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HomeMy WebLinkAboutZBA-03/16/1961Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-~6~0 APPEAL BOARD MEMBERS Robert '~'. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenber9 Charles Grzgonis, ,,Ir. Serge Doyen, Jr. MINUTES SOUTHOLD TOWN BOARD OFAPPEAL~ March 16, 1961 A regular meeting of the Southold Town Board of Appeal was held 7~30 P.M., Thursday, March 16, 1961 at the Town Clerk Office, Main Road, Southold, New York. There were presents Messrs. Robert W. Glllispie, Jr., Chalr~n, Robert Bergen, Charles Grlgonis, Jr., and Serge Doyen, Jr. Absent: Mr. Herbert Rosenberg. PUBLIC HEARING~ Appeal No. 343 - 7:30 P.M. (E.S.T.), upon application of WilllamRodman Pell, 214 Atlantic Avenue, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 400, Subsection 9, for pe£~,ission to use premises as a public garage and automobile service station. Locati~ of property~ north side Route 25, West Greenport, bounded north by E. H. King, east by E. H. King, south by Main Road, and west by E. H. King. Fee paid $15.00. The Chairman opened the hearing by reading application for special exception, legal notice of hearing and affidavit attest- ing to its publication in the official newspapdr. Southold Town Board of Appeals -2- March 16, 1961 T~R CHAIRMAN: It does not indicate in the application, but the area we are talking about that Mr. Pell owns is zoned "B" Business. What would be a rough description of the lot? IRVING L. PRICE, JR., ESQ., Greenport= 100 ft. by 491.31 ft. in depth. THE CHAIRMAN= Is there anyone present who wishes to speak for this application? MR. PRICEr We believe that the application speaks for itself. Mr. Pell has built this building with the intention of using it for the service of his own vehicles. He carries on a trucking business and to off-set the cost to him he has made arrangements to also operate as a public garage and service station. We feel it meets the requirements in Article VIII, Section 801-C and an examination of the premises would develop all of the necessary requirements that are listed under that section on pages 5 and 6 in the Ordinance. If there are any qudstions myself or Mr. Pell would be glad to answer them. THE CHAIRMAN: The Board of Appeals is required to consider the various qualifications surrounding approval of any action which they may take in connection with a special exception. Number One - the use will not prevent the orderly and reasonable use of adjacent property or of property in adjacent use districts. The area belong- ing to the State and used as a storage area is 600 feet to the east and in between~that area and the Pell property is undeveloped land owned by the Village of Greenport and used as a bird sanctuary and the other is farm land owned by E. H. King. The land to the west is currently owned by E. H. King and the Lutheran Church. The use will not prevent the orderly and reasonable use of permitted or legally established uses in the district. We can skip over that because the area is developing as a business area and there are no residences for an area of at least 1000 ft. in any direction. The safety, health, welfare, comfort, convenience or order of the Town will not be adversely affected by the proposed use and its location. This is a good location for the operation because it is on a subsidiary road to the Main Road. The use will be in harmony with and promote the general purposes andintent of the Ordinance, it will not cause undue increase of vehicular traffic congestion on public streets or Southold Town Board of Appeals -3- March 16, 1961 highways. It has been established that it is on a subsidiary road to the Main Road. Will there be off-street parking? MR. PELL~ The front will be black-topped for an area of 75 by 100 ft. THE CHAIRMAN~ Mow l(ng is the building? MR. PELL: 52 ft. by 35 ft. It is placed to one side of the lot, two feet from the west side line. T~e reason for that is I am buying another 100 ft. to the west of my lot for my own protection. THE C~a_IRMAN: As far as I can see this proposed use fulfills all of these conditions we are required to consider to grant a special exception. Is there anyone else present who wishes to speak for this application? MR. PRICE: Mr. Pell says that there is no place between Riverhead and Orient to buy diesel fuel for trucks and he intends to dispense diesel fuel and make truck repairs. Such places ap in short supply. THE CHAIRMAN, Are there to be any new or used motor vehicles for saleor hire? MR. I:~ET.T. ~ No. THE CHAIRMAN: A wrecking service? MR. PELL: No. THE CHAIRMAn: No parking of vehicles other than those being serviced? MI{. PELL: No, except for the vehicles of Pells Seafood, which is the reason I built the building. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (T~re was no response.) Southold Town Board of Appeals -4- March 16, 1961 T~ECHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) T~E C~AIRMANz Are there any other questions from anyone in connection with this application? (There was no response.) Resolution was offered by Mr. Gillispie, seconded by Mr. Bergen, and carried, WHEREAS Application of William Rodman Pell having been considered at Public Hearing No. 343 on March 16, 1961, and the Board finding that the public convenience and welfare and justice will be served and the legally established or permitted use of the neighborhood property will not be sub- stantially or permanently injured and the spirit of the Ordinance will be observed, therefore be it RESOLVED that William Rodman Pell be granted permission to operate a public garage and motor vehicle service station subject' to the following conditions: 1. No major repair work shall be performed in the open. e Pumps, lubricating and other devices shall be located at least fifteen (15) feet from the line of any street or highway, right-of-way or property line. 3. All fuel oil or similar substances shall be stored at least fifteen (15) feet from any street or lot