26, 1961. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. The Board also received an application for a special exception from George L. Penny, III, a/c James Mulvihill for permission to replace all the cabins at Camp Momoweta, Laurel Lake that accomo- date 6 to 10 children and erect modern cabins accomodating 12. It was learned from the building inspector that a new cabin is in the process of being erected without securing a building permit and two cabins were erected last year without building permits. Only one of these buildings had a special exception authorized. Southold Town Board of Appeals -12- May 18, 1961 The Board forwarded a letter to Mr. Penny stating that they were not scheduling Appeal No. 373 acting for James Mulvihill for a special exception to expand a non-conforming use because of the fact the property is now in violation of the Zoning Ordinance for reason of the construction of a second new cabin in addition to the one on which permission was granted for construction August 1960. Neither building has a building permit and the newest building did not have a special exception authorized. I~norance of the law can hardly be pleaded as a defense since the same excuse~was offered in applying for a special exception last August on the building which was authorized after it had been constructed. The next meeting of the Southold Town Board of Appeals will be held 7=30 P.M., Thursday, May 25, 1961 at the Town Clerk Office, Main Road, Southold, New York. Meeting adjourned at 11:35 P.M. Respectfully submitted, Judith T. Boken Secretary