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HomeMy WebLinkAboutZBA-01/05/1961Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-96~O APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Robert Bergen Herbert Rosenberg Charles Gregonis, Jr. Serge Doyen, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS January 5, 1961 A regular meeting of the Southold Town Board of Appeals was held 7930 P.M., Thursday, January 5, 1961 at the Town Clerk Office, Main Road, Southold~ New York. There were presents Chairm~n, Robert Bergen, Grigmnis, Jr. Messrs. Robert Wo Gillispie, Jr., Herbert Rosenberg, and Charles Absent2 Mr. Serge Doyen, Jr. PUBLIC P~%~INGg Appeal No. 337 - 7s30 P.M. (E.S.T.), upon application of G. W. Smith & Sons, I/lc., Southold, New York, a/c Chester Jordan for a special exception in accora_~nce with the Zoning Ordinance~ Article III, Section 306, for per- mission to reduce front yard setback-on a corner lot. Loc~tion of property2 south side Pine Neck Road and east side Oakwood Drive, Southold, New York, bounded north by Pine Neck Road~ east by Lucy Leight, south by Southold Development Corporation, and west by Oakwood Drive. Fee paid $15.00. Southold Town Board of Appeals -2- January 5, 1961 The Chairman opened the hearing by reading application for a special exception, legal notice of hearing and affidavit attest- lng to its publication in the official newspaper. THE CHAIRMAN~ Is there anyone present who wishes to speak for this application? MR. DANIEL SMITH, Southold, New York: I have spoken to ML Rosenberg about this, and it probably would be better for all concerned if we can change the plans on the house a little so that they come into the garage from the rear of the lot instead of the side of the lot so that the doors do not face the neighbor across the street. I also wonder if it would be a good idea to reduce the 10 ft. side yard on the east so we could move the house further away from the street? THE CHAIRMAN~ The Board does not feel it would be advisable to reduce the 10 ft. side yard. We do feel that to bring the car in from the south would be the logical solution. To back the car out on the road would be a definite traffic hazard. 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? (There was no response.) THE CHAIRMAN: Of all the houses you have built in the last three to five years, what percentage have attached garages? MR. SMITH: Approximately 9~/~ of them have attached garages. Resolution was offered by Mr. Bergen, seconded by Mr. Grigonis, and carried, W~r~REAS application of G. W. Smith & Sons, Inc. a/c Chester Jordmn, having been considered at Public Hearing No. 337 on January 5~ 1961, and the Board finding thatthe public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjacent use districts will not be permanently or substantially injured and the spirit of the Ordinance would be observed, therefore be it Southold Town Board of Appeals -3- January 5, 1961 RESOL¥~a3 that G. W. Smith & Sons, a/c Chester Jordan be granted permission to reduce front yard setback on Oakwood Drive, a secondary street, providing the garage doors and driveway enter- lng the garage is from the south.It Is the opinion of the Board that this provision will eliminate a traffic hazard caused by cars backing out onto the street. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr, Grigonis. The minutes of the meeting of December 22, 1960, on motion of Mr. Gillispie, seconded by Mr. Grigonis, and carried, were approved as submitted. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 338 - Upon application of Joseph Mitchell, Track Avenue, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 306, for permission to reduce front yard setback on a corner lot. Location of property: south side Track Avenue and west side Still- water Avenue, Cutchogue, New York, Lots No. 95 and 96 on map of M. S. Hand. Fee paid $15.00. The Chaiz~£~n opened the hearing by reading application for a special exception, legal notice of hearing and affiaavit attest- ing to its publication in the official newspaper. THE CHAIRMAN: Is there anyone pre~ent who wishes to speak for this application? (There was no response.) THE CHAIRMAN: I believe all of the members of the Board have visited this property and are familiar with it. Is there anyone present who wishes to speak against this application~ Southold Town Board of Appeals -4- January 5, 1961 (There was no response.) Resolution was offered by Mr. Bergen, seconded by Mr. Rosenberg, and carried, WHEKEAS application of Joseph Mitchell, having been considered at Public Hearing No. 338 on January 5, 1961, 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 and adjacent use districts will not be substantially or permanently injured and the spirit of the Ordinance will be observed, therefore be it RESOLV~ that Joseph Mitchell be granted permission to reduce front yard setback to 35 ft. on Track Avenue, Cutchogue, New York. Applicant would be unable to observe the established setback of 48 ft. on the street because this is a corner lot and he wishes to face his house on Stillwater Avenue. It is the Board's opinion no traffic hazard will be created by reason of the location of tt~ house 35 ft. from Track Avenue and 40 ft. from Stillwater.Avenue. Vote of the Board~ Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. Th~ Board of Appeals received a letter from Robert Tasker, Tc~n Attorney, call~g attention to the fact the 1960 ~ew York State Legislature by Chapter 1041 of the Laws of 1960 amended the General Municipal Law by adding thereto Section 239-m, which states that any special permit or variance which would change the regulations applying to real property within a distance of 500 ft. of a boundary of any village, county park, State park or recreation area or within the right-of-way of any county or state parkway, thruway or any other controlled-access highway must be submitted to the Suffolk County planning Co~tm~ission for their reco~mmendation and report. PUBLIC