line. No automobiles, or automobile parts, dismantled or damaged vehicles and similar articles shall be stored in the open and no parking of vehicles other than those being serviced shall be permitted, excepting vehicles owned by Pells Seafood or Pells Seafood, Inc. 5. Signs to be in accordance with Article IV, Section 408 of the Building ~one Ordinance of the Town of Southold. Map of property surveyed for William R. Pell, near Greenport, by Otto W. Van Tuyl & Son, dated March 6, 1961. Vote of the Board: Grigonis, and Mr. Doyen. Ayes:- Mr. Gillispie, Mr. * * * Bergen, Mr. Southold Town Board of Appeals -5- March 16, 1961 PUBLIC ~%RING: 8~0e PoM. (E.S.T.), upon application of Suffolk Coop. G. L. F. Service, Inc., for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for pe£missic~ to erect (paint) sign on roof of Suffolk Coop. G. L. F. Service, Inc., building, south side Hummel Avenue, $outhold, New York, bounded north by ~mmel 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 affia~vit attesting to its publication in the official newspaper. THE CHAIRMAN: Is there anyone present who wishes to speak for this application: ROBERT J. KUTIL, Cutchogue, New York: I speak for the application. I am the Manager. The purpose of the sign is that we are expanding our business from the farm supply service to retail garden supply also~ THE CHAIRMANz Mr. Kutil has asked for permission to put the sign on the roof, but I have talked to him and he has agreed that it would be j%st as well to put it on the si4e of the build- ing and unless he can present some reason for putting it on the roof that would influence this Board probably the Board will not grant this application. When I talked to you about this you agreed ~ there are only about two or three weeks out of the year that there are box cars in front of the doors, thus blocking the sign. MR. KUTIL= Since you mentioned the doors I have not been able to see them because of the box cars. THE CHAIRMAN= There is a varicolored asphalt roof and the sign would have to be startling to show up, whereas on the side of the building there is a white surface to work against. Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHAIRMANz Is there anyone present who wishes to speak against this application? (There was no response.) $outhold Town Board of Appeals -6- March 16, 1961 THE CHAIRMAN~ Mr. Kutil, do you have anything to add? MR. KUTIL, No, sir. MR. BERGEN: I am not in favor of putting the sign on the roof because it will set a precedent. I think it should be on the side of the building. Resolution was offered byMr. Bergen, seconded by Mr. Grigonis, and carried, WHEREAS application of Suffolk Coop. G.L.F. Service, Inc., having been considered at Public Hearing No. 342 on March 16, 1961, and it is the finding of the Board of Appeals that the use will prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located and will prevent the orderly or legally established uses in adjacent use districts. It will not be in harmony with and promote the general purposes and intent of the Ordinance, primarily because of the location of this property with respect to valuable residential property to the south, which is expected to be developed for residences. The requestedpermission will not encourage the most appropriate use of the land to the south and would certainly establish a precedent for all businesses locatedin areas remote from the main roaam in the Town of Southold, therefore be it RESOLVED that the application of Suffolk Coop. G.L.F. Service, Inc., for a roof sign be denied. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mr. Doyen. Mr. Robert Ketcham, Jr. appeared before the Board of Appeals to discuss filing applications for special exceptions for directional signs for the Sunset Motel and Cozy Cove Cottages. On motion of Mr. Bergen, seconded by Mr. Doyen, and carried the Board of Appeals set 11230 A.M., (E.S.T.), Wednesday, March 29, 1961, Town Clerk Office, Main Road, Southold, New York, as time and place for hearing upon application of Robert Ketcham, Jr., Bay Lake Park, East Marion, New YOrk, a/c Sunset Motel, Middle Road, Greenport, New York, for a special exception in Southold Town Board of Appeals -7- March 16, 1961 accordance with the Zoning Ordinance, Article III, Section 300, Subsection 11, for permission to erect and maintain directional sign on the property of Marie Ciacia, south side Route 25, east of Pipes Neck Road, Greenport (Arshamomaque), New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mr. Doyen. On motion of Mr. Grigonis, seconded by Mr. Bergen, and carried, the Board of Appeals set 11:40 A.M. (E.S.T.), wednesday March 29, 1961, Town Clerk Office, Main Road, Southold, New York, as time and place for hearing upon application of Robert Ketcham, Jr., Bay Lake Pank, East Marion, New York, a/c Sunset Motel, Middle Road, Greenport, New York, and Cozy Cove Cottages, Bay Avenue, East Marion, New York, for a special exception in accord- ance with the Zoning Ordinance, Article III, Section 300, Sub-- section 11, for permission to erect and maintain directional sign on the property of Clementine Rutkowski, south side Route 25, west of Shipyard Lane, East Marion, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mr. Doyen. It was further RESOLVED that legal notice of hearing be published in the official newspaper on Marhh 24, 1961. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mr. Doyen. Mr. Ketcham discussed with the Board the matter of directional signs for the Sterling Harbor Marina, Greenport. On the location of one proposed sign there is question of obstructing visibility and the Board decided to look at the property before Mr. Ketcham makes an application. The minutes of th~ meeting of March 7, 1961, on motio n of Mr. Bergen, seconded by Mr. Grigonis, and carried, were approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mro Doyen. A~O~ting adjourned at lO:O0 P.M. C~'~m-an B~rd "of Respectfully submitted., "Judith T. Boken, Secretary