HEARING~ Appeal No. 335 - upon application of Suffolk Outdoor Advertising Company, Inc., Box 624, Greenport, New York, for a special exception inaccordance with the Zoning Ordinance, Southold Town Board of Appeals -5- January 5, 1961 Article III, Section 300, Subsection 11, for permission to erect and maintain a commercial advertising sign on the property of Ernest C. Tuthill, South side Middle Road ( Route 27A), Mattituck New York, bounded north by Middle Road ( Route 27A), east by other land of E. C. Tuthill, south by Railroad, and west by J. C. Tuthill. Fee paid $15.00. This hearing was opened at the published ~te, December 15, 1960, and after the legal formalities were completed, was recessed until January 5, 1961 at the request of the applicant due to his inability to attend. The Chai£~an read again the notices and application, affidavit of publication, letter of permission from property owner, corresp- ondence between ~ applicant and th~ Board of Appeals, for the benefit of the applicant and his associate. Mr. Witherspoon Senior and Junior spoke at very great length and in great detail of their life histories. Finally they were asked why they waited nearly two years to request pe~mission to replace a non-confounding bill poster type sign and to place it several miles distant from its original site. Mr. Robert Witherspoon stated that under no circumstance would they place a sign anywhere near the original site as billboards there were not rentable. But at this time they were able to rent a sign located on the proposed site. This applicant is in the outdoor advertising business and has a quantity of non-confozming signs on various sites throughout the Town. Many of these boards are larger than any permitted use. This is the first application by this company to erect a billboard. The largest sign permitted under our Ordinanc9 a sign which must be placed on the premises of the business firm and must advertise the business conducted there, is approximately 81 sq. ft. The billboard requested by this applicant is about 305 sq. f~ This application is for a special exception to our ordinance. It was explained in detail to the applicant that this Board has no authority to grant a benefit to one piece ofproperty where all other properties are left with a restricted use. And further that the Board may not create a business area in a residential and agricultural zone and that the erection of a billboard advertising national or local fiz.~s is a business venture. Our Ordnance in gran~ng special powers to this Board does not grant it authority to permit a permissive use in a district where the use is not permitted. Southold Town Board of Appeals -6- January 5, 1961 usually verbatim reporting is included in our minutes and the secretary has as much as possible of the involved statements of the applicants who spoke for more than one hou~ frequently in concert, and these minutes are a resume of those notes. We were unable to secure more information than we had secured by thorough investigation. Resolution was offered by Mr. Glllispie, seconded by Mr. Grigonis, and carried, ~ application of suffolk Outdoor Advertising Company, Inc. having been considered at Public Hearing No. 335 on January 5, 1961, and WHEREAS after careful investigation by members of this Board it was found that nearly two years ago after much delay the owner of the site where this sign was located was able to cause its removal and the purpose of this application is to permit the erection of a billboard in an area many miles from its original site for the purpose of renting the billboard to either national advertisers and/or firms in the general area and according to the list submitted by the applicant local advertisers who now have pe£mitted advertising boards and have previously asked informally to erect advertising boards not permitted under our ordinance - would rent space on this board; and WHERF--%~ this Board is not permitted to grant a benefit to one piece of property where all others are left with a restricted use or to rezone an area; and FURTHERMORE the use would not be in harmony with or promote the general purposes and intent of this ordinance and the public convenience and welfare ar~ justice would not be served, now therefore this application is Denied. vote of the Board: Ayes=- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. The Board forwarded a letter to the Town Board advising them the question of billboard sign advertising was again brought to their attention by reason of denial at a Public Hearing of Appeal No. 335 dated November 29, 1960 made by Suffolk Outdoor Advertising Company, Inc. for a special exception to erect a 24 ft. 6 in. by 12 ft. 3 in. billboard in an agricultural-residential zone. The Board advised the Town Board that the contention of Suffolk Outdoor Southold Town Board of Appeals -7- January 5, 1961 Advertising Company is that some relief should be provided since there are only two advertising media which can be afforded by local business. One is the local newspapers and the other outdoor advertising. The purpose of the letter was to suggest that the remedies, if there are any, which should be considered are a matter for determination by the Town Board. It was further suggested that a joint meeting of the Town Board, Planning Board and Board of Appeals be called at least one year before the expiration of the deadline of signs, to discuss the subject. ed Mr. Howard Terry request/that the Board informally advise if changing the use of a non-conforming multiple residence from tourist and seasonal apartments to an adult home would come under their jurisdiction. The Board determined that it would not, and that a change of zone would be required to make this change. The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M., Thursday, January 19, 1961 at the Town Clerk Office, Main Road, Southold, New York. Meeting adjourned at 10:45 P.M. Respectfully submitted, ~Judith T. B6ken, Secretary airma~ Bo~'rd'6f Ap~eal~